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2019-10-21 (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, October 21, 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 October 7, 2019. City Council Regular - 07 Oct 2019 - Minutes - Pdf 6. Communications, Proclamations, Appointments and Recognition a. Englewood Police Officer Creaghe will be recognized for achieving Englewood Middle School staff member of the month for September. b. Proclamation Declaring October 2019 as Manufacturing Month in the City of Englewood Proclamation 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. Only those who meet the deadline can speak in this section. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presen tation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Pamela Beets, an Englewood resident, will address Council. b. Marcy Brown, an Englewood resident, will address Council. c. Doug Cohn, an Englewood resident, will address Council regarding Englewood history. 8. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask qu estions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion. Written materials for 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 Response to Public Comment. Page 1 of 427 Englewood City Council Regular Agenda October 21, 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. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 39 - IGA with Aurora-South Small Business Development Center CB 39 - Pdf Staff recommends City Council approve, by Ordinance, an Intergovernmental Agreement with the Aurora-South Metro Small Business Development Center (SBDC) to provide training, business seminars, one-on-one consulting, and offer the Leading Edge program in Englewood all to benefit Englewood's entrepreneurs and small business owners. Staff: Economic Development Manager Darren Hollingsworth ii. CB 43 - 2020 Budget Ordinance - Budget CB 43 - Pdf Staff recommends City Council approve, by Ordinance, the 2020 City of Englewood Budget. Staff: Finance Director Maria Sobota iii. CB 42 - 2020 Budget Ordinance - Budget Appropriations CB 42 - Pdf Staff recommends City Council approve, by Ordinance, the 2020 City of Englewood Budget Appropriations. Staff: Finance Director Maria Sobota iv. CB 46 - 2020 Budget Ordinance - SPWRP Budget CB 46 - Pdf Staff recommends City Council approve, by Ordinance, the 2020 South Platte Water Renewal Partners Budget. Staff: Finance Director Maria Sobota v. CB 45 - 2020 Budget Ordinances - SPWRP Appropriation CB 45 - Pdf Staff recommends City Council approve, by Ordiance, the 2020 South Platte Water Renewal Partners Appropriation. Staff: Finance Director Maria Sobota vi. CB 44 - 2020 Budget Ordinances - Mill Levies CB 44 - Pdf Staff recommends City Council approve, by Ordinance, the 2020 Mill Levies. Staff: Finance Director Maria Sobota vii. CB 41 - An Ordinance pertaining to the Englewood Local Liquor and Marijuana Licensing Authority CB 41 -Pdf Staff recommends City Council approve, by Ordinance, the corrections and updates to municipal code references to the Englewood Local Liquor and Marijuana Licensing Authority. Staff: City Attorney Alison McKenney Brown c. Resolutions and Motions Page 2 of 427 Englewood City Council Regular Agenda October 21, 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. 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 47 - Short Term Rental Ordinance CB 47 - Short Term Rentals - Pdf Staff recommends that pertaining to 16-2-6 Amendments to the Text of Title 16 (UDC, Unified Development Code), City Council review the recommendations of City Staff, the Planning and Zoning Commission, and hear testimony from the public on the proposed amendments to the Unified Development Code, Title 16, relating to Short Term Rentals. Staff: Planner II Erik Sampson ii. CB 48 - Establishing Sewer Rates CB 48 On October 8, 2019, staff presented the sanitary sewer 7% rate increase recommendation to the Water and Sewer Board and the members present voted in favor for the increase. Staff recommends that the City Council approve the attached Ordinance which will increase the wastewater utility service rates by 7%, effective January 1, 2020. Staff: Public Works Director and Interim Utilities Director Maria D'Andrea b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Presiding Municipal Judge Salary Discussion Presiding Municipal Judge Salary Discussion - Pdf Presiding Judge, Joe Jefferson, requests that Council discuss and authorize a salary adjustment for the Presiding Judge to commence on the applicable anniversary date of January 8, 2020. Staff: Honorable Joe Jefferson ii. Census 2020 Englewood Complete Count Committee and Related Activities Census 2020 - Pdf Staff recommends City Council approve, by motion, the acceptance of two grants, none of which require matching funds, which all serve to provide financial support to the City's efforts to effectively achieve a complete count of persons residing within the City of Englewood, Colorado. Staff: Senior Planner John Vorboril iii. Professional Services Agreement for Trolley Operations Professional Services Agreement for Trolley Operations - Pdf Staff recommends City Council approve, by motion, a Professional Services Agreement with MV Transportation, Inc. for the 2020 management, operation, and maintenance of the Englewood Trolley. The Agreement is in the amount of $374,361. Staff: Planning Manager Wade Burkholder iv. 2020 Englewood Light Rail Corridor and Urban Center Next Step Study Grant Agreement between the City of Englewood and the Colorado Department of Transportation (CDOT) Page 3 of 427 Englewood City Council Regular Agenda October 21, 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. CDOT Grant Agreement - Pdf Staff recommends Council approval of a resolution authorizing the City of Englewood’s execution of a Grant Agreement with the Colorado Department of Transportation for the 2020 Englewood Light Rail Corridor and Urban Center Next Step Study (“Next Step Study Grant”). Staff: Chief Redevelopment Manager Dan Poremba v. Award of Contract to Colt & Steel Corp. for the 2019 Alley Grading & Stabilization Project Alley Grading & Stabilization Project - Pdf Staff recommends approving, by motion, a contract with Colt & Steel Corp. in the amount of $259,208.27 for the 2019 Alley Grading & Stabilization Project. Staff: Capital Project Engineer Jacob Warren vi. Marked Crosswalk Guidelines Pdf Staff recommends City Council approve, by motion, the Marked Crosswalk Guidelines. Staff: Public Works Director Maria D'Andrea 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 427 MINUTES City Council Regular Meeting Monday, October 7, 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 Martinez. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Martinez. 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 ABSENT: Council Member Cheryl Wink STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown Deputy City Manager Hargrove City Clerk Carlile Deputy City Clerk McKinnon Police Chief Collins, Police Department Director Sobota, Finance and Administrative Services Director Power, Community Development Director D'Andrea, Public Works Director Van Ry, South Platte Water Renewal Partners Page 1 of 11 Draft Page 5 of 427 City Council Regular October 7, 2019 Deputy Director King, Information Technology Court Administrator/Director Wolfe, Municipal Court Acting Director Lee, Parks/Recreation and Library Budget Administrator Nolan, Finance and Administrative Services Planning Manager Burkholder, Community Development Economic Development Manager Hollingsworth, Community Development Communications Manager Harguth, Communications Planner II Sampson, Community Development Technical Support Specialist II Munnell, Information Technology Officer Douglas, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of September 16, 2019. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 16, 2019. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x 6 0 0 Motion CARRIED. 6 Communications, Proclamations, Appointments and Recognition a) Todd Cottrell with DRCOG recognized the City of Englewood for receiving 10.48 million dollars in federal transportation funding. b) Taiwan Friendship Day Proclamation Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine TO APPROVE A PROCLAMATION DECLARING OCTOBER 10, 2019 AS TAIWAN FRIENDSHIP (DOUBLE TENTH DAY OF THE REPUBLIC OF CHINA) DAY IN THE CITY OF ENGLEWOOD. For Against Abstained Page 2 of 11 Draft Page 6 of 427 City Council Regular October 7, 2019 Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x Amy Martinez x 6 0 0 Motion CARRIED. 7 Recognition of Scheduled Public Comment a) Marcia McGilley, Executive Director of the Aurora-South Metro Small Business Development Center addressed Council regarding the City’s partnership and contract renewal. b) Vicki Hoffman addressed Council regarding Gallo Restaurant and sewer bill increase. c) Marcy Brown, an Englewood resident, addressed Council regarding drainage. d) C. Ann Dickerson, an Englewood resident, addressed Council regarding ordinances, resolutions, permits and inspections. e) Pamela Beets, an Englewood resident, addressed Council regarding high density housing. f) Doug Cohn, an Englewood resident, addressed Council regarding Englewood history. 8 Recognition of Unscheduled Public Comment a) Gerald Tindal, an Englewood resident, addressed Council regarding Airbnb's. b) Ida May Nicholl, an Englewood resident, addressed Council regarding Englewood history. c) K Sue Anderson, an Englewood resident, addressed Council regarding Community involvement. d) Janice Brown, an Englewood resident, addressed Council regarding giving thanks to Public Works and the Block Party. e) Maureen White, an Englewood resident, addressed Council regarding Community Development. Mayor Olson Responded to Public Comment. 9 Consent Agenda Items Page 3 of 11 Draft Page 7 of 427 City Council Regular October 7, 2019 Moved by Mayor Pro Tem Russell, seconded by Council Member Sierra to approve Consent Agenda Items 9(b)(i-ii). a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 11 (a)(i-v). b) Approval of Ordinances on Second Reading. i) CB 36 - Encroachment License and Indemnification Agreement for 3145 S Sherman Street ORDINANCE NO. 42, SERIES OF 2019 (COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING A GRANT OF AN ENCROACHMENT LICENSE AND INDEMNITY AGREEMENT, FOR ENCROACHMENT UPON THE CITY DITCH AT 3145 S. SHERMAN STREET, ENGLEWOOD, COLORADO, TO ALLOW FOR THE CONSTRUCTION OF A PORTION OF A GARAGE. ii) CB 40 - Code Enforcement Advisory Committee Enabling Legislation ORDINANCE NO. 43, SERIES OF 2019 (COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE AMENDING TITLE 2, CHAPTER 10, SECTIONS 2-10- 1, 2-10-2, 2-10-5, and 2-10-6 OF THE ENGLEWOOD MUNICIPAL CODE, 2000, IN ASSOCIATION WITH THE ESTABLISHMENT OF THE CODE ENFORCEMENT ADVISORY COMMITTEE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Motion to approve Consent Agenda Items 9(b)(i-ii). For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x 6 0 0 Page 4 of 11 Draft Page 8 of 427 City Council Regular October 7, 2019 Motion CARRIED. c) Resolutions and Motions There were no Resolutions or Motions. 10 Public Hearing Items a) Public Hearing - Short Term Rental Ordinance Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO OPEN THE PUBLIC HEARING FOR PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE, TITLE 16, RELATING TO SHORT TERM RENTALS. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x 6 0 0 Motion CARRIED. All testimony was given under oath. Community Development Planning Manager Wade Burkholder and Planner II Erik Sampson presented information regarding the proposed amendments to the Unified Development Code, Title 16, relating to short term rentals. 3 citizens spoke in favor of Short Term Rentals. 1 citizen wrote a letter in opposition of Short Term Rentals. 7 citizens spoke in opposition of Short Term Rentals. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO CLOSE THE PUBLIC HEARING FOR PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE, TITLE 16, RELATING TO SHORT TERM RENTALS. For Against Abstained Page 5 of 11 Draft Page 9 of 427 City Council Regular October 7, 2019 Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x 6 0 0 Motion CARRIED. The meeting recessed at 9:25 p.m. for a break. The meeting reconvened at 9:32 p.m. with all Council Member present except for Council Member Wink. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 39 - IGA with Aurora-South Small Business Development Center Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON-ONE CONSULTING, AND OFFER THE LEADING EDGE PROGRAM IN THE CITY OF ENGLEWOOD. 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 6 0 0 Motion CARRIED. ii) CB 43 - 2020 Budget Ordinance - Budget Page 6 of 11 Draft Page 10 of 427 City Council Regular October 7, 2019 Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER MARTINEZ A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2020. 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 6 0 0 Motion CARRIED. iii) CB 42 - 2020 Budget Ordinance - Budget Appropriations Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2020. 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 6 0 0 Motion CARRIED. Page 7 of 11 Draft Page 11 of 427 City Council Regular October 7, 2019 iv) CB 46 - 2020 Budget Ordinance - South Platte Water Renewal Partners (SPWRP) Budget Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS FOR FISCAL YEAR 2020. 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 6 0 0 Motion CARRIED. v) CB 45 - 2020 Budget Ordinances - South Platte Water Renewal Partners (SPWRP) Appropriation Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2020. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x Page 8 of 11 Draft Page 12 of 427 City Council Regular October 7, 2019 Amy Martinez x 6 0 0 Motion CARRIED. vi) CB 44 - 2020 Budget Ordinances - Mill Levies Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x 6 0 0 Motion CARRIED. vii) CB 41 - An Ordinance pertaining to the Englewood Local Liquor and Marijuana Licensing Authority Council Member Cuesta recused himself from the vote. Member Cuesta stated he has no interest, membership or ownership in the marijuana industry. Motion to allow Council Member Cuesta to recuse himself from the vote. Moved by Council Member Barrentine, Seconded by Council Member Sierra. Discussion ensued. Member Cuesta was recused from the vote. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER Page 9 of 11 Draft Page 13 of 427 City Council Regular October 7, 2019 RUSSELL A BILL FOR AN ORDINANCE AMENDING TITLE 2, SECTION 2-6-1, AND TITLE 5, SECTIONS 5-3-1, 5-3A-3, 5-3D-2, 5-3D-3, 5-3E-2 AND 5- 3E-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000 ALL PERTAINING TO THE ENGLEWOOD LOCAL LIQUOR AND MARIJUANA LICENSING AUTHORITY. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x 5 0 1 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Items 9 (a)(i-ii). c) Resolutions and Motions There were no Resolutions or Motions. 12 General Discussion a) Mayor's Choice 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 10:31 p.m. Page 10 of 11 Draft Page 14 of 427 City Council Regular October 7, 2019 City Clerk Page 11 of 11 Draft Page 15 of 427 P R O C L A M A T I O N Declaring October 2019 as Manufacturing Month in the City of Englewood WHEREAS, Englewood has a high concentration of manufacturing businesses, which represent a significant positive economic impact by providing jobs for skilled workers and links to innovation in other sectors of the local economy. WHEREAS, Englewood is home to 164 manufacturing businesses that employ 3,043 skilled workers at an average wage of $32.94 per hour, which is well above the median income for the community. WHEREAS, Englewood’s economic development program is geared to support the growth and retention of the community’s manufacturing and innovation businesses by providing access to a range of business resources. WHEREAS, The City has forged strong and productive partnerships with a variety of economic partners including, Manufacturer’s Edge and the Aurora-South Metro Small Business Development Center. NOW THEREFORE, I, Linda Olson, Mayor of the City of Englewood do hereby proclaim October as Manufacturing Month in the City of Englewood and I do hereby invite our manufactures to attend the Manufacturing Day Celebration on Thursday, October 24 with a reception at Leatherneck Precision Machining from 4:30 PM to 6:30 PM. GIVEN under my hand and seal this 21st day of October, 2019. Linda Olson, Mayor Page 16 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Darren Hollingsworth DEPARTMENT: Community Development DATE: October 21, 2019 SUBJECT: CB 39 - IGA with Aurora-South Small Business Development Center DESCRIPTION: CB 39 - IGA with Aurora-South Small Business Development Center RECOMMENDATION: Staff recommends that City Council approve on First Reading an Intergovermental Agreement with the Aurora-South Metro Small Business Development Center (SBDC) to provide training, business seminars, one-on-one consulting, and offer the Leading Edge program in Englewood all to benefit Englewood's entrepreneurs and small business owners. In the furtherance of the goal of enhancing economic vitality and supporting entrepreneurs in Englewood, contracting with the Aurora-South Metro Small Business Development Center has enhanced Englewood's for assistance technical training access and opportunities to entrepreneurs and small business owners. PREVIOUS COUNCIL ACTION: On November 7, 2016, City Council approved Council Bill 41 authorizing an Intergovernmental Agreement with the Aurora-Small Business Development Center that created a three-year partnership to support Englewood's entrepreneurs and small business owners through the end of 2019. SUMMARY: The SBDC provides technical assistance and advanced small business services at the local level by offering training, seminars, one-on-one consulting, and offering the Leading Edge Program in Englewood. The programs and services offered by the SBDC are interconnected with Englewood’s economic development initiatives and are integral to Englewood’s economic development program. Grant recipients for the City’s business initiation grant and business acceleration grant must participate in the SBDC’s business planning workshops or training to be eligible for funding assistance. The Executive Director of the SBDC provides annual updates to City Council about the economic impacts of the program in Englewood. ANALYSIS: For the past three years, the City of Englewood has successfully partnered with the Aurora- South Metro Small Business Development Center to perform key services for businesses in Page 17 of 427 Englewood. The existing agreement will expire at the end of 2019. The draft ordinance would approve extending the City's partnership with the SBDC for an additional three years. FINANCIAL IMPLICATIONS: The City will host SBDC events in municipal facilities at no cost to the Aurora-South Small Metro Business Development Center. Providing such facilities is a non-cash contribution to the SBDC. Additionally, as a sponsor of the SBDC, the City of Englewood will provide an annual contribution of $20,000 for a three-year sponsorship period to support the program and provide training, business seminars, one-on-one consulting, and offer the Leading Edge Program in Englewood. The partnership period is 2020, 2021, and 2022 and may be terminated pursuant to the agreement if funding is not allocated for this program. ATTACHMENTS: Council Bill 39 Intergovernmental Agreement Page 18 of 427 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 39 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON-ONE CONSULTING, AND OFFER THE LEADING EDGE PROGRAM IN THE CITY OF ENGLEWOOD. WHEREAS, in the furtherance of enhancing economic vitality and supporting entrepreneurs, the City of Englewood desires to contract with Aurora-South Small Business Development Center (SBDC) to perform a variety of activities that will enhance training opportunities for entrepreneurs and small business owners; WHEREAS, Englewood previously entered into a three-year sponsorship agreement with the SBDC to provide technical assistance and advanced small business services at the local level. The programs and services offered by the SBDC are interconnected with Englewood’s economic development initiatives and integral to Englewood’s economic development program; WHEREAS, the SBDC will provide training, business seminars, one-on-one consulting, and offer the Leading Edge Program in Englewood; WHEREAS, grant recipients for the City’s business initiation grant and business acceleration grant must participate in the SBDC’s business planning workshops or training to be eligible for funding assistance; WHEREAS, the City will host these events in municipal facilities at no cost to the Aurora- South Small Business Development Center (SBDC), which is a non-cash contribution; and WHEREAS, as a sponsor of the SBDC, the City of Englewood will provide an annual contribution of $ 20,000 for a three-year sponsorship period to support the program and provide training, business seminars, one-on-one consulting, and offer the Leading Edge Program in Englewood. 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 Intergovernmental Agreement (IGA) between the Aurora-South Metro Small Business Development Center (SBDC) and the City of Englewood, as attached hereto as Exhibit A. Page 19 of 427 2 Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Read by Title and passed on final reading on the 21st day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 24th day of October, 2019. Published by title on the City’s official website beginning on the 23rd day of October, 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 20 of 427 1 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made this ______ day of __________, 2019, by and between the Aurora- South Metro Small Business Development Center (SBDC) and the City of Englewood, Colorado, a municipal corporation. WHEREAS, in furtherance of enhancing economic vitality and supporting entrepreneurs, the City of Englewood, Colorado desires to contract with Aurora-South Small Business Development Center to perform small business consultations, technical assistance, training, and workshops at Englewood Civic Center; and WHEREAS, the services provided by the Aurora-South Small Business Development Center are integral to Englewood's economic development program; and WHEREAS, participants in the grant initiatives offered by the City of Englewood are required to participate in the workshops, training, or consulting as offered by the Aurora- South Small Business Development Center; and WHEREAS, the parties desire to enter into an agreement by describing the relationship between the Aurora-South Metro Small Business Development Center and the City of Englewood regarding services that the Aurora-South Metro Small Business Development Center will perform for the City; and NOW, THEREFORE, in consideration of the covenants and promises contained herein, the sufficiency of which is acknowledged by the parties, the parties agree as follows: 1. Aurora-South Metro Small Business Development Center will provide 8 to 10 workshops, seminars, or events annually (based on local priorities). Examples include: Small Business Startup Workshops, Small Business Resource and Lenders Expo, Small Business Saturday support, industry/sector focused workshops such as the Annual Manufacturing Day event, Englewood Creates event, or Starting Your Retail Food Establishment workshop. 2. Aurora-South Metro Small Business Development Center will provide free and confidential, individualized, one-on-one Consulting/Technical Assistance (based on demand). 3. Aurora-South Metro Small Business Development Center will provide the Leading Edge Strategic Planning Series in Englewood every other year. 4. Aurora-South Metro Small Business Development Center will provide Executive Director Leadership; a Director will attend meetings, sit on committee/boards for economic development, and attend events and strategy meetings on an as needed basis. Page 21 of 427 2 5. The Executive Director of the Aurora-South Metro Small Business Development Center will provide an annual update to the Englewood City Council regarding the economic impacts of the Program in Englewood. 6. Aurora-South Metro Small Business Development Center will provide Marketing and Promotion, Press Announcements for new sponsorship, Website presence on both the City of Englewood and Aurora-South Metro Small Business Website (links to each other's website), a monthly e-newsletter presence with one Featured Story annually, a Social Media Presence (stories and events information), a Flyer and Brochure presence, seat on the Denver South Business Resource Partnership, coordination with the Englewood Chamber of Commerce - Integration in marketing efforts, and the City of Englewood marketing tactics. 7. The City of Englewood will have a Summit Level Sponsorship, which is appropriate for corporate, governmental (city and county level), educational and financial institutions at a cost of $20,000 annually. 8. The City of Englewood agrees to a three (3) year commitment for the years 2020, 2021 and 2022 to sponsor the services provided to the City from the Aurora-South Metro SBDC. A three (3} year commitment is required as SBA budgets and capacity building plans cover this time frame. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("Tabor"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. 9. Upon receipt of an invoice from the Aurora-South Metro Small Business Development Center, the City of Englewood agrees to pay their sponsorship funding based on the schedule below. Due Date: $10,000 on January 15th annually $10,000 on August 20th annually. Total Annual Sponsorship Level: $20,000 Three-year sponsorship period: 2020, 2021 and 2022. 10. Termination. This Agreement may be terminated by either party with a 30-day written notice, in which case the Aurora-South Metro Small Business Development Center will provide to the City a final billing for time and materials or other related expenses within 30 days of the termination date of this Agreement. Page 22 of 427 IN WITNESS WHEREOF,the Aurora-South Metro Small Business Development Center and the City of Englewood,Colorado have executed this Agreement as of the day,month and year first above written. CITY OF ENGLEWOOD By Linda Olson,Mayor ATTEST: By Stephanie Carlile,City Clerk AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER By J Marcia McGil|ey SBDC Executive Director V’ ATTEST: B Leslie Epperson Administrative Specialist Page 23 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 21, 2019 SUBJECT: CB 43 - 2020 Budget Ordinance - Budget DESCRIPTION: CB 43 - 2020 Budget Ordinance - Budget RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 City of Englewood Budget PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • October 7, 2019 - First Reading of 2020 Budget Ordinance • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The Charter also requires under Article X, Part 1, Section 83, paragraph (f) "A balance between the total estimated expenditures and total anticipated revenue from all sources, taking into account the estimated general fund cash surplus or deficit at the end of the current fiscal year." The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process Page 24 of 427 leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. The 2020 Budget also plans for or anticipates a budget supplemental once additional information is received as follows: Storm Water Utility Enterprise Fund • A $3 million loan agreement (on an as-needed basis) between the General Fund Long- Term Asset Reserve and the Storm Drainage Fund (Ordinance No. 35, Series 2019) and repaid with the proceeds from a to be determined Storm Water Utility Enterprise Fund 2020 Revenue Bond Issue. • The Storm Drainage Fund 2020 Budget may be amended at a later date once more information is available for a 2020 rate increase to finance debt service for identified projects that may total up to $40 million dollars. • The Storm Drainage Fund 2020 Budget may be amended with an appropriation supplemental at a later date for the actual costs of authorized projects that will be financed through a to be determined 2020 Revenue Bond Issue. Sewer Utility Enterprise Fund • To clarify, the Beginning Funds Available Balance is not the same as the Fund Balance for the Sewer Utility Enterprise Fund. The Fund Balance is the difference between the Assets and Liabilities for the fund. The Funds Available Balance is the working capital as calculated by Current Assets less Current Liabilities plus current principal portion of the debt service. • The 2020 Budget Beginning Funds Available Balance represents the working capital of the fund as calculated by current assets less current liabilities plus the current portion of the debt service (as this amount is already reflected in the 2020 Expenditures/Uses of Funds. The Ending Funds Available Balance is determined by the Beginning Funds Available Balance plus the Revenues/Sources of Funds less the Expenditures/Uses of Funds. • The 7% rate increase or approximately $1 million in additional revenue is included in the 2020 Revenues/Sources of Funds. This rate increase will affect all customers (including the customers of the connector districts) of the Englewood Sewer Utility Collection System. • The Sewer Utility Enterprise Fund is in compliance with the debt service covenant requirements, including the ability to finance on average a $4 million dollar debt service amount in the Expenditures/Uses of Funds which impacts the calculation of the Ending Funds Available Balance. Page 25 of 427 FINANCIAL IMPLICATIONS: Please review the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2020 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #43 - 2020 Budget Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Page 26 of 427 1/8 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 43 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2020. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for fiscal year 2020 was duly submitted by the City Manager to the City Council on September 9, 2019; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 16, 2019. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied and discussed the budget on numerous occasions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the City of Englewood, Colorado, for fiscal year 2020, as submitted by the City Manager, duly considered by the City Council and with changes made by the City Manager to reflect Council discussion after public hearing, is adopted as the budget for the City of Englewood for the fiscal year 2020. [remainder of page intentionally left blank] Page 27 of 427 2/8 Section 2. GENERAL FUND 2020 BUDGET Total Fund B alance , J anuary 1 , 20 2 0 19,2 40,6 67$ REVENUES Sales/Use Tax 32,649,281$ P roperty and Specific Ownership Tax 5,129,000$ Franchise/Occupation/Cigarette/Hotel Tax 3,675,000$ Licenses/P ermits 1,461,943$ Intergovernmental Revenue 1,234,353$ Charges for Services 3,008,811$ Cultural & Recreation 2,714,142$ Fines & Forfeitures 707,100$ Interest 304,946$ Contribution from Component Units 1,643,000$ Other 435,099$ Total Revenues 52,962,675$ Other Financing Sources 127,014$ Total Sources of Funds 53,089,689$ EXP ENDITURES Legislation 334,808$ City Manager's Office 8,457,201$ City Attorney's Office 959,114$ Municipal Court 1,262,559$ Humman Resources 1,476,657$ Finance and Administrative Services 1,568,044$ Information Technology 3,439,345$ Community Development 2,842,103$ P ublic Works 7,169,062$ P olice 14,646,315$ P arks, Recration and Library Services 8,245,605$ Communications 694,073$ Contingencies 428,691$ Debt Service 1,566,112$ Total Expenditures 53,089,689$ Other Financing Uses -$ Total Uses of Funds 53,089,689$ Total Fund B alance , De ce mbe r 31 , 20 20 19,2 40,6 67$ Page 28 of 427 3/8 Section 3. SPECIAL REVENUE FUNDS Conservation Trust Fund Fund Balance, January 1, 2020 290,066$ Revenues 315,000$ Expenditures 318,000$ Fund Balance, December 1, 2020 287,066$ Donors Fund Fund Balance, January 1, 2020 652,209$ Revenues 74,085$ Expenditures 488,060$ Fund Balance, December 1, 2020 238,234$ P arks and Recreation Trust Fund Fund Balance, January 1, 2020 460,383$ Revenues 2,500$ Expenditures 20,000$ Fund Balance, December 1, 2020 442,883$ Malley Center Trust Fund Fund Balance, January 1, 2020 203,947$ Revenues 3,000$ Expenditures 35,000$ Fund Balance, December 1, 2020 171,947$ Open Space Fund Fund Balance, January 1, 2020 793,799$ Revenues 1,305,000$ Expenditures 860,150$ Fund Balance, December 1, 2020 1,238,649$ Page 29 of 427 4/8 Section 4. DEBT SERVICE FUNDS Recreation General Obligation Bonds Fund Balance, January 1, 2020 61,782$ Revenues 1,117,000$ Expenditures 1,116,800$ Fund Balance, December 1, 2020 61,982$ P olice HQ General Obligation Bonds Fund Balance, January 1, 2020 1,024,030$ Revenues 1,702,500$ Expenditures 2,218,513$ Fund Balance, December 1, 2020 508,017$ Page 30 of 427 5/8 Section 5. CAPITAL PROJECT FUNDS P ublic Improvement Fund Fund Balance, January 1, 2020 3,354,873$ Revenues 3,865,000$ Expenditures 6,041,695$ Transfers Out 827,014$ Fund Balance, December 1, 2020 351,164$ Capital P rojects Fund Fund Balance, January 1, 2020 1,063,456$ Revenues 5,000$ Expenditures 1,284,700$ Transfer In 700,000$ Fund Balance, December 1, 2020 483,756$ P olice HQ Construction Fund Fund Balance, January 1, 2020 2,275,000$ Revenues 65,000$ Expenditures 2,180,600$ Fund Balance, December 1, 2020 159,400$ Page 31 of 427 6/8 Section 6. ENTERPRISE FUNDS Water Fund Fund Balance, January 1, 2020 15,285,422$ Revenues 8,790,323$ Expenditures 12,095,507$ Fund Balance, December 1, 2020 11,980,238$ Sewer Fund Fund Balance, January 1, 2020 4,381,437$ Revenues 19,044,963$ Expenditures 22,422,835$ Fund Balance, December 1, 2020 1,003,565$ Storm Drainage Fund Fund Balance, January 1, 2020 530,178$ Revenues 682,514$ Expenditures 963,969$ Fund Balance, December 1, 2020 248,723$ Golf Course Fund Fund Balance, January 1, 2020 1,365,524$ Revenues 2,312,800$ Expenditures 2,278,064$ Fund Balance, December 1, 2020 1,400,260$ Concrete Utility Fund Fund Balance, January 1, 2020 820,486$ Revenues 872,600$ Expenditures 996,622$ Fund Balance, December 1, 2020 696,464$ Housing Rehabilitation Fund Fund Balance, January 1, 2020 670,376$ Revenues 142,200$ Expenditures 397,800$ Fund Balance, December 1, 2020 414,776$ Page 32 of 427 7/8 Section 7. INTERNAL SERVICE FUNDS Servicenter Fund Fund Balance, January 1, 2020 2,516,902$ Revenues 2,253,513$ Expenditures 2,279,204$ Fund Balance, December 1, 2020 2,491,211$ Capital Equipment Replacement Fund Fund Balance, January 1, 2020 2,724,598$ Revenues 844,962$ Expenditures 2,222,987$ Fund Balance, December 1, 2020 1,346,573$ Risk Management Fund Fund Balance, January 1, 2020 1,333,604$ Revenues 1,500,852$ Expenditures 1,469,704$ Fund Balance, December 1, 2020 1,364,752$ Employee Benefits Fund Fund Balance, January 1, 2020 485,483$ Revenues 7,043,208$ Expenditures 6,667,787$ Fund Balance, December 1, 2020 860,904$ Page 33 of 427 8/8 Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Read by Title and passed on final reading on the 21st day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 24th day of October, 2019. Published by title on the City’s official website beginning on the 23rd day of October, 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 34 of 427 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 35 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 21, 2019 SUBJECT: CB 42 - 2020 Budget Ordinance - Budget Appropriations DESCRIPTION: CB 42 - 2020 Budget Ordinance - Budget Appropriations RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 City of Englewood Budget Appropriations PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • October 7, 2019 - First Reading of the 2020 City of Englewood Budget Appropriations Ordinance • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The Charter also requires under Article X, Part 1, Section 83, paragraph (f) "A balance between the total estimated expenditures and total anticipated revenue from all sources, taking into account the estimated general fund cash surplus or deficit at the end of the current fiscal year." Page 36 of 427 The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. The 2020 Budget also plans for or anticipates a budget supplemental once additional information is received as follows: Storm Water Utility Enterprise Fund • A $3 million loan agreement (on an as-needed basis) between the General Fund Long- Term Asset Reserve and the Storm Drainage Fund (Ordinance No. 35, Series 2019) and repaid with the proceeds from a to be determined Storm Water Utility Enterprise Fund 2020 Revenue Bond Issue. • The Storm Drainage Fund 2020 Budget may be amended at a later date once more information is available for a 2020 rate increase to finance debt service for identified projects that may total up to $40 million dollars. • The Storm Drainage Fund 2020 Budget may be amended with an appropriation supplemental at a later date for the actual costs of authorized projects that will be financed through a to be determined 2020 Revenue Bond Issue. Sewer Utility Enterprise Fund • To clarify, the Beginning Funds Available Balance is not the same as the Fund Balance for the Sewer Utility Enterprise Fund. The Fund Balance is the difference between the Assets and Liabilities for the fund. The Funds Available Balance is the working capital as calculated by Current Assets less Current Liabilities plus current principal portion of the debt service. • The 2020 Budget Beginning Funds Available Balance represents the working capital of the fund as calculated by current assets less current liabilities plus the current portion of the debt service (as this amount is already reflected in the 2020 Expenditures/Uses of Funds. The Ending Funds Available Balance is determined by the Beginning Funds Available Balance plus the Revenues/Sources of Funds less the Expenditures/Uses of Funds. • The 7% rate increase or approximately $1 million in additional revenue is included in the 2020 Revenues/Sources of Funds. This rate increase will affect all customers (including the customers of the connector districts) of the Englewood Sewer Utility Collection System. • The Sewer Utility Enterprise Fund is in compliance with the debt service covenant requirements, including the ability to finance on average a $4 million dollar debt service amount in the Expenditures/Uses of Funds which impacts the calculation of the Ending Funds Available Balance. Page 37 of 427 FINANCIAL IMPLICATIONS: Please review the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #42 - 2020 Appropriation Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Page 38 of 427 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 42 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2020. WHEREAS, a public hearing on the Proposed 2020 Budget was held September 16, 2019; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at budget workshops held on August 5, August 12, August 19 and September 9; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January 1, 2020, and ending December 31, 2020, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows: [remainder of page intentionally left blank] Page 39 of 427 2 GENERAL FUND Legislation 334,808$ City Manager's Office 8,457,201$ City Attorney's Office 959,114$ Municipal Court 1,262,559$ Humman Resources 1,476,657$ Finance and Administrative Services 1,568,044$ Information Technology 3,439,345$ Community Development 2,842,103$ Public Works 7,169,062$ Police 14,646,315$ Parks, Recration and Library Services 8,245,605$ Communications 694,073$ Contingencies 428,691$ Debt Service 1,439,098$ Debt Service 127,014$ Other Financing Uses -$ Total General Fund 53,089,689$ CONSERVATION TRUST FUND Total Conservation Trust Fund 318,000$ DONORS FUND Total Donors Fund 488,060$ PARKS AND RECREATION TRUST FUND Total Parks and RecreationTrust Fund 20,000$ MALLEY CENTER TRUST FUND Total Malley Center Trust Fund 35,000$ OPEN SPACE FUND Total Open Space Fund 860,150$ Page 40 of 427 3 GENERAL OBLIGATION BOND FUND-RECREATION Total General Obligation Bond Fund 1,116,800$ GENERAL OBLIGATION BOND FUND-POLICE HEADQUARTERS Total General Obligation Bond Fund 2,218,513$ PUBLICE IMPROVEMENT FUND Total Public Improvement Fund 6,868,709$ CAPITAL PROJECTS FUND Total Capital Projects Fund 1,284,700$ POLICE HQ CONSTRUCTION FUND Total Police HQ Construction Fund 2,180,600$ WATER FUND Total Water Fund 12,095,507$ SEWER FUND Total Sewer Fund 22,422,835$ STORM DRAINAGE FUND Total Storm Drainage Fund 963,969$ GOLF COURSE FUND Total Golf Course Fund 2,278,064$ CONCRETE UTILITY FUND Total concrete Utility Fund 996,622$ HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund 397,800$ Page 41 of 427 4 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2020. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2019, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2020. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2019, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 2019, any surplus money in any of the respective funds, after all claims for 2019 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Read by Title and passed on final reading on the 21st day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 24th day of October, 2019. Published by title on the City’s official website beginning on the 23rd day of October, 2019 for thirty (30) days. SERVICENTER FUND Total Servicenter Fund 2,279,204$ CAPITAL EQUIPMENT REPLACEMENT FUND Total capital Equipment Replacement Fund 2,222,987$ RISK MANAGEMENT FUND Total Risk Management Fund 1,469,704$ EMPLOYEE BENEFITS FUND Total Employee Benefits Fund 6,667,787$ Page 42 of 427 5 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 43 of 427 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 44 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 21, 2019 SUBJECT: CB 46 - 2020 Budget Ordinance - SPWRP Budget DESCRIPTION: CB 46 - 2020 Budget Ordinance - SPWRP Budget RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 SPWRP Budget PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • October 7, 2019 - First Reading 2020 SPWRP Budget Ordinance • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The South Platte Water Renewal Partners (SPWRP) is a Joint Venture between the Cities of Littleton and Englewood. The Joint Venture does not have nor is it anticipated to ever have the power to assess an ad valorem tax on the property of the participating cities. This would remove it from the scope of the State of Colorado Budget Law. Each of the joint venture participants is a public entity and makes an appropriation of expenditures within their respective budget to cover their proportionate share of anticipated costs of construction and operations. The SPWRP 2020 Budget is provided administratively for the benefit of the Cities of Littleton and Englewood. Page 45 of 427 The 2020 SPWRP Budget was developed over the past several months with significant collaboration between the Supervisory Committee, Joint City Councils of Littleton and Englewood, and City staff. This year's budget process leveraged our collective capacity to deliver quality services, and reinvigorate existing infrastructure. ANALYSIS: For the 2020 SPWRP Budget, the estimated revenues/sources of funds totals $28,669,307 and the estimated expenditures/uses of funds totals $28,669,307. The City of Englewood's Sewer Fund includes its share of the 2020 SPWRP Budget as provided in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: 2020 SPWRP Budget: Beginning Funds Available $ 115,674 Revenues/Sources of Funds $28,669,307 Expenditures/Uses of Funds $28,669,307 Ending Funds Available $ 115,674 ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2020 SPWRP Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #46 - 2020 SPWRP Budget Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Page 46 of 427 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 46 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS FOR FISCAL YEAR 2020. WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission on September 9, 2019. The hearing was held at the meeting of City Council on September 16, 2019, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2020 was provided to the South Platte Water Renewal Partners Supervisory Committee at their meeting; held on August 29, 2019; WHEREAS, the City Council of the City of Englewood, as the administering authority for the South Platte Water Renewal Partners, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council of the City of Englewood to adopt the 2020 budget for the South Platte Water Renewal Partners as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the South Platte Water Renewal Partners for fiscal year 2020, as submitted by the South Platte Water Renewal Partners Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the South Platte Water Renewal Partners for the fiscal year 2020, as follows: South Platte Water Renewal Partners Fund Balance – January 1, 2020 $ 115,674 Revenues $ 28,669,307 Expenditures $ 28,669,307 Fund Balance – December 31, 2020 $ 115,674 Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Page 47 of 427 2 Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Read by Title and passed on final reading on the 21st day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 24th day of October, 2019. Published by title on the City’s official website beginning on the 23rd day of October, 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 48 of 427 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 49 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 21, 2019 SUBJECT: CB 45 - 2020 Budget Ordinances - SPWRP Appropriation DESCRIPTION: CB 45 - 2020 Budget Ordinances - SPWRP Appropriation RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 SPWRP Appropriation PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • October 7, 2019 - First Reading of the 2020 SPWRP Appropriation Ordinance • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The South Platte Water Renewal Partners (SPWRP) is a Joint Venture between the Cities of Littleton and Englewood. The Joint Venture does not have nor is it anticipated to ever have the power to assess an ad valorem tax on the property of the participating cities. This would remove it from the scope of the State of Colorado Budget Law. Each of the joint venture participants is a public entity and makes an appropriation of expenditures within their respective budget to cover their proportionate share of anticipated costs of construction and operations. The SPWRP 2020 Budget is provided administratively for the benefit of the Cities of Littleton and Englewood. Page 50 of 427 The 2020 SPWRP Budget was developed over the past several months with significant collaboration between the Supervisory Committee, Joint City Councils of Littleton and Englewood, and City staff. This year's budget process leveraged our collective capacity to deliver quality services, and reinvigorate existing infrastructure. ANALYSIS: For the 2020 SPWRP Budget, the estimated revenues/sources of funds totals $28,669,307 and the estimated expenditures/uses of funds totals $28,669,307. The City's Sewer Fund includes its share of the 2020 SPWRP Budget as provided in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: 2020 SPWRP Budget: Beginning Funds Available $ 115,674 Revenues/Sources of Funds $28,669,307 Expenditures/Uses of Funds $28,669,307 Ending Funds Available $ 115,674 ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill #45 - 2020 SPWRP Appropriation Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Page 51 of 427 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 45 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2020. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; WHEREAS, the City of Englewood operates the South Platte Water Renewal Partners’ facility under the control of the Supervisory Committee; WHEREAS, the South Platte Water Renewal Partners has its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee was provided the following as the 2020 appropriations at their meeting held on August 29, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That pursuant to the South Platte Water Renewal Partners agreement, there be and hereby is appropriated from the revenue derived from operation of the South Platte Water Renewal Partners in the City of Englewood, Colorado, and from all other sources of revenue in the South Platte Water Renewal Partners Fund including available fund balance during the year beginning January 1, 2020, and ending December 31, 2020, the amounts hereinafter set forth for the object and purpose specified as follows: Total South Platte Water Renewal Partners Fund $ 28,669,307 Page 52 of 427 2 Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Read by Title and passed on final reading on the 21st day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 24th day of October, 2019. Published by title on the City’s official website beginning on the 23rd day of October, 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 53 of 427 City of Englewood, Colorado 2020 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves General Fund 19,240,667 53,089,689 53,089,689 19,240,667 6,734,869 12,505,798 Special Revenue Funds Conservation Trust Fund 290,066 315,000 318,000 287,066 - 287,066 Donors Fund 652,209 74,085 488,060 238,234 - 238,234 Malley Center Trust Fund 203,947 3,000 35,000 171,947 - 171,947 Parks & Recreation Trust Fund 460,383 2,500 20,000 442,883 - 442,883 Open Space Fund 793,799 1,305,000 860,150 1,238,649 - 1,238,649 Total Special Revenue Funds 2,400,404 1,699,585 1,721,210 2,378,779 - 2,378,779 Debt Service Fund General Obligation Bond Fund 61,782 1,117,000 1,116,800 61,982 - 61,982 Police HQ GO Bond 1,024,030 1,702,500 2,218,513 508,017 - 508,017 Total Debt Service Fund 1,085,812 2,819,500 3,335,313 569,999 - 569,999 Capital Projects Funds Public Improvement Fund 3,354,873 3,865,000 6,868,709 351,164 - 351,164 Capital Projects Fund 1,063,456 705,000 1,284,700 483,756 - 483,756 Police HQ Construction Fund 2,275,000 65,000 2,180,600 159,400 - 159,400 Total Capital Projects Funds 6,693,329 4,635,000 10,334,009 994,320 - 994,320 Total Governmental Funds 29,420,212 62,243,774 68,480,221 23,183,765 6,734,869 16,448,896 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Reserves Estimated Ending Balance Net of Reserves Enterprise Funds Water Fund 15,285,422 8,790,323 12,095,507 11,980,238 - 11,980,238 Sewer Fund 4,381,437 19,044,963 22,422,835 1,003,565 - 1,003,565 Stormwater Drainage Fund 530,178 682,514 963,969 248,723 - 248,723 Golf Course Fund 1,365,524 2,312,800 2,278,064 1,400,260 - 1,400,260 Concrete Utility Fund 820,486 872,600 996,622 696,464 - 696,464 Housing Rehabilitation Fund 670,376 142,200 397,800 414,776 - 414,776 Total Enterprise Funds 23,053,423 31,845,400 39,154,797 15,744,026 - 15,744,026 Internal Service Funds Central Services Fund - - - - - - ServiCenter Fund 2,516,902 2,253,513 2,279,204 2,491,211 - 2,491,211 Capital Equipment Replacement Fund 2,724,598 844,962 2,222,987 1,346,573 - 1,346,573 Risk Management Fund 1,333,604 1,500,852 1,469,704 1,364,752 - 1,364,752 Employee Benefits Fund 485,483 7,043,208 6,667,787 860,904 - 860,904 Total Internal Service Funds 7,060,587 11,642,535 12,639,682 6,063,440 - 6,063,440 Total Proprietary Funds 30,114,010 43,487,935 51,794,479 21,807,466 - 21,807,466 Total All Funds 59,534,222 105,731,709 120,274,700 44,991,231 6,734,869 38,256,362 Page 54 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: October 21, 2019 SUBJECT: CB 44 - 2020 Budget Ordinances - Mill Levies DESCRIPTION: CB 44 - 2020 Budget Ordinances - Mill Levies RECOMMENDATION: Staff recommends City Council approve the proposed bills for the following ordinances: • 2020 Mill Levies (3) for the General Fund Operations (1) and the General Obligation Bonds Debt Service (2) PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities at Study Sessions, Workshops, and a Public Hearing held at a Regular Meeting to review the preliminary 2020 operating and capital budgets and to provide input to Staff: • October 7, 2019 - First Reading of 2020 Mill Levies Ordinance • September 23, 2019 - Proposed 2020 Budget Workshop to Finalize Changes • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2020 Budget was developed over the past several months with significant collaboration between the City Council, and City staff. This year's budget process leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains Page 55 of 427 our commitments through 2020. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2020 Budget is a balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2020 is $23,183,765. The estimated ending Proprietary Funds Available Balances for 2020 is $21,807,466. The City's Funds are detailed in the attached Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: 2020 Budget 2019 Mill Levy Collected in 2020 Fund Tax Mill Levy Estimated Amount General- Operations Property 5.880 $4,604,000 Debt Service- Recreation GO* Bonds Property 1.401 $1,100,000 Debt Service- Police Headquarters GO Bonds Property 2.157 $1,700,000 Totals 9.438 $7,404,000 *General Obligation (GO) The Arapahoe County property assessed valuation for 2019 is $788,249,739 as compared to $686,823,326 in 2018. This represents an increase of 15% in 2019 as compared to 2018. Please review the attached mill levy example for a residential property with a valuation of $400k and $100k. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: CB 44 - Property Tax Table 1 - 2020 Consolidated Budget Summary Sources and Uses by Fund Mill Levy Example of a $400k and $100k Residence Page 56 of 427 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 44 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2019, due and payable as required by statute in the year 2020, a tax of 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, 1.401 mills on the dollar for the Recreation General Obligation Bond Debt Service Fund and 2.157 mills on the dollar for the Englewood Police Headquarters General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019 for thirty (30) days. Read by Title and passed on final reading on the 21st day of October, 2019. Page 57 of 427 2 Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 24th day of October, 2019. Published by title on the City’s official website beginning on the 23rd day of October, 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 58 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: October 21, 2019 SUBJECT: CB 41 - An Ordinance pertaining to the Englewood Local Liquor and Marijuana Licensing Authority DESCRIPTION: CB 41 - An Ordinance pertaining to the Englewood Local Liquor and Marijuana Licensing Authority RECOMMENDATION: Staff recommends Council approve the attached Bill for an Ordinance #41 regarding corrections and updates to municipal code references to the Englewood Local Liquor and Marijuana Licensing Authority. PREVIOUS COUNCIL ACTION: On November 6, 2017, the City Council passed Ordinance 65, Series of 2017, updating those provisions of the Englewood Municipal Code regarding the Englewood Loc al Liquor and Marijuana Licensing Authority. On December 6, 2018, the City Council passed Ordinance 36, Series of 2018, updating those provisions of the Englewood Municipal Code that referenced citations to the Colorado Revised Statutes in association with marijuana licensing. On January 7, 2019, the City Council passed Ordinance 4, Series 2018/2019, providing for retail cultivation of marijuana, including a reference to the authority of the Englewood Local Liquor and Marijuana Licensing Authority. On August 19, 2019, the City Council passed Ordinance 36, Series of 2019, pertaining to Special Event, Alcohol Tasting, and Arts License Permits, necessitating updates to references to the Local Liquor and Marijuana Licensing Authority. SUMMARY: Due to the numerous updates to the various provisions of the Englewood Municipal Code regarding marijuana and alcohol throughout 2018 and 2019, some of the updates approved in Ordinance 65, Series of 2017 were not incorporated into later ordinances (scrivener's error), and references to the Local Liquor and Marijuana Licensing Authority required updates. ANALYSIS: Council Bill #41 incorporates the necessary updates, and makes the corrections, for the Englewood Municipal Code. Page 59 of 427 CONCLUSION: This ordinance will update the code as required. ATTACHMENTS: Council Bill #41 Ordinance 65, Series of 2017. Page 60 of 427 1 BY AUTHORITY ORDINANCE NO. __ COUNCIL BILL NO. 41 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AMENDING TITLE 2, SECTION 2-6-1, AND TITLE 5, SECTIONS 5-3-1, 5-3A-3, 5-3D-2, 5-3D-3, 5-3E-2 AND 5-3E-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000 ALL PERTAINING TO THE ENGLEWOOD LOCAL LIQUOR AND MARIJUANA LICENSING AUTHORITY. WHEREAS, the City of Englewood passed Ordinance 65, Series of 2017, on November 6, 2017, clarifying the duties and authority of the Englewood Local Liquor and Marijuana Licensing Authority; WHEREAS, the City of Englewood passed Ordinance 36, Series of 2019, on August 19, 2019, pertaining to Special Event, Alcohol Tasting, and Arts License Permits, necessitating updates to references to the Local Liquor and Marijuana Licensing Authority; WHEREAS, provisions clarifying the duties and authority of the hearing officer were inadvertently substituted with the previous provisions when those same sections of the Code were updated to reflect statutory revisions through approval of Ordinance 36, Series of 2018, and Ordinance 4, Series of 2019; and WHEREAS, it is appropriate to update the Englewood Municipal Code to bring conformity to the Code as written and correct the scrivener’s error. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2 of the Englewood Municipal Code 2000 as follows: Amending Title 2, Section 2-6-1 of the Englewood Municipal Code Chapter 6 – ENGLEWOOD LOCAL LIQUOR, MEDICAL MARIJUANA, AND RETAIL MARIJUANA LICENSING AUTHORITY 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for Page 61 of 427 2 cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. A. Englewood Local Liquor and Marijuana Licensing Authority. 1. Establishment. There is hereby established an Englewood Local Liquor and Marijuana Licensing Authority (“Local Licensing Authority” or “Authority”), which is vested with the authority to grant or deny permits and licenses, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018, and as otherwise granted to it in Title 5, Chapter 3, Article A. 2. Hearing Officer. The Local Licensing Authority shall consist of a sole Hearing Officer who shall be selected following a standard Request for Qualifications process, and in conformance with the Purchasing Policies & Procedures of the City, and shall serve at the pleasure of the City Council. The Hearing Officer shall be annually appointed/reappointed by the City Council by resolution and may be removed with or without cause by a majority vote of the City Council. The City Council shall establish compensation for the Hearing Officer. The City Council may, in its discretion, appoint an alternate Hearing Officer who may serve when the appointed Hearing Officer is unavailable or has a conflict with a pending matter. The term "Hearing Officer" shall be synonymous with "Local Licensing Authority" as used throughout this section 3. Qualifications of Hearing Officer. The Hearing Officer shall be an individual licensed to practice law in the State of Colorado, with sufficient knowledge and expertise to apply and enforce the Colorado Beer Code (C.R.S. 12-46-101, et seq.), Colorado Liquor Code (C.R.S. 12-47-101, et seq.), Special Events Code (C.R.S. 12-48-101, et seq.), Medical Marijuana Code (C.R.S. 12-43.3-101, et seq.), Retail Marijuana Code (C.R.S. 12-12-101, et seq.), and the equivalent sections of the Englewood Municipal Code regulating the licensing of liquor or marijuana establishments in the City of Englewood, Colorado. The Hearing Officer shall not hold any other City of Englewood office, appointment or position. The Hearing Officer shall not have any financial interest in the operation of any business located or operating in the City of Englewood holding a license pursuant to any of the Codes listed within this paragraph. 4. Rules of procedure; conduct of hearings. In conformance with applicable statutes and the Englewood Municipal Code, the Hearing Officer serving as the Local Licensing Authority shall have the power to decide matters brought before it following a public hearing. Public hearings shall be held in accordance with the procedural rules and regulations for hearings as set forth in Title 1, Chapter 10, and/or as adopted by the Local Licensing Authority. The Authority may also adopt rules of procedure and regulations concerning the application and renewal processes. All hearings before the Local Licensing Authority shall be public. 5. Meetings. The Local Licensing Authority shall hold a regular meeting once each calendar month, unless there is no business to conduct. The Local Licensing Authority may call Page 62 of 427 3 special meetings after consultation with the City Clerk or the City Clerk's designee. Notification of the public of such special meetings shall be completed in the same manner as the regular meetings of the Authority. The purpose of meetings shall be to conduct public hearings regarding licensure in conformance with applicable provisions of the Englewood Municipal Code. 6. Subpoena power and violations. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations and other evidence at any hearing before the authority. A subpoena shall be served in the same manner as a subpoena issued by the municipal court of the City, in accordance with 1-10-3 of the EMC. It shall be unlawful for any person to fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the authority. The municipal court shall enforce the subpoenas of the Authority and, upon good cause shown, shall enter orders compelling witnesses to attend and testify or produce documents, data compilations or other evidence, and shall impose penalties or punishment for contempt in case of failure to comply with such orders. 7. Investigators. Such person or persons as the City Manager shall designate shall serve as investigators or perform investigative duties on behalf of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 11 and 12 12 of Title 44 44 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana—Infused Products Manufacturer License; 4. A Retail Marijuana Store License; 5. A Retail Marijuana Cultivation Facility License. B. The Local Licensing Authority is vested with the authority to grant or deny licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5 of Title 44, C.R.S. C. The Local Licensing Authority is vested with the authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 11 and 12 of Title 44, C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; Page 63 of 427 4 3. A Medical Marijuana-Infused Products Manufacturer License; 4. A Retail Marijuana Store License. 5. A Retail Marijuana Cultivation Facility License. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5 of the Englewood Municipal Code 2000 as follows: Amending Title 5, Section 5-3-1 of the Englewood Municipal Code 5-3-1: Definitions. As used in this chapter, the following words and phrases shall have the following meanings: Beer: See Fermented Malt Beverages, herein. Director: The Director of Finance. Official designated to issue a license following approval by the Local Licensing Authority. Fermented Malt Beverages: Beer and any other beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product, or any combination thereof, in water containing not less than one-half (½) of one percent (1%) alcohol by volume as prescribed by C.R.S., §§ 44-3-103(18) and 44-4-103. Intoxicating Liquor: Liberally construed to include intoxicating liquors of every kind and character which now are in use or which in the future may come into use as a beverage, no matter by what name they may be known or called, and no matter how small the percentage of alcohol they may contain and no matter what other ingredients may be used in them. Malt liquors: Includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar products or any combination thereof, in water containing not less than one-half (½) of one percent (1%) alcohol by volume, all in conformance with C.R.S. § 44-3-103(30). Medicinal Liquors: Any liquor sold by a duly licensed pharmacist or drug store solely on bona fide doctor's prescription. Medicinal Spirituous Liquors: Any alcohol beverage excepting beer and wine that has been aged in wood for four (4) years and bonded by the United States Government and is at least one hundred (100) proof. Operator: A person licensed by law to sell malt, vinous or spirituous liquors, other than medicinal liquors, for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the City. Spirituous Liquors: Any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half (½) of one percent (1%) alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as defined, including malt Page 64 of 427 5 liquors and vinous liquors, and shall not be construed to be fermented malt or malt or vinous liquors, but shall be construed to be spirituous liquor. Vinous Liquors: Includes wine and fortified wines that contain not less than one-half (½) of one percent (1%) alcohol by volume but not exceeding twenty-one percent (21%) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural product containing sugar. Amending Title 5, Section 5-3A-3 of the Englewood Municipal Code 5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority. A. Vesting of Authority. The Englewood Local Liquor and Marijuana Licensing Authority ("Local Licensing Authority" or "Authority"), is vested with the authority to grant or refuse permits and licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018. B. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: 1. Processing and issuance of special events permits pursuant to Article 5 of Title 44, C.R.S. 2018, provided that there are no parties filing a written objection to said permit. 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. 3. Changes in shareholders, officers, directors or trade names of a licensee, or registration and/or changes in on-site manager, provided that any investigation conducted by the City does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. 4. The issuance of temporary permits pursuant to and in compliance with the provisions of C.R.S. § 44-3-302, and C.R.S. § 44-3-303. A temporary permit fee shall be charged in conjunction with the issuance of each temporary permit. 5. Request to change, alter or modify the premises as set forth in E.M.C. 5-3A-8. 6. Tasting pPermits issued in accordance with C.R.S. § 44-3-301(10) and applicable provisions of the Englewood Municipal Code, including E.M.C. 5-3A-9. 7. Transfer of ownership. The City Clerk may refer any licensing decision authorized under this section to the Local Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local Licensing Authority. C. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are Page 65 of 427 6 required by law and this Code. The City Clerk shall serve as the official secretary of the Local Licensing Authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the Local Licensing Authority. The City Clerk or designee shall attend the meetings of the Local Licensing Authority. All public notice shall be made by publication on the City's official website, or in a newspaper designated by City Council as the City's official newspaper. All signs required to be posted by the Colorado Liquor Code, shall be made by the City Clerk. Amending Title 5, Section 5-3D-2 of the Englewood Municipal Code 5-3D-2: - Powers and Duties of the Local Licensing Authority. A. Vesting of Authority. The Local Licensing Authority, as established in E.M.C. 2-6-1, shall grant or deny local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana as provided by law; suspend, fine, restrict, or revoke such licenses upon a violation of this Title, or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. Rules and Determinations. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the enforcement of this Chapter. C. Compliance with C.R.S. 12-43.344-11. The Local Licensing Authority hereby adopts shall comply with and conform to the minimum licensing requirements of Article 11 of Title 44 C.R.S. when issuing a License. D. Additional licensing standards. In addition to all other standards applicable to the issuance of licenses under this Code, the Local Licensing Authority hereby adopts shall comply with and conform to the following additional standards for the issuance of Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation Operation, or Medical Marijuana-Infused Products Manufacturer Licenses consistent with the intent of Article 11 of Title 44 C.R.S. and this Code, including as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued; shall be as follows: (a) If the building in which Medical Marijuana is to be cultivated, manufactured or sold is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana Center, Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed Page 66 of 427 7 premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, cultivated or infused, using a route of direct pedestrian access. (c) After April 20, 2015, Medical Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises shall be as follows: (a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. (b) Restrictions on the size of licensed Medical Marijuana premises shall be reasonable based upon the specific location, site, and premises. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License, including the following: (a) Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. Amending Title 5, Section 5-3D-3 of the Englewood Municipal Code. 5-3D-3: Definitions. Any word or term used that is defined in Article XVIII, Section 14 (1)(f) of the Colorado Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 44-11- 101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in those Constitutional provisions or C.R.S. sections unless the definition is amended by this section. Direct Measurement: means a straight line from the nearest property line of the school or campus to the nearest portion of the building used for medical marijuana. Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance means: Page 67 of 427 8 1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 11 of Title 44 C.R.S., and rules promulgated pursuant to this Title, or any supplemental local law, rules, or regulations; 2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State or Local Licensing Authority; 3. The licensed premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of drug-related criminal conduct within the premises or in the immediate area. c. A continuing pattern of criminal conduct directly related to or arising from the facility. 4. The licensed premises will impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. Hearing Officer: means the individual who has been identified as the Englewood Local Liquor and Marijuana Licensing Authority and given the authority to grant, deny or revoke a liquor or marijuana license. Hearing Officer carries the same definition as that in 2-6-1(A)(2) of the Englewood Municipal Code. License: means to grant a license or registration pursuant to this Title. Licensed Premises: means the premises specified in an application for a license under this Title, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions of Article 11 of Title 44 C.R.S. Licensee: means a person licensed or registered pursuant to Article 11 of Title 44 C.R.S. and this Title. Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana Licensing Authority as established in E.M.C. 2-6-1. Local Licensing Official: means the Director of Finance and Administrative Services or designee, Official designated to issue a license following approval by the Local Licensing Authority. Location: means a particular parcel of land that may be identified by an address or other descriptive means. Medical Marijuana: means Marijuana that is grown and/or sold pursuant to the provisions of § 106 of Article 1.5 of Title 44 C.R.S.; Article 11 of Title 44 C.R.S. and for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Medical Marijuana Center: means a person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Marijuana to Page 68 of 427 9 registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana-Infused Product: means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed Medical Marijuana Center or a Medical Marijuana-Infused Product Manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S. Medical Marijuana-Infused Product Manufacturer: A person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. Medical Marijuana Optional Premises Cultivation Operation: means the premises specified in an application for a Medical Marijuana Center License with related growing facilities in Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Patient: a person who meets the definition of patient under Article XVIII, Section 14 (1)(d) of the Colorado Constitution and applicable law or regulation. Person: means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. Primary Care-Giver: In addition to the definitions set forth in Section 14(1) (f) of Article XVIII of the State Constitution, as used in Article 11 of Title 44 C.R.S., unless the context otherwise requires, "Primary Care-Giver" means a natural person, or as may be more fully defined in any applicable Federal or State law or regulation. School: means a public or private preschool or a public or private elementary, middle, junior high, or high school, college or campus of a college. Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or Medical Marijuana as defined by Article 11 of Title 44 C.R.S. State Licensing Authority: means the Authority created for the purpose of regulating and controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana in this State, pursuant to Article 11 of Title 44 C.R.S. Amending Title 5, Section 5-3E-2 of the Englewood Municipal Code. 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority as established in E.M.C. 2-6-1 shall grant or deny local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant Page 69 of 427 10 to this Chapter; and may impose any penalty authorized by this Chapter or any rule promulgated pursuant to this Chapter, the Local Licensing Authority may take action with respect to a License pursuant to this Title, and all in accordance with the authority and procedures established pursuant to this Chapter and in Title E.M.C. 2-6-1. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts shall comply with the minimum licensing requirements of Article 12 of Title 44 C.R.S. to apply to in association with the issuance of a Retail Marijuana Store License. D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this Chapter. The Local Licensing Authority is authorized to administratively approve any License application under this Chapter so long as the conditions set forth in the Chapter are met and the applicant has paid the operating fee and any other fees required by this Chapter. E. Prior to January 1, 2019, the Local Licensing authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under 5-3D-1 et. seq. of the Englewood Municipal Code 2000. Amending Title 5, Section 5-3E-3 of the Englewood Municipal Code. 5-3E-3: Definitions. Any word or term used that is defined in any of the following provisions shall have the same meaning that is ascribed to such word or term as used in the following provisions: Article XVIII, Section 16(2) of the Colorado Constitution; the Colorado Retail Marijuana Code, C.R.S. § 44-12- 101, et seq.; Article XVIII, Section 14(1)(b-j) of the Colorado Constitution; or the Colorado Medical Marijuana Code, C.R.S. § 44-11-101, et seq. Colorado Medical Marijuana Code: Article 11 of Title 44 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto. Colorado Retail Marijuana Code: Article 12 of Title 44 of the Colorado Revised Statues, as amended, and any regulations promulgated thereto. Direct Measurement: A straight line from the nearest property line of the school or campus to the nearest portion of the building used for Retail Marijuana. Good Cause: For purposes of refusing or denying a License renewal, reinstatement, or initial License issuance means: 1. The Licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 12 of Title 44 C.R.S., and rules promulgated pursuant to the CRMC, or any supplemental local law, rules, or regulations; Page 70 of 427 11 2. The Licensee or applicant has failed to comply with any special terms or conditions that were placed on its License pursuant to an order of the State of Local Licensing Authority; 3. The Licensed Premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of criminal conduct under state or local law directly related to or arising from the Licensed Premises. License: A license or registration granted pursuant to this chapter. Licensed Premises: The premises specified in an application for a License under this chapter, which are owned or in possession of the Licensee and within which the Licensee is authorized to distribute, or sell Retail Marijuana in accordance with the provisions of the Colorado Retail Marijuana Code. Licensee: A person licensed or registered pursuant to the Colorado Retail Marijuana Code and this chapter. Local Licensing Authority: The Englewood Local Liquor and Marijuana Licensing Authority. Local Licensing Official: The Director of Finance and Administrative Services or designee. Official designated to issue a license following approval by the Local Licensing Authority. Location: A particular parcel of land that may be identified by an address or other descriptive means. Multi-Tenant Building: A building that is or can be occupied by more than one (1) tenant. Person: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: A distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. School: A public or private preschool or a public or private elementary, middle, junior high, or high school, college or principal campus of a college. State Licensing Authority: The Authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail Marijuana in the State, pursuant to Article 12 of Title 44 C.R.S. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth within specific Titles, Chapters, or Sections of the Englewood Municipal Code, such Title 1, Page 71 of 427 12 Chapter 2 including provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. 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 7th day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of October, 2019. Read by Title and passed on final reading on the 21st day of October, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 24th day of October, 2019. Published by title on the City’s official website beginning on the 23rd day of October, 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 72 of 427 13 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 73 of 427 1 BY AUTHORITY ORDINANCE NO. 65 COUNCIL BILL NO. 67 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 1, AND TITLE 5, SECTIONS 5-3A-2, 5-3A-3, 5-3D-2, 5-3D-3, AND 5-3E-2 OF THE ENGLEWOOD MUNICIPAL CODE 2000 ALL PERTAINING TO THE ENGLEWOOD LOCAL LIQUOR AND MARIJUANA LICENSING AUTHORITY. WHEREAS, Amendment to the Colorado Constitution and subsequent legislation resulted in the City of Englewood approving a method for licensure of Medical Marijuana under the City’s previously established local licensing authority; WHEREAS, Approval by the electors of the City of Englewood of the licensure of Retail Marijuana resulted in the City of Englewood approving a method for licensure of Retail Marijuana under the City’s previously established local licensing authority; WHEREAS, Licensure of all types of Alcoholic Beverage, Medical Marijuana, and Retail Marijuana has, over time, become vested in the City’s local licensing authority; WHEREAS, It has become necessary to establish consistency in terminology across all sections of the Englewood Municipal Code utilizing the local licensing authority, and to designate such authority as the Englewood Liquor and Marijuana Licensing Authority; and WHEREAS, The complexity of application of State rules and regulations associated with alcoholic beverage licensing and marijuana licensing necessitates changing the Local Liquor and Marijuana Licensing Authority to a position held by a Hearing Officer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2 of the Englewood Municipal Code 2000 as follows: Page 74 of 427 2 Amending Title 2, Section 2-6-1 of the Englewood Municipal Code Chapter 6 – ENGLEWOOD LOCAL LIQUOR, MEDICAL MARIJUANA, AND RETAIL MARIJUANA LICENSING AUTHORITY 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. 1973. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. A. Englewood Local Liquor and Marijuana Licensing Authority. 1. Establishment. There is hereby established an Englewood Local Liquor and Marijuana Licensing Authority (“Local Licensing Authority” or “Authority”), which is vested with the authority to grant or refuse permits and licenses, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 43.3, 43.4, 46, 47 and 48 of Title 12, C.R.S., and as otherwise granted to it in this Title 5. 2. Hearing Officer. The Local Licensing Authority shall consist of a sole Hearing Officer who shall be selected following a standard rfq process, and in conformance with the Purchasing Policies & Procedures of the City, and shall serve at the pleasure of the City Council. The Hearing Officer shall be annually appointed/reappointed by the City Council by resolution and may be removed with or without cause by a majority vote of the City Council. The City Council shall establish compensation for the Hearing Officer. The City Council may, in its discretion, appoint an alternate Hearing Officer who may serve when the appointed Hearing Officer is unavailable or has a conflict with a pending matter. The term "Hearing Officer" shall be synonymous with "Local Licensing Authority" as used throughout this section 3. Qualifications of Hearing Officer. The Hearing Officer shall be an individual licensed to practice law in the State of Colorado, with sufficient knowledge and expertise to apply and enforce the Colorado Beer Code (C.R.S. 12-46-101, et seq.), Colorado Liquor Code (C.R.S. 12-47-101, et seq.), Special Events Code (C.R.S. 12-48-101, et seq.), Medical Marijuana Code (C.R.S. 12-43.3-101, et seq.), Retail Marijuana Code (C.R.S. 12-43.4-101, et seq.), and the equivalent sections of the Englewood Municipal Code regulating the licensing of liquor or marijuana establishments in the City of Englewood, Colorado. The Hearing Officer shall not hold any other City of Englewood office, appointment or position. The Hearing Officer shall not have any financial interest in the operation of any business located or operating in the City of Englewood holding a license pursuant to any of the Codes listed within this paragraph. Page 75 of 427 3 4. Rules of procedure; conduct of hearings. In conformance with applicable statutes and the Englewood Municipal Code, the Hearing Officer serving as the Local Licensing Authority shall have the power to decide matters brought before it following a public hearing. Public hearings shall be held in in accordance with the procedural rules and regulations for hearings as set forth in Title 1, Chapter 10, and/or as adopted by the Local Licensing Authority. The Authority may also adopt rules of procedure and regulations concerning the application and renewal processes. All hearings before the Local Licensing Authority shall be public. 5. Meetings. The Local Licensing Authority shall hold a regular meeting once each calendar month, unless there is no business to conduct. The Local Licensing Authority may call special meetings after consultation with the City Clerk or the City Clerk's designee. Notification of the public of such special meetings shall be completed in the same manner as the regular meetings of the Authority. The purpose of meetings shall be to conduct public hearings regarding licensure in conformance with applicable provisions of the Englewood Municipal Code. 6. Subpoena power and violations. The Local Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of documents, data compilations and other evidence at any hearing before the authority. A subpoena shall be served in the same manner as a subpoena issued by the municipal court of the City, in accordance with 1-10-3 of the EMC. It shall be unlawful for any person to fail to comply with any subpoena or order to produce documents, data compilations or other evidence issued by the authority. The municipal court shall enforce the subpoenas of the Authority and, upon good cause shown, shall enter orders compelling witnesses to attend and testify or produce documents, data compilations or other evidence, and shall impose penalties or punishment for contempt in case of failure to comply with such orders. 7. Investigators. Such person or persons as the City Manager shall designate shall serve as investigators or perform investigative duties on behalf of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 of Title 12 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana-Infused Products Manufacturer License. B. The Local Licensing Authority is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. Page 76 of 427 4 C. The Local Licensing Authority is vested with the authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 and 43.4 of Title 12 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana-Infused Products Manufacturer License; 4. A Retail Marijuana Store License. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5 of the Englewood Municipal Code 2000 as follows: Amending Title 5, Section 5-3A-2 of the Englewood Municipal Code 5-3A-2: Definitions. Certain terms and expressions used herein shall have the following meanings. All other words and phrases used in this article shall have the meanings attached by the Colorado Statutes regulating the sale of liquor and fermented malt beverages, or if not otherwise defined by law, are used in their common, ordinary and accepted sense and meaning. Applicant: A. If aAn individual, that person making an application for a license under this Code; B. If a partnership, All partners of a partnership which is making application for a license under this Code; or C. If a corporation, Any officer, director, manager or any stockholder therein of a corporation making application for a license under this Code. Authority or Local Licensing Authority: The local licensing authority of the City Englewood Local Liquor and Marijuana Licensing Authority. Investigator: The licensing investigator as set forth in Section 5-3A-3G of this article Section 2-6-1(A)(7) of the Englewood Municipal Code. Manager: That person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants or the establishments governed by this Article. Amending Title 5, Section 5-3A-3 of the Englewood Municipal Code 5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority Established. A. Establishment. Vesting of Authority. There is hereby established an Englewood Local Liquor and Marijuana Licensing Authority (“Local Licensing Authority” or “Authority”), which is vested with the authority to grant or refuse permits and licenses for the sale at retail of malt, Page 77 of 427 5 vinous or spirituous liquors and fermented malt beverages, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 46, 47 and 48 of Title 12, C.R.S. 1973. B. Said authority shall consist of five (5) qualified electors of the City who shall be appointed by the City Council. Of those initially appointed, two (2) shall be for a term of three (3) years, two (2) for a term of two (2) years, and one (1) for a one year term. Thereafter, appointments hall be for a three-year term. No person shall serve as a member of the Local Licensing Authority who shall have any interest in the operation of a liquor establishment or in one serving fermented malt beverages or who has a member of his or her immediate family who has such an interest. C. Any member of the Licensing Authority may be removed with or without cause by five (5) concurring votes of the City Council. Any vacancy occurring on the Licensing Authority shall be filled for the unexpired term by the City Council. D. The authority shall annually elect a chairman from its number who shall preside over all hearings and proceedings of the authority. The chairman may designate a member of the authority to assume his duties in his absence. A quorum shall consist of three (3) members, and a decision of a majority of the members of the authority shall control. Any absent member may join in a decision of the authority after he has considered the evidence adduced in any hearings conducted during his absence. All decisions are final, subject only to appeal to a court of competent jurisdiction. E. Members of the authority shall serve without compensation, but shall be reimbursed for any necessary expenditures incurred in the performance of their duties. F. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the authority, upon receipt of such license fees and taxes as are required by law and this Code. The City Clerk shall serve as the official secretary of the authority and shall designate a person or persons to provide the necessary secretarial and report services for the authority. The City Clerk or designee shall attend the meetings of the authority. All public notice shall be made by publication on the City’s official website, or in a newspaper designated by City Council as the City’s official newspaper and by the posting of signs, as required by the Colorado Liquor Code, shall be made by the City Clerk. G. Such person or persons as the City Manager shall designate shall serve as investigators or perform investigative duties on behalf of the Local Licensing Authority. B. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: 1. Processing and issuance of special events permits pursuant to Article 48 of Title 12, C.R.S., provided that there are no parties filing a written objection to said permit. Page 78 of 427 6 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. 3. Changes in shareholders, officers, directors or trade names of a licensee, or registration and/or changes in on-site manager, provided that any investigation conducted by the City does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. 4. The issuance of temporary permits pursuant to and in compliance with the provisions of C.R.S. 12-47-302, and C.R.S. 12-47-303. A temporary permit fee shall be charged in conjunction with the issuance of each temporary permit. 5. Request to Change, Alter or Modify the Premises as set forth in E.M.C. 5-3A- 8. 6. Tasting permits issued in accordance with C.R.S. 12-47-301(10) and applicable provisions of the Englewood Municipal Code. 7. Transfer of ownership. The City Clerk may refer any licensing decision authorized under this section to the Local Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local Licensing Authority. C. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are required by law and this Code. The City Clerk shall serve as the official secretary of the Local Licensing Authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the Local Licensing Authority. The City Clerk or designee shall attend the meetings of the Local Licensing Authority. All public notice shall be made by publication on the City's official website, or in a newspaper designated by City Council as the City's official newspaper. All signs required to be posted by the Colorado Liquor Code, shall be made by the City Clerk. Amending Title 5, Section 5-3D-2 of the Englewood Municipal Code 5-3D-2: - Powers and Duties of the Local Licensing Authority. A. Vesting of Authority. The Local Licensing Authority, as established in E.M.C. 2-6-1, shall grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana as provided by law; suspend, fine, restrict, or revoke such licenses upon a violation of this Title, or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. Rules and Determinations. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of Page 79 of 427 7 the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the enforcement of this Chapter. C. Compliance with C.R.S. 12-43.3. The Local Licensing Authority hereby adopts shall comply with and conform to the minimum licensing requirements of Article 43.3 of Title 12 C.R.S. when issuing a License. D. Additional licensing standards. In addition to all other standards applicable to the issuance of licenses under this Code, the Local Licensing Authority hereby adopts shall comply with and conform to the following additional standards for the issuance of Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation Operation, or Medical Marijuana-Infused Products Manufacturer Licenses consistent with the intent of Article 43.3 of Title 12 C.R.S. and this Code, including as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued; shall be as follows: (a) If the building in which Medical Marijuana is to be cultivated, manufactured or sold is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana Center, Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, cultivated or infused, using a route of direct pedestrian access. (c) After April 20, 2015, Medical Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises shall be as follows: (a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. Page 80 of 427 8 (b) Restrictions on the size of licensed Medical Marijuana premises shall be reasonable based upon the specific location, site, and premises. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License, including the following: (a) Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. Amending Title 5, Section 5-3D-3 of the Englewood Municipal Code 5-3D-3: Definitions. Any word or term used that is defined in Article XVIII, Section 14 (1)(f) of the Colorado Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 12- 43.3-101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in those Constitutional provisions or C.R.S. sections unless the definition is amended by this section. Direct Measurement: means a straight line from the nearest property line of the school or campus to the nearest portion of the building used for medical marijuana. Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance means: 1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 43.3 of Title 12 C.R.S., and rules promulgated pursuant to this Title, or any supplemental local law, rules, or regulations; 2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State or Local Licensing Authority; 3. The licensed premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of drug-related criminal conduct within the premises or in the immediate area. c. A continuing pattern of criminal conduct directly related to or arising from the facility. 4. The licensed premises will impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. Hearing Officer: means the individual who has been identified as the Englewood Local Liquor and Marijuana Licensing Authority and given the authority to grant, deny or revoke a liquor or marijuana license. Hearing Officer carries the same definition as that in 2-6-1(A)(2) of the Englewood Municipal Code. License: means to grant a license or registration pursuant to this Title. Page 81 of 427 9 Licensed Premises: means the premises specified in an application for a license under this Title, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions of Article 43.3 of Title 12 C.R.S. Licensee: means a person licensed or registered pursuant to Article 43.3 of Title 12 C.R.S. and this Title. Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana Licensing Authority as established in E.M.C. 2-6-1. Local Licensing Official: means the Director of Finance and Administrative Services or designee, official designated to issue a license following approval by the Local Licensing Authority. Location: means a particular parcel of land that may be identified by an address or other descriptive means. Medical Marijuana: means Marijuana that is grown and/or sold pursuant to the provisions of § 106 of Article 1.5 of Title 12 C.R.S.; Article 43.3 of Title 12 C.R.S. and for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Medical Marijuana Center: means a person licensed pursuant to Article 43.3 of Title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C.R.S. that sells Medical Marijuana to registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana-Infused Product: means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed Medical Marijuana Center or a Medical Marijuana-Infused Product Manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S. Medical Marijuana-Infused Product Manufacturer: A person licensed pursuant to Article 43.3 of Title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C.R.S. Medical Marijuana Optional Premises Cultivation Operation: means the premises specified in an application for a Medical Marijuana Center License with related growing facilities in Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Patient: a person who meets the definition of patient under Article XVIII, Section 14 (1)(d) of the Colorado Constitution and applicable law or regulation. Person: means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. Page 82 of 427 10 Primary Care-Giver: In addition to the definitions set forth in Section 14(1) (f) of Article XVIII of the State Constitution, as used in Article 43.3 of Title 12 C.R.S., unless the context otherwise requires, "Primary Care-Giver" means a natural person, or as may be more fully defined in any applicable Federal or State law or regulation. School: means a public or private preschool or a public or private elementary, middle, junior high, or high school, college or campus of a college. Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or Medical Marijuana as defined by Article 43.3 of Title 12 C.R.S. State Licensing Authority: means the Authority created for the purpose of regulating and controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana in this State, pursuant to Article 43.3 of Title 12 C.R.S. Amending Title 5, Section 5-3E-2 of the Englewood Municipal Code 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority as established in E.M.C. 2-6-1 shall grant or refuse local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant to this Chapter; and may impose any penalty authorized by this Chapter or any rule promulgated pursuant to this Chapter, the Local Licensing Authority may take action with respect to a License pursuant to this Title, and all in accordance with the authority and procedures established pursuant to this Chapter and in Title E.M.C. 2-6-1. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts shall comply with the minimum licensing requirements of Article 43.4 of Title 12 C.R.S. to apply to in association with the issuance of a Retail Marijuana Store License. D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this Chapter. The Local Licensing Authority is authorized to administratively approve any License application under this Chapter so long as the conditions set forth in the Chapter are met and the applicant has paid the operating fee and any other fees required by this Chapter. E. Prior to January 1, 2019, the Local Licensing authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under 5-3D-1 et. seq. of the Englewood Municipal Code 2000. Section 3. Effective Date. This ordinance shall be published in conformance with the Englewood City Charter and shall take effect and be in force on and after January 1, 2018. All ordinances or Page 83 of 427 11 provisions of the Englewood Municipal Code modified by this ordinance shall remain in effect until superseded on the effective date of this Ordinance on January 1, 2018. Section 4. The following general provisions shall apply to interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. 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 16th day of October, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 19th day of October, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 18th day of October, 2017 for thirty (30) days. Read by Title and passed on final reading on the 6th day of November, 2017. Published by Title in the City’s official newspaper as Ordinance No. 65, Series of 2017, on the 9th day of November, 2017. Published by title on the City’s official website beginning on the 8th day of November, 2017 for thirty (30) days. Page 84 of 427 12 This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 65, Series of 2017. Stephanie Carlile Page 85 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: October 21, 2019 SUBJECT: CB 47 - Short Term Rental Ordinance DESCRIPTION: CB 47 - Short Term Rental Ordinance RECOMMENDATION: Staff recommends that pertaining to 16-2-6 Amendments to the Text of Title 16 (UDC, Unified Development Code), City Council review the recommendations of City Staff, the Planning and Zoning Commission, and hear testimony from the public on the proposed amendments to the Unified Development Code, Title 16, relating to Short Term Rentals as follows: • Chapter 5, Use Regulations/Table of Allowed Uses in relation to Short Term Rentals o Add STRs as a visitor accommodation in residential and mixed-use zone districts; • Chapter 5, Section 6, Subsection 6: Add STR regulations including Purpose, Eligibility, Application Procedures and Permitting Requirements, Operating Standards, Revocation of STR Permits, Enforcement, and Definitions; • Chapter 6, Minimum Off-Street Vehicle Parking Ratios (Table 16-6-4.1): Add parking requirements for STRs; and • Chapter 11, Definitions: Include all definitions established by the STR Ordinance. Following such hearing, the Council may approve, deny, or modify the proposed amendment. PREVIOUS COUNCIL ACTION: City Council held two Study Sessions to discuss Short Term Rentals (STR). The first was held July 15, 2019 where staff presented the draft regulations and provided information on the Planning and Zoning Commission public hearing. The second was held August 26, 2019 when staff presented information regarding the enforcement of STRs and discussed the potential of hiring a third-party monitoring and compliance company. City Council held a public hearing on Short Term Rentals on October 7, 2019 to receive public testimony. Page 86 of 427 SUMMARY: The Planning and Zoning Commission recommended, by a vote of 7-1, to forward the proposed language amendments to City Council with a favorable recommendation and the following Findings of Fact: • That Case No. 2017-03 was brought before the Planning & Zoning Commission at a Public Hearing by the City of Englewood Community Development Department on June 4, 2019; and • At the June 4, 2019 Public Hearing, the Planning & Zoning Commission voted 7–1 to forward a favorable recommendation for adoption of the draft STR regulations to City Council; and • That notice of the Public Hearing was published in the Englewood Herald on May 22, 2019 and was posted on the City’s website May 22, 2019 through June 4, 2019; and • That the participants in the September 20, 2018 STR Open House and the April 2, 2019 STR Forum were notified of the Public Hearing directly by email; and • That the Planning and Zoning Commission held 14 study sessions on STR regulations since May of 2017, and an STR Open House was held on September 20, 2018, from which 21 surveys were collected and analyzed; and • That the proposed STR regulatory text amendments establish permitting and operating requirements for Short Term Rentals and identify the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable for the operation of Short Term Rentals; and • That the proposed STR regulatory text amendments conform to the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan. BACKGROUND AND ANALYSIS Short Term Rentals (STRs) are dwelling units, or a portion thereof, which are rented to guests nightly, weekly, or for a duration of less than 30 consecutive days. Over the past few years, it has become a popular practice nationwide for individuals to rent out rooms, condos, or entire houses for short durations to visitors and vacationers. STRs are common in areas where hotels are expensive or other quality lodging options do not exist. In response to this increasing popularity homeof -STR created have Front Range cities throughout many sharing, the ordinances as a way to better regulate the time, place, and manner of such uses and to provide a potential city to impacts adverse and means address effectively more to nuisances neighborhoods. The availability and popularity of STRs in Englewood have been on the rise in recent years, especially with the advent of home-sharing websites such as AirBnB, Turnkey, HomeAway, and several others. Due to the increasing popularity of STRs, the use and operation of residential dwelling units as lodging for temporary stays (especially within neighborhoods zone d for low- intensity residential uses) can potentially create impacts not anticipated by the City’s current zoning regulations. While the current Unified Development Code (UDC) regulates visitor Page 87 of 427 accommodation uses such as bed and breakfast establishments, hotels, and extended stay hotels, there are no regulations which apply to STRs. Short term rentals are not currently allowed in Englewood, however, at any given time of year there are a number of Englewood properties listed on short term rental websites. The draft regulations to permit STRs to operate within the City, while limiting potential neighborhood impacts, are attached. It should be noted that under the current Englewood Municipal Code, STRs are defined as visitor accommodations and are not permitted in the following zone districts: R1A, R1B, R1C, R2A, R2B, MUR3A, MUR3B, MUR3C, MUB1, MUB2. The proposed regulations would allow for STRs in all of those districts. Certain updates to language within the existing Chapter 16 would be necessary to avoid conflict between these proposed regulations and existing portions of the Englewood Code, including sections 16-11- 1(D)(3)(c); 16-11-1(D)(1)(d); 16-11-1(F)(18) and 16-11-2. If an STR Ordinance is adopted, staff recommends current STR operators be given a grace period in which to become compliant with the new Ordinance. No existing STR operation would be exempted from complying with these regulations. All STRs lawfully established within the City of Englewood would be required to become compliant with these regulations through the established process. The Ordinance would also grant the City authority to revoke STR permits when properties are not in compliance with the approved and adopted regulations. Finally, it should be noted that a Short Term Rental Ordinance would provide the City with the means to monitor the number of lawfully established STRs. Allowed Zone Districts STRs would be allowed in the following Residential, Multi-Use, and Medical zone districts: • R-1-A, R-1-B, R-1-C: Single Unit Residential • R-2-A, R-2-B: Low to Mid Density Single and Multi -Dwelling Unit Residential • MU-R-3-A, MU-R-3-B,MU-R-3-C: Mixed Use Low to Medium Density Residential and Limited Office • M-1, M-2: Mixed Use Medical, Office, High Density Residential, Limited Retail STR Permit Requirements All STR permit applicants would be required to provide the following information to the City and meet the following requirements prior to being issued a STR Permit: • Application and Fee; • Proof of ownership (a signed and notarized affidavit); • Signed and notarized acknowledgement of property compliance with all City Codes and Ordinances, safety checklist, and an acknowledgement that the City has the right of inspection at any reasonable time; Page 88 of 427 • Waiver of liability and indemnification of the City; • Certificate of insurance; • A scale floor plan of the STR, including all levels; • A scale plan for the property showing all parking areas; • Primary owner/manager contact information, including phone numbers and addresses (both physical and email); and • A valid State of Colorado Sales Tax License and City of Englewood Sales and Use Tax License, and an Englewood Lodging License. If an STR permit is approved, it would be valid for one year and subject to renewal on an annual basis. STR Operating Standards Once an operating permit is obtained, all STRs must adhere to specific operating requirements set forth in the STR Ordinance. These include: • A residence used as a STR shall be the primary residence of the legal owner; • Accessory Dwelling Units (ADUs) may be used as an STR. However, only the residence OR the ADU may be granted a STR permit; both structures may not be permitted concurrently; • STRs shall not exceed two adults per bedroom and may not exceed a maximum of eight occupants; • STRs shall not be rented to more than one party under separate contracts; • Anyone who operates a STR shall be required to obtain an Englewood Lodging License and Englewood Sales and Use Tax License pursuant to Title 5, Chapter 30, of the EMC; • All STRs will be required to comply with all life safety, noise, and property maintenance requirements set forth in the approved Ordinance; and • STR’s would be required to provide one parking space per bedroom. STRs lacking a paved parking space in a driveway, garage, or carport would be limited to two on -street parking spaces which would not be allowed to be reserved for STR guests. Posting of Information within STRs The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous location for any renters/lessees: Page 89 of 427 • A copy of the regulations and requirements regarding Short Term Rental Operating Permits; • The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; • The maximum number of persons allowed to occupy the STR; • The maximum number of vehicles allowed to park on, or in front of, the STR property; • Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; • The property address, including house number, street name and city; • A list of non-emergency numbers, including the non-emergency number of the police department; and • The location of all fire extinguishers and exits, including egress windows. Revocation of STR Permits The proposed Ordinance will also grant the City the ability to revoke STR permits for properties found to be non-compliant with the STR Ordinance or in violation of other EMC regulations. STR permits may be revoked after three sustained violations of the following: • Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter; • Violation of any provision of the Englewood Municipal Code, City Ordinance, or state law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all city or state sales tax regulations; • The existence of any condition, or performance of any act, which the City determines constitutes a nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster. STR Permits will also be terminated upon the sale of the property or if the property is transferred to another owner (STR permits are non-transferrable). STR permits will expire if the operator fails to obtain a renewal of the operating permit before its annual renewal date. If a permit has been revoked, there is a mandatory 18-month waiting period before a new STR Permit application may be submitted to the Community Development Department. Enforcement Page 90 of 427 The City will be entering into a contract shortly with LodgingRevs to monitor and provide staff assistance with enforcement of Short Term Rentals. Conformance with Englewood Forward Goals and Objectives The STR code amendment is in conformance with the goals and objectives found in Englewood Forward: The 2016 Englewood Comprehensive Plan: Some of the specific objectives in the Comprehensive Plan include: Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Obj. Live-1.1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Obj. Live-1.2: Allow for housing investments that improve the housing mix and serve different life cycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family, duplex, townhome, condominium, multi-family, and accessory dwelling units. Goal Work-2: Build, attract, and retain a quality workforce. Obj. Work-2.2: Create and maintain workforce housing meeting the needs of both employers and employees. ANALYSIS: The City's Zoning Code was adopted prior to the advent of short term rentals. While those provisions of the code detailing visitor accommodation can be understood to prohibit the existence of STRs within some zoning districts within the City, there are no regulations detailing health, safety and welfare standards for those STRs which are operating lawfully. Amendments to the text of Title 16 are appropriate when "[e]vents, trends, or facts evident after adoption of the text of this Title have changed the character or condition of the community so as to make the proposed amendment inconsistent with the Comprehensive Plan, and the amendment is necessary to promote the public health, safety, or welfare of the community." EMC 16-2-6(F)(2). Additionally, EMC 16-2-6 provides that "[w]henever the public necessity, convenience, health, safety, general welfare, or appropriate zoning practice justifies an amendment to any section of this Title, and after the amendment has been submitted at a public hearing for consideration and recommendation by the Commission, the Council may, after a public hearing on the proposed text amendment, change the text of this Title." FINANCIAL IMPLICATIONS: If approved the Short Term Rental process would establish a permitting/registration system which city staff recommends being set at $150 per registration annually. Additionally, the operation of a short term rental would require the owner to obtain a State Sales Tax License, an Englewood Sales and Use Tax License, and Englewood Lodging License and would also Page 91 of 427 require the collection and remittance of sales, use and lodging tax to the City. At this price point, the permit/registration fee would cover the City's financial cost of the third-party enforcement agency assisting with monitoring and enforcement activities. Additionally, each registered STR will collect both the sales and lodging tax rates on each rental sale transaction in the amount of 5.5% (lodging tax at 2% and sales tax at 3.5%). The registered STR is responsible for remitting use tax in the amount of 3.5% on purchases for the STR where the local sales tax paid is less than 3.5%. ATTACHMENTS: Council Bill #47 Affidavit and Checklist Draft Colorado STR Community Comparison Page 92 of 427 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 47 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING ESTABLISHMENT OF A SHORT TERM RENTAL CODE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality organized under Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule Charter; WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets forth the City’s zoning regulations and permitting requirements for the use of real property within Englewood; WHEREAS, the City Council desires to adopt a permit application process and fee for short- term rental properties to protect the health, safety and welfare of all properties and persons residing within the City; and WHEREAS, the Englewood City Council finds and declares that the amendments to the Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of the reasonable needs and desires of the City and in the promotion of the public health, safety, and welfare of the City’s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 16, Chapter 11, Section 2(B). 16-5-6: Short Term Rentals. A. This Section shall be known and may be cited as the "Short Term Rental Code of the City of Englewood.” A Short Term Rental (STR) is an owner occupied residential dwelling unit that provides nightly or weekly rental of all or some portion of such dwelling unit, all in accordance with this Short Term Rental Code, and all other applicable laws and regulations. (See definitional section below). B. Zoning Districts. STR’s are allowed in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-2, MU-R-3-A, MU-R-3-B, MU-R-3C, MU-B-1 and MU-B-2. C. Short Term Rental Application Procedures. All persons desiring to operate a STR shall complete the following application procedures. Page 93 of 427 2 1. Application Submittal Requirements. A completed application, including all appropriate documentation, must be submitted to the City of Englewood Community Development Department by the applicant. The application shall include the following documents: a. A completed Short Term Rental Registration form as provided by the Community Development Department. i. Application and Fee; ii. Proof of Ownership of the subject property by way of a signed and notarized “Proof of Residency and Ownership affidavit”; iii. Signed and notarized acknowledgement of property compliance with all City codes and ordinances, safety checklist, acknowledgement that the City has the right of inspection at any time and at any reasonable time; iv. Waiver of liability and indemnification of the City; v. Certificate of Insurance; vi. A scale floorplan of the STR, including all levels; vii. A scale plan for the property showing all parking areas; viii. Primary owner/manager contact information, including phone numbers, addresses, and email addresses; ix. A valid City of Englewood Lodging Sales Tax Certificate within 30 days from the approval of the application; x. A valid State of Colorado Sales Tax License; xi. A copy of the required Posting Notice as required in Section E of this Chapter; xii. All other documentation referred to within this Chapter. 2. City Review. Community Development Department staff will review the completed application and associated documentation as required by this Chapter within 30 days of receipt. Following the review and determination that the application is complete in all respects, the application and associated documentation shall be referred to all applicable City departments for review regarding conformance with all health and life safety regulations adopted by the City of Englewood. Within 60 days following the filing of the application, and at the conclusion of the City review, the applicant will be provided with a written determination regarding the STR operating permit. D. Standards for Short Term Rentals. All STR’s shall be subject to the following conditions: Page 94 of 427 3 1. STR Operating Permits. All STR’s must have a valid and current Operating Permit. a. Operating Permits shall be issued by the Community Development Department in accordance with this Chapter. b. The Operating Permit shall be signed by the owner(s) of the real property used as an STR, and be conspicuously posted within the STR. c. An Operating Permit shall be effective for twelve months, and shall go into effect upon the date of issuance, unless surrendered, suspended or revoked for cause. d. Operating Permits are not transferrable between owners or properties. 2. STR Operating Requirements. a. The STR shall be the legal responsibility of the legal owner(s) as set forth on the Application and Permit. b. A residence used as an STR shall be the primary residence of the legal owner(s). c. For parcels containing ADU’s the primary resident may obtain a STR permit for the main residence OR the ADU; both structures may not be permitted concurrently. d. An STR shall not exceed two (2) adults per bedroom. e. The maximum occupancy of an STR shall be eight (8) persons. f. No STR shall be located in any recreational vehicle, travel trailer, or temporary structure. g. No STR shall be rented to more than one party under separate contracts. h. During any rental period, the STR shall not be used for any other purpose (e.g. home-based business, temporary event, etc.) by the renter or owner other than for lodging purposes. i. An apartment complex comprised of rental units may not be utilized as an STR. 3. Regulatory Compliance. All STR’s shall meet the standards of all building, electrical, plumbing and fire codes adopted or amended by the City of Englewood. 4. Fees. Fees associated with the issuance of the Operating Permit and any other requirements of this Chapter, shall be established by action of the Englewood City Council, and set forth within the City’s Fee and Rate Schedule. Page 95 of 427 4 5. Lodging License. Any person who owns and operates an STR shall obtain a City of Englewood STR Lodging License, pursuant to Title 5, Chapter 30, as amended, of the Englewood Municipal Code 2000. 6. Taxes. Owners and operators of STR’s shall be subject to, and responsible for, all sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed to incorporate and be applicable to all STR’s. Failure to collect and remit all applicable sales and lodging taxes at the City, State or Federal level is grounds for revocation of the Operating Permit. 7. Primary Local Contact. Each STR owner or operator shall designate a primary contact person. Such person shall be available on a twenty-four (24) hour basis, seven days per week, and be able to respond to any concerns from renters or City enforcement personnel. The Primary Contact may be the property owner(s) or another person employed by, authorized by, or engaged by the owner(s) to manage, rent or supervised the STR. The Primary Contact shall be able to respond to any concerns that may arise during any rental period of the STR, including the ability to access the STR in a timely manner. Contact information for the Primary Contact shall be provided as part of the application and permit approval process. If the Primary Contact is not the owner(s), the Primary Contact shall be a named individual and the following information shall be provided: cell and/or home phone number, mailing address, email address, and business address and business phone, if applicable. Any change(s) to the Primary Contact information shall be provided, in writing, to the Community Development Department, within ten (10) days of such change(s). 8. Life Safety. All STR’s shall contain the following: a minimum of one operable fire extinguisher per floor, operable carbon monoxide detectors in all rooms used for sleeping purposes, and operable smoke detectors on each floor of the STR. An STR with living or sleeping areas within a basement area shall be equipped with egress windows and other exit systems. 9. Noise. No person shall make, cause, permit or suffer any unreasonable noise from any STR that is audible beyond the property lines of the STR or in excess of the sound pressure limits set forth in 6-2-8 of this Code. 10. Property Maintenance. The STR property shall be properly maintained and free of loose, uncollected trash, garbage, and litter. The owner(s) or management company shall comply with all property codes of the City of Englewood. 11. Parking. All STR’s shall provide one parking space per bedroom. STR’s lacking a paved parking space in a driveway, garage, or carport shall be limited to two (2) on-street parking spaces located in front of the STR. These on-street locations shall Page 96 of 427 5 remain public and may not be reserved by the use of any signage. Any advertisements or listing of the STR shall provide the number of parking spaces available for use by the renter. 12. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a maximum of one (1) square foot in area. The sign shall not be illuminated nor contain any animation. 13. Owner(s) Responsibility for Compliance. Compliance with the terms and conditions set forth in this Chapter shall be the responsibility of the legal owner(s) of the STR, as set forth on the application and Proof of Residency and Ownership Affidavit, and are non-delegable. Any violations of any term or condition of this Chapter are strictly the responsibility of the owner(s), and any summons and complaint served for any violation shall be served upon the owner(s) of the STR. 14. Limitation of Liability. The City of Englewood assumes no responsibility for the operation of the permitted STR property. The owner(s) shall sign a waiver and release of liability, acknowledging and agreeing to indemnify and hold harmless the City of Englewood from any and all negligent acts which may occur from the renting or operation of the STR. Such indemnification shall include defending the City from any claims arising from the use of the property as an STR. The Owner(s) shall further warrant and agree to compensate the City of Englewood for any expenses incurred in any defense of any lawsuit or other action associated with the renting or operation of the STR, and which is brought against the City. 15. Operating Permit Renewal. All STR permits shall be renewed through the Community Development Department on an annual basis. All renewals shall include an updated compliance and safety check report, and any updates to the information required under 16-5-6(C) (1) (A) (i-xii) along with the payment of all renewal and permit fees. E. Posting of Information. The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous location for any renters/lessees: 1. A copy of the regulations and requirements regarding Short Term Rental Operating Permits; 2. The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; 3. The maximum number of persons allowed to occupy the STR; 4. The maximum number of vehicles allowed to park on, or in front of, the STR property; Page 97 of 427 6 5. Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; 6. The property address, including house number, street name and city; 7. A list of non-emergency numbers, including the non-emergency number of the police department; 8. The location of all fire extinguishers and exits, including egress windows. F. Revocation/Termination/Surrender of Operating Permit. 1. Surrender. Operating Permits shall be deemed surrendered upon delivery to the City of written notice by the property owner(s), or representative, that a dwelling or property will no longer be used as Short Term Rental. 2. Termination. A termination of the Operating Permit occurs when the ownership of the property has been sold, assigned, or otherwise transferred to a new owner(s), or the current STR permit holder has failed to obtain a renewal of the operating permit on or before its annual renewal date. 3. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the Director of Community Development, or his/her designee, after written notice to the owner(s) for the following violations: a. Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter. b. Violation of any provision of the Englewood Municipal Code, City Ordinance, or State law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all City or State sales tax regulations. c. The existence of any condition, or performance of any act, which the City determines constitutes nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster. d. After a third sustained violation of this Short Term Rental code, the Englewood Municipal Code, or applicable State or Federal law or regulation, has been administratively verified, the Director of Community Development, or his/her designee, shall revoke the STR operating permit for said violation. 4. The Director of Community Development, or his/her designee, may deny or withhold the approval of a renewal of an annual operating permit if the property is in violation of any applicable title or chapter of the Englewood Municipal Code. Page 98 of 427 7 5. The owner(s) of an STR operating permit that has been revoked for a violation shall not apply for another STR operating permit for a period of eighteen (18) months for any property. G. Enforcement and Appeals. 1. Enforcement: Enforcement of this Code shall be in accordance with Chapter 10 of the Unified Development Code of the City of Englewood, 1) by or at the direction of the Department of Code Enforcement upon information provided by any City department or 2) through the Community Development Department. Additionally, the City Council may contract with an outside entity to provide enforcement of some or all provisions of this Code. Any conflicts between this Short Term Rental Code and Chapter 10 of the Unified Development Code shall be resolved in accordance with this Short Term Rental Code. 2. Appeals. Any appeal of an administrative decision made by the Director of Community Development, or his/her designee, shall be subject to the process outlined in Title 1, Chapter 10 of the Englewood Municipal Code. H. Definitions. The following definitions are applicable to this section: Applicant: The owner(s) of the real property for which a short term rental permit is sought. If a property has multiple owners, including joint ownership by spouses, all persons with an ownership interest must sign the application permit. ADU: An Accessory Dwelling Unit. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a single lot for purposes of this Short Term Rental Code. Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe County Deed of Record. Such persons are also the persons who sign the “Proof of Residency” affidavit. Permittee: The owner of the dwelling unit that has a valid STR operating permit. Primary Residence: Means a residence which is the usual place of return for housing as documented by at least two of the following documents: motor vehicle registration, Colorado driver’s licensed or Colorado identification card, voter registration, property tax notices, or utility bill. A person can only have one primary residence. Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days. Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, excluding hotels, motels, bed and breakfasts, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, Page 99 of 427 8 condominium, or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section 1(C) of the Englewood Municipal Code shall be amended as follows: §16-5-1: - Table of Allowed Uses. C. Table of Allowed Uses. TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Addition al Regulati ons R 1 A R 1 B R 1 C R 2 A R 2 B MU R 3 A MU R 3 B MU R 3 C M 1 M 2 — M O 2 M U B 1 M U B 2 T S A I 1 I 2 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5- 2.A.1 Group living facility, small P P P P P P P P P P P P P 16-5- 2.A.1 Small treatment center C C C C C P P 16-5- 2.A.1 Household Living Live/work dwelling P P P P L L 16-5- 2.A.2 Manufactured home park P 16-5- 2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5- 2.A.4 Page 100 of 427 9 16-6- 1.C.4 One-unit dwelling P P P P P P P P P P 16-5- 2.A.5 16-5- 2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5- 2.A.6 Boarding or rooming house C C C C C C C 16-5- 2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and facilities not specified under the public/institution al uses category P P P P P P P P P P P P P P P Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Page 101 of 427 10 Religious Assembly Religious institutions and associated accessory uses P P P P P P P P P P L L L L L School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommunication s," for applicable use-related guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna(micro wave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Utility Facility(not including Telecommunication Facility) Major utility facility P P 16-5- 2.B.1 Minor utility facility (as a principal use of land) C C C C C C C C C C C C C C C COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5- 2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5- 2.C.2 Page 102 of 427 11 Animal Sales and Service Animal shelter P P Kennel/day care L P P Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Assembly Assembly hall or auditorium, hall rental for meetings or social occasions P P P C P P Membership organization (excluding adult use) P P P C P P Dependent Care Dependent care center (less than 24-hour care,any age) C C C C C P P P P P P P C 16-5- 2.C.7 Entertainment/Amus ement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/co ncert venue, not including adult entertainment P P P P P Page 103 of 427 12 Entertainment/ Amusement: Outdoor General outdoor recreation C C C Financial Institution Check cashing facility P P P P Financial institution, with drive-through service L P P Financial institution, without drive- through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without outdoor operations P P P P P P Restaurant, with drive- through service L P P Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Page 104 of 427 13 Laboratory (dental, medical or optical) P P P P P P P P P P Medical Marijuana Medical marijuana center P P P P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana optional premises cultivation operation A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana infused products manufacturer A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Office Office, type 1 (general) P P P P P P P P P Office, type 2 (limited) P P P P P P P P P P 16-5- 2.C.8 Retail Sales and Service (Personal Service) Crematorium C Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Page 105 of 427 14 Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Tattoo and body-piercing establishment P P Temporary employment business C C 16-5- 2.C.11 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Retail Sales and Service (Sales) Antique store P P P P P P Art gallery P P P P P P Auction house P P P Buy-back, second-hand, thrift, consignment stores, large P P P P Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Page 106 of 427 15 Grocery/special ty food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Pawnbroker P P 16-5- 2.C.10 Retail sales, general merchandise P P P P/ C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5- 2.C.12 Studio Radio/television broadcasting studio, recording/film studio P P P P Vehicle and Equipment Automobile pawnbroker P P P 16-5- 2.C.10 Automotive sales, rental L P P 16-5- 2.C.3 Automotive service and repair, including body or fender work P P 16-5- 2.C.4 Automotive service and repair, not L P P 16-5- 2.C.4 Page 107 of 427 16 including body or fender work Automotive service station (gasoline facility) L P P 16-5- 2.C.5 Car wash, auto detailing L L L 16-5- 2.C.6 16-5- 2.C.4 Commercial storage of operable vehicles P P 16-5- 2.C.3 Fuel dispensing L P P Parking facility, structure (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.3 16-5- 2.C.9 Parking area, surface (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.9 16-5- 2.C.3 Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P Hotel P P P P P Hotel, extended stay P P P Page 108 of 427 17 Short Term Rental P P P P P P P P P P P P 16-5-6 Wholesale Sales and distribution P P MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C P P 16-5- 2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5- 2.C.14 Distillery C C C P P 16-5- 2.C.14 Winery C C C P P 16-5- 2.C.14 Manufacturing, light C P P 16-5- 2.D.4 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Page 109 of 427 18 Storage yard for vehicles, equipment, material, and/or supplies P P 16-5- 2.D.6 Warehousing and/or storage P P Waste/Salvage Automobile wrecking/ salvage yard C P 16-5- 2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5- 2.D.2 Recycling operation, all processing occurs within enclosed structure P P 16-5- 2.D.5 Recycling operation, some or all processing occurs outside an enclosed structure C C 16-5- 2.D.5 Sanitary service C Waste transfer station (not including hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Page 110 of 427 19 Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C - A A A A A A A A A A Family child care home C - A A A A A A A A A A Infant/toddler home C - A A A A A A A A A A Large child care home L - A L - A L - A L - A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Home occupation A A A A A A A A A A 16-5- 4.C.1 Minor utility facility (as accessory use of land) L - A L - A L - A L - A L - A L-A L-A L-A L - A L- A L - A L - A L- A L - A L - A 16-5- 2.B.1 Parking area (surface) A A A A A A A A A A A 16-5- 4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5- 4.C.3 Page 111 of 427 20 Service units or facility A A A A A 16-5- 4.C.4 Swimming pool A A A A A A A A A A A A A A A 16-5- 4.C.5 Wholesale sales and distribution A A A A 16-5- 4.C.6 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of existing facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from retail vendor carts, etc.) T T T T T T Page 112 of 427 21 Special event (e.g., carnival, bazaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C. §1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. 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 21st day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of October, 2019 for thirty (30) days. Page 113 of 427 22 Linda Olsen, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of October, 2019. Stephanie Carlile Page 114 of 427 City of Englewood Short Term Rental (STR) Affidavit This form must be signed by the property owner. I _____________________________ attest that I have read and understand all provisions of this affidavit. I further understand, under penalty of perjury, that my STR meets all Unified Development Code requirements and contains all items and safety measures as listed in the attached checklist. I further understand that any violation of the Englewood Municipal Code (EMC) or any violation of the STR ordinance may result in the revocation of my STR licenses and permit, and/or a summons to Municipal Court. Name (print): __________________________ Name (signed): ________________________ State of Colorado County of Arapahoe The foregoing instrument was acknowledged before me on this ___ day of ________________, 20___ by ________________________. ___________________________ _____________________________ (Notary Official signature) (My commission expires) Page 115 of 427 Please review and initial each statement. ____ I understand that any Short Term Rental (STR) Permit issued, based upon false information or misrepresentation will be null and void and subject to penalty as provided by law. ____ The STR will be located in a dwelling unit that is the primary residence of the property owner. ____ I understand that the dwelling or rooms serving as a short term rental must have a smoke detector, carbon monoxide detector, fire extinguisher, and an exit. ____ I understand that my STR may not be rented more than 30 consecutive days. ____ I understand that my STR may not be rented to more than one party under separate contracts. ____ I understand that my short-term rental may be used for dwelling, sleeping, or lodging purposes, but may not be rented for any other commercial purpose, including temporary events or gatherings. ____ I understand I must provide the following information to STR guests and have printed materials posted on-site for guests which includes the following information: a) A copy of the regulations and requirements regarding Short Term Rental Operating Permits; b) The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; c) The maximum number of persons allowed to occupy the STR; d) The maximum number of vehicles allowed to park on, or in front of, the STR property; e) Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided. f) The property address, including house number, street name and city; g) A list of non-emergency numbers, including the non-emergency number of the police department; h) The location of all fire extinguishers and exits, including egress windows. ____ I understand that I am required to maintain a current Englewood Lodging License, State of Colorado and City of Englewood Sales Tax Licenses. ____ I understand that the STR Permits are granted with the expectation that their use will not impact the neighbors or the character of the community. I agree to use my best efforts to assure that all renters of my property will not disrupt the neighborhood and I understand that the STR will be required to comply with all life safety, noise, and property maintenance requirements set forth in the STR ordinance and Englewood Municipal Code. ____ I acknowledge and grant the City of Englewood the right of inspection at any reasonable time. _________________________________ ________________ Signature of Applicant/Owner Date Page 116 of 427 2.1 IM I1 mt Theyabide by the same parking enforcementas any other residential propertyin the zone they reside in. No,unless they have a short-term rental license alreadyand do not allowit to expire (no grace period). Arvada Aurora Boulder notin Yes Yes N/A 546 Business l.icense/ Lodger's Tax + $26 renewal $105 STR license (4 years)+ $25 Business License tee (one—time) N/A 8%Lodgei’s Tax and applicable state tax depending on county 7.5% Accommodat ionTax N/A Wherever residential uses are allowed, including ADU's Any residential zone;ADU's maynot have a STR licensegoing forward unless they have a short-terrn rental license alreadyand do not allow it to expire (no grace period). NIA Primaryresident occupied (long—lenn renters ok with pennissionof landlord);hosts do not have to be present Mustbe the owner's principalresidence (residingin more than hallthe year). ADUrules only applyto those that had them establishedand licensedon or prior to January 03. 2019) N/A Carbon monoxidedetector required;smokedetector ‘advised’and requiredin some unitsby buildingcode Smokeand carbon monoxide detectorsmust meet Cityand NationalFireAlarmand Signaling Code requirements.Subject to occupancy limits(3-4 unrelated dependingon zoning) N/A N/A Business license numbermust be postedon alllistings;no extemalsigns No RentalListing MUST INCLUDE Maximum Unrelated Occupancy and Rental License number.May not be listed untilrental licenseis completeand issued. N/ A No ns,Colorado Springs and Manitou SpringsCodes ucatmna ateria rom e Listing Requirement 5 (Air B n B VRBO etc.) Parking ADU’s Requireme regulated Jurisdiction Allow: yes or g odel Fire CodeWhere April2019Page 117 of 427 Page 118 of 427 Short Term Rental Codes in the Metro Area +Fort Collins,Colorado Springs and Manitou Springs Based on PrimarySTR:Self-certilicationof health and License pm ca”,-ns yes 3150STR LocalSales zoning.Not oocupiedby owner safely standards requiredbefore numbermust 1 Off-street license.and Lodging allowedin forat least 9 months approval be ‘ncludedin space per every annual l3X-l-°°kl"9 most of the year,and alladvertising.2 rooms renewal °l El l‘5Vl"9 low-density includesduplexesor airbnbhas still $100 neighborhoo carriagehouses if notprovideda ds.locatedon the same ?eld forthis so Non-Primary propertyas primary 'not onlyallowed Non-PrimarySTR currently in zones that dwellingunits not happening. allow occupiedbyowner hotel/motels.more restricted(any Onlyowners zone that allows may get non-primaryalso ll°9"5e5-allowsprimary) As T°“'l5l TouristHome:AGolden"|'°uri5[N/A N/A Homes; ‘ buildingcomaining N/A N/A N/A Yes l'l°"‘°5'v C°"““5l°'3l ?ve or fewerguest "°STR‘z°"e5v R'3 roomsdesignedtoa:nefa"(SUP).R'2 5 be used on agamedlR-1 0""lal°'temporarybasis streets Ownersmust Awessory F.- Greenwood notin N/A submlt buildingsin T°"§"‘NIA Village code Lodging,3,,.,5;d.,,,ga1 requirements:Must N/A NIA NIA ‘Danyfor mes may gieetdelimtionof stays less be used to "lllyla °'few“ than 30 days house “"'°"“°“P°°P'°°' (transactions temporary 8 9l°"p °l l’e°l’l° exempt from guests;relatedby _ tax _Sec vague if bloodlmarnagelado 4-B-40(4))these n be P“°"l Matters Institut....April 2019Page 119 of 427 "M13[D 3103 was 411IIBJDJIIIJDIAMIGMDJ3?uunusampm:sjmuay uuu um];uo ua/ssas s,JauuD[d nalv nlxaw n [0 sjsnq amsnM pun unlssanuom qamw B51712!1aaqM [D 1013uuujpawpdn uaaq suq S[0[l3JD?l suu. sampmxs wguapgsax5,5“: 311150%ZP933“%€£'0l 1ouRaw5313 ')(E_]_ (we 1 01 Wd9;)smou "2 uea?Jad s?ep Bugdweg yagnb‘suone:oo|tu.Ie|e/Jausgn?unxa tz may )2 pagdnooo pue ?ug6po1 ‘o;ugmemos‘Repdmpgd aq Jsnux1913141 swpue 1;‘-JUMOll19P!S:1 usen‘sapgua/\xew ‘sxuednaao sapgsauJaumo sun XE]sayesas "Dunes"9 ‘$195293;2 xew ‘a|noJ uouenaenazlmmaonou Kuadoxdamssa|un Au:-JdoJdLUOJ]‘saguadoxd ‘mg‘q 5._ 'suone|n6aJ d Z p Jaqumu uuuad P915013+511100151114995101331P9111913111011K9111 119111593111 511!5P°|][LL|J3dasn pays;/ca:nouue wnav"'°°'s’"’°°’”°“memosusnw 9Luluumwaneaplxouow Homes sumo:Ienpwpu!5}:lJ.S19'-|l°11E AuoJame |euompuoo ?u;aq s1ueMQVH ‘9d 939d‘1»‘JoouJed Jausgn?uuxamy ;ydaoxa 'auoN LUOJ},oog<52 was 0053 -saA 0)PBPPSP -9900 VIN V/N V/N VIN VIN VIN VIN 11!1°11 11°19I1J!'I VIN V/N V/N VIN VIN V/N V/N °N P00/ 4911131 133115K9!l°d.J°q115!3N S]U9l1l3JInb9J D009 9 511!9E.+(110.1l90!lddE Aauednoaoou moo:I,ppe Jed una?manoaJSMSS/JSJEMpue :auoqda|a|em mg as;Mama: Lsn|d aaeds uouaa1oJda1g;o;oo1d apgnwdos|e alqeuaaal aq xsnw 5'-1!'-101 11101 10359A133115.30;1snu1)Jausgn?uuxamg ‘Jomayap sjaumo ,(uadmd 19313110 H13 093 59A 11951311 3!‘apnxouowuuq1eo Joxaayap exams s?uyds nozguew pue opexoyog ’suguo3 4»any un sapog uua 1_ a1n1nsu|Atuunluumg Bl?U101]|ElJ3]Ew |EUOI‘JEJI'||)Page 120 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: October 21, 2019 SUBJECT: CB 48 - AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 DESCRIPTION: CB 48 - AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 RECOMMENDATION: On October 8, 2019, staff presented the sanitary sewer 7% rate increase recommendation to the Water and Sewer Board and the members present voted in favor for the increase. Staff recommends that the City Council approve the attached Ordinance which will increase the wastewater utility service rates by 7%, effective January 1, 2020. PREVIOUS COUNCIL ACTION: The need for a rate increase has been discussed and reviewed through the 2020 budget process. Including: • September 16, 2019 - Public Hearing • September 9, 2019 - All Other Funds Discussion • August 12, 2019 - General Fund Department Requests • August 5, 2019 - Budget Priorities Discussion • May 11, 2019 - Proposed Department Operations / Capital Requests • April 22, 2019 - Preliminary Capital Requests • April 8, 2019 - Community Vision Workshop • March 25, 2019 - Revenue and Expenditure Forecasts and Assumptions • February 19, 2019 - 2020 Budget Preview ANALYSIS: The city's sanitary sewer & wastewater infrastructure includes the collection system of pipes throughout the city which transfer wastewater to the South Platte Water Renewal Partners, which is the treatment plant co-owned by the cities of Littleton and Englewood. In order to maintain this system, it is necessary to invest in on-going operations, maintenance and capital improvements. Page 121 of 427 The wastewater treatment plant has identified approximately $11 million in needed capital investment (see attached). Half of these costs are incurred by the city of Englewood and its connectors. The other half is paid for by the city of Littleton and its connectors. These improvements are needed to meet permit-driven treatment requirements as well as facility rehabilitation and replacement needs. A detailed list of planned improvements is attached. The city is in the process of creating a master plan for the sanitary sewer collection system. This plan will be completed in Q2 2020. Until the results of that plan are known, limited funding has been targeted for 2020 to address capital needs in the collection system. Therefore, the proposed rate increase will not fully support on-going capital, maintenance and operation needs in this area. Future rate increases, related to the collection system, are anticipated as more detailed costs are developed. FINANCIAL IMPLICATIONS: The 7% rate increase is anticipated to generate approximately $1.1 million annually. This rate increase would become effective January 1, 2020. Charge 2019 Rate 2020 Rate Sewage Treatment Charge per 1,000 gallons $3.0383 $3.2510 Collection System Charge per 1,000 gallons $0.4046 $0.4329 Total $3.4429 $3.6839 ALTERNATIVES: If rates are not increased, inadequate amounts of revenue will be generated in order to pay for the city's portion of the wastewater plant costs. Projects may need to be deferred or eliminated. CONCLUSION: Adequate revenues must be generated in order to fund the necessary capital and maintenance needs for the wastewater treatment plant and the sanitary sewer collection system. Staff recommends that the City Council approve by motion the attached Resolution which will increase the wastewater utility service rates by 7%, effective January 1, 2020. ATTACHMENTS: Council Bill #48 SPWRP Capital Projects Page 122 of 427 Page 1 of 5 BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 48 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the State of Colorado has enhanced the standards for wastewater treatment, both through reduction of the permitted levels of total phosphorus and total inorganic nitrogen, and through a reduction of the permitted temperature of water which may be released from the wastewater plant into its receiving stream; WHEREAS, the State’s standards have been incorporated into the operating license of the South Platte Water Renewal Partners of Littleton and Englewood, and will necessitate extensive facility upgrades over the next decade; WHEREAS, the South Platte Water Renewal Partners of Littleton and Englewood will perform a comprehensive cost of services analysis during 2019 to determine if current rates and fees are appropriate and applicable to the anticipated increased costs of providing wastewater services within the City of Englewood and to the connector districts; WHEREAS, Englewood Municipal Code § 12-2-3(B) provides that 1) the rates charged by the City for all wastewater service shall be established by ordinance and maintained in the City’s Rate and Fee Schedule, and 2) a charge for Wastewater collection system maintenance shall be established annually by the City Council as part of their annual approval of the City's Fee and Rate schedule, or by separate Resolution; WHEREAS, Ordinance #5, Series 2018/2019, establishing sewer rates in accordance with Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000, was approved by the City Council on January 7, 2019, with such fees to be applied to bills due on or after February 9, 2019; WHEREAS, the City Council approved Resolution #36, on January 23, 2019, adopting the 2019 Fee and Rate Schedule for the City of Englewood, such Resolution providing for Sewer fees to become effective on February 4, 2019, with initial assessment of new rates to be applied to bills due on and after March 1, 2019, as well as the charge for Wastewater collection system maintenance; Page 123 of 427 Page 2 of 5 WHEREAS, the City of Englewood has determined that a seven percent (7%) increase to sewer rates will provide adequate funding to address the capital and maintenance needs at the South Platte Water Renewal Partners wastewater treatment plant for the 2020 operational year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes adoption of the following sewer rates in accordance with Title 12, Chapter 2, Section 3, Subsection B of the Englewood Municipal Code 2000 to become effective January 1, 2020: Sewage Treatment Charge per 1,000 gallons $3.0383 $3.2510 Collection System Charge per 1,000 gallons $0.4046 $0.4329 Total: $3.4429 $3.6839 Customer Class In City Sewer Billed Quarterly $3.4429 $3.6839 In City District Sewer Billed Quarterly $3.0383 $3.2510 In City Sewer District Water Billed Annually $21.6903 $23.2086 Flat Rate Min. Flat Rate Min. Rate Single Family Dwelling $72.44 $77.51 $65.89 $70.50 $63.92 $68.39 $58.09 $62.16 $263.58 $282.03 Multi Family Per Unit $44.87 $48.01 $40.85 $43.71 $39.59 $42.36 $35.99 $38.51 $163.39 $174.83 Mobile Home Per Unit $27.63 $29.56 $25.10 $26.86 $24.36 $26.07 $22.19 $23.74 $100.38 $107.41 Page 124 of 427 Page 3 of 5 5/8 " $99.79 $106.78 $90.91 $97.27 $88.21 $94.38 $80.22 $85.84 $363.64 $389.09 ¾" $151.54 $162.15 $137.88 $147.53 $133.74 $143.10 $121.75 $130.27 $551.54 $590.15 1" $251.27 $268.86 $228.58 $244.58 $221.89 $237.42 $201.92 $216.05 $914.33 $978.33 1½" $502.47 $537.64 $457.30 $489.31 $443.53 $474.58 $403.63 $431.88 $1,829.20 $1,957.24 2" $805.39 $861.77 $733.02 $784.33 $710.91 $760.67 $646.87 $692.15 $2,932.08 $3,137.33 3" $1,607.50 $1,720.03 $1,462.76 $1,565.15 $1,418.85 $1,518.17 $1,291.00 $1,381.37 $5,851.00 $6,260.57 4" $2,512.60 $2,688.48 $2,286.62 $2,446.68 $2,217.69 $2,372.93 $2,018.15 $2,159.42 $9,146.42 $9,786.67 6" $5,025.33 $5,377.10 $4,573.13 $4,893.25 $4,435.28 $4,745.75 $4,036.05 $4,318.57 $18,292.53 $19,573.01 8" $7,984.99 $8,543.94 $7,266.35 $7,774.99 $7,026.75 $7,518.62 $6,394.24 $6,841.84 $29,065.40 $31,099.98 10" $11,478.47 $12,281.96 $10,445.50 $11,176.69 $10,101.24 $10,808.33 $9,191.94 $9,835.38 $41,782.03 $44,706.77 Customer Class Outside City District Sewer Billed Quarterly $3.0383 $3.2510 Outside City District Sewer Billed Annually $19.1411 $20.4810 Flat Rate Min. Flat Rate Min. Single Family Dwelling $67.01 $71.70 $61.02 $65.29 $267.76 $286.50 $243.82 $260.89 Multi Family Per Unit $41.59 $44.50 $37.78 $40.42 $166.23 $177.87 $150.97 $161.54 Mobile Home Per Unit $25.62 $27.41 $23.28 $24.91 $102.35 $109.51 $92.90 $99.40 5/8 " $92.55 $84.23 $370.07 $336.72 Page 125 of 427 Page 4 of 5 $99.03 $90.13 $395.97 $360.29 ¾" $140.45 $150.28 $127.74 $136.68 $561.66 $600.98 $510.82 $546.58 1" $232.93 $249.24 $211.91 $226.74 $931.64 $996.85 $847.49 $906.81 1½" $465.86 $498.47 $423.77 $453.43 $1,863.25 $1,993.68 $1,694.93 $1,813.58 2" $746.47 $798.72 $679.36 $726.92 $2,985.66 $3,194.66 $2,717.22 $2,907.43 3" $1,489.58 $1,593.85 $1,355.72 $1,450.62 $5,958.20 $6,375.27 $5,422.74 $5,802.33 4" $2,328.52 $2,491.52 $2,119.00 $2,267.33 $9,313.86 $9,965.83 $8,475.85 $9,069.16 6" $4,657.13 $4,983.13 $4,237.93 $4,534.59 $18,628.32 $19,932.30 $16,951.63 $18,138.24 8" $7,400.24 $7,918.26 $6,734.36 $7,205.77 $29,601.23 $31,673.32 $26,937.06 $28,822.65 10" $10,637.93 $11,382.59 $9,680.74 $10,358.39 $42,551.99 $45,530.63 $38,722.20 $41,432.75 Section 2. 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 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter 2, Section 3, sets forth enforcement measures for failure to pay the assessed sanitary sewer rates and fees, including disconnection of service for accounts 90 days or more delinquent. Delinquency and Collection: All wastewater charges and surcharges, including, but not limited to, collection charges, pretreatment charges, monitoring charges, shall be made a lien upon the property to which wastewaters are connected from the date said charges become due until said charges are paid. The owner of every structure or premises shall be liable for all wastewater charges for users on his premises. Said delinquent payments, and the lien created thereby, shall be enforced by assessment upon the property and premises Page 126 of 427 Page 5 of 5 so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. 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 21st day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of October, 2019. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 21st day of October, 2018. Stephanie Carlile Page 127 of 427 on<me..ouInoo>>m_mcm_...%E . Bu_bm_uE?mccou:m>m_mm.>.._u9:.6m._mE8.m:umi_u:m emEo..m:u\m:mN:_u_ooo>>m_m:m_.536mi>o__om_u:E?mou_m..._Qmun_m_>>n_m* ooo.m~.o.me_o3m_on_:mumoacwm_m=n_mo_?o._. ooodmm?aEzam,.m...mm:_umm_E_o_mom._mctmn__m>>mcmm_._Bm>>m=m_n_Esom:_Emcw . 80.2:a55$¢._m>>tomm:____m>>mZ . ooodmw.m>>mm_m.._am.om:_Eom..._mdmm_EBm>wco=om__oo . ...,.._.m mmwscmm_s_%o88 van“.._m>>mm>._E_cmm..EmEtmamQmm_..___5 Page 128 of 427 OD<~.._Q._OU.%uoo>>m_mcm_...%mm mmmapxmccommzcscou ooodmn_W_>>n_WEomcmm:o=m5_>mm_.E.=.c®O oooxkmmm_>>n_mEmae_n_mop..o__n_ oooés;n_m_>>n_mow.Em_8E8m_ Sodomn_m>>n_m2359055.88msac ooodmm;n_m>>n_wm.a.8en_Eme?gswa_E%En__8_E2o ooqommn_m>>n_wmzmemocmccmE§<9:Ema._.s8m Sodomn_m>>n_mmEmEm>oaE_2_m 8o.o..K&m_>>n_m.,.,.._m%m2ao§m§:_9__c__=m So.33.n_m>>n_m5m._9_n_m..:mEm>oaE___>_o ooo.:.m.man_m>>n_m5o_en_2:mEm>oaE__8E8_m_ E:oE<.53....3.33.8”._m“__n_mo mmmzcmm_$_%o88 m._mctmn__m.>>mcmm__m..m>>m:m_n_£:o.w Page 129 of 427 OD6.aOAOUIuoo>>m.mcm..%g 8o.m3.:a€£m_3_3?mosaom_£_%u=30... OOO.mNn_W_>>n_mm._m>>:om.w®._m>>U._m_.._._®...:QEOO ooqomm..._m>>n_m$_o_;m> ooqommn_m>>n_mEm:a_=_m_Emam:_€m_>_9:980 ooqmmn_m>>n_m._.u_<n_:_._m__om ooodmn_m>>n_.wmEmEm>9aE_Emmancm9:20 ooqmmwn_m>>n_m._.u_<n_c_aE:a._®E>_On_ E:oE<6:3...Amrwmzcom_£_%u mmmam:o_>m:aE0:mmsczcou mmmscmm_9._%oSou m.mctmn__m>>mcmm._m..m>>m=m_n_Show Page 130 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Joe Jefferson DEPARTMENT: Municipal Court DATE: October 21, 2019 SUBJECT: Presiding Municipal Judge Salary Discussion DESCRIPTION: Presiding Municipal Judge Salary Discussion RECOMMENDATION: Presiding Judge, Joe Jefferson, requests that Council discuss and authorize a salary adjustment for the Presiding Judge to commence on the applicable anniversary date of January 8, 2020. PREVIOUS COUNCIL ACTION: Per the Englewood Municipal Charter, Article IX-Legal Department-Part II.- Municipal Court 68: Municipal Judge “…salary shall be determined by Council.” Council has not reviewed the presiding judge salary since January, 2019. FINANCIAL IMPLICATIONS: The Court has budgeted for all salary increases within the 2020 annual budget and no supplemental appropriation is required. Judge Jefferson is recommending a total salary increase of $149584.42 for the Presiding Judge position. This will be an increase of $5753.25 to the current salary of $143831.17. Salary comparisons are provided. ATTACHMENTS: Resolution Salary Comparison Page 131 of 427 RESOLUTION NO. SERIES OF 2019 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the Municipal Court Judge; WHEREAS, the City Council has determined that the salary of the Municipal Court Judge shall be adjusted annually to reflect market salary levels of Municipal Court Judges in the Denver Metro Area; and WHEREAS, the Municipal Court Judge, as of January 2019, receives an annual base pay of $143,831.17. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the Municipal Court Judge shall be $XXXXXX commencing January 8, 2020. ADOPTED AND APPROVED this 21st day of October, 2019. ATTEST: _______________________________ Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 132 of 427 PRESIDING MUNICIPAL JUDGE SALARY SURVEY 2019 Salary info provided from salary survey conducted in September 2019 by HR and Judge Jefferson with available info to date. Unless otherwise noted, all salaries are for full time positions and the last known salary. CITY SALARY COMMENTS Arvada $160,000 Aurora $161,975 Boulder $174,193 No DV cases Denver $183,267 Fort Collins $160,519 .75 FTE = 30 hours per week Greeley $154,760 No DV cases Lakewood $164,000 Current as of 10/2018 Littleton $102/hour Court 3 days/week Longmont $156,278 Thornton $162, 069 Westminster $166,615 Englewood $143,831.17 Full time and 5 days/week with DV cases and weekends on call. Assuming only 40 hour work week with 261 working days, hourly is $68.88. Associates and Court Appointed Counsel are paid $75/hour. Page 133 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Voboril, Toni Arnoldy DEPARTMENT: Community Development DATE: October 21, 2019 SUBJECT: Census 2020 Englewood Complete Count Committee and Related Activities DESCRIPTION: Census 2020 Englewood Complete Count Committee and Related Activities RECOMMENDATION: Staff recommends City Council approve by motion the acceptance of two grants, none of which require matching funds, which all serve to provide financial support to the City's efforts to effectively achieve a complete count of persons residing within the City of Englewood, Colorado. SUMMARY: Census 2020 is important to the State of Colorado and the City of Englewood. Population counts will be used to determine: • Number of seats each state receives in the United States House of Representatives • How federal, state, and local legislative districts are redrawn • How the appropriation of federally funded programs are distributed (education, health and human services, transportation, etc.) The United States Census Bureau and the State of Colorado Complete Count Campaign is in the process of reaching out to communities in every part of the United States in support of encouraging the creation of local Complete Count Committees for the purpose of coordinating broad community outreach activities designed to deliver a complete count of all persons within each local community in 2020. Representatives of the Census Bureau and State Complete Count Campaign have worked with the Englewood Communications Division of the City Manager’s Committee. Count Complete local a the establishment regarding Office of Communications staff have regularly attended Arapahoe County local government coordination meetings and have applied for grant funding to be used in local 2020 Census outreach activities. The Communications Division of the City Manager’s Office has applied for a grant from the Colorado State Department of Local Affairs (DOLA) in the amount of $22,363.45. The Communications Division has applied for and has been awarded a grant from the Colorado State Demography Office (SDO) in the amount of $2,500.00. Each grant will reimburse the City for expenditures incurred by the Englewood Complete Count Committee. The Englewood Complete Count Committee will institute the Census 2020 Page 134 of 427 Complete Count Campaign within the City of Englewood. The Census 2020 Complete Count Campaign is focused on the following objectives: 1. Motivate residents in the community to respond to the Census so as to achieve the most accurate population count in Colorado. 2. Increase awareness about Census 2020. 3. Respond to the population’s questions and concerns about the Census. 4. Focus resources on hard-to-count areas and populations, including individuals with the following characteristics: Young children Younger, highly mobile adults Complex households with blended families on non-related persons People of color/ethnic minorities Rural residents Low income households Renters Homeless Foreign born Linguistically isolated households Persons without internet access Persons without high school diploma Older adults ANALYSIS: In order to create the most effective program for reaching the entire community over the course of the Complete Count campaign, the Census Bureau highly recommends the creation of a local Complete Count Committee. The Complete Count committee pulls key representatives from various organizational structures within the community to coordinate community outreach activities, and communicate and promote these activities within the various local organizational structures. The United States Census Bureau outlines a suggested Complete Count Committee structure in the publication entitled 2020 Census Complete Count Committee Guide: • Mayor • City Manager or Deputy City Manager • Council Members from Priority Target Areas • Representatives of Relevant Government Agencies and Departments • Representatives of Community Organizations • Representatives of Faith-Based Organizations • Representatives of Universities/Colleges • Representatives of Foundations/Philanthropic Organizations • Representatives of Business Associations • Representatives of Regional Associations • Representatives of Public School Systems • State and County Complete Count Campaign Representatives Page 135 of 427 A timeline of Complete Count activities scoped in the grant applications has been included as an attachment. City staff will begin working immediately to identify and contact relevant individuals to ask for their participation on the Englewood Complete Count Committee, using the Census Bureau suggested Complete Count Committee example as a guide. Community activities and events will take place during the first, second, and third quarters of 2020. FINANCIAL IMPLICATIONS: The Communications Department has applied for the following grants: • Colorado State Department of Local Affairs (DOLA) in the amount of $22,363.45 The Communications Department has applied for and has been awarded a grant from the following: • Colorado State Demography Office (SDO) in the amount of $2,500.00 The grants will reimburse the City for expenditures incurred by the Englewood Complete Count Committee based on the approved events and activities as outlined in the awarded grant. Depending on the timing of the Englewood Complete Count Committee expenditures in 2019/2020 and the available budget, a budget supplemental will occur upon approval of the Resolution in the amount of the approved grants and will not exceed the grant funding reimbursed to the City. The grant budgets are included as attachments. The Englewood Complete Count Committee will not utilize any City general funding to support committee events and activities. ATTACHMENTS: Att. A: Englewood Complete Count Committee 2020 Census Count Timeline Att. B: Englewood Complete Count Committee Budget Funded by Grant from DOLA Att. C: Englewood Complete Count Committee Budget Funded by Grant from SDO Page 136 of 427 Page 137 of 427 Page 138 of 427 Page 139 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: October 21, 2019 SUBJECT: Professional Services Agreement for Trolley Operations DESCRIPTION: Professional Services Agreement for Trolley Operations RECOMMENDATION: Staff recommends City Council approve, by motion, a Professional Services Agreement with MV Transportation, Inc. for the 2020 management, operation, and maintenance of the Englewood Trolley. The Agreement is in the amount of $374,361. PREVIOUS COUNCIL ACTION: Council approved by Motion, in August 2004, a contract for transit services with Laidlaw Transit Services and subsequently extended this contract by Resolution No. 87, Series of 2005, by Resolution No. 77, Series of 2006, by Motion on December 3, 2007, by Motion on March 3, 2008, and by Motion on April 6, 2009. Council approved by Motion on December 21, 2009, a contract for transit services with MV Transportation, Inc., and subsequently extended the contract by Motion on February 22, 2011, by Motion on March 5, 2012, by Motion on February 4, 2013, by Motion on March 17, 2014, by Motion on February 2, 2015, by Motion on March 14, 2016, by Motion on March 6, 2017, by Motion on April 2, 2018, and by Motion on February 4, 2019. SUMMARY: In June 2019, the City issued Request for Proposals 19-038 (RFP) to provide operational services for the Englewood Trolley for 2020, to which MV Transportation was the only vendor to respond. City and RTD staff reviewed their proposal, found that it met the criteria of the RFP, and deemed the response acceptable. In August 2019, MV Transportation was notified that their bid was accepted and would be awarded the 2020 trolley contract, subject to approval by City Council. FINANCIAL IMPLICATIONS: The Professional Services Agreement is for the 2020 management, operation, and maintenance of the Englewood Trolley in the amount of $374,361. Estimated 2020 fuel costs are $31,920. RTD has committed to reimburse the City $321,281 for the 2020 operation and fuel costs. The City's 2020 total expense for the trolley, operation and fuel, after RTD's reimbursement, is $85,000. In 2019, the City expense was $78,000; this figure is based upon an on-board survey conducted on a random day (never of Monday or Friday). The survey is conducted over the Page 140 of 427 course of the full service day and asks questions about how customers pay. If the customers are transferring to/from an RTD service, are free under RTD services, or have a RTD fare media such as a bus pass, these customers are not counted. The remaining customers who would pay a fare are counted and a percentage established from the daily ridership. This percentage is applied for the year, it is estimated that roughly 40 to 45% of riders would pay a f are. RTD has established an average fare capture rate over the entirety of its operation and this is applied to the percentage of riders that would pay a fare for the year thus equating the amount the City is responsible for each year. Staff will bring forward the 2020 IGA between RTD and the City of Englewood for Council's consideration once it is received from RTD's legal counsel. The agreement with MV Transportation maintains the same level of service for days of operation, Monday through Friday, at no cost to patrons; however, hours of operation will return to 6:30 am to 6:30 pm. ATTACHMENTS: Contract Approval Summary Professional Services Agreement Request for Proposal 19-038 MV Transportation's Response to RFP Revised Cost Proposal - Option 1 Page 141 of 427 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Wade Burkholder Phone: 303.762.2341 Title: Planning Manager Email: wburkholder@englewoodco.gov Vendor Contact Information Vendor Name: MV Transportation, Inc. Vendor Contact: Bill Hipp Vendor Address: 2711 N Haskell Avenue, Suite 1500 LB2 Vendor Phone: (303) 761-3145 x302 City: Dallas Vendor Email: charles.hipp@mvtransit.com State: TX Zip Code: 75204 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 1/1/2020 End Date: 12/31/2020 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $ 374,361 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Two, one-year options to renew Payment terms (please describe terms or attach schedule if based on deliverables): Payment will be made within 30 days of received invoice. Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Operation and Management of the Englewood Trolley for 2020. Page 142 of 427 Contract Approval Summary March 2019 Update Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☒ RFP Evaluation Summary Attached ☒ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood CAPITAL ONLY A B C 1 = A‐B‐C Capital Operating Year Tyler / New World Project # / Task# Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining O 2020 2 801 54213 Transportation 379,159.00$ ‐$ 374,361.00$ 4,798.00$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Total by Fund ‐ Current Year 379,159.00$ ‐$ 374,361.00$ 4,798.00$ C ‐$ ‐$ ‐$ ‐$ O ‐$ ‐$ ‐$ ‐$ Total by Fund ‐ Year Two ‐$ ‐$ ‐$ ‐$ Grand Total 379,159.00$ ‐$ 374,361.00$ 4,798.00$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment ‐ Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Page 143 of 427 Page 144 of 427 Page 145 of 427 Page 146 of 427 Page 147 of 427 Page 148 of 427 Page 149 of 427 Page 150 of 427 Page 151 of 427 June 14, 2019 SUBJECT: NOTICE INVITING PROPOSALS FOR ENGLEWOOD TROLLEY OPERATIONS CITY OF ENGLEWOOD, COLORADO To Whom It May Concern: The City of Englewood is seeking the services of a qualified firm for management, operation, and maintenance of the Englewood Trolley. Attached is a copy of the Request for Proposal for the above referenced services. After reviewing the Request for Proposal, any questions that you may have should be emailed to eboyd@englewoodco.gov The deadline for submitting questions is 4:00 PM MDT, Friday, June 21, 2019. Deadline for submitting proposals is 2:00 PM MDT, Thursday, July 11, 2019. Sincerely, Wade Burkholder Planning Manager Attachment: Request for Proposal Page 152 of 427 CITY OF ENGLEWOOD REQUEST FOR PROPOSALS ( RFP ) RFP-19-038. TO PROVIDE OPERATIONAL SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO June 2019 Page 153 of 427 TABLE OF CONTENTS NOTICE REGARDING DISCLOSURE………………………………………………... 1 SECTION 1 INVITATION FOR PROPOSALS……………………………………… 2 SECTION 2 BACKGROUND AND OVERVIEW……………………………………. 3 SECTION 3 SCOPE OF WORK………………………………………………………. 3 SECTION 4 OPTIONAL STANDARDS …………………………………….….……. 12 SECTION 5 PERFORMANCE STANDARDS…………………………………….…. 12 SECTION 6 EVALUATION PROCEDURES AND CRITERIA……………………. 13 SECTION 7 INSTRUCTIONS, CONDITIONS, AND CONTENT………………..… 15 SECTION 8 QUESTIONS……………………………………………………………… 19 SECTION 9 BIDDERS CHECKLISTS……………………………………………...… 19 EXHIBIT A GENERAL PROPOSAL TERMS AND CONDITIONS………………. 21 EXHIBIT B MAPS…………………………………………………………………….. 26 EXHIBIT C RTD BUS INFRASTRUCTURE STANDARD DRAWINGS ……….. 28 EXHIBIT D VEHICLE SPECIFICATIONS………………………………………….. 29 EXHIBIT E PROPOSAL FORMS…………………………………………………….. 30 Page 154 of 427 1 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT All responses to this Request for Proposals (RFP) accepted by the City of Englewood (CITY) shall become the exclusive property of the CITY. At such time as the Director of Community Development recommends a CONTRACTOR to City Council, and such recommendation, with any recommended contract appears on the Council agenda, all proposals accepted by the CITY should become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the BIDDER as business or trade secrets and plainly marked as “Trade Secret”, “Confidential” or “Proprietary”. Each element of a proposal, which a BIDDER desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the CITY in any way whatsoever. If disclosure is required, permitted under the Colorado Open Records Act, or otherwise by law, the CITY shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Page 155 of 427 2 CITY OF ENGLEWOOD REQUEST FOR PROPOSALS ENGLEWOOD TROLLEY OPERATION SERVICES SECTION 1 – INVITATION FOR PROPOSALS The CITY is seeking the services of qualified firms for management, operation, and maintenance of the Englewood Trolley (Trolley). The Englewood Trolley currently operates between the CityCenter Englewood light rail station, downtown Englewood, and the Craig Hospital/Swedish Medical Center Complex. (See Exhibit B) The Trolley staff must display excellent, friendly customer service, and the service must be reliable and easy to use. Standards of cleanliness and professional presentation are very high, as the service must reflect the CITY’S high standards for public service delivery. The CITY is an equal opportunity employer. Qualified firms owned by women, minorities, and individuals with a disability are encouraged to submit a proposal. While the CITY favors economy and efficiency in all services paid for with public funds, price is not the only relevant factor in the CITY’S choice for a CONTRACTOR. After an evaluation of all portions of the proposal including, without limitation, the BIDDER’S experience, equipment, terms of services, references and price, the BIDDER who proposes the lowest price for services required may not necessarily be awarded the contract. The CITY reserves the right to choose a CONTRACTOR who demonstrates the ability to provide the highest quality of service at a fair price. The CITY reserves the right to reject any and all proposals or any part thereof, and to award the contract to the most responsive and responsible BIDDER(s) as deemed in the best interest of the CITY. BIDDER shall submit one unbound original, four (4) bound copies, and one electronic version in PDF format, of their proposal with all the required forms and attachments no later than 2:00 PM MDT, Thursday, July 11, 2019 to: Eva Boyd, Procurement Administrator Finance Department City of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 Proposals received after the submission deadline will not be considered under any circumstances and will be returned unopened. Sole responsibility rests with the respondents to ensure the proposal is received according to these requirements. Modifications to the proposal will only be permitted prior to the submission deadline. A proposal may also be withdrawn prior Page 156 of 427 3 to the submission deadline by telephone, e-mail, or in person by a respondent or an authorized representative, provided identification is supplied and a receipt is signed for the proposal. The CITY expects to enter into a contract with an initial term of one year effective January 1, 2020 and end midnight, December 31, 2020. In the event that circumstances beyond the control of the BIDDER would prevent initiation of services on January 1, 2020, the first year contract term will be adjusted accordingly. Thereafter, the Contract shall renew each year on January 1, for two consecutive one-year terms, subject to the termination provisions of the contract. The contract is subject to annual budget and appropriation by the CITY and its partner, the Regional Transportation District (RTD). SECTION 2 – BACKGROUND AND OVERVIEW The goal of the Trolley service is to provide easy accessibility among key employment and activity centers in the CITY and to the RTD light rail service, while complementing the service currently provided by existing RTD bus routes. Specific markets the Trolley addresses include employee commutes, students to/from school, lunch hour accessibility to Englewood retail and restaurants, better access for residents of Englewood, particularly those more dependent on transit, to activity centers in the area, and promoting Englewood businesses, particularly along Broadway between Floyd and Hampden and connection to other regional RTD routes. The Trolley averaged 25.8 boardings per hour in 2018. This RFP is requesting Trolley service be provided under the following assumptions: Operating Category Round Trip Length Weekdays Operated Annually Headways Number of round trips per day Number of Operating Hours assumed Operating hours Vehicles operating simultaneously Vehicles Needed Annual Passenger Boardings Annual Vehicle Miles Annual Vehicle Hours 3 miles 255 20 minutes 22 per vehicle, 44 total system 13.5 6:30 a.m. 8:00 p.m.* 2 3 (2 plus 1 spare) 200,000 system total 54,582 system total 6,885 system total *Please see Section 4: As a part of this RFP, the CITY is seeking details on potential extension of operating hours and an additional route. No service will be provided on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Saturdays, and Sundays, unless the CITY chooses to add a route or additional hours. Page 157 of 427 4 SECTION 3 – SCOPE OF WORK The CITY is seeking the services of qualified firms to provide the Trolley service per the following scope of work: The Trolley service will operate utilizing CONTRACTOR owned vehicles. The Trolley will operate using fuel supplied by the CITY, located at the Englewood Service Center, 2800 South Platte River Drive, Englewood, Colorado. The CONTRACTOR should have knowledge of Federal, State and Local rules and regulations and the ability to perform the required reporting and accounting function to ensure the CITY’S compliance with these rules and regulations including but not limited to the provisions of the Americans with Disabilities Act (ADA). Potential new stops will be required to comply with ADA standards and RTD Bus Infrastructure Standard Drawings (2016). See Exhibit C. CONTRACTOR shall be responsible for management and operation of the Trolley. CONTRACTOR shall manage the Trolley in accordance with the guidelines and parameters established herein and the attachments hereto. CONTRACTOR shall continually monitor program services, and as warranted, make recommendations to the CITY on performance improvement. CONTRACTOR shall report ridership data and other requested information to the CITY as outlined below in part O, on basis agreed to by the CITY and CONTRACTOR. CONTRACTOR shall provide all facilities, equipment, and services required for the operation and management of services unless specifically identified to be contributed by the CITY in this RFP. CONTRACTOR shall coordinate, manage, and control all necessary program activities, which shall include: maintain all vehicles, provide vehicle operators and all project personnel, train personnel as necessary, develop administrative procedures, compile financial and non-financial records, and develop methods to improve effectiveness and maximize service efficiency. CONTRACTOR will obtain and provide all required State and Local permits and will ensure that all vehicle operators are properly licensed for service they are providing. CONTRACTOR must also have all applicable State and Local business licenses or procure them prior to the start of service. A) Legal and Regulatory Requirements In performance of the services described herein, CONTRACTOR shall be responsible to comply with all applicable Federal, State, and Local requirements, including but not limited to: 1. Drug and Alcohol Testing: The CONTRACTOR agrees to establish and implement a drug and alcohol testing program that complies with 49CFR Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating Page 158 of 427 5 administrations, the State Oversight Agency of Colorado, or the CITY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. 2. Americans with Disabilities Acts: All service provided by the CONTRACTOR on behalf of the CITY shall comply with the applicable requirements of the Americans with Disabilities Act (ADA). The CONTRACTOR will submit for CITY’S review and approval an ADA program and documents used for operator training. 3. National Transit Database (NTD) FTA Reporting Requirements: The CONTRACTOR shall propose how they will meet any NTD reporting requirements and fulfil any requests for information needed to meet those. B) Vehicles and Equipment All vehicles and vehicle equipment required by this RFP shall be maintained by the CONTRACTOR in good repair and in a condition satisfactory to the CITY. The CONTRACTOR shall assume all responsibility for the proper maintenance of the vehicles. The CONTRACTOR must comply with all applicable federal and other statutes and regulations governing their use. BIDDERS must include a detailed description of the CONTRACTOR vehicles to be utilized for the Trolley including current condition, year, make, model, mileage, number of seats, type of air conditioner and number of wheelchair tie-downs. CONTRACTOR vehicles must be available for inspection by CITY staff prior to contract award. CONTRACTOR’S vehicles need not be new but the fleet’s average age must be three years or less, with a maximum of five years. Specifications for vehicles are listed on Exhibit D. Vehicles utilized in the fleet will be required to have the primary two vehicles exteriors equipped with the CITY designed marketing scheme. CONTRACTOR must coordinate and have in place, application of the marketing graphics on all vehicles no later than ten (10) working days prior to start of operations. All vehicles used in the operation of the Trolley shall be equipped with a two-way communications system between the dispatcher and vehicle and shall have adequate air conditioning. All vehicles shall have passed the annual emissions inspection required by the State of Colorado. The CONTRACTOR shall not place any advertising on or within the vehicles unless written authorization is first obtained from the CITY. The terms and conditions of any approved advertising shall be subject to CITY approval, with all CITY decisions being final. The CONTRACTOR shall at all times have a vehicle available for use as back up in the event that one of the primary vehicles is unable to operate. Whenever a primary vehicle is disabled, the CONTRACTOR shall dispatch a backup into service within 30 minutes of the time when the disability first occurs. The back-up vehicle shall meet the same criteria as those of the primary vehicles, with the exception of vehicle graphics, in which case the words “ENGLEWOOD Page 159 of 427 6 TROLLEY” or other trolley logo (supplied by CITY) shall be displayed in the window, or other temporary markings that the CITY agrees to in advance. C) Vehicle Maintenance CONTRACTOR shall be responsible for the maintenance of all vehicles, communication systems and other equipment required in connection with its operation of the Trolley services. Said equipment shall be maintained in a safe and operable condition at all times and in accordance with manufacturer’s recommended maintenance procedures as well as with applicable Federal and State regulations. CONTRACTOR shall establish and maintain a systematic program of preventive vehicle maintenance. Each vehicle must receive a daily pre-trip inspection by the operator prior to being placed in service. Daily pre-trip inspections must be supplemented by regular time and mileage maintenance inspections to ensure safe and proper operating condition of vehicles. A record of all such inspections, repairs, and work orders shall be kept by CONTRACTOR and made available to the CITY upon request. The CITY reserves the right to audit the CONTRACTOR’S conformance with said maintenance program documentation as well as vehicle condition and overall performance of the maintenance system. Throughout the term of this contract, the CONTRACTOR shall, at all times and at its sole expense, cause all components of each vehicle to be maintained in safe and proper working condition, free from damage or malfunction. At its expense, the CONTRACTOR shall cause any vehicle damaged by collision or otherwise to be repaired as expeditiously as possible. Any vehicle, which sustains damage or experiences failure impairing safe mechanical operation shall be removed from service immediately, and shall not be reassigned until restored to safe operating condition. A vehicle removed from service permanently shall be replaced meeting original vehicle specifications immediately. The CONTRACTOR shall maintain vehicles in a clean and neat condition at all times. The interior of all vehicles shall be kept free of litter and debris to the maximum practicable extent throughout the operating day. D) Personnel The CONTRACTOR shall be solely responsible for the satisfactory work performance of all employees and for meeting any reasonable performance standards describe in the RFP or established by the CITY. The CONTRACTOR and its employees, subcontractors, and agents engaged in the performance of this project are not employees of the CITY. The CONTRACTOR shall be solely responsible for payment of all its employees’ and/or subcontractor’s wages and benefits, in accordance with the payment schedules established for this project. CONTRACTORS’ personnel wages and work hours shall be in accordance with the local, county, and State regulations affecting such personnel. Page 160 of 427 7 Without any expense to the CITY, the CONTRACTOR shall comply with the requirements of employee liability, worker’s compensation, employment insurance, and Social Security. The CONTRACTOR shall hold harmless the CITY from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices. CONTRACTOR shall prepare and furnish to the CITY and to all vehicle operators, dispatchers, telephone operators, and supervisors a VEHICLE OPERATOR’S MANUAL. Contents of the VEHICLE OPERATOR’S MANUAL shall include the following subject areas: vehicle operator’s rules; accident/incident policy and reporting procedures; radio policies and procedures; vehicle inspection, care and maintenance policy and procedures, reporting procedure, and pertinent sample forms. CONTRACTOR personnel shall be trained in customer relation skills, accident/incident procedures, handicap accessible skills and shall have a detailed knowledge of applicable procedures and professional techniques. E) Project Manager The Project Manager will provide both on-line supervision and the management of the project’s accounts and operating records and will report directly to and coordinate closely with the CITY. The Project Manager shall be available by telephone or in person during all hours of the operational day to make decisions or provide coordination as necessary at the request of the CITY. At other times, or in the event of the Project Manager’s absence, another responsible person shall be identified so that there is someone with the authority to make decisions at any time during the operational hours. BIDDER shall describe the entire local project team and years of experience to be used to provide the Trolley services required in this RFP. After submission of the RFP, Project Manager must be available to answer questions from the CITY regarding their experience and capabilities pursuant to the services requested in this RFP. F) Vehicle Operators Vehicle operators shall work on a schedule that will ensure a consistent and overall high quality of service. BIDDERS shall indicate their hiring standards in their proposal. All vehicle operators must meet Section 3A Drug and Alcohol Testing standards, as well as the minimum standards listed below: 1. Not having been convicted of driving while intoxicated or under the influence of controlled substances within the preceding five years, or not have criminal charges pending for an offense for driving while intoxicated or under the influence of controlled substances. 2. Not have accumulated more than five (5) points on any State issued driver’s license in the past five (5) years. Page 161 of 427 8 3. Not be addicted to the use of alcohol or controlled substances. 4. Not be subject to outstanding warrants for arrest. 5. Able to read, write and speak English. Bilingual skills in Spanish or other languages are highly desirable. 6. Thorough knowledge of the service area and the street network associated with the Trolley service area in Englewood. 7. Sensitive to passengers’ needs, including assisting passengers in boarding and alighting, upon their request. 8. Able to handle complaints and problems as required. 9. Vehicle operators must be trained in all operational procedures relating to the services provided, including a minimum of 40 hours of training on: a) Colorado motor vehicle laws, local municipality regulation, (CDL permit testing, CDL pre-trip, CDL maneuvers, CDL road test when required). b) Defensive Driving (8 hours minimum). c) Route maps and instructions. d) Schedules, pullouts, destination codes, timed transfers, etc. e) Accident and incident procedures and reports. f) Fare box: logging on, fares, transfers, tickets, passes, etc. (if applicable). g) Radio/communication procedures. h) Passenger relations, customer service and information, diversity issues, security awareness. i) Lift procedures, loading and securing mobility devices, blind passenger exercises, calling transfer points/ major intersections. j) ADA regulations, service animals, elderly. k) Testing throughout training to measure retention, final exam, service changes, uniforms, timepieces, rules and regulations, regular safety meetings, on-going training. Page 162 of 427 9 Vehicle operators shall be in a uniform acceptable to the CITY, as described below, including nametags clearly displaying their name while performing their duties. Operators should present a professional appearance at all times consisting of a CONTRACTOR approved uniform. Drivers will, when requested by CITY, distribute notices to passengers or otherwise render assistance in CITY’S monitoring and supervising operations. All customer requests and complaints received by the CONTRACTOR or CITY shall be documented on the CITY of Englewood Customer Service Form. CONTRACTOR shall fully investigate all requests and complaints and return, on or before the scheduled due date, the results of the investigation. G) Vehicle Dispatching CONTRACTOR shall be responsible for maintaining radio/communications control of all vehicles in-service and for maintaining the daily dispatch log. Each vehicle shall have a two- way radio or other communication device. Once the vehicle leaves the CONTRACTOR’S operating facility, the operator shall communicate with the CONTRACTOR’S project manager or designated representative for all service related communication. CONTRACTOR shall provide phone number to facilitate immediate communication between CONTRACTOR Project Manager and the CITY. H) Fare Collection CONTRACTOR shall record all boardings and shall report ridership figures monthly to CITY in accordance with the established reporting schedule. At the present time fares are not collected, however, the CITY reserves the right to impose, change, or eliminate the fare, and/or conduct fare reconciliation audits. The CITY will notify the CONTRACTOR 60 days in advance if the CITY decides to implement a fare system. If fares are imposed, the CONTRACTOR vehicle operators will collect fares for each one-way trip, record and deposit all fare revenues. The total amount of the fares collected is to be retained by the CONTRACTOR and deducted from CONTRACTOR’S monthly service invoice. CONTRACTOR shall provide CITY with copies of all individual daily Deposit Slips and Bank Deposit Advisees and the monthly Bank Account statement. This information shall be submitted to the CITY for reconciliation of the daily deposits. The CITY will periodically audit the amount of fares being reported through fare box data, random audits, and other information available. Retained fares for Trolley services provided pursuant to this Contract shall be exempt from sales or use taxes imposed pursuant to Article 26 of Title 39, C.R.S. CONTRACTOR shall not otherwise be exempt from property, sales, income, excise, or other taxes levied by Federal, State, or Local governments. Page 163 of 427 10 I) Vehicle Deployment In the event of a vehicle failure, CONTRACTOR shall deploy a vehicle within 30 minutes to replace the failed vehicle. The time the Trolley is out of service shall not be charged to the CITY on the monthly invoice. J) Safety Program CONTRACTOR shall assume full responsibility for assuring that the safety of all passengers, operations personnel, and the CITY vehicles and equipment are maintained at the highest possible level. CONTRACTOR shall comply with all Colorado Highway Patrol, ADA, and OSHA requirements. K) Accident, Emergency, and Incident Procedures The CONTRACTOR shall be responsible for the enforcement of policies with regard to operational emergencies. The CITY may revise or establish additional policies. The CONTRACTOR shall be responsible for the handling and resolution of all operational emergencies and contingencies including, but not limited to, the following: 1. Hazardous Conditions Vehicle operators shall report all hazardous road conditions (i.e. downed trees, missing bus signs, graffiti on bus benches, malfunctioning signals, etc.) in the CITY to the CONTRACTOR’S Project Manager. CONTRACTOR, in turn, shall immediately notify the CITY of such conditions and shall take necessary precautions to safeguard passengers and personnel. 2. Medical Assistance to Passengers The CONTRACTOR’S employees shall use good judgment in responding to passenger accidents, injuries, or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the vehicle operator shall immediately advise the CONTRACTOR’S Project Manager by radio of the situation and location of the vehicle and the Project Manager shall notify the CITY’S Fire Department/Paramedics for assistance. An incident report shall be completed documenting the incident with a copy to the CITY no later than the start of the next service day. 3. Accidents The CITY requires CONTRACTOR to have an accident and emergency notification program that keeps the CITY notified of accidents or emergencies and the progress of claims to assure CITY claims are promptly and fairly handled. The CONTRACTOR shall require all vehicle operators to report any accident or incident involving the vehicle to the CONTRACTOR’S Project Manager. The supervisor shall use good judgment in handling the situation, and shall notify police or fire department if necessary. All accidents must be reported to the CITY by telephone within three hours or at the beginning of the next business day, if accident occurs at night, and in writing within 24 hours. CONTRACTOR will complete an accident report approved by CITY with a copy to the CITY no later than the start of the next service day. The CONTRACTOR shall submit all accident –related Page 164 of 427 11 reports to the DMV as required. CONTRACTOR must assume all liability for accidents and workers’ compensation claims, etc. L) Operations and Maintenance Facility The CONTRACTOR shall have an operations and maintenance facility sufficient to enable the CONTRACTOR to effectively manage and operate the Trolley service. CONTRACTOR should identify and describe proposed facility. Contractor will also outline their proposed cleaning program for the interior and exterior of the vehicles. M) Indemnification The CONTRACTOR agrees to indemnify, hold harmless, release and defend the CITY, City Council and each member thereof, its officers, employees and representatives from any and all liability, loss, judgments, suits, claims, damages, costs and expenses (including attorney’s fees and litigation costs) which directly or indirectly result from or arise out of: (a) any activity, use or performance of this program; (b) any acts, errors or omissions of the CONTRACTOR, its employees, subcontractors, agents, etc. in conjunction with this project; or (c) any relationship between the parties. The release indemnity will cover, but is not limited to personal injury or death, property or other damage sustained by persons or corporations from any act whatsoever. The CITY makes no warranties with regard to the CONTRACTOR regarding loss or damage of any kind during the performance of the project. N) Insurance All insurance carriers offered to meet CITY requirements shall be admitted to do business in Colorado. See Exhibit A for details of Insurance requirements. O) Records and Reporting CONTRACTOR shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for the CITY pursuant to this RFP on computer and in hardcopy file for at least three (3) years following the date of final payment to CONTRACTOR by CITY. Any authorized CITY representative must have access to such records for the purpose of inspection, audit, and copying at reasonable times during CONTRACTOR’S usual business hours. All project records prepared by the CONTRACTOR shall be owned by the CITY and shall be made available to the CITY at no charge. The CONTRACTOR shall certify as accurate all information given to CITY. All costs incurred in connection with this project and any relevant financial records and documents shall be recorded in accounts separate from those used for other business activities. Summary reports shall be provided monthly to the Community Development Planning Manager. The monthly reports shall be received no later than the 10th calendar day of the following month. The format to be used for these monthly summaries shall be developed by the CONTRACTOR in cooperation with the CITY. Contractors should provide a sample monthly report in their proposal. Page 165 of 427 12 1. Daily Records Vehicle trip sheets shall be maintained by vehicle operators. The reports are to be retained by the CONTRACTOR to be used in compiling the monthly reports. From time to time, the CITY may request copies. BIDDERS should provide a sample vehicle trip sheet in their proposal. 2. Logs Logs shall be compiled daily; and cover each vehicle operator, vehicle number and vehicle shift. The log shall include odometer readings, total hours, revenue hours, or billing hours, total miles, first pick-up, and last drop off for each shift, and indicating times of lunches, breaks, road calls and any other service interruptions. BIDDERS should provide a sample dispatch log in their proposal. 3. Accounting The Project Manager shall submit a monthly invoice to the CITY for the services rendered during the reporting period. All invoices and related records will be available for inspection and /or independent audit at the election of CITY. SECTION 4 – OPTIONAL ADDITIONS The CITY is interested in exploring expanding its Trolley services for future years. The CONTRACTOR is requested to provide cost estimates for the following optional additions to the scope: 1. Additional Day for Current Trolley Route: Monday – Saturday 6:30 AM – 8:00 PM 2. Additional Day and Extension of Hours for Current Trolley Route: Monday, Tuesday Wednesday 6:30 AM – 8:00 PM Thursday, Friday, Saturday 6:30 AM – 9:00 PM 3. Addition of a Second Route as Shown on Exhibit B SECTION 5 – PERFORMANCE STANDARDS Services provided by the CONTRACTOR shall be operated to maximize productivity and service quality for the customer. The following performance criteria and standards shall be monitored monthly (a minimum of 40 trips) and evaluated at the beginning of each contract year. Standards may be adjusted to conform to the overall annual goals of the City and/or actual results of prior year’s activities. A) On-Time Performance Performance Standard: The CONTRACTOR shall maintain on-time performance within zero (0) minutes early and five (5) minutes late of scheduled times. Page 166 of 427 13 B) Missed Trips Performance Standard: The CONTRACTOR shall “complete” scheduled trips in their entirety and within 10 minutes of scheduled time. Ninety-nine percent (99%) of all scheduled trips will be “completed,” on a monthly basis, to meet this standard. C) Miles Between Road Calls Performance Standard: On a monthly basis, CONTRACTOR will maintain at least nine thousand (9,000) miles between mechanical road calls for buses used in the service to meet this standard. A “mechanical road call” shall be defined as any occasion when a mechanical failure (including a malfunctioning wheelchair lift and/or securement device) on a bus requires technical or supervisory assistance and/or delays by 5 minutes or more, or terminates a scheduled trip. D) Preventative Maintenance Inspections Performance Standard: 100% of preventative maintenance inspections must be completed within five hundred (500) miles of scheduled interval to meet this standard. E) Complaints Performance Standard: No more than one complaint for every 1,000 passenger boardings will be received by the CONTRACTOR and the CITY to meet this standard. All customer complaints will be sent to CONTRACTOR by the CITY on the same day as the incident, or the following morning if the incident occurs after 8:00 p.m., and addressed by the CONTRACTOR to the CITY’S satisfaction within two days of the incident to meet this standard. F) Safety Performance Standard: CONTRACTOR shall not experience more than 1.5 preventable passenger and vehicular accidents per 100,000 miles traveled to meet this standard. National Safety Council definitions of preventability shall be employed when assessing performance against this standard. G) Monthly Reports and Record Keeping Performance Standard: Submission of required monthly reports and documentation of required vehicle maintenance is due within 10 days of the end of the month to meet this standard SECTION 6 – EVALUATION PROCEDURES AND CRITERIA An Evaluation Team selected by the CITY will conduct the evaluation of proposals. The team will evaluate the proposals based on their responsiveness to CITY requirements and needs. As part of the evaluation process, interviews with the CONTRACTORS, inclusive of the recommended Project Manager, may be conducted. Page 167 of 427 14 The CITY reserves the right to act as sole judge of the content of the proposals submitted for evaluation and selection, and reserves the right to reject all proposals, waive any irregularity in any of the proposals, or cancel or delay the project at any time. While the CITY favors economy and efficiency in all services paid for with public funds, price is not the only relevant factor in the CITY’S choice of a CONTRACTOR. After an evaluation of all portions of the proposal including, without limitation, level of experience, equipment, terms of service, references and price, the BIDDER who proposes the lowest price for the services required may not necessarily be awarded. Evaluation of the proposals will be based on the competitive selection process, in which the evaluation of proposals will not be limited to price alone, but to the four criteria outlined below. This RFP has been structured to provide specific requirements, which functions as a standardized framework for evaluation of prospective CONTRACTOR’S qualifications. Proposal instructions, conditions, and content are outlined in Section 6 of this RFP. The Evaluation Team will grade and rank responsive proposals in accordance with the following evaluation criteria: A) Criteria 1. Staffing and Personnel Program 35% Emphasis will be placed on the Project Team, and in particular, the Project Manager, ability of described training programs to deliver excellent customer service on the Trolley, and demonstrated safety record. Consideration will also be given to cleanliness and professional presentation of service; scheduling; vehicle operator; vehicle deployment and daily/monthly project reporting; ability to track and report to CITY the ridership data of service; the location and description of the vehicle maintenance facility; adequacy of computer and phone system; demonstrated experience in similar projects; references; understanding of program and system requirements; and ability to meet program and system performance goals, as well as comply with all technical and administrative requirements. Accounting, reporting and insurance will also be considered. 2. Cost 25% 3. Experience and Technical Competence 40% Emphasis will be placed on BIDDER’s capability to manage and operate an efficient, professionally presented, and high-quality service. The firm’s organizational structure, history, list of owners and officers, capabilities and experience, and management philosophy will be considered. References will also be considered. 4. TOTAL 100% Page 168 of 427 15 SECTION 7 - PROPOSAL INSTRUCTIONS, CONDITIONS, AND CONTENT All proposals shall be firm offers and may not be withdrawn, or modified, for a period of four (4) months following the date of received proposals. The following shall be considered an essential part of this RFP. A) Submission of Proposals BIDDER shall submit proposal, which shall include at minimum those items outlined in Paragraph D of this section. BIDDER is encouraged to respond to all requirements contained in this RFP to facilitate a comparative evaluation at the CITY’S sole discretion. Proposals must be submitted with all attachments. Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or provide information requested may result in rejection of the proposal. The CITY reserves the right to request further information from the BIDDER, either in writing or orally, to establish stated qualifications. Submission of proposals shall constitute acknowledgement and acceptance of all and conditions contained in this RFP and all forms and appendices attached hereto. All responses become the property of the CITY. B) Tentative Schedule 1. Issue RFP 2. Deadline for submitting email questions 3. Sealed proposals due (non-public opening) 4. Evaluation and selection June 14, 2019 4:00 PM MDT, June 21, 2019 2:00 PM MDT, July 11, 2019 September 2019 (Final selection dependent upon Englewood City Council approval) 5. Contract executed October/November 2019 6. CONTRACTOR starts service January 1, 2020 C) Preparations of Proposals The proposal shall be typewritten, on 8.5” x 11” white paper and bound in a secure manner. Proposal should be as brief as possible, and address each item requested in this RFP. If BIDDER wishes to submit material and data that is not specifically requested, this material must be included in an “Additional Data” section. If an individual submits the proposal, it shall be signed with the full name and address of the BIDDER. If it is submitted by a partnership, it shall be signed with the partnership name and by Page 169 of 427 16 an authorized general partner, and the full name and address of each general partner shall be given. If it is submitted by a joint venture, it shall be signed with the full name and address of each partner thereof. If it is submitted by a corporation, it shall be signed by the president or designated officer of the corporation. Formal proof of authority, such as the corporate resolution is adequate. A simple letter is not sufficient. In all cases, each signature must have the proper acknowledgement of execution attached to the proposal form or included elsewhere in the proposal. More than one proposal from an individual, firm, partnership, corporation, joint venture, or association under the same or different name will not be considered. D) Content of Proposal In order to be deemed responsive, they must include, but need not be limited to the following information: 1. Cover Letter This section shall be on the company letterhead and provide a brief description of the services to be provided, and highlight the major points of the proposal. An individual authorized to bind the company must sign the letter. 2. Experience and Technical Competence This section should include a description of the firm’s organizational structure, history, list of owners and officers, capabilities and experience, and management philosophy. The BIDDER should also provide a list of references of three (3) clients with similar projects, including name, address, telephone numbers, and length and dates of service. BIDDER should demonstrate capability to manage and operate an efficient, professionally presented, and high-quality service. References will be checked. Local references are preferred. Subcontractors should be noted. 3. Financial Viability BIDDER shall provide a financial statement, as prepared by a certified public accountant, for their prior fiscal year, consisting of a balance sheet, profit and loss statement and such other financial statements as may be appropriate, which shall demonstrate that the BIDDER possesses adequate financial ability and stability to enable the BIDDER to fulfill their obligations under the terms of this RFP. If requested by the BIDDER, such information shall be treated as confidential by the CITY and shall not be subject to public disclosure. These documents must depict the financial status of that entity, subsidiary, division, or subdivision thereof, which will actually provide services. If the BIDDER is a partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. Consolidated balance sheets and profit/loss statements depicting the financial status of a Parent Corporation or joint venture shall not be considered an acceptable response. Page 170 of 427 17 The BIDDER must detail an adequate computerized management information system to implement and maintain the data collection accounting and reporting requirements of the RFP, and provide samples of operating and accounting reports to be produced. 4. Insurance The insurance requirements of this RFP will be considered minimum requirements and must be complied with in every respect. Minimum insurance requirements are outlined in Exhibit A – General Proposal Terms and Conditions. BIDDER must state renewal dates and must provide a statement of loss experience for the previous five years. The statement of loss experience must also identify any claims, which may be pending at the present time. 5. Staffing and Personnel Program a) Staffing BIDDER must submit a proposed staffing plan indicating all management and staff employee positions and the number of full-time equivalent employees as each position. The staffing plan shall outline the qualifications and level of responsibility for each. A Project Manager shall be designated and identified with a detailed resume submitted for him or her. The prospective project manager must be available to answer questions from the CITY during the negotiations phases. Failure of the BIDDER to provide the Project Manager indicated in this proposal may be cause for cancellation of contract award or termination of the contract between the CONTRACTOR and the CITY. Staffing plan should indicate number of vehicle operators and management staff committed to the Trolley. b) Personnel Program This section should include wage and benefit schedules for each operator and other associated staff. Describe the program for recruitment, selection, performance review, and training of vehicle operators and dispatchers. Describe both initial and on-going training as outlined in Section 3F9. 6. Operations and Maintenance Program a) Safety Program Document BIDDER’S safety program along with the most recent safety statistics (i.e. accidents per 100,000 miles) for CONTRACTOR operations. b) Operations BIDDER should provide an overall description of the proposed operations: The description should include: Page 171 of 427 18 Description of scheduling and dispatching of vehicles, along with spare location and method for activating spare in case of accident, or in maintenance rotations. Description of fare handling and accounting procedures, if the CITY were to implement a fare system. Description of process for reporting and following up on complaints. Procedures for complying with all the reporting requirements and performance criteria. Include sample forms, if available. BIDDER should describe their experience in using programs or computer software to keep up- to-date vehicle operator’s schedules, logs, user records, or other important records. c) Maintenance Program Describe your vehicle maintenance program such as milestones for routine, and scheduled maintenance. Describe citations from enforcement agencies during the past twenty-four (24) months for operating unsafe/deficient equipment. Additionally, vehicle cleanliness is important to the CITY. Describe your cleaning program for the exterior and interior of the vehicle, and how it will accommodate the Denver Metro area’s seasonal weather variations. d) Start-up Plan The BIDDER shall submit a proposed start-up plan setting forth the sequence of events and associated time requirements proposed to be undertaken from the point of award through the first, full month of system operations under a new contract. e) Operations and Maintenance Facility BIDDER must include the location and a description of the CONTRACTOR’S proposed facility and equipment to be provided in this project. BIDDER shall also detail the distance from the Englewood CityCenter at 1000 Englewood Parkway in Englewood, Colorado. f) Cost Each of the cost forms provided in the Appendix must be submitted as part of the proposal. All forms must be filled out completely and include all the requested information. CONTRACTOR should also indicate an “out of contract” rate for special services. If your proposal does not include all of the above items, it may be deemed non-responsive, and will be rejected from further evaluation. Page 172 of 427 19 SECTION 8 - QUESTIONS Questions regarding this Request for Proposals should be directed via electronic mail only to: Eva Boyd, Procurement Administrator E-mail address: eboyd@englewoodco.gov Ms. Boyd will be the sole point of contact for questions related to this RFP. Contact with any CITY employee or elected official regarding this RFP during the proposal submission and selection process, other than the party specifically designated above, may be grounds for disqualification from consideration. BIDDERS wishing to be copied on relevant questions from potential BIDDERS should email Ms. Boyd with questions by June 21, 2019 at 4:00 p.m. Copies of electronic correspondence will be electronically submitted to each vendor requesting such in the form of a FAQ form, updated frequently, with a final update on July 28 2019. SECTION 9 – BIDDER’S CHECKLISTS Documents _____ Description of services to be provided _____ Scheduling methodology _____ Proposed staff _____ Resume of Project Manager _____ Preventative maintenance program _____ Startup Plan _____ Sample forms, logs, and vehicle trip sheet _____ Description of operating and maintenance location, distance from Englewood _____ Training Programs Rider information plan _____ Financial Statements _____ Insurance Coverage Page 173 of 427 20 Forms _____ Reference Forms _____ Cost Proposal _____ New Vehicle Identification Form (if needed) _____ Used Vehicle Identification Form (if needed) _____ Non-collusion Form Page 174 of 427 21 EXHIBIT A GENERAL PROPOSAL TERMS AND CONDITIONS A) Contract Requirement The CONTRACTOR to whom the contract is awarded shall execute a written contract with the CITY within ten (10) calendar days after notice of the award has been sent by mail to the CONTRACTOR at the address given in the Proposal. The contract/agreement shall be made with the form adopted by the CITY and incorporated in these specifications. The CONTRACTOR warrants that he/she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special District Laws, Ordinances and Regulations that are applicable. B) Conflict within RFP Document CONTRACTOR agrees that if there is a conflict within this document, or a conflict or repetition or ambiguity within the document, the CITY shall be the sole person to decide which information or provision shall govern, to the interest of the CITY. Omissions are not term, conditions, or items for conflict purposes. C) Contract Assignment The CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the CITY. D) Non-Discrimination In the performance of the terms of this contract, the CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ to engage in, discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such person(s). E) Communications Regarding RFP If a CONTRACTOR is doubtful as to the true meaning or intent of any part of the Contract Documents, he/she may submit to the Community Development Senior Planner a written request for an interpretation or a correction thereof. Interpretation or corrections of the Contract Documents shall be made only by addendum duly issued by the Senior Planner, and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents, and such addendum shall be considered a part of, and incorporated in, the Contract Documents. All timely requests for information submitted in writing will receive a Page 175 of 427 22 written response from the CITY. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the CITY. F) Payment Terms The CITY’S payment terms are 30 days from the receipt of an original invoice referencing the CITY’S purchase order number and acceptance of the services. Maximum number of invoices paid per year is twelve (12) and no more than one invoice shall be paid within a 30-day period. G) Ownership of Reports and Data The originals of all studies, reports, exhibits, documents data and/or material(s) prepared and/or used to comply with any section/ condition of these specifications, plus any copies of same required by the agreement to be furnished to the CITY, shall be deemed to be public records which shall be open to inspection by the public and, as such, shall remain the property of the CITY. H) Property Rights Proposals received within the prescribed deadline become the property of the CITY and all rights to the contents therein become those of the CITY. I) Confidentiality Prior to award of the contract, all proposals will be designated confidential to the extent permitted under the Colorado Open Records Act. After award of the contract, or if not awarded, after rejection of all proposals, all responses will be regarded as public records and will be subject to review by the public, with the exception of that portion deemed confidential in Section 6 D 3 Financial Viability. J) Amendments to Request for Proposals The CITY reserves the right to amend the Request for Proposal by addendum prior to the final proposal submittal date. K) Contract Term This contract will cover services provided from January 1, 2010 through December 31, 2010, with two, one-year contract extensions, upon mutual consent of the parties. In the event that circumstances beyond the control of the BIDDER would prevent initiation of services on January 1, 2010, the contract term will be adjusted accordingly. The fee proposed by CONTRACTOR shall be valid for the entire period unless otherwise conditioned in the Proposal. Page 176 of 427 23 L) Non-Exclusive Contract The CITY reserves the right to contract with other Transportation Service firms during the contract term. M) Insurance The CONTRACTOR shall meet the following provisions (Section 1 through 7) relating to insurance coverages. 1) General Conditions – Without limiting the CONTRACTOR’S indemnification of the CITY, CONTRACTOR shall provide and maintain at its own expense the insurance listed under Section 7 Evidence of Coverage below, covering its operations, subject to the following conditions: a) The CITY, its Boards, Officers, Agents, and Employees shall be included as additional insured in all liability insurance policies except for Worker’s Compensation and Professional Errors and Omissions. The CITY shall be named Loss Payee as its interest may appear in all property insurance. b) Such insurance shall be primary with respect to any insurance maintained by CITY and shall not call on CITY’S insurance for contributions. c) With respect to the interests of the CITY, the CONTRACTOR’S insurance shall not be cancelled nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the Risk Manager, City of Englewood, 1000 Englewood Parkway, Englewood, Colorado 80110, and shall contain an unequivocal clause so stating. d) A CITY approved endorsement or copy of insurance policies providing coverage shall be submitted to and approved by the Risk Manager prior to commencement of any work. 2) Worker’s Compensation – The CONTRACTOR shall procure and maintain during the life of the contract, worker’s compensation insurance or a valid certificate of consent to self- insure for all its employees engaged on or at the site of the project; and in case any of the work is sublet, the CONTRACTOR shall require all subcontractor’s to similarly provide worker’s compensation insurance for all the latter’s employees unless such employees are covered by protection afforded by worker’s compensation insurance carried by the CONTRACTOR. 3) Aggregate Limits/ Blanket Coverage – If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of the CONTRACTOR outside these specifications, CONTRACTOR shall give the CITY prompt, written notice of any incident, occurrence, claim, settlement, or judgment against that insurance which may diminish the protection that such insurance affords the CITY. CONTRACTOR shall Page 177 of 427 24 further take immediate steps restoring such aggregate limits or shall provide other insurance protection for such aggregate limits. 4) Modification of Coverage – The CITY reserves the right at any time during the term of any contract executed with the CONTRACTOR pursuant to these specifications to change the amounts and types of insurance required hereunder by giving the CONTRACTOR ninety (90) days written notice. If such change should result in a premium increase in excess of ten (10%) percent to the CONTRACTOR, the CITY agrees to negotiate additional compensation proportional to the increased benefit to the CITY. 5) Failure to Procure Insurance – The CONTRACTOR’s failure to procure or maintain the required insurance shall constitute a material breach of contract under which the CITY may immediately terminate the Agreement or, at its discretion, procure or renew such insurance to protect the CITY’S interests and pay any and all premiums in connection therewith, and recover all monies so paid from the CONTRACTOR, or deduct all monies so paid from payment(s) due to the CONTRACTOR. 6) Underlying Insurance – The CONTRACTOR shall be responsible for requiring indemnification and insurance as it deems appropriate from its employees receiving mileage allowance, contractors, agents, and subcontractor(s), if any, to protect the CITY’S interests, and for ensuring that such persons comply with any applicable insurance statutes. 7) Evidence of Coverage – Evidence of coverage as checked below, having as a minimum the limits shown, must be submitted and approved prior to commencement of work or any tenancy. Amounts shown are Combined Single Limit (CSL). Split limits may be substituted if the total per occurrence equals or exceeds the CSL amount. Description Limits X Worker’s Compensation $250,000 (X) Employer’s Liability (Statutory) ( ) Waiver of Subrogation X General Liability (must be written on an Occurrence Form) $3,000,000 (X) Premises and Operations (Combined Single Limit) (X) Contractual Liability (X) Independent Contractors (X) Products/Completed Operations (X) Broad Form Property Damage (X) Personal Injury (X) Broad Form Liability Endorsement X Automobile Liability (must be written on an Page 178 of 427 25 Occurrence Form) $5,000,000 (X) Owned Automobiles (X) Nonowned/Hired Automobiles (X) Garage Keeper’s Legal Liability X Professional Liability (Errors and Omissions) $1,000,000 (to be in continuous force from date of award until one year after final acceptance of the project) Non-commitment of CITY – This Request for Proposal does not commit the CITY to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract services. The CITY reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interests of the CITY to do so. Public Domain – All products used or developed in the execution of any contract resulting from this Request for Proposal will remain in the public domain at the completion of the contract. Termination – The CITY reserves the right to terminate this agreement upon thirty (30) calendar days from written notice to the CONTRACTOR. Inspections – The CITY reserves the right to inspect the work being accomplished by the CONTRACTOR at any time. Page 179 of 427 26 EXHIBIT B CURRENT TROLLEY ROUTE MAP Page 180 of 427 27 PROPOSED SECOND ROUTE Page 181 of 427 28 EXHIBIT C RTD BUS INFRASTRUCTURE STANDARD DRAWINGS This page is left intentionally blank. Page 182 of 427 Page 183 of 427 Page 184 of 427 Page 185 of 427 Page 186 of 427 Page 187 of 427 Page 188 of 427 Page 189 of 427 Page 190 of 427 Page 191 of 427 Page 192 of 427 Page 193 of 427 Page 194 of 427 Page 195 of 427 Page 196 of 427 Page 197 of 427 Page 198 of 427 Page 199 of 427 Page 200 of 427 Page 201 of 427 Page 202 of 427 Page 203 of 427 Page 204 of 427 Page 205 of 427 Page 206 of 427 Page 207 of 427 Page 208 of 427 Page 209 of 427 Page 210 of 427 Page 211 of 427 Page 212 of 427 Page 213 of 427 Page 214 of 427 Page 215 of 427 Page 216 of 427 Page 217 of 427 29 EXHIBIT D VEHICLE SPECIFICATIONS Vehicles proposed must meet the following minimum or maximum standards: 1. Fuel type: Vehicles must be equipped to utilize gasoline. 2. Seating: Minimum 30 seat ambulatory or 26 plus 2 wheelchairs and tie downs. 3. Class: Cut-away, Body-on- chassis. 4. Year: Fleet should be an average of three years old, with no vehicle older than 5 years old. 5. Emissions: Must provide proof of current emission standards tests. 6. Condition: Interior should be free of any major defects and flaws. 7. Headroom: 8 ft. Minimum 8. Length: 24 ft. Maximum 9. Heat/Air: Working heating and air conditioning units. 10. Lifts: Fully operable wheelchair lift. 11. Bicycle Racks: Must have bicycle racks or other capacity to carry 2 bicycles without Occupying passenger seats. BIDDERS should describe the bicycle rack they propose and where they currently use it in service. BIDDER must ensure the bicycle rack is compatible with the vehicle type specified for this RFP. Note: A) CONTRACTOR vehicles must be available for inspection by City staff or third party prior to contract award. B) No small buses will be accepted. C) No school buses will be accepted. Page 218 of 427 30 EXHIBIT E PROPOSAL FORMS This page is left intentionally blank. Page 219 of 427 31 COST PROPOSAL Trolley Service: Base Service Option 1 Monday – Friday 6:30 am – 8:00 pm Year #1 2020 Year #2 2021 Year #3 2022 Cost per hour Annual Cost Other (Please detail) Total Proposed Annual Cost Trolley Service: Base Service with Addition of Saturday Service Option 2 Monday - Saturday 6:30 am – 8:00 pm Year #1 Year #2 Year #3 Cost per hour Annual Cost Other (Please detail) Total Proposed Annual Cost Page 220 of 427 32 Trolley Service: Base Service with Extended Hours Option 3 Monday, Tuesday, Wednesday: 6:30 am – 8:00 pm Thursday, Friday, Saturday: 6:30 am – 9:00 pm Year #1 Year #2 Year #3 Cost per hour Annual Cost Other (Please detail) Total Proposed Annual Cost Trolley Service: Second Route Option 4 Monday - Friday 6:30 am – 8:00 pm Year #1 Year #2 Year #3 Cost per hour Annual Cost Other (Please detail) Total Proposed Annual Cost Page 221 of 427 33 Trolley Service: Second Route Option 5 Monday – Saturday 6:30 am – 8:00 pm Year #1 Year #2 Year #3 Cost per hour Annual Cost Other (Please detail) Total Proposed Annual Cost Trolley Service: Second Route Option 6 Monday, Tuesday, Wednesday: 6:30 am – 8:00 pm Thursday, Friday, Saturday: 6:30 am – 9:00 pm Year #1 Year #2 Year #3 Cost per hour Annual Cost Other (Please detail) Total Proposed Annual Cost Page 222 of 427 34 CONTRACTOR’S REFERENCE FORM – PART I The contractor shall furnish the following information. Failure to complete all items will cause proposal to be non-responsive and may cause its rejection. Contractor’s Name and Street Address: Contractor’s Telephone Number: ( ) - Facsimile Number: ( ) - E-Mail Address: Contractor’s State Transportation Licenses: Type of Company (Individual, Partnership, or Corporation): If a Corporation, under the law of which state: Years in Business: List the names and addresses of the principal members of the firm and titles of the principal officers of the corporation or company: Number of years’ experience in the public transportation service industry: Page 223 of 427 35 CONTRACTOR’S REFERENCE FORM – PART II Client List for Transportation Services Currently and/or Previously Provided: Client Name: Client Address: Contact Person: Telephone Number: Period of Service: Services provided: Client Name: Client Address: Contact Person: Telephone Number: Period of Service: Services provided: Client Name: Client Address: Contact Person: Telephone Number: Period of Service: Services provided: (USE ADDITIONAL SHEETS AS NECESSARY) Page 224 of 427 36 NEW VEHICLE IDENTIFICATION FORM All BIDDERS shall provide the following information for each type of vehicle the BIDDER proposes to use in this project. BIDDERS must submit photographs of each vehicle’s exterior, including description of interior seating configuration. Attach photographs to this form. FOR NEW VEHICLES: Number of Vehicles Provided: Primary or Back-up Vehicles: Vehicle Type/Model/Manufacturer: Date of Manufacture: Passenger Seating Capacity: Engine/Transmission Type: Overall Length/Width/Height: Wheelchair Accessible? Y/N If yes, how many tie-downs? Wheelchair Equipment (Describe Type/Model/Manufacturer) Bicycle rack available? Y/N (BIDDERS should describe the bicycle rack they propose; where they currently use it in service; and any additional costs associated with it. BIDDERS must also ensure it is compatible with the vehicle type specified for this RFP.) If any used vehicles are proposed, complete Part II of this form. Page 225 of 427 37 USED VEHICLE IDENTIFICATION FORM If used vehicles are proposed by the contractor for use in this project, this form shall be completed. Number of Used Vehicles Provided Item Vehicle 1 Vehicle 2 Vehicle 3 Vehicle used as primary or back-up? Vehicle type Manufacturer/Year Passenger seating capacity Type of engine Wheelchair accessible? Total accumulated vehicle miles Miles since last overhaul Tire condition Bicycle rack available? If vehicle is equipped with a wheelchair lift, describe type/model/manufacturer and attach photograph. BIDDERS should describe the bicycle rack they propose, where they currently use it in service, and any additional costs associated with it. BIDDERS must also ensure it is compatible with the vehicles specified for this RFP. USE ADDITIONAL SHEETS AS NECESSARY TO COVER ALL PROPOSED VEHICLES. Page 226 of 427 Submitted To: City of Englewood Eva Boyd, Procurement Administrator Finance Department 1000 Englewood Parkway Englewood, CO 80110-2373 Submitted By: MV Transportation, Inc. 2711 N Haskell Ave Suite 1500, LB-2 Dallas, TX 75204 p: 972.391.4600 www.mvtransit.com MV Transportation, Inc. is a federal contractor or subcontractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60; 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 and/or 60-300; and 29 CFR Part 471, Appendix A. MV is an Equal Employment Opportunity/Affirmative Action Employer. Operational Services for the Englewood Trolley City of Englewood Page 227 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 2 Confidentiality Statement As a privately held company, many aspects of MV’s business is considered confidential. The proposal contained herein offers details regarding our proposed operating plan for the City of Englewood and includes operating procedures, management candidates, and innovative approaches that our Board of Directors considers Confidential and/or Trade Secrets. For ease of City’s review, MV has: Indicated those sections of our proposal narrative considered either confidential or a trade secret using footnotes; Confidential attachments included in this proposal response are marked “confidential” in the margins of each document; MV considers its pricing information confidential and has therefore indicated so in the margin of each price page; and, Enclosed a single copy of its Audited Financial Statements separately, in a sealed envelope along with the original proposal. Page 228 of 427 Page 229 of 427 Page 230 of 427 Page 231 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 3 Table of Contents 1. Cover Letter ........................................................................................... 5 2. Experience and Technical Competence .............................................. 6 a) Executive Summary .............................................................................................. 6 b) Organizational Structure ....................................................................................... 8 c) Company History .................................................................................................. 9 d) Company Owners and Officers ........................................................................... 10 e) Capabilities and Experience ............................................................................... 11 f) Management Philosophy .................................................................................... 11 g) References ......................................................................................................... 12 h) Subcontractors ................................................................................................... 14 3. Financial Viability ................................................................................ 15 a) Audited Financial Statements ............................................................................. 15 b) Computerized Management Information Systems .............................................. 15 4. Insurance ............................................................................................. 18 5. Staffing and Personnel Program ........................................................ 19 a) Staffing ............................................................................................................... 19 1) MV’s Staffing Plan............................................................................................ 19 2) Project Organizational Chart ............................................................................ 26 3) Project Manager .............................................................................................. 27 4) Staff Commitment ............................................................................................ 32 b) Personnel Program ............................................................................................. 32 1) Compensation .................................................................................................. 32 2) Recruitment ..................................................................................................... 34 3) Application, Qualification, and Hiring Process ................................................. 35 4) Performance Review ........................................................................................ 41 5) Vehicle Operator Training ................................................................................ 42 6) Dispatcher Training .......................................................................................... 47 Page 232 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 4 7) Refresher Training ........................................................................................... 48 6. Operations and Maintenance Program .............................................. 49 a) Safety Program ................................................................................................... 49 1) Most Recent Safety Statistics .......................................................................... 59 b) Operations .......................................................................................................... 60 1) Daily Operations .............................................................................................. 60 2) Fare Handling and Accounting Procedures ..................................................... 64 3) Complaints and Commendations ..................................................................... 65 4) Reporting ......................................................................................................... 66 c) Maintenance Program ........................................................................................ 66 1) Inspections and Scheduled Maintenance Activities ......................................... 67 2) Management Systems and OEM Recommendations ...................................... 74 3) Overhauls and Repairs .................................................................................... 75 4) Road Calls ....................................................................................................... 76 5) Vehicle Cleaning .............................................................................................. 77 6) Maintenance Safety ......................................................................................... 79 7) Maintenance Quality Assurance ...................................................................... 80 8) Leadership and Approach ................................................................................ 81 d) Start-Up Plan ...................................................................................................... 82 e) Operations and Maintenance Facility ................................................................. 83 f) Cost .................................................................................................................... 85 Page 233 of 427 Tab 1: Cover Letter Tab 1: Cover Letter Page 234 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 5 1. Cover Letter This section shall be on the company letterhead and provide a brief description of the services to be provided and highlight the major points of the proposal. An individual authorized to bind the company must sign the letter. Please find MV’s cover letter immediately preceding the table of contents. Pursuant to the RFP requirements, the cover letter includes a brief description of the services to be provided to the City of Englewood for The Trolley services. Page 235 of 427 Tab 2: Experience and Technical Competence Tab 2: Experience and Technical Competence Page 236 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 6 2. Experience and Technical Competence This section should include a description of the firm’s organizational structure, history, list of owners and officers, capabilities and experience, and management philosophy. The BIDDER should also provide a list of references of three (3) clients with similar projects, including name, address, telephone numbers, and length and dates of service. BIDDER should demonstrate capability to manage and operate an efficient, professionally presented, and high-quality service. References will be checked. Local references are preferred. Subcontractors should be noted. a) Executive Summary The City of Englewood is seeking a qualified service provider for the Englewood Trolley. Located eight miles south of Denver, Englewood is a prime community for those commuting into Denver due to its highly connected transportation system, including light rail. However, Englewood’s technology and other specialized fields are growing within the city limits, leading to a larger need for professional, reliable connection between the key employment and activity centers, RTD light rail and the complimentary RTD bus routes. The City needs a provider that can deliver excellent service now but can grow and flex with whatever the future requires. A History of Success As the incumbent provider, MV will continue to provide a team with unparalleled expertise in the management of this services. Responsive decision making, understanding the local area, and strategic action define our team’s approach to these operations. Dedicated and Experienced Leadership Led by Project Manager Bill Hipp, MV’s operations team provides service that is timely and reflective of the overall goal of achieving reliability and outstanding Page 237 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 7 customer service. Since September 2004, Bill has operated the services and has cultivated a reputation for excellence. Resulting in a positive relationship with the City. Over the past XX years and, as service demand increased, as well as the number of passengers per hour, Bill has worked diligently to increase his team’s commitment to the service. The local MV team provides greater levels of service without increased costs to the City. The team is currently transporting 23 passengers per hour and receives less than one complaint per 100,000 boardings. MV’s personnel ensure that there is always ample support for all facets of the Englewood Trolley service. Tawana Hall, MV’s assistant project manager, handles the daily service and acts as a backup manager in Bill’s absence. Pody Hunnicutt and Thomas Garrecht manage the safety and training requirements for the service. Ed Mattison brings multiple decades of experience to the maintenance of the Englewood Trolley fleet. Operator Experience Makes A Difference Englewood Trolley operators provide professional, safe, reliable service. MV’s vehicle operators hold area knowledge expertise, and are given refresher training in customer service, safety, and technology. Maintenance Excellence For this contract, MV will continue to leverage existing maintenance operations of our Denver location. Each vehicle bus adheres to the strict preventable maintenance and cleaning schedules required by the City - confirming optimal performance. Professional and Safety and Training MV is driven by its people. The company’s comprehensive safety and training programs focus on accountability and responsibility. All employees must successfully complete background checks prior onboarding and maintain a safe driving record throughout their career. Employees are trained in customer service delivery. Through ongoing safety meetings, refresher training, and motivational programs, MV’s service will continue to meet and exceed expectations. Page 238 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 8 Community As the incumbent provider MV understands the importance of stewardship. This is accomplished through operators who know the area, have a strong customer focus and an employer that supports this initiative. Why MV? MV’s 44-year tenure in the transportation industry is attributed to the company’s unmatched strength in transforming how to connect people to their destinations. The company is committed to reviewing and revising its practices to keep pace with changes in the industry and passenger expectations, making it a leader in innovation and best practices. Operating 35 shuttle services nationwide gives MV significant knowledge and contributes to the ongoing development of best practices. MV was founded as a transportation company with the singular focus of connecting people to the places they need to go; more than five decades later, this remains the heart of what MV does as a company. Every day, MV connects people not only with destinations, but with other people – from operators to call takers to the people waiting for them at their destinations – and firmly believes that this must be done safely, and with courtesy and professionalism. Moving Forward with MV Bill and his team have the leadership skills and positive momentum to continue to provide exemplary service in the coming term. MV appreciates the relationship with the City and looks forward to the next contract term, as well as continued success for the service. b) Organizational Structure MV Transportation, Inc. is a C corporation that was incorporated in the State of California in 1978. The firm is headquartered in Dallas, Texas, where MV’s executive team is based, as well as all company human resource, public relations, legal, and IT departments. We also maintain support offices in Elk Horn, Iowa and in Northern California. Page 239 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 9 Today, MV operates in 25 states, and through its subsidiaries, internationally. Within North America, the company has established operational regions, each with assigned support teams that comprise directors of safety, maintenance, and finance, and human resources. The City will have the ongoing support of industry experts who are empowered and authorized to make decisions on behalf of the organization. Leading MV’s regional team is Chief Operating Officer Mark Collins in the interim. The chart below illustrates the company’s reporting lines and executive structure for this project: c) Company History MV Transportation was founded in San Francisco by Feysan and Alex Lodde in 1975. Our founders’ mission was simple: to provide freedom of mobility to those individuals who did not have access to transit, due to their disability or age. Not only were paratransit services non-existent, but many apartment buildings did not have elevators – facts that illustrate the criticality of the Loddes’ work. To serve her passengers, Feysan would carry passengers up and down flights of stairs. This history still defines who we are as a company: compassionate, forward- thinking, and staunchly committed to delivering critical services to our communities. We work with public entities like cities, counties, and transit agencies; as well as school districts, universities, and Feysan and Alex Lodde Founders and owners Board of Directors Tom Egan CEO Jarrett Andrews Chief Human Resources Officer Donna Harper Director of Human Resources Patrick Domholdt Director of Labor Relations Ted Navitskas General Counsel Dorina Hertner Chief Risk Officer Mark Collins President/Chief Operating Officer Stephanie Weber Vice President of Safety Operations Chris Leighty Director of Safety Open Senior Vice President C. Bill Hipp Project Manager Simon Branch- Evans SVP Maintenance & Real Estate Carl Foote Director of Maintenance Jim Haring Chief Information Officer Erin Niewinski Interim CFO Mark John Director of Finance Scott Sosnowski Chief Sales Officer SVP of Business Development Page 240 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 10 private companies. While our portfolio of customers is diverse, our job remains focused on the efficient and safe mobility of people. From fixed route to paratransit, on demand, shuttle, and black car, our team plays a significant role in mobility today. U.S. owned and privately held, MV offers the City a progressive partnership that has the experience to accomplish your goals – with inventive approaches and utmost flexibility. d) Company Owners and Officers MV Transportation, Inc., ownership is as follows: Alex Lodde Family Trust Feysan Lodde Family Trust Others (Everyone in this group owns less than 1% individually) Corporate Officers include: Tom Egan, Chief Executive Officer Mark Collins, President/Chief Operating Officer Erin Niewinski, Interim Chief Financial Officer Ted Navitskas, Executive Vice President and General Counsel Emily Somerville, Secretary and Assistant General Counsel Dorothea DePrisco, Assistant Secretary MV at a Glance Number of Employees: 19,299 Number of Vehicles: 10,952 2018 Revenue (Audited): $1.3B Number of Contracts: 237 Number of Locations: 170 U.S. States and Washington D.C. 25 Canadian Provinces 2 Years’ Operating Passenger Transportation Services 44 Page 241 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 11 e) Capabilities and Experience MV operates more than 200 contracts across North America, providing passenger transportation services including commuter service, fixed route, flex route, and demand response transportation. Within our operations, we offer turnkey services including but not limited to fleet and facility maintenance, transit management technologies, labor management, and service model design. Our approach to our business is simple – we unite industry best practices with state-of-the-art operating concepts to deliver unique solutions to our customers. Fixed Route, Commuter, and Shuttle: Fixed route, commuter services, employee shuttles all comprise our fixed route experience. MV is the provider of choice of large, high profile agencies and private customers alike. We work with our clients to deliver passenger facing technologies, best practices in transit management, and solutions in high volume passenger systems. Fleet Maintenance: The company’s maintenance program is developed based on industry best practices and in conjunction with MV’s skilled maintenance professionals. The company’s fleet maintenance services continue to protect and extend the life of its transit fleets. Operating in areas of severe and unpredictable weather events (including Las Vegas, Anchorage, Denver, and Orlando) and within challenging operating environments (New York City’s Five Boroughs, the Washington, D.C. metropolitan area, and the Dallas–Fort Worth Metroplex), MV has unparalleled maintenance capabilities. Technology Management and Design: A leader in transit technology, our team offers service optimization through technology-driven analytics. We offer expert guidance and best practices in call center systems, planning tools, reporting solutions, AVL/GPS technologies, and onboard devices. f) Management Philosophy MV operates under a guiding management philosophy that service quality need not have a direct relationship to operating cost, and instead is derived by a positive work environment where proactive employee relations and professional development are encouraged. Passenger transportation is a people-focused business, and excellence is achieved when qualified employees have the training and support resources to perform their jobs safely and professionally. Further, a well-trained, well- organized staff will realize great operational efficiencies that can contain costs Page 242 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 12 and deliver effective alternative options to MV’s customers, without reducing service or sacrificing quality. g) References Black Hawk Tramway, City of Black Hawk (Black Hawk, CO) MV began operating the Black Hawk Tramway in 2008. This fixed route service operates within the historic mining town of Black Hawk, serving stops at casinos and historic landmarks. MV operates and maintains the five-bus fleet. Vehicle location is monitored with GPS and NextBus technology. Reference Contact Name Mr. Tom Isbester, City of Black Hawk Public Works Director Address City of Black Hawk Public Works Department P.O. Box 68 Black Hawk, Colorado 80422 Phone Number 303.582.1324 Email tisbester@cityofblackhawk.org Length of Service 11 years Dates of Service 2008 to Present Employee Bus and Shuttle Services, National Renewable Energy Laboratory (Golden, CO) MV operates an employee circulator shuttle service for the National Renewable Energy Laboratory (NREL). As NREL planned for an increase in employee numbers with the completion of its new laboratory, the service was created to minimize traffic congestion and parking concerns by offering a convenient commute option to employees. The circulator transports employees from nearby RTD (Regional Transit District), park-and-ride locations, to NREL campuses in South Table Mountain, Denver West, and Golden Hill during morning and evening commute hours. Page 243 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 13 MV also operates a shuttle service, which transports employees daily to the NREL campuses from an off-site parking lot during commute times. MV operates and maintains a fleet of six vehicles for these services. Reference Contact Name Ms. Lissa Myers, Senior Subcontracts Administrator Address 15013 Denver West Parkway Golden, Colorado 80401-3393 Phone Number 303.384.7325 Email Lissa.myers@nrel.gov Length of Service 9 years Dates of Service 2010 to Present Inter-Campus Shuttle, University of Colorado Denver (Denver, CO) MV began operating the shuttle bus services for the University of Colorado Denver (UCD) in 2012. The shuttle serves two of the University’s campuses and its affiliate medical centers, which include the UCD Anschutz Medical Campus, the Denver VA Medical Center, National Jewish Health, and the UCD Lawrence Street Center administrative facility. This weekday service is open to students, faculty, and staff of the University and the medical centers. MV operates and maintains two (2) diesel cutaways for this service. Reference Contact Name Ms. Kerrie Bathje, Manager of Parking and Transportation Address 1800 Grant Street, Suite 500 Denver, Colorado 80203 Phone Number 303.724.0049 Email kerrie.bathje@ucdenver.edu Length of Service 7 years Dates of Service 2012 to Present Page 244 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 14 Access-A-Ride and Call-N-Ride, Regional Transportation District (Denver, CO) MV operates two services for the Regional Transportation District (RTD), the Access-A-Ride and the Call-N-Ride. The Access-A-Ride service is a brokered, door-to-door paratransit service is available to eligible passengers who are unable to use fixed route service due to a disability. MV operates 50 percent of the service in the greater Denver metropolitan area. Under this contract, MV operates and maintains a fleet of 172 vehicles. MV began operating this service in 2002. The Call-N-Ride is a general public demand-responsive and deviated fixed route service, which operates in 11 zones within RTD’s service area. Delivered with a fleet of 34 vehicles, this service is primarily used by commuters transferring to RTD’s light rail system. MV began operating this service in 2008. MV uses the RouteMatch scheduling system for trip reservations, scheduling, and dispatching. MV is in its third contract term with RTD. Reference Contact Name Mr. Larry Buter, Manager Paratransit Services Address 1900 31st Street Denver, Colorado 80216 Phone Number 303.299.2152 Email larry.buter@rtd-denver.com Length of Service 17 years Dates of Service 2002 to Present h) Subcontractors MV is not using subcontractors for the performance of this contract. Page 245 of 427 Tab 3: Financial Viability Tab 3: Financial Viability Page 246 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 15 3. Financial Viability BIDDER shall provide a financial statement, as prepared by a certified public accountant, for their prior fiscal year, consisting of a balance sheet, profit and loss statement and such other financial statements as may be appropriate, which shall demonstrate that the BIDDER possesses adequate financial ability and stability to enable the BIDDER to fulfill their obligations under the terms of this RFP. If requested by the BIDDER, such information shall be treated as confidential by the CITY and shall not be subject to public disclosure. These documents must depict the financial status of that entity, subsidiary, division, or subdivision thereof, which will actually provide services. If the BIDDER is a partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. Consolidated balance sheets and profit/loss statements depicting the financial status of a Parent Corporation or joint venture shall not be considered an acceptable response. The BIDDER must detail an adequate computerized management information system to implement and maintain the data collection accounting and reporting requirements of the RFP, and provide samples of operating and accounting reports to be produced a) Audited Financial Statements MV is a privately held firm, and as such its financial statements are confidential and proprietary trade secret information. Accordingly, MV’s confidential audited financial statements for 2018 are enclosed separately in a sealed envelope along with the original proposal. Our financial position is solid, and the company has the financial resources and wherewithal to meet its financial obligations. For more information regarding the financial viability of MV, please contact Ms. Erin Niewinski, interim chief financial officer, at 972.391.4685. b) Computerized Management Information Systems Reporting Operational reporting provides service statistics necessary to gauge service quality, ensure contractual compliance, acquire transit funding, and for completion of all National Transit Database (NTD) reporting. Page 247 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 16 MV meets FTA/NTD reporting requirements and provides these reports to clients who receive Federal funding and are required to submit them. MV uses the accepted FTA sampling methodology and has systems in place to collect and report this information pursuant to the guidelines of the National Transit Database Reporting Manual. A large portion of the service data is collected and reported using MV’s Lawson Accounting and HR ERP and other third-party data collection systems. As required, MV will provide daily, monthly, and dispatch logs. Examples of these reports are attached, following this section. It is also important to update the team on its performance; MV continuously updates and shares performance results during location safety meetings. MV uses the Infor Financial systems and Human Capital Management system in its corporate office and operating locations. The Lawson Financial Suite includes General Ledger, Accounts Receivable, and Accounts Payable. The Infor Human Capital Management system encompasses benefits, payroll administration, HR administration, leave of absence management, built-in business process framework, and native business analytics tools and reports. Infor software is fully integrated and is web-enabled. NTD Reporting MV supplies NTD data to its clients and assists in the compilation of these reports. While the Federal Transit Administration (FTA) prohibits private contractors from directly reporting data to the NTD Database on behalf of FTA- funded transit agencies, MV’s local operations teams assist in the collection and summarization of all required data. MV follows the trip sampling methodology and forms, pursuant to the guidelines of the NTD Reporting Manual, including FTA Circular 2710-1A. Compliance with FTA uniform accounting standards and NTD reporting systems is a key element of MV’s U.S. federally funded operations. MV will fully cooperate with the City in collection and reporting of all FTA ridership, operating, safety, and financial information. The information collected and summarized for the NTD reports is maintained as required. The project manager is responsible for meeting the sampling, collection, verification, and reporting requirements for the City’s NTD reporting. This individual is supported by the MV corporate staff described in section 2.b. Organizational Structure and will avail him to the City’s guidance, as well as FTA seminars on NTD reporting, and other support available from the FTA website. Page 248 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 17 The safety manager conducts sample trip data collection, with support from the assistant project manager s and service supervisors. This information is compiled for the following NTD modules: basic, financial, and service. MV’s vehicle operators are only occasionally required to conduct sample data collection and then only on the routes with the lowest ridership. Dispatchers distribute and collect any required vehicle operator surveys; vehicle operators complete and submit any required operator surveys. The maintenance manager supply data for the Asset Module (fleet and facility data). Finally, the assistant project manager assists the project manager with collecting the required operational and ridership data. Maintenance Reporting Software MV uses the Trapeze Equipment Asset Management (T-EAM) fleet maintenance software to track maintenance activities, work-orders, parts, and inventory. This system is a thin client, web-based interface that MV’s maintenance team can access from one or more workstations in the shop. The software integrates with a myriad of systems including fuel management and optional upgrades such as mobile inspection tools. It is of utmost importance that a proven maintenance information system (MIS) is in place; these systems control labor and material costs and help facilitate policy and procedure. The T-EAM system can identify labor and material costs to specific job procedures and maintenance functions. Examples of the level of identification that can be tracked are: Oil change Tune-up Daily cleaning and servicing Oil usage Fuel usage Collision damage Inspection program Vehicle history reports Re-order reports Warranty tracking Inventory tracking MV tracks all parts inventories and use in T-EAM. MV will establish minimum and maximum inventory thresholds; these levels are entered in the T-EAM system, which is used to run inventory reports to alert MV’s personnel of parts needs. Page 249 of 427 Reporting Samples Page 250 of 427 Driver Tally ReportSAMPLE REPORTEnglewood Art ShuttleDate:___/___/___ Bus#:________ Day of Week:Ending Miles:Driver#1:_______________Fuel Used:Beginning Miles:Driver#2:________________ Total Miles:Time REG W/C REG W/C Bike6:307:007:308:008:309:009:3010:0010:3011:0011:3012:0012:30Totals14:0014:3017:0016:0016:3015:3015:00Totals18:0018:3017:3013:30Time13:00BikePage 251 of 427 Month to Date Totals June 2019 SAMPLE REPORT Date Time Pass W/C Bike Total 630-730 767 41 10 818 730-830 514 39 8 561 830-930 812 58 9 879 930-1030 761 55 3 819 1030-1130 976 108 6 1090 1130-1230 818 93 5 916 1230-1330 1046 71 5 1122 1330-1430 881 57 6 944 1430-1530 1109 65 4 1178 1530-1630 890 56 11 957 1630-1730 976 46 7 1029 1730-1830 479 33 2 514 1830-1930 306 24 3 333 1930-2000 0 0 0 0 Total 10029 722 76 11160 06/01/19 Page 252 of 427 Total by Date June 2019 SAMPLE REPORT Date Total Ridership/day 1 0 2 0 3 558 4 635 5 557 6 548 # of days Hours Boardings/hour 7 580 20 480 23.25 8 0 9 0 # of days Passengers Average trips/day 10 640 20 11160 558.00 11 271 12 539 13 573 14 671 15 0 16 0 17 485 18 643 19 552 20 615 21 507 22 0 23 0 24 488 25 551 26 593 27 562 28 559 29 0 30 0 31 0 Total 11160 Page 253 of 427 Monthly Detail Total ReportJune 2019SAMPLE REPORTDatePassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotal100 00 0 0 0200 00 0 0 03 36 3 39 25 2 27 42 3 2 47 32 6 38 51 7 58 39 18 57 49 6 554 35 3 38 27 4 31 43 4 1 48 37 5 42 51 4 55 47 12 59 55 6 615 46 2 1 49 29 3 32 33 2 35 45 2 1 48 37 4 41 35 4 1 40 36 4 406 45 5 50 38 5 31 35 2 37 41 3 44 44 4 1 49 43 4 47 56 6 627 41 2 43 33 2 1 36 32 4 36 69 2 71 45 4 49 59 4 63 36 6 42800 00 0 0 0900 00 0 0 010 26 3 3 32 24 2 1 27 47 5 1 53 44 2 46 46 5 51 63 4 1 68 60 6 1 6711 15 15 13 2 15 24 1 25 23 1 24 17 2 19 17 2 19 18 1812 47 2 1 50 35 3 38 39 3 42 36 2 38 22 6 28 34 4 1 39 41 4113 34 3 1 38 30 2 1 33 30 3 33 32 3 35 48 6 54 49 2 51 60 4 6414 39 3 1 43 22 2 1 25 36 2 1 39 38 3 41 67 3 70 72 8 80 73 2 7515 0 0 0 0 0 0 016 0 0 0 0 0 0 017 30 3 1 34 18 18 33 2 35 57 57 34 8 42 34 3 37 42 1 4318 41 1 42 44 2 46 47 2 49 48 7 55 60 8 1 69 47 5 2 54 52 3 1 5619 52 52 27 3 30 41 3 1 45 21 2 1 24 51 6 2 59 23 2 25 78 8 8620 45 2 47 27 27 63 6 69 34 7 1 42 80 4 84 31 2 33 61 4 1 6621 52 1 53 17 4 0 46 2 48 38 2 40 50 10 60 30 8 38 56 2 5822 0 0 0 0 0 0 023 0 0 0 0 0 0 024 24 4 28 18 2 20 21 4 1 26 35 2 37 45 45 30 30 56 2 5825 49 2 51 18 18 47 2 1 50 27 2 29 69 11 1 81 40 4 44 51 2 5326 49 49 19 1 20 35 2 37 32 1 33 46 1 47 55 4 59 48 4 1 5327 26 4 30 24 2 26 69 3 72 36 2 38 56 11 1 68 34 2 36 65 2 6728 35 35 26 1 1 28 49 3 1 53 36 1 37 57 4 61 36 1 37 53 4 5729 0 0 0 0 0 0 030 0 0 0 0 0 0 031 0 0 0 0 0 0 000 0 0 0 0 076741108185143985618125898797615538199761086109081893591610467151122Totals630-730730-830830-930930-10301230-13301030-11301130-1230Page 254 of 427 Monthly Detail Total ReportJune 2019SAMPLE REPORT1830-19301930-2000PassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTotalPassW/CBikeTOTALPassW/CBikeTOTALDate000000010000000245 4 1 50 50 50 34 4 38 45 6 51 21 21 25 2 27 0 0 349 8 1 58 63 10 73 63 12 75 49 2 51 26 2 28 14 2 16 0 0 455 6 61 56 56 47 8 55 43 2 45 32 4 36 17 2 19 0 0 550 50 53 2 55 44 2 1 47 39 2 41 24 24 11 11 0 0 644 1 45 59 59 45 2 47 49 49 31 2 33 6 1 7 0 0 7000000080000000940 3 1 44 47 2 49 62 5 67 67 2 1 70 33 2 35 31 31 0 0 1014 14 33 2 35 30 30 22 22 13 13 18 4 22 0 0 1143 6 49 56 4 60 56 56 53 2 1 56 28 2 30 12 12 0 0 1241 2 43 71 14 85 45 2 1 48 43 2 1 46 28 1 29 14 14 0 0 1362 62 53 1 1 55 80 1 4 85 41 2 43 33 2 35 16 2 18 0 0 1400000001500000001649 2 51 40 2 42 41 2 1 44 45 2 1 48 16 16 16 2 18 0 0 1772 2 74 69 4 73 35 35 44 44 26 26 16 2 2 20 0 0 1833 6 39 41 2 2 45 34 8 42 60 4 64 19 2 21 16 4 20 0 0 1959 2 1 62 34 2 36 45 4 3 52 63 63 14 2 16 18 18 0 0 2033 33 53 2 55 33 33 59 2 1 62 21 21 6 6 0 0 2100000002200000002345 1 46 61 4 65 33 33 59 1 60 29 1 30 10 10 0 0 2447 4 51 63 63 35 35 45 45 13 13 18 18 0 0 2537 8 45 61 2 63 68 6 1 75 41 6 1 48 36 9 45 19 19 0 0 2635 4 39 70 70 32 32 53 6 59 15 15 8 2 10 0 0 2728 28 76 12 1 89 28 28 56 6 62 21 6 27 15 2 17 0 0 2800000002900000003000000003100000008815769441109654117889056119579764671029479332514 306 24 3 333 0 0 0Totals1330-14301730-18301430-15301530-16301630-1730Page 255 of 427 Tab 4: Insurance Tab 4: Insurance Page 256 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 18 4. Insurance The insurance requirements of this RFP will be considered minimum requirements and must be complied with in every respect. Minimum insurance requirements are outlined in Exhibit A – General Proposal Terms and Conditions. BIDDER must state renewal dates and must provide a statement of loss experience for the previous five years. The statement of loss experience must also identify any claims, which may be pending at the present time. Please see the following page for MV’s current certificate of insurance including renewal dates. Statement of Loss MV Transportation operates more than 11,000 vehicles in more than 160 locations. Over the past five years, MV has experienced a total of 66,096 incidents ($94,504,440 paid); of these $21,725,340 are pending. There is presently no litigation – including those identified above – against the company which is not subject to insurance coverage or which MV believes would threaten the financial stability of the company or its ability to perform any of its contractual obligations. The details of current and pending claims and litigation are confidential; if the City requires more information on claims for the purpose of evaluating MV, please contact Ms. Dorina Hertner, chief risk officer at 712.764.8500. Page 257 of 427 Proof of Insurance & Renewal Dates Page 258 of 427 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. $ CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE OTHER: LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ $ INSD ADDL WVD SUBR N / A $ (Ea accident) (Per accident) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE $ $ $ $ $ G42CTJ7P 02/01/2020 City of Englewood 1000 Englewood Parkway Englewood, CO 80110 2,000,000 1,000,000011144707 1,000,000 503-943-6621 503-943-6622 Auto Physical Damage ACE American Insurance Company Each Occurrence 19437 ACE Fire Underwriters Insurance Company 5,000,000 43575 02/01/202002/01/2019 02/01/202002/01/2019 1,000,000 100,000 5,000,000 22667 A Indemnity Insurance Company of North America HDO G71233248 02/01/2020 A A B C 5,000,000 McGriff, Seibels & Williams of Oregon 1800 SW First Avenue, Suite 400 Portland, OR 97201 MV Transportation, Inc. and subsidiaries 2711 N Haskell, Suite 1500 Dallas, TX 75204 07/08/2019 02/01/2019 WLR C65432250 (AOS) WLR C65432213 (AZ, MA) WCU C6543233A (CA, OH, WA) SCF C65432298 (WI)1,000,000 The City, its Boards, Officers, Agents, and Employees are named as an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms, conditions, limits and exclusions. 5,000,000 XSA H25281755 20702 D Lexington Insurance Company 02/01/2019 X X X X X Page 1 of 2 Page 259 of 427 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD ©2008 ACORD CORPORATION.All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE AGENCY CUSTOMER ID: LOC #: PRODUCER CARRIER NAIC CODE POLICY NUMBER INSURED ISSUE DATE: CERTIFICATE NUMBER:G42CTJ7P MV Transportation, Inc. and subsidiariesMcGriff, Seibels & Williams of Oregon Professional Liability Coverage: ACE American Insurance Company Effective: 2/1/2019 to 02/01/2020 Policy# MPB G71233327 Limit: $1,000,000 07/08/2019 Page 2 of 2 Page 260 of 427 Tab 5: Staffing and Personnel Program Tab 5: Staffing and Personnel Program Page 261 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 19 5. Staffing and Personnel Program a) Staffing BIDDER must submit a proposed staffing plan indicating all management and staff employee positions and the number of full-time equivalent employees as each position. The staffing plan shall outline the qualifications and level of responsibility for each. A Project Manager shall be designated and identified with a detailed resume submitted for him or her. The prospective project manager must be available to answer questions from the CITY during the negotiation phases. Failure of the BIDDER to provide the Project Manager indicated in this proposal may be cause for cancellation of contract award or termination of the contract between the CONTRACTOR and the CITY. Staffing plan should indicate number of vehicle operators and management staff committed to the Trolley. 1) MV’s Staffing Plan Proposed Full-Time Equivalent Staffing Staff Position Number of Full-Time Equivalents Vehicle Operators 4 Project Manager 1 Assistant Project Manager 1 Safety and Training Manager 1 Training Manager 1 Maintenance Manager 1 Road Supervisor 6 Dispatcher 5 A Mechanic 2 B Mechanic 1 C Mechanic 5 Job Descriptions Vehicle Operator Department Operations Page 262 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 20 Reports to Assistant Project Manager; Dispatchers while on route Number Proposed 4 FT Responsible for Safe, reliable and customer-focused transportation Accountable for Safety Consulted about Schedule adherence, vehicle performance, weather, and traffic Informed of Real-time challenges on the road Vehicle operators are the critical interface to passengers and must appropriately represent the City. MV operators have a safety-first attitude, a professional demeanor, and excellent customer service skills. The primary responsibility of the vehicle operator is to transport customers while adhering to safety regulations, traffic laws, operating policy, and scheduled time points. Vehicle operators respectfully and professionally respond to customer inquiries, providing system information as needed. They are trained in the system routes and provide information regarding major stops, transfer points, and schedule information. Upon consent, operators respectfully assist passengers as they board the vehicle and aid those who agree to assist in securing their mobility device. All operators are trained in ADA regulation, passenger empathy, and proper mobility device securement. All MV operators are properly trained in onboard technology and must demonstrate proficiency in all dispatch communication procedures. Vehicle operators coordinate with dispatch regarding schedule adherence, vehicle malfunctions, accidents, and other disturbances. Project Manager Department Operations Reports to Regional Vice President Number Proposed 1 FT Responsible for Project and personnel management, service success, customer relations Accountable for Contract compliance and service performance Consulted about Recommendations for service changes, new contract scope items Informed of Changes to service, schedules, and policies The project manager is accountable for the overall success of the service. They serve as the daily operational liaison between MV and the City, and they work in partnership with the local team to realize the mission and vision of the service. Page 263 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 21 This person is responsible for the safe and high-quality operation of the transit system. The project manager oversees all functional areas of the service, including safety and training, live day operations, fleet maintenance, community relations, and accounting and finance. This position assures adherence to policy and contract compliance. The project manager meets with City staff often to review service quality, performance metrics, and discuss trends. They collaborate with City staff and MV’s leadership on new and innovative approaches to service delivery, always seeking to improve upon the existing services. As needed, the project manager works with team leaders to put action plans into place to improve service quality. Assistant Project Manager Department Operations Reports to Project Manager Number Proposed 1 FT Responsible for Safety, On-time Performance, Fleet Cleaning, Proactive Communications, Employee Relations, Human Resources, and Customer Interface Accountable for Service performance Consulted about Recommendations for service changes, new contract scope items Informed of Changes to service, schedules, and policies The assistant project manager is responsible for the quality of daily service and serves as a liaison to passengers, clients, and community members. This position controls the daily operation of the service, in compliance with City and MV policy and procedures, under the leadership of the project manager. This position is key to effectively managing customer relations and ensures service meets the passengers’ expectations. To this end, the assistant project manager makes certain all employees understand their roles and responsibilities, can do their jobs, and are highly motivated. The assistant project manager oversees live day operations, including the management of dispatch, road supervision, and operators. They coordinate closely with the maintenance manager to ensure equipment availability and response to any fleet issues. The assistant project manager monitors and evaluates operational activities such as system on-time performance, customer complaints, road calls/service disruptions, and other operation-related functions. Page 264 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 22 Safety Manager Department Safety Reports to Project Manager Number Proposed 1 FT Responsible for Safety policy enforcement, safety meetings, safety reporting Accountable for Location operational safety record, confirmation of fully trained workforce Consulted about Operator discipline, safety initiatives Informed of Changes to regulations and policies, individuals, and areas requiring retraining based on DriveCam events, complaints, and performance The safety manager is responsible for implementing programs and procedures in compliance with State and Federal regulations, corporate and client policies; and is accountable for the leadership of DriveCam and OSHA/CDL at the local level. This position functions as a safety officer and the emergency coordinator for MV’s operation, serving as the company’s liaison to local authorities that support safety and emergency preparedness. They lead all emergency responses and guarantees that MV’s team is ready to respond to the needs of the community in the event of an emergency. This person leads all accident and incident investigation, manages awards for safe driving, facilitates safety meetings, and directs the activities of the safety committee. Training Manager Department Safety Reports to Project Manager Number Proposed 1 FT Responsible for Operator training, accident investigation Accountable for Location operational safety record, confirmation of fully trained workforce Consulted about Operator discipline, safety initiatives Informed of Changes to regulations and policies, individuals, and areas requiring retraining based on DriveCam events, complaints, and performance The training manager is a hands-on trainer specializing in procedures in compliance with State and Federal regulations, corporate and client policies; and is accountable for the leadership of DriveCam and OSHA/CDL at the local level. This manager sets the tone for ensuring all operators are current with the training requirements of the company and contract. The training manager oversees the safety and training related activities of the location. They are responsible for ensuring the effective training of MV’s Page 265 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 23 team and the safe operation of all service, equipment, and facilities. They are responsible for establishing the schedule and curriculum for ongoing training activities, refresher training, and maintains all training documentation for employees as required. Road Supervisor Department Operations Reports to Assistant Project Manager Number Proposed 6 FTE Responsible for Operator evaluation, operator mentorship, on-road accident/incident response, site evaluations Accountable for Completion of on-road evaluation and incident response/reporting Consulted about Trends in operator performance and required coaching Informed of Changes in road incidents response procedures The road supervisor monitors the safe and efficient operation of all vehicles in the field and ensures high-quality service. They perform operator evaluations to confirm that all operators are safely operating service and exhibiting outstanding customer care. As needed, they provide system information to passengers. Dispatchers send the road supervisor to the scene of any breakdowns, incidents, accidents, or other disruptions to support the expedient resolution of the issue. They perform incident investigations, and they perform incident preventability determination. Based on their observations in the field, the road supervisor makes recommendations for coaching or retraining based on individual events or system trends. They respectfully enforce the City policies and procedures for operators as well as passengers. This critical position is strategically located throughout the service area to minimize response time. Dispatcher Department Operations Reports to Assistant Project Manager Number Proposed 4 FTE Responsible for Managing all operator duties, service reliability, on- time performance, response to on-road incidents. Accountable for Assessing fitness for duty, unplanned changes that affect performance, such as route detours and heavy traffic Page 266 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 24 Consulted about Operator absences, changes to routes start and end times Informed of Vehicle exchanges, maintenance pull, and submission of defects noted on DVI form, service reliability, on-time performance, response to on-road incidents. The dispatcher directs all on-road operations that occur from daily pullout to return-to-yard. They coordinate with vehicle operators while in service to monitor operations status, mitigate delays, and assist in resolving service disruptions. The dispatcher manages operator check in and check out, including report times, vehicle assignments, distribution of bulletins, and on-time pullouts. They are fully trained in reasonable suspicion and is responsible for assessing operators in fitness for duty. As needed, the dispatcher coordinates extraboard operators if an operator does not report on time. They also work with the maintenance team to coordinate vehicle exchanges, maintenance pulls, and submission of vehicle inspection/defect forms. The dispatcher monitors routes for schedule adherence. They monitor service delivery via radio/real-time GPS, working closely with operators and road supervisors to efficiently respond to service needs, including accidents and onboard emergencies. Maintenance Manager Department Maintenance Reports to Regional Vice President Number Proposed 1 FT Responsible for Ensuring the safe and effective operation of City vehicles to protect and maximize the useful life of the fleet Accountable for Maintaining vehicles, facility, and overseeing the process of maintenance record keeping Consulted about Compliance with all OEM, City, and MV standards of safety, operation, and appearance Informed of Changes to daily pull out vehicle needs The maintenance manager’s primary duty is to ensure the safe and effective operation of the fleet in compliance with all OEM, City, and MV standards. This position coordinates and oversees all scheduled and unscheduled maintenance inspections and repairs. They work closely with dispatch to maximize fleet availability, especially during service demand peaks. Page 267 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 25 This position monitors all fleet, equipment, and facility maintenance activities – those performed both in house and those contracted with outside vendors. They coordinate with equipment manufacturers regarding warranty issues and specialized training needs. The maintenance manager will be proficient in the Trapeze EAM system; they monitor work orders and parts inventory in this system, ensuring that we complete all scheduled work on time. They hold responsibility for all mechanics and service workers, and they are accountable for the performance of the maintenance team. This position provides ongoing training to the mechanic team, including MV’s ASE training, and they coordinate additional training with outside vendors and suppliers as needed. A-Level Technician Department Maintenance Reports to Maintenance Manager Number Proposed 2 FTE Responsible for Performing the most difficult repair tasks Accountable for Diagnosis, inspection and repair completion Consulted about Repairs completed by and supervision of subordinates Informed of Daily repair needs and assignments The A-level technician is the highest-level line technician. Under general supervision, the A-level technician performs the most difficult repair tasks and supervises subordinates. This person performs all needed repairs and adjusts vehicle systems. The A-level technician must be able to teach, diagnose, inspect, and change or repair defective components and sub- components. B-Level Technician Department Maintenance Reports to Maintenance Manager Number Proposed 1 FTE Responsible for Performing a variety of preventive maintenance and minor repairs Accountable for Completing work orders and preventive maintenance forms for all repairs Consulted about General maintenance repair needs Informed of Daily changes in proactive and reactive repairs The B-level technician performs a variety of preventive maintenance and minor repairs. This position performs general maintenance, troubleshooting, Page 268 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 26 and diagnosis and repairs to a broad range of vehicle systems including engine and emissions, drive train, brakes, climate control, electrical and specialty electrical systems, electronic systems, accessibility equipment, transmission, and steering and suspension. The B-level technician completes work orders and preventive maintenance forms. C-Level Technician Department Maintenance Reports to Maintenance Manager Number Proposed 5 FTE Responsible for Performing a variety of minor repairs Accountable for Completing forms for all repairs Consulted about General maintenance repair needs Informed of Scheduling for ongoing minor repairs The C-level technician performs minor repairs at the direction of the A-level or B-level technician. This person’s duties include oil changes, tire changes, fluid replacement, minor body repair, and all other minor repairs as necessary. 2) Project Organizational Chart These positions are 100 percent dedicated to the Englewood Trolley service. Bill Hipp Project Manager Tawana Hall Assistant Project Manager Road Supervisors Dispatchers Vehicle Operators Thomas Garrecht Training Manager Podi Hunnicutt Safety Manager Edward Mattison Maintenance Manager A-Level Mechanic B-Level Mechanic C-Level Mechanic Page 269 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 27 3) Project Manager Bill Hipp, Project Manager Mr. Bill Hipp is MV’s project manager for this contract and has been since the service’s inception. He has 23 years of transportation experience and has an extensive operational and managerial background. As the project/general manager for MV’s Access-a-Ride and Call-n-Ride services to the RTD since 2007, Bill has had direct oversight of MV’s Denver operations and provides excellent leadership through an extensive operational and managerial background. He is a proven team leader and successfully fulfills the duties required to operate the Englewood Trolley services –he has overseen the Access-a-Ride service for 20 years and the Call-n-Ride service for nearly 10. Prior to working for MV, Mr. Hipp was employed with Laidlaw Transit Services, Inc. as a project manager, supervising the Access-a-Ride, Call-n- Ride, ART shuttle, and the Black Hawk and Central City Tramway service, which included supervision of 171 employees and a fleet of 125 vehicles. Bill provided outreach to the community to promote services to eligible riders and worked with various subcontractors to meet the needs of passengers. Mr. Hipp also provided RTD services as director of operations for Special Transit – a non-profit organization providing accessible transportation services to the elderly and disabled community. Bill oversaw the single largest portion of the RTD services, which included a team of 350 and a fleet of 230 vehicles. He held direct responsibility for the Access-a-Ride service, including reservations, scheduling, dispatching, and the oversight of four subcontracts. Bill began his transportation career with American Medical Response and worked his way up to assistant director of operations for all of Metro Denver. With more than 15 years with the company, Bill acquired valuable management skills and gained a working knowledge of large operations – he oversaw approximately 200 field personnel and a fleet of 60 vehicles. Mr. Hipp is a Certified Community Transit Manager, Safety Manager, and Licensed State Paramedic. Please see Bill’s resume and references in the appendix of this proposal. Page 270 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 28 Additional Management Team Tawana Hall, Assistant Project Manager MV is pleased to present Ms. Tawana Hall as MV’s assistant project manager for this service. Ms. Hall brings 17 years of transportation experience to the City of Englewood. Tawana joined MV’s Denver team as the assistant project manager in 2011. Prior to this role, she served as both scheduling supervisor and dispatch supervisor for First Transit providing call center services, she was a Call Center dispatch supervisor from 2002 to 2008 and then Call Center scheduling supervisor from 2008 to 2011. As the assistant general manager for the art shuttle, Tawana’s overall responsibility is to monitor service and ensure it is delivered on time and that it meets the service quality expectations of the City and its passengers. She also directly monitors operator performance and conducts infield spot checks. Ms. Hall has responsibility for oversight of MV’s dispatch and driver assignment function. She reviews all logs and paperwork from the dispatch office and ensures all operator and supervisor shifts are covered daily. Tawana is highly effective in her role - customer service, professionalism, safety, and efficiency are her daily focus. Pody Hunnicutt, Safety Training Manager MV is pleased to present Mr. Pody Hunnicutt as MV’s safety manager. Pody has been the safety training manager for this service since MV assumed the operation in 2010 and possesses more than 19 years of transportation experience. In this capacity, he oversees all safety and training efforts and is responsible for establishing MV’s safety culture. He also ensures effective training of operators and all operations personnel and provides guidance to employees regarding local, state, and federal safety-related regulations, as well as safety policies and procedures. Page 271 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 29 Pody conducts audits to ensure compliance with corporate safety policies and procedures and consults with MV’s management team to identify and correct unsafe behavior. Mr. Hunnicutt also ensures MV’s Drug and Alcohol Testing is conducted in accordance with FTA and DOT regulations. Pody began his public transportation career in 2000 when he joined the Denver Division as an operator. After one year he was promoted to the RTD’s quality assurance supervisor and held that position until 2007 when he joined MV’s team in Denver. Mr. Hunnicutt holds the following certifications Avatar Training Certified Behavioral Interviewing Certified Defensive Driving Certified CDL Class A Class B with P Endorsement Fire Fighter I Medical First Responder EMT-B CPR Instructor Tom Garrecht, Training Manager Mr. Tom Garrecht is currently MV’s training manager for the Englewood Trolley. He has been at MV’s Denver location in a training capacity since 2008 and holds numerous training certifications including PASS training, classroom and behind the wheel instruction, defensive driving, accident investigation, and mobility device securement and security restraining safety. As a training manager, he performs numerous tasks including conducting field observations, retraining, updating and auditing training files, screening, and selecting new hire operator candidates. From 2008 to 2010, Tom held the lead training position at MV’s Denver operation for the RTD. As a classroom instructor, he developed new curriculum to meet RTD standards. He also incorporated PASS training into the MV classroom curriculum and refined MV’s closed course training to better initiate trainees to real life driving sceneries. In addition, Mr. Garrecht holds the distinction of being the first MV instructor to pilot its extensive Avatar operator training program. This state-of-the-art training program was launched in 2010 company-wide and encompasses classroom sessions, closed course skills-building activities, and structured behind the wheel training. Page 272 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 30 Ed Mattison, Maintenance Manager Mr. Ed Mattison brings 27 years of maintenance management experience to the trolley and has served as MV’s maintenance manager at its Denver location since 2008. In his role as the maintenance manager, Ed oversees MV’s maintenance team and schedules all shop assignments. He is responsible for the daily vehicle inspection sheets, ensuring that each vehicle has been properly inspected and is ready to provide passengers with safe service. Ed is a hands-on manager and works closely with his team to ensure MV provides a superior maintenance quality resulting in reliable service, an attractive fleet, and maximum vehicle life. His accomplishments include 100 percent preventive maintenance on-time performance, excellent third-party maintenance audit scores (MV’s most recent September 2013 audit score was 93). Prior to joining MV, Ed worked for Laidlaw in Denver providing fixed route service to the RTD. He held the role of night shift lead for one year and was promoted to maintenance manager which he held from 2004 to 2008. Ed also held various maintenance roles for Greyhound Lines, Inc. During his 15 years with Greyhound Ed learned large fleet maintenance practices from the ground up. Ed has significant credentials; highlights include Colorado Air Pollution Control, Universal HVAC Technician, Continuous Quality Maintenance, and DOT Compliance. Regional Support Team Tom Egan, Chief Executive Officer Tom Egan is the chief executive officer for MV Transportation, the largest private provider of paratransit services and the largest privately-owned transportation contracting firm in the United States. In this role, he is focused on ensuring that MV has the right strategic processes, talent, and culture to meet the needs of its clients and riders as the industry changes. Tom has an extensive background and track record for success in leading large and complex global operations. He joined MV in Page 273 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 31 2018 from DXC where he led the merger and transformation between Hewlett Packard Enterprise (HPE) and CSC. Prior to that, Tom led Infrastructure Technology Outsourcing (ITO) for HPE, where he was responsible for global delivery of all ITO service lines to over 800 customers in more than 50 countries, managing a budget of more than $10 billion, 75,000 team members, and 4,000 suppliers. Tom has proven himself to be outstanding in leading teams, building customer relationships, and driving significant efficiencies. Carl Foote, Director of Maintenance Mr. Carl Foote has over 25 years of experience in vehicle maintenance and implementing maintenance programs. He has had the maintenance oversight of fleets as large as 275 vehicles and has assisted startups with as many as 1,000 vehicles. As a result of his expertise, he provided a savings of six million dollars in maintenance costs in 2018. Carl works with MV’s local maintenance managers and their teams to confirm that each vehicle is in superior condition and within the standards set forth by MV and its clients. Carl will be on-site annually to perform audits, conduct training, meet with clients, and confirm that all fleet and equipment assets are maintained appropriately and safely. He is ASE Master Certified in multiple areas and received Advanced Level Specialist ASE Certification in Advanced Engine Performance. He also has certifications in Accu-turn Alignment, Braun Wheel Chair Lift, Ricon Wheel Chair Lift, and has a MACS worldwide air-conditioning license. Carl has a CDL License Class A with P, T, & N endorsements. Chris C. Leighty, Director of Safety Mr. Chris C. Leighty brings nearly three decades of safety experience to MV's safety team. His focus on passenger safety and regulatory compliance ensure the success of MV's operations in his region. Chris is adept at identifying opportunities for improvement in safety performance through the application of best practices and training. As a former vehicle operator, road supervisor, and dispatcher, he understands safety at every level of the operation. Before joining MV, Chris served as senior director of safety and training for Ride Right LLC. He provided guidance to local managers and teams in Page 274 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 32 safety and training. He also performed audits in safety, security, drug and alcohol, and ADA compliance. Prior to that, Chris served as transportation manager for the Interurban Transit Partnership ("the Rapid") in Grand Rapids, MI. He began his career in transportation as a vehicle operator with the Rapid. Throughout his 21- year tenure with this agency, he served in several supervisory roles. Chris holds several safety certifications from the USDOT and Transit Safety Institute. He is one of 10 people in the nation teaching System Security and Supervisor Certification courses for the USDOT. 4) Staff Commitment All listed management and support personnel are committed to providing continued support for the operation of the Englewood Trolley at their current levels of engagement. MV has four vehicles operators assigned exclusively to the Englewood Trolley service with additional backup operators from the Denver location available on an as-needed basis. b) Personnel Program This section should include wage and benefit schedules for each operator and other associated staff. Describe the program for recruitment, selection, performance review, and training of vehicle operators and dispatchers. Describe both initial and on-going training as outlined in Section 3F9. 1) Compensation MV will immediately recognize the United Service Workers Union Local 455 as the bargaining unit representing the Englewood Trolley. The company works with the union to negotiate existing labor agreement which remains in effect through March 2021. MV has an excellent relationship with the USW and works with their local unions across the country. MV is pleased to offer the following compensation package to its team. Operator Wage Scale Operator Seniority Year 1 Year 2 Year 3 Training Rate $13.38 $13.88 $17.38 Start $16.38 $16.88 $17.38 6 Months $16.38 $16.88 $17.38 Page 275 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 33 1 year $16.70 $17.20 $17.71 2 years $17.13 $17.63 $18.15 3 years $17.48 $17.98 $18.51 4 years $17.94 $18.44 $18.99 5 years $18.21 $18.71 $19.27 6 years $18.70 $19.20 $19.77 7 years $19.10 $19.60 $20.18 8 years $19.61 $20.11 $20.71 9 years $20.05 $20.55 $21.16 10 years $20.86 $21.49 $22.13 11 years $20.86 $21.49 $22.13 12 years $20.86 $21.49 $22.13 13 years $20.86 $21.49 $22.13 14 years $20.86 $21.49 $22.13 15 years $25.65 $26.42 $27.21 Average $20.31 $21.20 $22.20 Benefits Package All full-time employees (35+ scheduled hours per week) can participate in the following benefits programs. Safety Bonus: $200 per year for performing their duties in a safe manner and maintaining a good attendance record. Attendance Bonus: Employees are eligible to receive a $50 bonus for every month of perfect attendance. Vacation Pay: MV honors all existing drivers’ level of vacation. Employees new to the system receive 40 hours after 1 year, with the amount increasing as seniority is gained to 80 hours after 3 years, 120 hours after 10 years. Sick Pay: All employees receive 40 hours of sick pay per year. Medical & Dental Insurance: MV provides medical and dental insurance to full-time employees. Each plan has dependent coverage available. Current employees with medical insurance have no waiting period to avoid disruption in coverage. Flexible Spending Accounts (Health Care FSA and Dependent Care FSA): These programs allow employees to put aside pre-tax money to pay for childcare or eldercare expenses while employees work, and to pay for qualifying out-of-pocket medical expenses (such as copays and Page 276 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 34 other covered items.) Employees are eligible to participate in both plans on their normal benefits eligibility date. Employee Assistance Program: MV offers confidential counseling services at no cost for employees and family members (3 in-person sessions per incident per year). There is a 24/7 resource and referral line for counseling, financial assistance, legal problems, and many other issues. Life and AD& D Insurance: In addition to its health insurance plan offerings, MV also offers company-sponsored supplemental life insurance and Accidental Death & Dismemberment (AD&D) insurance plans through The Standard Insurance Company. The supplemental life insurance plan is available to employees, their spouse/domestic partner, and their children. The AD&D insurance plan is available to employees. Holiday Pay: Six paid holidays are offered for full-time employees. Employees hired from the existing contractor will receive this benefit from day one. 401 (k): All employees are eligible to participate in MV’s 401(k) retirement program where 2) Recruitment During implementation, MV will thoroughly evaluate the current staffing and service structures to identify the minimum number of operators needed to perform this contract. MV will fill most of the staffing positions with existing personnel, if possible. Retaining as much of the current workforce as possible minimizes the element of change for the system’s passengers during the service transition. For any open positions, MV uses industry publications and several online resources. To maximizes the company’s exposure to talent within the industry and like industries, MV has a strategic partnership with CareerBuilder.com. The company’s postings are automatically linked to over 50 diversity postings. The company also uses the services of: Page 277 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 35 As part of MV’s commitment to veteran employment, the company also uses America’s Job Exchange. This tool expands MV’s outreach to include agencies including: JOFDAV.com; DisabledPerson.com; and 4000 additional community-based organizations sites. Locally, the company participates in local job fairs – and includes those that focus on returning veterans and/or spouses of veterans. Once MV has garnered a strong applicant pool through aggressive recruiting, it will begin the process of finding team members who will provide safe, friendly, and timely service to your customers. A prospective employee must possess the ability to work well with the public and to respond to inquiries in a positive and professional manner. 3) Application, Qualification, and Hiring Process Completing Application MV posts all career opportunities – from vehicle operators to management staff – on the career section of the company’s website (http://careers.mvtransit.com); this is powered by CareerBuilder, LLC. An applicant begins the employment process by completing an online application. After the application is completed, it is reviewed by the local hiring lead (for this contract, this is the Project Manager Bill Hipp) to determine if qualifications are met. If the applicant meets the minimum requirements, the qualifications process will begin. Qualifying Applicant The hiring lead will contact the applicant and request that he or she reviews and signs the required release documents. Candidate •Application Completed Hiring Division Manager •Application Reviewed Qualifications Deparment •Background Checks Page 278 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 36 Required release documents include: Application for Employment MV’s Background Check Disclosure and Authorization release FTA DOT Disclosure and Authorization FMCSA DOT Disclosure and Authorization I-9 Express Online I-9 verification Once signed, the applicant’s background checks are ordered. All employees must pass a mandatory pre-employment drug test. Additionally, depending on the position, applicants may be required to pass either a DOT or Non-DOT physical examination. MV’s qualifications department will contact the hiring lead within 72 hours once the applicant is qualified for hire (or qualified pending additional information). MV Transportation, Inc. has an Equal Opportunity Employment (EEO) policy in place and will not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, disability, national origin or any other characteristic protected by the law. Motor Vehicle and Criminal Background Reports An applicant’s motor vehicle report (MVR) will be assessed to determine if any of the following items are present: Serious traffic offenses in the last three (3) years More than three (3) moving violations in the last three (3) years Pattern on the motor vehicle report (MVR) All criminal convictions and motor vehicle reports are reviewed and assessed based on the Equal Employment Opportunity Commission (EEOC) guidelines, along with the following eligibility factors: The frequency, severity, and nature of the conviction The age of the applicant at the time of the conviction The elapsed time from the date of the conviction to the present Page 279 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 37 The relationship between the nature of the offense and the type of employment Evidence of rehabilitation, successful employment history, and any aggravating, mitigating or extenuating circumstances Adverse Checks If the background check reveals adverse information, MV’s qualifications team will initiate an individual assessment. The applicant will receive a pre- adverse letter, along with a copy of their background reports. The applicant is given an opportunity to contest their background reports within 10 business days. If the applicant provides appropriate documentation clearing the issues cited, the hiring lead is notified that the applicant is qualified for hire. If the applicant is unable to clear the report within 10 business days, then the qualifications department issues a disqualified notification to the hiring lead, who will, in turn, notify the applicant. Considerations An adverse result is reviewed and assessed for an applicant who has the following: No more than five points on any State issued driver’s license in the past five years. Must meet Drug and Alcohol Testing Standards. Eligible applicants have not been convicted of DUI within the preceding five years and have no criminal charges pending for an offense of driving while intoxicated or under the influence of a controlled substance. Applicants with a felony criminal conviction within the last 10 years will not be eligible for employment. Job applicants with convictions of violence or sexual offenses, whether felony or misdemeanor, are not eligible for employment with MV. The applicant must not be subject to outstanding warrants for arrest. Page 280 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 38 Medical Examination Reports The company requires all applicants for safety- sensitive positions to undergo medical examinations. The hiring lead will schedule an online appointment with eScreen, Inc., and notifies the applicant. All exams and test results are reviewed by a medical review officer (MRO) to assure compliance with DOT requirements – this review is based on the medical standards set forth by FMCSA (49 CRF 391.41) and medical guidelines. MV requires applicants to undergo this examination to establish the applicant’s fitness to perform the job for which they have applied, without endangering the health and safety of themselves or others. All exams are performed by a physician or licensed medical facility designated or approved by the company. A current employee may be required to have a medical examination under the following conditions: Exposure to toxic or unhealthful conditions, a request for an accommodation due to a disability, or is unable to perform essential job functions due to a medical condition. Physical Examinations An applicant in a safety-sensitive position must also undergo a pre- employment physical examination performed at MV’s expense by a physician of the company’s choice. Other exams may include a DOT physical or other physical testing. Drug and Alcohol Testing MV has a Zero Tolerance Drug and Alcohol Policy and Substance Abuse Program that complies with both FTA and DOT standards of compliance. This program integrates three critical components in the implementation of this program: Prevention through education and training Detection, deterrence and enforcement Treatment and opportunities for rehabilitation Page 281 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 39 The Policy Drug and Alcohol Policy comprises the following four activities: Take appropriate action to assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; Foster and maintain a drug and alcohol – free environment for all employees and patrons; Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; Encourage employees to voluntarily seek professional assistance whenever personal problems, including alcohol or drug use, may adversely affect their ability to perform their assigned duties. The Program Every MV employee is subject to the four drug and alcohol screening types, pursuant to their employment category (safety-sensitive versus not safety- sensitive). Please note that under MV’s Zero Tolerance Drug and Alcohol Testing Program, a positive screen or refusal to be tested under these conditions results in termination of employment. Testing Types Pre-Employment •All job candidates considered for hiring are required to successfully complete and pass a pre-employment drug screen prior to receiving an offer of employment. Failure to submit to testing, or a positive screen, results in the denial of employment. Random •All safety sensitive employees are automatically entered into the company pool for random testing pursuant to FTA regulations. Post-Accident •We conduct DOT post-accident drug and alcohol testing immediately following an on road incident meeting FTA/DOT criteria. Any employee involved in the incident or accident is subject to testing. If the accident does not meet the FTA/FMCSA testing criteria, MV reserves the right to test any safety sensitive employee regardless of the severity of the incident. Reasonable Suspicion •Employees are subject to reasonable suspicion testing if significant and observable changes in their performance, appearance, behavior, speech, etc. provide reasonable suspicion of the influence of alcohol/ drugs. All frontline personnel are observed by supervisory personnel who are certified as having completed the DOT Supervisor’s Class in Reasonable Suspicion Training in Drug and Alcohol. Page 282 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 40 Leadership Our Zero Tolerance Drug and Alcohol Testing Program is managed by the Senior Director for H/R Drug and Alcohol Compliance, Cristina Pereira. She works closely with MV’s local operations and representatives of the FTA and DOT to confirm that our policy and program is up to date and compliant with all regulatory requirements. Cristina and her team process all test results and communicate the outcomes to our local management team. Partnerships We work with AlereTM Toxicology for all laboratory services and Dr. Stephen Kracht, M.D., D.O., who serves as the Medical Review Officer conducting MRO services for our company. All random screens are managed using the MYeScreen technology, which provides a computer-generated selection process program that randomly selects employees for testing without bias or discrimination. Assignments are available on the first of each month to begin performing testing immediately. Locally we use local occupational health clinics to perform the urine and breath alcohol collections for testing. For substance abuse professional services, we partner with American Substance Abuse Professionals (ASAP) for referrals. Training Once hired, all MV employees receive FTA-compliant training that outlines MV’s Zero Tolerance program. Drug and alcohol testing procedures are addressed as part of initial employee training and annual refresher training. As required by the FTA, initial training includes at minimum 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. All supervisors and personnel authorized to make reasonable suspicion determinations receive additional training on the indicators of drug and alcohol use. This includes training in the following areas REACT Reasonable Suspicion Decision Training Manual MV’s 10 Steps to Successful Reasonable Suspicion Testing Checklist MV’s Reasonable Suspicion Determination Form Page 283 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 41 MV’s Reasonable Suspicion Testing Interview Procedures Quick Tutorial Program Updates We recognize the importance of remaining compliant and up to date with all regulatory program changes. Effective January 1, 2018, MV has updated its drug and alcohol program to align with the US DOT revisions to 49 CFR Part 40, Procedures for Transportation Workplace Drug & Alcohol Testing to reflect the following changes: Opiates are reclassified as opioids and now include hydrocodone, hydromorphone, oxycodone, and oxymorphone in addition to codeine, morphine, and 6-acetylmorphine (heroin) and their brand names. Testing analytes have been revised. A positive screen for amphetamines/methamphetamines or THC (marijuana metabolite); the MRO will have the authority to conduct further testing. The MRO must now provide employees with up to five days after reporting the verified negative result to have the prescribing physician contact the MRO to determine if the medications can be changed to one that does not make the employee medically unqualified or that does not pose a significant safety risk before reporting the “safety concern” to MV. Audits MV has successfully completed each FTA audit to which we have been subject. 4) Performance Review MV’s labor management program for all employees starts upon hiring when each MV employee receives an employee handbook covering the following written standards of conduct and performance: Employment Guidelines: MV’s employment policy and guidelines. Code of Conduct: Outlines the ethical standards that each employee is held to and provides guidance in determining what behaviors are not consistent with MV’s ethics policy. Page 284 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 42 Drug and Alcohol Policy: Provides a description of MV’s Drug and Alcohol Policy, clearly defines the expectations of each employee in this area and provides due notice of all substance testing. Throughout each employee’s term of employment, employee performance is documented in writing in the following manner: Managers, Supervisors, Office and Maintenance Staff Not Represented by a Collective Bargaining Agreement: Receive an annual performance review that includes a self-assessment worksheet, formal written review from their direct supervisor, and a meeting to discuss performance achievements and deficiencies. Performance is reflected in annual increases and in employment status. Vehicle Operators: Are evaluated based on performance (accidents, incidents, complaints, compliments) as well as on-road ride checks and observations. Performance is reflected in their employment status as well as the award of performance-based bonuses. All wage increases are determined by the defined wage scale. Staff Represented by a Collective Bargaining Agreement: Are evaluated based on performance (system efficiency, compliments, complaints) as well as an annual performance review by the employee’s immediate supervisor. Performance is reflected in their employment status as well as the award of performance-based bonuses (when applicable). All wage increases are determined by the defined wage scale. A critical component of MV’s overall human resources program is its employee relations center. This function is overseen by both an experienced Director and Manager of Human Resources. All involuntary terminations are carefully reviewed, documentation is examined, and then a decision is reached to either approve or deny a termination. If the termination involves an employee represented by collective bargaining, MV’s director of labor relations is also included in the termination review. 5) Vehicle Operator Training MV uses a state-of-the-art training program that our safety and training team developed in partnership with AVATAR Fleet. This program uses an adult-based learning platform and is designed to transform new hires into professional operators. Page 285 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 43 The program is modular based, meaning we can substitute or add in parts of the training that apply specifically to the service we are providing and the passengers we serve. Moreover, the individual modules can be easily repurposed in retraining and refresher sessions throughout an employee’s career. The company is constantly working with its teams to refine this training; most recently in 2017, MV worked with AVATAR to refresh the training to meet the changing needs of our industry. This resulted in additional training areas to ensure a best-in-class workforce. The program combines training in the classroom and onboard the bus, and includes bus orientation, driving observation, closed course, and in-service practice. Throughout the training sessions, trainees are quizzed and tested to ensure they have a strong grasp of the concepts taught before moving forward. Interactive, comprehensive, and safety-focused, this training has produced an exceptional workforce in MV’s locations across the country. Overview of Training Components The overall hours of training provided for each service mode are as follows: Each training component has a purpose and contributes to building a professional operator. Individually, these sessions provide the education and training needed to drive professionally. Together, they provide the right foundation for a safe, tenured professional operator. Classroom Training: Classroom training is instructor-led. Trainees receive an education using a combination of video, lectures, and interactive discussions. These concepts taught are reinforced with a written study guide. The topics addressed in classroom training include but are not limited to defensive driving principles, hazardous communication, security awareness, employee policies and procedures, employee wellness, sexual harassment, bloodborne pathogens, map reading, and on-road procedures. Each module ends with a test, and when classroom training is completed, trainees take a cumulative, closed-book exam. Employees must pass with a score of 80 percent or higher in order to proceed to the next phase of training. Pre-Driving Skills: Pre-driving training occurs on the vehicle. During this training, the trainees are familiarized with the vehicle and its size Component Fixed Route Hours Classroom 40 Pre-Driving Skills 6 Observation 40 Behind the Wheel 40 Cadetting 40 Total 126 Page 286 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 44 and spacing. They have a chance to sit in the driver’s seat and learn about the various onboard controls, mirrors, and any onboard technology. Observation Training: During the observation portion of training, students observe a certified trainer operate the vehicle. This provides insight into how they must handle the vehicle and how proper vehicle handling impacts the passenger experience — the trainer comments throughout the observation training, explaining to the trainees what he or she is doing. Behind the Wheel (BTW) Training: The behind the wheel (BTW) training portion of training affords the trainee the opportunity to master what they have learned in the classroom and on board the bus, to hone their driving skills. This training starts on a closed course, then moves on to the road. Behind the wheel training confirms the trainee possesses the skills necessary to ensure the safe on-road operation of the vehicle. All trainees must demonstrate mastery of 26 specific defensive driving and performance skills before graduation. During these sessions, trainees are introduced to major trip generators, such as transit centers, adult day health care centers, senior centers, and dialysis centers. This familiarizes students with common stops and establishes relationships with staff and passengers within the service area. Cadet Training: After completion of the behind the wheel training, each trainee is provided with in-service cadet training with a line trainer. Operators operate the vehicle and all onboard technology in service and interact with the passengers on a practical level. During cadet training, the trainee is closely monitored and receives his/her final road and training evaluation. Any areas of needed remedial training are identified and documented. MV recognizes that not every operator is one hundred percent ready to enter revenue service after the base training program; MV offers up to 40 hours of remedial training. During the cadetting period, any areas of needed retraining are identified and administered based on this need. Post-Training Checks: To confirm the effectiveness of our training program, we check each new operator’s performance at 45, 60, and 90 days post-training. Page 287 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 45 Foundation of our Program Like our operations, our training is based on a foundation of safety and customer focus. Driving principles echoed throughout the learning process focus on safety, preventability, customer care, and outstanding service. LLLC Defensive Driving MV built its training curriculum upon the Triple L-C, an elegant and easy-to- remember defensive driving course that teaches professionals The Four Driving Principles to Safety™: LLLC is predicated on the concept that all accidents have a cause, which can always be traced back to one or more people – most commonly the operator of one of the vehicles involved in the collision. Whether an operator’s action or inaction contributed to the collision, the collision is preventable. LLLC teaches our operators to drive to prevent collisions, by looking ahead, looking around, leaving room, and communicating. By using these four principles, operators maintain the maximum amount of room around their vehicle, improve their visibility, gain the extra time and information needed to make critical decisions while driving and effectively interact with others on the road to prevent collisions. These principles are reinforced throughout MV’s training program and provide trainees with everything they need to know to avoid collisions. Ultimately, the course helps operators see, think, and act their way through any driving situation. Passenger Assistance MV places a strong focus on passenger sensitivity and assistance. This training starts with educating our trainees in the various disabilities that our passengers may have – and the diverse set of mobility devices they may use. Professional and compassionate assistance is core to our commitment to both safety and customer service. During operator training, we tailor our passenger assistance session to the service we provide; however, all training emphasizes courtesy, Look Ahead™ Look Around™Leave Room™ Communicate™ Page 288 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 46 understanding, and the operator’s responsibility to serve all passengers with equity and respect. All operators are trained in the safe and careful boarding and securement of people using various mobility aids. This provides a realistic understanding of the time and attention required for this process. Our training sessions include interactive sessions with trainees to foster an experiential understanding navigating the system with a disability. This includes having trainees board the bus using a mobility device, or with their eyes closed. We also invite representatives from the community, local advocacy groups, and care facilities to speak to our trainees during the classroom sessions. Here, trainees can ask questions and learn more about the various experiences of our passengers. At the end of this training, operators must become certified in mobility device securement. This certification is administered annually to ensure the ongoing safety of our passengers. Customer Service Training While customer service is reinforced throughout the entire training experience, MV dedicates four hours of focused customer service training. Developed by MV’s learning and development team with input and feedback from our top general managers, Platinum Connection Customer Service (PCCS) teaches trainees how to professionally and empathetically connect with passengers. The program uses the acronym ACE to remind trainees of the strategies to achieve excellence in customer care: Awareness (self-awareness, awareness of customer expectations) Choice (communication – verbal and non-verbal, conflict management) Empathy (putting yourself in someone else’s shoes) The PCCS program teaches employees how to make passenger-centric, solution-focused choices with a focus on personal responsibility. This interactive program uses video examples of customer service situations to guide participant discussion, and facilitator-led activities to enable participants to practice their customer service skills. Throughout the operator’s career, PCCS is refreshed during safety meetings to keep customer service at the forefront of all actions. Page 289 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 47 6) Dispatcher Training MV’s training program for fixed route dispatchers is designed to prepare dispatchers for effective service management. Topics include: Prerequisite Training: Dispatchers are required to have completed 126 hours of MV’s new operator training program prior to becoming a dispatcher. Service Overview: Training begins with an introduction to MV and the trolley, followed by an overview of service and ADA regulations. This includes a discussion of employee expectations, service hours, and important phone numbers. Customer Service Training: MV’s proprietary four-hour customer service training program was recently developed and deployed by MV’s learning and development team and is described in detail in the operator training above. Radio Protocols: Dispatchers learn radio communication codes and how to manage emergencies over the radio. Vehicle Monitoring and Personnel Control: This training covers the use of the rollout log, making bus assignments, use of standby/extraboard, daily labor control, checking DVIs and paperwork, and reporting and troubleshooting vehicle maintenance problems. Operator Supervision: Dispatchers learn about reasonable suspicion and administering FTA drug and alcohol regulations. This includes instruction in basic discipline, attendance procedures, extraboard management, and time clock management. Emergency Procedures: This training familiarizes dispatchers with transit safety, accident/incident procedures, security and incident command system procedures, the City and DOT emergency action plan implementation strategies, and communication and ensuring a prompt and appropriate response. This training also prepares dispatchers for specific events, such as passenger illness on the bus, natural disasters, vehicle breakdowns, severe weather, violent passengers, and other issues that may arise during service. Observation and Supervised Job Performance: Dispatchers shadow a senior agent while on the job. During this mentorship training, these team members observe the dispatcher’s duties in action. After the observation period, dispatchers perform their job duties while under supervision. Dispatchers are cleared for duty when they have demonstrated enough understanding and competency in the components of the dispatch office, Page 290 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 48 how routes interline (in order to promote successful transfers), operator efficiency, and the City’s customer service standards. 7) Refresher Training Vehicle Operators In addition to refresher training provided during MV’s monthly safety meetings, MV requires mandatory retraining at the following points of an operators’ employment: Type of Retraining When it is provided Length of Training Description of Training Return to Work (after 30 days or more of inactive status) Required when an operator returns from inactive status (from a period of 30 days or more). 8 hours This training consists of a 6-hour classroom review and a 2-hour behind the wheel road check. These focus on safety standards, defensive driving skill, and vehicle familiarity. Post-Accident / for cause Required for any driver who has received a “preventable” rating for an accident/incident. This training is scheduled and given within 10 days following the formal accident rating. Varies based on operator’s ability to perform tasks to standard. Post-accident retraining is focused on correcting driving deficiencies and standards that contributed to the accident. The operator must demonstrate the ability to perform all the required tasks to standard before being allowed back to driving duties. Seasonal Refreshers These refreshers are conducted in preparation of operations during certain periods of the year, typically in the fall. Varies based on location and topics. The training will include topics/material appropriate for the region, inclement weather, environmental, and traffic conditions. Biannually At a minimum of every two years 8 hours This training consists of a 6-hour classroom review and a 2-hour behind the wheel road check. Focus is on safety standards, defensive driving skill, and vehicle familiarity. Staff/Dispatch/Radio Personnel In addition to the 12 hours per year for monthly safety meetings, monthly departmental meetings are held where relevant topics are discussed. Customer service, efficient reporting, best uses of provided technology, etc. are discussed providing an additional 12 hours of retraining per year. Page 291 of 427 Management Resumes Page 292 of 427 C. Bill Hipp Project Manager Resume, Page 1 CONFIDENTIAL Mr. Bill Hipp is MV’s proposed project manager for the City of Englewood Trolley. Experience General Manager, MV Transportation, Inc. (Denver, CO) 2012 to Present Oversees daily operations for CU’s shuttle service Manages all aspects of service, ensuring contract compliance Ensures compliance with all local, state, and federal government regulations Ensures that safety regulations were followed and that all training was effective Manages employee hiring, disciplinary actions, and commendations Mandates all safety and training programs Prepares and present monthly client reports General Manager, MV Transportation, Inc. (Black Hawk, CO) 2008 to Present Oversees the daily operation of the Black Hawk bus service consisting of 6 buses and 6 drivers Responsible for daily operation to ensure contract compliance and client performance expectation Manages employee hiring, disciplinary actions, and commendations Mandates all safety and training programs Prepares and present monthly client reports General Manager, MV Transportation, Inc. (Denver, CO) 2007 to 2008 Managed the Black Hawk and Central City Tramway services Responsible for an operation of 193 vehicles and 252 operators for a multi-mode service comprising RTD Access-a-Ride and deviated fixed route Call-n-Ride services Managed all aspects of service, ensuring contract compliance Ensured compliance with all local, state, and federal government regulations Reviewed daily system performance Ensured that safety regulations were followed and that all training was effective Managed on-road service quality Worked closely with the RTD to ensure service was effective and met the demand of the community Coordinated with MV support team on an ongoing basis Project Manager, Laidlaw Transit Services, Inc. (Denver, CO) 2002 to 2007 Responsible for ADA paratransit services under contract to RTD for the Access-a-Ride service, managing 94 vehicles and approximately 120 employees Also responsible for operation of Call-n-Ride services on behalf of RTD, including establishment of many Southeast Corridor routes to augment RTD's light rail system. Management of 20 vehicles and approximately 30 employees Maintained oversight of all aspects of operations, including supervision of managers/departments, fleet maintenance, operations, safety & training, human resources and union relations Page 293 of 427 C. Bill Hipp Project Manager Resume, Page 2 CONFIDENTIAL Performed daily statistical analysis with emphasis on efficiency and quality of service Ongoing contract with various municipal agencies, including RTD, its Board, as well as other contractors, Senior Citizen resource centers, and other community service agencies Awarded Transit Employee of the Year (2006) by Colorado Association of Transit Agencies (CASTA). Nominated for this recognition by the President of the Board of Black Hawk Transportation Authority Director of Operations/ CCTM, Special Transit (Boulder, CO) 1996 to 2002 Managed fixed-route, demand response paratransit and complementary ADA services throughout Boulder County and Metro Denver Oversaw approximately 350 employees and a fleet of 230 vehicles Directly responsible for operation of Denver Access-a-Ride service, including oversight of four subcontractors as well as all reservations, scheduling, dispatching, and data entry functions Instrumental in the successful completion of a major re-design and renovation of a new, additional office building to serve as the Center for Operations, Fleet Management and Communications. This $300,000 project came in under budget and on time Factored in Special Transit's extensive growth during 6-year tenure, including addition of new services, a significant increase in ridership Sales Representative, O’Meara Ford Center (Northglenn, CO) 1995 to 1996 Direct sales to customers Assistant Director of Operations, American Medical Response (Denver, CO) 1979 to 1995 Responsible for all of Metro Denver, overseeing approximately 200 field personnel and 60 vehicles. Education and Training CASTA Conference Training Course Certified Community Transit Manager AZSTAR (a national EMS insurance provider) Certified Safety Manager St. Anthony's Hospital (Denver, CO) General Paramedic Educational Program/Paramedic Aurora Presbyterian Hospital (Denver, CO) Emergency Medical Technician Program Page 294 of 427 Tab 6: Operations and Maintenance Program Tab 6: Operations and Maintenance Program Page 295 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 49 6. Operations and Maintenance Program a) Safety Program Document BIDDER’S safety program along with the most recent safety statistics (i.e., accidents per 100,000 miles) for CONTRACTOR operations. In 2018, MV operated approximately 296,000,000 miles in areas of high density, extreme weather, and gridlock traffic. From the borough of Manhattan to downtown Los Angeles, to Anchorage, Alaska and Las Vegas, Nevada – our company provides passenger transportation service in some of the most challenging operating environments. We have maintained stellar safety performance – with a 2018 accident frequency rating of just 0.044 preventable accidents that meet NTD reporting thresholds. MV Miles Driven MV Preventable Accident Frequency* *Based on NTD reportable thresholds MV’s safety and security program is built upon five core tenets of safe service operation: People perform their jobs well when they are motivated We must constantly remind our team of the importance of safety Providing opportunities for employee development improve safety performance Safety is enhanced with on-board monitoring systems 204.5M 214.9M 210.8M 238.8M 265.4M 270.3M 273.1M 291.2M 294.9M 292.1M 296.2M 2008 2010 2012 2014 2016 2018 0.117 0.088 0.098 0.088 0.082 0.052 0.057 0.060 0.051 0.058 0.044 Industry Standard = 1 Industry Standard = 1 0 1.2 20082009201020112012201320142015201620172018 Page 296 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 50 Safety policies and procedures establish the framework from where our safety program will flourish. Motivational Awards and Incentives Employee recognition and positive reinforcement is an important part of a positive work culture and employee relations program. We tie this critical component of our operation to safety and security by creating fun, safety-focused teambuilding activities throughout the calendar year. Competitions, contests, raffles, and parties bring our team together while promoting safety operating behaviors – creating an environment where safety remains the basis for the company’s culture, celebration, and reward. MV’s Engle Trolley team will work together to form either a safety committee or an employee steering committee. These groups will work together to develop motivational awards and company events that appeal to the local team. Some examples of successful programs include: “DriveCam Event-Free” contest: All operators participate in this monthly pool. A vehicle operator without a DriveCam incident within the 30 days, qualify to participate in a raffle to receive a gift certificate for dinner, movie tickets, and Target or Wal-Mart gift cards. The recipients are also recognized during monthly safety meetings, and their name is displayed on the company’s service excellence announcement board. Safety Challenges: Employees that complete 30 days without a preventable incident are eligible to win prizes, including televisions and mobile devices. In addition, each MV location participates in company-wide programs: Safety Bonus: Operators exhibiting safe driving behavior (no preventable incidents) and a strong attendance record receives a $900 annual bonus paid bi-monthly The Katherine McClary Operator Award: This award recognizes our finest vehicle operators across the country. Qualifying operators must exhibit safe and professional driving behavior, a positive work attitude, excellent customer relationships skills, and strong attendance record. Quarterly, annual, regional, and national awards are presented. Safety Pins and Patches: Operators are given safety pins and patches for each year completed without a preventable accident or injury. Page 297 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 51 Safety Blitzes and Other Safety Events: Our local management team will host safety blitzes and/or other employee events to promote safety messages. Safety Awareness Safety Messages Daily, a corporate issued safety message is published and delivered to all MV locations. Each message is posted at the location and read over the radio by dispatch. Additionally, all meetings and conference calls must begin with a safety message. Mandatory Safety Meetings Safety meetings offer an opportunity to provide refresher training and address timely topics. All our Englewood Trolley employees must attend this hour-long meeting each month. We hold multiple meetings to accommodate operator and staff schedules. Maintenance safety meetings are held separately and focus on maintenance safety. All safety meeting agendas are issued by our central safety team and address various safety-related topics. Additionally, monthly safety tasks are assigned with the safety meeting schedule (see table below). Every MV location receives a safety meeting support packet to aid the meeting facilitator. Support packets include the meeting agenda, an outline for the meeting discussion, and supporting handouts and posters. Page 298 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 52 2019 Fleet Topic Maintenance Safety Topic Injury Prevention Topic Monthly Task January Following Distance Slips and Falls Slips, Trips, and Falls Facility Inspection Complete OSHA 2018 log February Left Turns and Pedestrians Bloodborne Pathogen Strains and Sprains Back Safety Facility Inspection Post-2018 OSHA 300A Summary March Right Turns and Pedestrians HAZCOM Fatigue Management and Wellness Facility Inspection OSHA log review April Defensive Driving Emergency Action Plan Emergency Action Plan Facility Inspection Remove OSHA 300A Summary May Intersections and Pedestrians Heat Stress Heat Stress Facility Inspection June Mobility Device Securement Lock Out–Tag Out Bloodborne Pathogens Facility Inspection National Safety Month July Customer Service & ADA Sensitivity Announcements Machine Guarding HAZCOM/ Lock Out-Tag Out Facility Inspection Wheelchair Re- certifications August Fixed Objects PPE (Personal Protective Equipment) Ergonomics Facility Inspection OSHA Log Review September Pedestrians and Cyclists Injury and Illness Prevention Program (IIPP) Injury and Illness Prevention Program (IIPP) Facility Inspection/ Review and Update - Facility Emergency Action Plan (Safety Policy #21) October Distracted Driving Fire Safety and Extinguisher Training Fire Safety / Fire Extinguisher Training Facility Inspection November Adverse Weather Electrical Emergency Action Plan / Fire Drill Facility Inspection December Defensive Driving and Recap Housekeeping 11 Month Review Facility Inspection OSHA Log Review Certifications and Employee Development Wheelchair Certification and Recertification All our Englewood operators and road supervisors will obtain their Wheelchair Recertification annually to ensure safety for all riders. The certification process includes mastery of the following elements as well as an appropriate demeanor – using care and compassion when working with riders with disabilities. To obtain recertification, operators must demonstrate the following procedures: Page 299 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 53 Understand local, state, and federal laws as well as mandates and guidelines that apply to wheelchair use as mobile seating; Conduct wheelchair safety checks; Confirm tie-down systems are in good condition; Use a belt cutter for emergency evacuations; Load and unload riders in wheelchairs; Position wheelchairs on the lift platform; Operate the lift both automatically and manually; Secure wheelchairs using tie-down systems; Care for and maintain securement systems; Communicate clearly; and Exemplify excellent customer service skills. LLLC Certification Our defensive driving program, known as the Triple L-C, teaches professionals The Four Driving Principles to Safety™: Look Ahead™, Look Around™, Leave Room™, and Communicate™. These principles reinforce operators’ focus on maintaining ample room around their vehicle while maximizing visibility and time needed to make safe operating decisions. This program has contributed to the company’s declining accident frequency and improved safe behavior year over year. Within this program, we provide the LLLC Defensive Driving™ Instructor Certification, a three-tier certification process (silver, gold, platinum) that certifies trainers for a period of two years. The training promotes succession; silver-level trainees must complete MV’s new operator development course, the Trainer Certification Process, and the Advanced BTW Instructor Course. Gold-level trainees must complete the two-day certification process, comprising class-based and in-vehicle training. Finally, platinum status is achieved when a gold-level trainee completes a two-day certification in Avatar Master Instructor. Page 300 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 54 Behind the Wheel Certification MV knows that operational safety is contingent on a strong and proven training program. The company’s steadfast commitment to transit training is demonstrated in its unique approach to behind the wheel (BTW) training – we require that all BTW trainers are certified by MV before being released into service. Applicants that meet the following qualifications are considered for the role of a BTW Trainer: Work History Review Form (Preventable accidents, Worker Compensation claims, attendance, discipline warnings, performance reviews) Supervisor Performance Evaluation (conscientiousness, safety oriented, tolerant of stress, excels in teamwork) Completion of a structured interview with the safety and training manager or assistant project manager MV certifies BTW trainers using intense two-day training. Behind the wheel training includes: Group Meeting to discuss Instructor Roles and Responsibilities Self-Directed Courses and BTW Manual Certification Exam Part 1: 50-question multiple choice certification exam based on the principles and theories presented in the three self-directed courses. Candidates must achieve a minimum score of 80 percent to progress to the next step Certification Exam Part 2: 65-question multiple choice exam to assess their general knowledge of MV Transportation performance standards and BTW learning points. Candidates must achieve a minimum score of 80 percent to progress to the next step Certification Exam Part 3: 50-question multiple choice exam to assess their advanced knowledge of BTW information and company performance standards. Candidates must achieve a minimum score of 80 percent to pass this exam. BTW Ride Along Evaluation Page 301 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 55 On-Board Monitoring Systems DriveCam MV uses DriveCam nationally to monitor and support the safety of our operations. With the City’s permission, we will install this technology on every vehicle. We use DriveCam to monitor each operator’s driving behavior. This system gives insight into how operators adhere to company and law enforcement policy and provide our management teams the information needed to administer coaching and retraining. The DriveCam Video Event Recorder (VER) is placed on the vehicle’s windshield. The unit continuously monitors the operator’s behavior and provides real-time in-cab and on-road feedback. Using exception-based monitoring, the camera continuously records; however, video data is only saved when activated by embedded sensors that measure the force exerted on the vehicle (such as abrupt start/stops, sudden turns, accelerations/decelerations, speeding, and collisions). The unit also has a panic button that saves video footage when the button is pushed by the operator (in the event of an onboard incident, a passenger altercation, etc.). When triggered, the system saves data clips for a period of 10 seconds before and 10 seconds after the event. The event video and data are uploaded to DriveCam’s Risk Analysis Center where DriveCam’s trained professionals analyze the events (review, score, and comment on each event) for our management to use in coaching operators and to improve operator safety. Events are stored on a web-based portal for a 90-day period. Afterward, all events are archived to in-house servers for historical data retention. MV has invested significantly with Lytx and has developed subject matter experts in its corporate staff (Ms. Diana Finkle and Mr. Andrew Scott) to support MV’s local team. Although an employee of Lytx, Mr. Scott is assigned full-time to MV’s operations and is based at MV’s Dallas, Texas headquarters. Andrew’s presence within MV’s DriveCam program ensures the most up-to-date programs – including reporting and training – are offered to MV’s customers. This also gives MV a direct line of communication with Lytx’s executive team. DriveCam Video Event Recorder Features On-board Posted Speed Database Real-Time In-Cab Feedback Risk Predict® Technology Collision Video Recording 4 GB Camera storage Telematics Hotspot Mapping Operator-Activated Event Recording (panic button) Page 302 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 56 Mobileye® Collision Avoidance System To supplement its Safety technology program, MV began the national rollout of the Mobileye collision avoidance system in 2017. Mobileye is a windshield-mounted camera that detects other vehicles, pedestrians, and lane divisions in real time. This technology mitigates the primary risk factor that leads to vehicle collisions – operator inattention. An estimated 93 percent of all accidents are a result of human error, with nearly 80 percent of all accidents resulting from operator inattention in the three seconds preceding the accident. This technology helps prevent these collisions. The unit emits an auditory warning1 to signal the operator to apply the brakes to avoid collisions when the following events occur: The vehicle operator departs from the lane The distance between the vehicle and the vehicle in front of it becomes too small A forward collision is imminent A pedestrian is detected The operator exceeds the speed limit The system also offers intelligent high beam control, automatically switching high beams to low beams when oncoming traffic is approaching. Mobileye supplements the safety monitoring capabilities of DriveCam; when Mobileye detects a near collision, the operator’s reaction will trigger DriveCam to begin recording. This additional feedback will enable the DriveCam coach to more thoroughly coach operators in safe driving practices. When used together, MV experienced the following DriveCam results: 2.60% reduction in scored DriveCam events 18.05% reduction in Following Too Close events 59.72% reduction in Pedestrian events 35% reduction in Not Scanning Intersection events *DriveCam Performance – Post-Mobileye deployment at MV’s Philadelphia, PA operation 1 Additional option for haptic warning (shaking seat) is available Page 303 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 57 Safety Policy and Procedures Safety Policy Manual MV’s safety policies set forth operating guidelines that reduce workplace accidents, incidents, and injuries. Our company safety manual comprises more than 40 policies that address vehicle operations, regulatory compliance, maintenance operations, MSDS/ hazardous materials, operational safety practices, and facility emergency management. Furthermore, we issue documented safety guidelines that outline safety-related responsibilities for all safety, executive, and managerial/supervisory roles. These guidelines outline expectations regarding facility safety and upkeep. Safety Point System All operators are subject to the assessment of safety points. The company’s safety point system provides clear guidance for all managers when assessing operators’ driving behavior. For new employees, receipt of four points (or more), or more than two separate safety point assessments, during the introductory period will result in termination. For those non-introductory employees, receipt of six points (or more) in any rolling 18-month period, or receipt of three separate safety point assessments within a rolling 12-month period, will result in termination. Safety points are assessed when an operator is involved in a preventable incident. DriveCam incidents will be assessed points based on severity; all others are assessed as follows: •Failure to cycle wheelchair lift •Failure to do a proper vehicle inspection (DVI) •Driver unbelted or improperly belted when legally required •Failure to stop at a Railroad Crossing 1 Point •Unsafe maneuver(s) or act(s) •Conviction of a minor traffic violation 2 Points •Backing incident or collision •Rear-end collision •Failure to properly load/unload a passenger via the lift 3 Points Page 304 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 58 (*) A major traffic violation is any citation, in either a personal or company vehicle, that involves any item listed under Major Safety Incidents and/or: (1) Driving while intoxicated or under the influence of alcohol or drugs; (2) Failure to stop and immediately report an incident in which you are involved; (3) Homicide, manslaughter, or assault arising out of the operation of a motor vehicle; (4) Driving while your license is suspended or revoked; (5) Reckless driving; (6) Possession of open container or alcoholic beverages; and/or (7) Speed contests, drag racing, or attempts to flee from an officer of the law, (8) leaving the scene of an accident. Emergency and Security Plans MV has specific plans and programs in place designed to mitigate risk and provide a safe, healthy workplace. Each of these plans is available upon request: System Safety Program Plan (SSPP): With the objective to provide a superior level of safety and minimize any and all risk, MV’s SSPP is maintained in accordance with the standards of the American Public Transportation Association (APTA) and the Federal Transit Administration (FTA). System Security and Emergency Preparedness Plan (SSEPP): This set of comprehensive security goals, objectives, and strategies maximize the security of MV’s passengers, employees, and property. This plan is a blueprint for all security procedures. Continuity of Operations Plan (COOP): This plan template provides MV’s operations a base from where to develop its own plan to ensure continuous operations during an emergency. The COOP, which sets forth a concept of •Preventable incident and/or collision up to $15,000 in injuries or property damage 4 Points •Preventable incident or collision up to $20,000 in injuries and/or property damage 5 Points •Preventable incident or collision more than $20,000 in injuries and/or property damage •Any preventable roll-away incident or collision regardless of damage amount •Failure to properly secure/transport a mobility device •Failure to properly secure/transport a paratransit passenger •Failure to immediately report a citation or incident in a vehicle while in Company service •Tampering with, disabling, obstructing, abusing, disconnecting, or otherwise interfering with monitoring equipment •Use of a cellular phone or electronic device while operating a vehicle in Company service •Conviction of a major traffic violation * 6 Points Page 305 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 59 operations, identify essential functions and outlines three potential phases of operation: 1) Activation and Relocation, 2) Alternate Facility Operations, and 3) Reconstitution. Emergency Action Plan: The EAP assists employees and management in making quality decisions during times of crisis, and to comply with the Occupational Safety and Health Administration’s (OSHA) Standard for Emergency Action Plans, 29 CFR 1910.38. Hurricane Preparedness Plan: This plan incorporates an incident command structure and phased approach to preparation, the release of personnel, and shutdown of project operations whenever the best available information indicates a hurricane could impact continued safe operation. Bloodborne Pathogen Exposure Control Plan: MV’s Bloodborne Pathogen Exposure plan provides the guidance and training needed to protect employees against exposure to bloodborne pathogens. This plan complies with the Occupational Safety and Health Administration’s (OSHA) Bloodborne Pathogen Standard, 29 CFR 1910.1030, to eliminate or minimize employee occupational exposure to blood, certain other body fluids, or other potentially infectious materials. Additional Health and Safety Plans include Fire Prevention Plan, Hearing Conservation Program, Hazardous Communication Plan, Illness Prevention Plan, Heat Illness Prevention Plan, and the Lock Out-Tag Out Control of Hazardous Energy Program 1) Most Recent Safety Statistics MV is proud of its outstanding safety record. Although the company operates in some of the most challenging urban environments in the nation, it has maintained an outstanding record of safety. Overall company statistics for preventable accidents meeting NTD thresholds over the past three years are shown in the table below. Safety statistics for MV’s Denver operations are provided below. Year Mileage NTD Incident rate per 100,000 miles driven 2016 294,909,786 0.053 2017 292,131,478 0.058 2018 296,271,972 0.044 Page 306 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 60 b) Operations BIDDER should provide an overall description of the proposed operations: The description should include: -Description of scheduling and dispatching of vehicles, along with spare location and method for activating spare in case of accident, or in maintenance rotations. -Description of fare handling and accounting procedures, if the CITY were to implement a fare system. -Description of process for reporting and following up on complaints. -Procedures for complying with all the reporting requirements and performance criteria. Include sample forms, if available. BIDDER should describe their experience in using programs or computer software to keep up-to-date vehicle operator’s schedules, logs, user records, or other important records. 1) Daily Operations Operator Check In When the operator reports to the facility, they check in at dispatch. The assistant project manager or on-duty supervisor is present, along with MV’s dispatch team. The dispatcher marks the operator as present and hands the operator their vehicle assignment, provides any written notices regarding service adjustments, changes, or announcements, and perform a “fit for duty” review of the operator. This review includes a uniform check, reasonable suspicion evaluation, and a review of each operator’s license. Daily Vehicle Inspections The operator proceeds to the yard and locates their vehicle. When the operator arrives at the vehicle, they initiate the daily vehicle inspection (DVI Year Mileage NTD Incident rate per 100,000 miles driven 2016 6,936,445 0.057 2017 6,955,154 0.014 2018 7,145,978 0.027 Page 307 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 61 or pre-trip) using MV’s standard pre-trip inspection forms. All areas of the vehicle that are inspected, and all results are documented. During peak pullout periods, at least one supervisor is in the yard to oversee the DVI process. This person monitors operators as they perform these inspections, responds to any question’s operators may have, and ensures a timely and coordinated pullout. If the operator detects an issue with the vehicle that presents a safety hazard and will prevent the vehicle from leaving the yard and entering service, the operator notifies dispatch, who contacts the on-duty mechanic. The mechanic determines if the issue can be quickly rectified (for example, a bulb replacement), or the vehicle should be pulled from service (for example, the brakes are not operating properly). If the vehicle must be pulled from service, the mechanic communicates the change with the dispatcher, who assigns a backup vehicle (which is already pre-tripped) to the operator. The mechanic places the vehicle out of service and performs all required Lock-Out-Tag-Out procedures. If the mechanic can make the repair quickly and easily, they do so, and the operator notifies dispatch as they depart the yard and proceed to the first stop. If the operator does not detect a safety-related defect that would prevent the vehicle from entering service, the operator notifies dispatch as they depart the yard and proceed to the first stop. Dispatch Operations A dispatcher is on during all hours of service to respond to issues and monitor service. Route Initiation Upon arrival at the first stop, the operator changes the vehicle head sign from “Out of Service” to the proper route number and name. If the operator is early, they don’t leave the stop until the first scheduled departure time. The operator proceeds to the next stop at the scheduled departure time. MV’s dispatch team continually monitors service delivery in order to resolve any issues that arise quickly. Page 308 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 62 Standby Operators, Spare Vehicles, and Backup Service MV’s supervision, safety, and maintenance programs minimize the number of delays, preventable incidents, and roadcalls experienced in the system; however, MV’s team is prepared for these unfortunate events should they occur. A core component in service reliability is the appropriate deployment of protection and/or backup service. MV’s operational plan offers the following measures to ensure service reliability, minimize deadhead, and improve operational efficiency: Assignment of extraboard shifts during peak hours Daily assignment of standby operators Assignment of pre-tripped, standby vehicles at the operating facility Support vehicles dedicated to operator relief Extraboard Operators Extraboard operators are available as a backup when operators do not arrive to work on time and as scheduled due to vacation or illness. Upon becoming aware of a driver deficiency, the dispatcher places a call to an extraboard operator alerting them of the available shift. When they arrive at the division, they are provided route paddles to assist them in throughout the service day. Standby Operators Standby operators are posted at the facility and are available to relieve service in the event of an operator illness, roadcall, or any incident that results in a vehicle being placed out of service for an extended period. When a standby service is required, the standby operator responds directly to the scene of the incident, and when necessary, meet the in-service vehicle in order to transfer passengers efficiently. The standby operator completes the remainder of the route until shift end or otherwise directed by dispatch. Page 309 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 63 Backup Vehicles Backup vehicles are pre-tripped vehicles that are parked at the operating facility. These vehicles are available for use in the event of a service disruption such as a vehicle incident or roadcall. MV has a significant workforce located at its Denver location so backup operators, cross-trained to drive for the Englewood Trolley, are available at no additional cost to the City of Englewood. Road Supervision Road supervisors are responsible for the dissemination of critical information, such as service changes and system announcements to the operator team. They serve as the go-to resource in the field for MV’s operator team. They perform incident investigations, administer drug and alcohol testing procedures, respond to roadcalls, and resolve passenger disputes as needed. Based on their findings for these various activities, the assistant project manager administers progressive discipline pursuant to the collective bargaining agreement. Road supervisors perform operator evaluations to ensure each operator is safely and correctly performing their job. Road observations are performed discreetly (and unannounced) without disruption to service, and include the following review types: Observed Ride Checks: Observed ride checks are on-board evaluations of an operator’s customer service and safety skills. Areas that are evaluated include safe vehicle operation and professional passenger interaction. During this check, the operator’s credentials are checked to ensure proper certifications are up-to-date and in the operators’ possession. Unobserved Service Checks: Unobserved service checks are random inspections that assess operators’ driving and safety skills from the road. Road Supervisors perform these checks from their service vehicle (following the operator). Operators typically are unaware that these evaluations are being performed. Mobility Device Securement Spot Checks: These random inspections are on-vehicle reviews of an operators’ ability to safely and properly secure a mobility device. The supervisor meets the operator at Page 310 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 64 a location where a passenger using a mobility device is being picked up, boards the vehicle, and closely observes the way the mobility device is secured. Pullout Inspections: Pullout inspections are unannounced and occur frequently. A supervisor is stationed in the yard and confirms the operator is in proper uniform, has the appropriate credentials on their person, and is prepared for service that day. The supervisor then checks the vehicle to confirm it is clean and ready for service. End of Operator Shift When the operator has completed their shift, they notify dispatch and head to the yard. The operator ending their shift performs a walkthrough of the vehicle to collect any items left on board and disposes of any trash. Then the operator performs a post-trip inspection. 2) Fare Handling and Accounting Procedures MV recognizes that fares are not collected at this time; however, the City reserves the right to impose a fare collection process. MV currently tracks ridership on logs acceptable to the City; these logs are used for the purpose of ridership reporting. MV’s fare collection procedures are provided below for the City’s information. MV understands that the vehicles utilized for the service are not equipped with fareboxes. MV is familiar with this model of service and uses a system of fare-bags that are distributed and collected daily by dispatch staff. MV will collect fares in accordance with procedures decided on by the City and MV. MV will record these sales and the fares on logs acceptable to the City. Bill Hipp is responsible for accurate counting of fare revenues. These counts will be monitored and reviewed by MV’s interim chief financial officer, Erin Niewinski, for security reasons. To increase accountability, the following procedures will be implemented. As operators check in for duty each day, they will be given a fare-bag with their manifest and keys. Fares will be collected in the fare bag. Page 311 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 65 At the end of the day, the fare bags are returned to dispatch, cross- referenced with the daily manifest, and confirmation of the amount is signed by both the operator and dispatcher. The fare bag is placed in a vault, or locked cabinet to be counted the next day. Another empty fare bag will be distributed for service the next day. The next business day, these fare bags will be removed by Bill to be counted. As fare bags are opened and fares counted, the counts will be referenced to the driver trip sheet. If variances exist, Bill will investigate the discrepancy and take appropriate action to correct the problem. Bill will complete the deposit slips and record these on the deposit log. This log, in addition to the bank statement, will be provided to the City monthly for invoice verification purposes. Bill will place the emptied fare bag in a secure location to be placed back into the vehicle the next service day. All fare bags will be permanently marked with serial numbers and tracked to ensure immediate awareness if a bag is missing. Copies of deposit slips will be forwarded to the City. 3) Complaints and Commendations Expedient response to all complaints, comments, and commendations is critical to customer service excellence. All employees are taught to exhibit professionalism and care when receiving a complaint. The company’s general guidelines for handling a customer complaint are as follows: Actively listen and document all necessary information. Respond politely and patiently, taking care to appropriately document and confirm the details of the comment. If the comment is a complaint, inform the customer that it will be investigated and that a supervisor may contact them directly as part of this investigation. Thank the caller for his or her time. Page 312 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 66 MV will immediately take appropriate actions and begin an investigation of all complaints to determine validity. Complaints that are serious in nature must immediately be brought to the attention of the regional vice president and the City. Depending on the nature of the complaint, either the project manager and/or regional vice president will personally handle these types of complaint investigations. Complaint investigation includes one or more of the following actions: Telephone conversation with the complainant to understand the details of the complaint Conversation with all operators, dispatchers, road supervisors, and any other staff involved in the situation Review of any DriveCam clips related to the event Review of all dispatch logs, trip sheets/manifests All steps taken during the investigation are documented and filed. If the results of the investigation yield a validated complaint, a copy of the complaint documentation is filed in the affected employee(s’) employment file, and a letter acknowledging the complaint and remedial steps taken is issued to the complainant. Employees who receive repeated valid complaints will be disciplined appropriately up to and including termination of employment. A formal complaint report will be provided to the City, and the complaint will be logged and submitted with all monthly reports, as required. 4) Reporting Please see section 3.b) Computerized Management Information Systems. c) Maintenance Program Describe your vehicle maintenance program such as milestones for routine, and scheduled maintenance. Describe citations from enforcement agencies during the past twenty-four (24) months for operating unsafe/deficient equipment. Additionally, vehicle cleanliness is important to the CITY. Describe your cleaning program for the exterior and interior of the vehicle, and how it will accommodate the Denver Metro area’s seasonal weather variations. Page 313 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 67 This section serves as MV’s maintenance plan for Englewood Trolley. If the City awards MV this contract, the company will base its annual FTA-required maintenance plan on this narrative. MV will continuously develop this document, which will serve as a “living document”; MV will update it as needed and review it annually for compliance to new rules, regulations, and laws. MV is the incumbent for this service and does not have any citation from any enforcement agencies during the past 24 months for operating unsafe or deficient equipment. 1) Inspections and Scheduled Maintenance Activities Daily Maintenance and Vehicle Inspections Pre-trip Each day, operators perform daily vehicle inspections prior to entering service. This 12-minute inspection covers the following items: Condition of tires, wheels, rims, and lug nuts* Fluid levels (engine and transmission oil, cooling, windshield washer, brake fluid, and power steering) Condition of battery terminals Under vehicle leaks* All glass and mirrors are in good condition and without chips or cracks* All lights are operational (headlights*, clearance lights, and reflectors*, turn signals, backup lights and alarm, emergency flashers*) Air conditioner and heating, and defroster/defogger is operational The vehicle is clean, cushions and seatbelts are secure* Windshield wipers, washer, radio, horn, passenger door are all operational* Registration and insurance is valid, and registration is visible Page 314 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 68 Brake pedal* and parking brake are operational (airbrakes operate within the minimum and maximum pressure thresholds) Steering wheel is secure; gearshift is tight* Onboard safety kit is stocked and complete (first aid, reflectors, fire extinguishers*, accident packet*, and body fluid kit*) Lift is operating in both electronically and manually and is free from leakage* Lift interlock is operating properly* Note items marked with asterisks (*) are re-inspected during walk-around mid-trip inspections, during shift changes. Post-trip Upon return to the yard, the operator performs a 5-minute post-trip inspection, which requires re-inspection of the following items: Condition of tires, wheels, rims, and lug nuts Under vehicle leaks All glass and mirrors are in good condition and without chips or cracks All lights are operational (headlights, clearance lights, and reflectors, turn signals, backup lights, and alarm, emergency flashers) Air conditioner and heating, and defroster/defogger is operational The vehicle is clean, cushions and seatbelts are secure Windshield wipers, washer, radio, horn, passenger door are all operational Brakes pedal is operational Steering wheel is secure; gearshift is tight Fire extinguisher is fully charged Accident packet and body fluid kit are present and accessible Page 315 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 69 Lift is operating in both electronically and manually and is free from leakage Lift interlock is operating properly Defect Repair If the operator detects a safety hazard that prevents the vehicle from entering service, the operator will notify dispatch, who will contact the on- duty mechanic. The mechanic will determine if the issue can be quickly rectified or if the vehicle should be pulled from service. The mechanic performs an initial assessment of the issue to determine its severity and if the vehicle can be repaired in time for pullout (for example, a bulb or fuse replacement), or if the vehicle needs to be placed out of service (for example, the wheelchair lift is not cycling.) If the mechanic must place the vehicle out of service, he or she will initiate the lock out tag out process, and the dispatcher will assign a standby vehicle to the operator. Preventive Maintenance Program A strong preventive maintenance (PM) program minimizes vehicle downtime and supports MV’s goal of scheduling more than 80 percent of all maintenance activities. The company’s systemic approach to vehicle care places a focus on preemptive care and seeks to minimize reactive repair. Mid-level technicians typically perform preventive inspections and repair within 500 miles of the required interval (or pursuant to contractual requirements). As inspections are due, MV’s maintenance manager will schedule service during off-peak hours to maximize fleet availability during times of highest service demand. Diesel Fueled Vehicle Preventive Maintenance Cycle Inspection Interval Description A 3,000 (safety) Vehicle interior and exterior inspections (lights, safety equipment, etc.) Air brake testing Door and lift operation/cycling Road test (engine, transmission, brake, steering) Undercarriage (shocks, brake lines, filters, air lines, drive shaft, etc.) Engine compartment (fluid and leak inspection) Clean/check battery and cables Fire suppression system inspection Page 316 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 70 B 12,000 All A level tasks plus: Oil and filter change HVAC (Freon level, filter change, function test) C 24,000 All A and B level tasks plus: Fire suppression inspections Inspection of firewires and blow out lines (semiannual) D 48,000 All A, B, and C level tasks plus: Air dryer rebuild Differential fluid change HVAC (leaks, filters, temperature checks, function inspections, brushes, and fan motor condition) Documentation The mechanic performing the preventive inspection and repairs has a hard copy of the vehicle file with him or her. The mechanic will document all preventive maintenance activities on the PM checklist. During this time, the mechanic performing the inspection will repair any minor defects noted previously identified during daily inspections (or otherwise logged in the vehicle file). Systems Maintenance MV maintains all mechanical, electrical, fluid, air, and hydraulic systems such that they are always safe and in working condition. Clean Air Standards MV performs annual emission/opacity inspections as required, to meet all applicable clean air standards, and has all associated permits and licenses and make sure all required charges and fees are paid. Heating and Cooling Systems MV requires that its shops always regulate passenger compartments to maintain comfortable temperatures under all climate conditions. During each PM inspection, the HVAC systems are inspected to ensure they are functioning and do not have leaks. The mechanic inspects the condition of all brushes and fan motors and changes the filters. It is extremely important to maintain and operate all air conditioning systems, especially during the off-season. Operating these systems on a weekly basis at 10-minute intervals confirms lubrication of the refrigerant Page 317 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 71 compressor appropriately; this prevents any leakage in the compressor shaft seal and ensures early detection of any refrigerant loss. MV will conduct seasonal HVAC inspections. The table below represents MV’s air conditioning PM cycle. Monthly 6,000 Miles Quarterly 18,000 Miles Yearly Pre- Season Check condition of or service the following: REFRIGERATION/HEATING • • • Check refrigerant charge (ball floating in receiver tank sight glass). • • • Visually inspect the condition of refrigerant hoses and tubing. • • • Visually inspect for leaks of refrigerant and oil. • • • Check dry eye in the bottom receiver tank sight glass and/or liquid line sight glass for moisture content. • • Install service gauge manifold set and check system operating pressures, temperatures, and suction line conditions. • Check evaporator pressure regulator (EPR) valve operation. • Replace liquid line dehydrator. NOTE: The dehydrator should be changed anytime the system is opened. • *Check hot water control valve operation (when equipped). COMPRESSOR/CLUTCH • • • Visually inspect clutch armature for wear and overheating • • • Visually inspect compressor drive belts for excessive wear, tension, and alignment (refer to bus or belt manufacturer for proper tension). • • • Check compressor oil level and color (1/4 – 1/2 way up on the sight glass after 15 minutes operation—X426/X430 compressor). • • Check clutch air gap.045±.005 in. (1.143 ± 0.127 mm) and surface flatness—X426/X430 compressor. • • • Check compressor oil level and color (1/2-7/8 way up on the sight glass after 15 minutes operation—4GB compressor). • Steam clean compressor and clutch • Check clutch coil resistance and voltage. • Lubricate clutch bearing • Check high pressure and low-pressure cutout. • Check compressor oil for acidity. • Check compressor efficiency. • Check compressor oil pump pressure. ELECTRICAL • Check the thermostat cycle sequence on all modes (e.g., cool/reheat, vent/heat). • Check 125-ampere batteryless alternator excitation voltage and voltage output and inspect brushes and bearings (when equipped). • Visually inspect alternator drive belts for excessive wear, tension, and alignment. • Clean alternator, check for signs of corrosion and check wire connections. Page 318 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 72 Monthly 6,000 Miles Quarterly 18,000 Miles Yearly Pre- Season Check condition of or service the following: Semi-annually Check evaporator/heater blower motor speed, voltage, and amperes (all motors). Semi-annually Inspect evaporator/heater blower motor brushes, commutator, bearings (brush type motors). Semi-annually Check condenser fan motor speed, voltage, and amperes (all motors). Semi-annually Inspect condenser fan motor brushes, commutator, bearings (brush type motors). • Clean control panel area and return air sensor with compressed air. NOTE: The control panel area and the return air sensor may need to be cleaned more frequently. • Check boost pump (OEM supplied) motor operation and inspect brushes (when equipped). • Inspect all wires and terminals for damage or corrosion. NOTE: If corrosion is present, clean terminals with electrical contact cleaner. • *Check condenser pressure switch/condenser motor high and low- speed operation (when equipped). • *Check freeze thermostat (when equipped). STRUCTURAL • • Inspect condenser coil for cleanliness. • • Inspect evaporator coil for cleanliness. • • • Visually inspect the unit for loose, damaged, or broken parts. • • • Clean or replace return air filter (more frequently if necessary). • Clean condenser and evaporator drain. Make sure the evaporator drain hose check valves (kazoos) are in place and in good condition. Semi-annually Lubricate evaporator fan shaft bearings • Visually inspect engine coolant hose and hose clamp condition on the heater coil system. • Clean condenser and evaporator coils. • Check engine coolant for antifreeze protection down to -30 F (-34 C) to prevent heater coil freeze up. • Tighten all compressor, unit and fan motor mounting bolts and brackets (more frequently if necessary). • *Check condenser air seals and air deflector (when equipped). • Check evaporator blower shaft coupling adjustment and alignment (when equipped). *If applicable. **Twice monthly during air conditioning season. Oil Analysis Oil analysis is an excellent way to assess equipment condition by detecting abnormalities before major issues arise. During the preventive maintenance inspection, the mechanic will pull an oil sample and send it Titan Labs for Page 319 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 73 all analyses. Titan posts results of all analyses online within 24-hours of receipt. Reports are downloadable in PDF format and can be attached to all vehicle files for proper recordkeeping. MV can also provide the City access to online oil sampling reports. Mobility Lifts and Ramps To ensure the safety of passengers in mobility devices, MV performs frequent inspections of mobility device lifts and ramps, as follows: Daily Inspections: During the daily vehicle inspection, each operator is required to cycle the vehicle lift to confirm proper operation. If a lift does not cycle or cycles improperly during the DVI, the operator must notify a supervisor who coordinates repair and/or delivery of a replacement vehicle. PMI Inspections: Mobility device lifts are inspected and cycled at each preventive maintenance inspection threshold. This includes the replacement of worn components, gear cleaning, and adjustments in alignment as necessary. Annual Inspections: MV performs annual inspections of mobility device lifts. These inspections include, at a minimum, checking for drifting, leaking cylinders, and ensuring all safety sensors are working. Mechanics receive online and on-site vendor training for lift inspections. No vehicle is permitted to enter service without a safe, functioning lift/ramp. If a lift fails while on route, the vehicle will immediately be removed from service and replaced. On-Board Security Systems MV works with onboard equipment manufacturers and their authorized repair shops for the ongoing maintenance of onboard security systems. MV is proposing the DriveCam system for this service; the company has maintained an excellent relationship with Lytx, with whom it works to repair and replace any malfunctioning units. MV stocks enough spare units to ensure working units on the fleet. Maintenance of Fixed Asset Equipment MV owns several pieces of equipment that are necessary for the daily maintenance activities of the Englewood Trolley. The local team will maintain all fixed assets in the maintenance area according to factory Page 320 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 74 specifications and conditions. Each piece of equipment that has the manufacturer’s recommended maintenance interval shall be placed on a routine maintenance schedule, with the corresponding service interval requirements. 2) Management Systems and OEM Recommendations Maintenance Information Systems MV uses the Trapeze Equipment Asset Management (T-EAM) fleet maintenance software to track maintenance activities, work-orders, parts, and inventory. This system is described in section 3.b)Computerized Management Information Systems. Purchasing and Inventory Control In order to purchase parts at fair market value and stay within budget, MV has established several national accounts with vehicle manufacturers and parts dealers. These accounts are negotiated on a volume discount price structure, which delivers the most efficient pricing to MV and its customers. MV follows all OEM specifications and uses only OEM parts (or equivalent). This prevents safety hazards while promoting best practices. OEM practices minimize the frequency of unscheduled maintenance, thus improving service quality, reducing costs, and maximizing fleet availability. MV tracks all parts inventories and use in T-EAM. MV will establish minimum and maximum inventory thresholds; these levels are entered in the T-EAM system, which is used to run inventory reports to alert MV’s personnel of parts needs. Use of Manufacturer Maintenance Manuals and Recommendations MV follows the recommendations of the original equipment manufacturers (OEM) and purchases OEM (or OEM accepted) parts. An essential part of this process is the use of manufacturer maintenance manuals. The company evaluates OEM carefully when developing the specific maintenance intervals and practices in the bus maintenance plan. Page 321 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 75 MV follows the manuals prepared by bus and component manufacturers, ensuring best in class maintenance practices, and following the specific guidance and instructions for troubleshooting, removal, overhaul and repair and replacement of components. These manuals are available in MV’s shop and are appended as needed to include updates and service bulletins. MV works with local vendors and manufacturers to provide equipment- specific training. Additionally, MV subscribes to manufacturers’ dealer support web sites and uses web-based maintenance information and technical service bulletins that may be available on a specific chassis or application. These subscriptions include Ford Motor Company, AC Delco (General Motors Products), Cummins Quick Serve, Ricon, and Braun wheelchair lifts. Warranty Repair MV will administer warranties, including documenting, filing, and processing claims. The maintenance manager manages all warranty recovery and ensures that MV performs covered repairs in a timely fashion. MV works with local dealerships for warranties associated with chassis work requiring OEM components. Additionally, a certified dealer for both Braun and Ricon, MV can perform all warranty repairs and access all technical data and updates for these lift units. This expedites repairs and ensures lifts are in superior working condition. The company performs warranty repairs to the vehicle body, doors, electrical, seating, flooring, etc. using the prescribed warranty procedure. The maintenance manager will submit claims for reimbursement upon completion of the repair. MV tracks all warranty repairs in T-EAM. 3) Overhauls and Repairs Major Repairs MV typically identifies one or more local vendors from which it purchases rebuilt engines or in-chassis overhauls. Depending on the local resources available, and their associated costs, MV will determine the most advantageous approach; however, when possible MV prefers to purchase rebuilt engines. Page 322 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 76 MV either purchases rebuilt transmissions or works with local vendors to rebuild existing transmissions. MV’s maintenance team handles all transmission removal and replacement/installation. It is always best to replace the engine or transmission with a new or rebuilt unit so that a warranty is available on the replaced component. Body Repair The cosmetic condition of MV’s vehicles directly affects passenger confidence in the system. Well-maintained vehicles; clean, intact upholstery; interiors and exteriors free of graffiti; and clean windows, stanchions, and seats all contribute to the public’s confidence in using public transportation. Expeditious body repair eliminates hazards, assures passenger comfort, and reinforces the operators’ pride in the service fleet. MV does not tolerate body damage or graffiti and will not release vehicles into service if they have excessive body damage or damage that presents a safety hazard. MV does not place buses requiring bodywork into service; bodywork includes any work required above standard cleaning (i.e., graffiti removal, paint touch-ups, dent repair, window replacement, etc.). Upon detection, MV will remove the vehicle from service. MV’s team identifies needed repairs during daily inspections, pull-out supervisor inspections, the preventive maintenance inspection process, and reported accidents. 4) Road Calls When a road call occurs, the operator will pull over to a safe location and contact dispatch. Using a troubleshooting guide, the dispatcher first attempts to talk the operator through correcting the issue. If the situation cannot be resolved, the dispatch will contact the on-duty technician, then patch him or her through to the operator to assess the severity of the issue. The technician will determine the following: If the operator can resolve the issue himself or herself: In this case, the mechanic will remain on the radio and coach the operator as needed until the situation is resolved. If the operator requires a replacement vehicle: In this case, the mechanic may deliver the vehicle himself/herself, or work with dispatch to send a standby operator to the field to transfer the passengers and resume the route. Page 323 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 77 If the mechanic must report to the field to resolve the issue and deliver the vehicle back to the yard: In this case, the mechanic will drive the shop truck to the location of the vehicle and repair it at the site of the road call. If a tow/wrecker service is required: In which case, the mechanic will work with the dispatcher, who will coordinate this process. The dispatcher will log each road call, and the assigned mechanic will complete a vehicle breakdown form, which is stored in the vehicle file. MV tracks all road calls in T-EAM and calculates miles between road failures in order to identify mechanical trends areas of needed improvement. 5) Vehicle Cleaning Daily All vehicles are always kept clean and free of refuse and debris. The following lists are rules regarding daily bus cleanliness: No food or drinks allowed on the vehicle unless approved by clients. This includes drivers. Drivers will inspect their vehicles daily to assure that there is no graffiti on the vehicle’s interior components. The drivers will note this on their DVI report and will attempt to clean and remove all graffiti that had been placed on the vehicle for that day. Vehicles are swept daily at the end of each shift. Any graffiti and/or vandalism will be repaired upon discovery. MV knows the weather in this region can pose a hindrance to clean exterior and interior vehicles due to snow, slush, and increased road grime. When this occurs, MV will wash or clean the vehicle more frequently to mitigate slips in the cabin of the vehicle and to present a cohesive a professional service. Exterior Cleaning Vehicles are washed as needed, at least once per week, to assure a clean, professional looking vehicle. Page 324 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 78 All exterior body panels are cleaned with detergent and a vehicle washing brush or run through a wash rack. This is done to remove all road dirt, soot, and tar and oil residue on the vehicle. All tires and wheels are cleaned using the appropriate brushes. This is done to remove road dirt, and brake dust and marks from white lettering of tires (if applicable). All mud flaps are cleaned. Wheel wells are cleaned. Windows and mirrors are cleaned, and water spots removed. All lighting lenses are cleaned, thoroughly rinsed, and dried. Interior Cleaning The interior of the vehicle is clean and professional looking inside. The interior is cleaned as needed, at least once per week. The vehicle is vacuumed in areas that a vacuum can be used. Floors are swept and mopped. Light colored areas, such as the white standee lines and white edges of the steps should be cleaned with a stiff bristled brush to remove grime from the grooves of the rubber. Modesty panels are cleaned with a mild detergent to remove dust, footprints and dirt accumulation. Clean vinyl passenger seats with mild soap and water. Clean the stanchions grab rails and handrails with soap and water. Remove all accumulated dirt, dust, grime, and oils. With a wet rag, wipe down the ceiling and walls, drying immediately with a dry towel. This is to remove the accumulation of dust that adheres to the ceiling and walls. Clean the instrument panel. Page 325 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 79 Clean the steering wheel with the use of detergent and water. This will remove the accumulation of oils and dirt. Instrument panel glass is cleaned with the use of an appropriate glass cleaner. Graffiti, any oily prints, and dust accumulation are removed from the windows by cleaning the window with an appropriate glass cleaner. 6) Maintenance Safety MV’s maintenance program is based on an unwavering commitment to creating and maintaining a safe operating environment and a safe work environment. All maintenance personnel have access to MV’s maintenance/shop safety handbook. This handbook addresses safety rules for all equipment and machinery and tools, outlines requirements relative to personal protective equipment, fire and fluid safety, electrical safety, evacuation, HAZCOM, OSHA, and accident/incident management and reporting. All MV shops must follow company issued standards regarding housekeeping, first aid/emergency equipment, personal protective equipment (PPE) availability, signage/posters, and MSDS availability. Maintenance shop and facility audits are performed annually by the director of maintenance to verify that all maintenance activities conform to MV’s safety policies. Lock Out-Tag Out MV has a companywide Control of Hazardous Energy program, which establishes the minimum requirements for the Lock Out-Tag Out (LOTO) of energy-isolating devices to prevent an unexpected release of hazardous energy during any equipment servicing, maintenance, or modification activity. This program ensures that the affected equipment or system is isolated from all potentially hazardous energy and is locked-tagged out before authorized employees perform any maintenance activities. MV requires that personnel strictly follow these procedures when it is necessary to work on any equipment that may release any form of hazardous energy. This program is to be used in conjunction with and is not a substitute for other industry-accepted safety procedures (such as the use of safety tapes, signs, guards, and barriers). Page 326 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 80 This program is essential to prevent serious personal injury or a fatality from stored energy, to prevent the introduction of hazardous materials into a worksite, and to avoid hazardous work conditions and inadvertent damage to equipment. Out of Service Monitor The Out of Service (OOS) monitor is an important component of MV’s maintenance safety approach. Displaying up-to-the-minute data regarding fleet availability on monitors hung in the dispatch office and maintenance shop, this tool allows the dispatch and maintenance teams to manage their use of fleet resources and to prevent vehicles with maintenance issues from accidentally being placed in service. When a mechanic places a vehicle out of service, he or she logs the information regarding the maintenance issue, the status of the repair, and the projected out-of-service duration in T-EAM. This data is used to populate the OOS monitor. 7) Maintenance Quality Assurance MV’s management team will oversee the service quality of its maintenance department and will randomly inspect the vehicles after mechanics make repairs. These reviews assess the overall condition of equipment available for revenue service. It is important that the result of the QA evaluations be presented to management in simple, clear, quantitative terms. This information can then be analyzed to determine trends, compliance with minimum quality levels, and the need to revise or institute maintenance procedures or job procedures. Maintenance and safety inspections are performed at various times throughout the year, at intervals that ensure ongoing quality checks and safety assessments. The Monthly Facility Audit (Monthly): MV’s project manager and designated staff are required to conduct facility audits each month to ensure compliance with MV standards. The Semi-Annual Audit (Semi-Annual): Director of Maintenance Kenny Pouncy is responsible for scheduling and completing semiannual audits, using MV’s maintenance audit form, with the project manager Page 327 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 81 and maintenance manager present. A review of the audit is conducted, and an action plan developed (if needed) to correct deficiencies. Safety Management Inspections (Annual): These inspections assure location compliance with regulatory and company policy requirements and assess the overall safety of the facility. At a minimum, these inspections occur annually and are conducted by the vice president of safety, Stephanie Weber. Maintenance Safety Inspection (Annual): These inspections assure maintenance-specific compliance with regulatory and company policy requirements and assess the overall safety of the maintenance program. At a minimum, these inspections occur annually and are conducted by the vice president of maintenance. MV also welcomes City facility inspections. 8) Leadership and Approach Ed Mattison, MV’s proposed maintenance manager, oversees the fleet and facility maintenance and cleaning program. He will report directly to Bill Hipp, with accountability to both the City and MV’s corporate maintenance team. Director of Maintenance Kenny Pouncy provides regional oversight to MV’s maintenance operation and will be on site often to meet with MV’s team, provide additional support, and perform inspections and audits. Mr. Simon Branch-Evans, senior vice president of fleet and facilities, provides oversight and control of the company’s maintenance program. Mr. Branch-Evans brings more than three decades of executive-level leadership. Cost Controls and Information Systems According to the National Transit Database’s 2012 National Transit Summaries and Trends, transit vehicle maintenance costs comprise nearly 20 percent of all operating expenses2. MV works to control maintenance costs by: 2 National Transit Summaries and Trends (NTST), a portion of the Federal Transit Administration’s (FTA) Annual Report, Office of Budget and Policy – October 2013 Page 328 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 82 Maximizing fleet availability by minimizing unscheduled maintenance, such as road calls, pre-trip inspection failures, and other urgent repairs; Monitoring trends across the company’s fleets nation-wide, in order to proactively schedule and address known issues Stock parts level based on historical usage and inspection intervals Track mechanic productivity and labor costs based on activity type Identifying maintenance activities that can be outsourced to local, more cost-effective vendors; and Staying abreast of service bulletins and enforcing warranties on all fleet and equipment. MV uses the Trapeze Enterprise Asset Management (T-EAM) to support fleet maintenance, management, and repair. T-EAM provides a sophisticated solution to manage all maintenance activities while tracking labor, parts, and materials costs. MV’s maintenance team uses this system to track all fleet mileage, schedule all inspections, issues parts usage, track labor costs, manage inventory, and generate repair lists. Designed by fleet managers, for fleet managers, this system provides an intuitive, user-friendly interface that supports efficiency and cost control in forecasting and budgeting. T-EAM is a single-point interface for all fleet, equipment, and parts management; warranty recovery and repair; labor management; and reporting. Regulatory Compliance More than 95 percent of MV’s contracts are with transit systems funded by federal dollars and require that MV comply with regulatory standards set forth by agencies such as the FTA, DOT, EPA, OSHA, NTSB, among many other state and local authorities. MV is subject to audits, inspections, records reviews, and reporting as part of its operations. d) Start-Up Plan The BIDDER shall submit a proposed start-up plan setting forth the sequence of events and associated time requirements proposed to be Page 329 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 83 undertaken from the point of award through the first, full month of system operations under a new contract. MV is the current operator of these services; therefore, no transition of service is necessary should MV be selected to continue providing the service for the next contract term. Retaining MV as the City’s contractor eliminates the need for a costly startup or the learning curve required by a new contractor and assures the continuity of these important services. e) Operations and Maintenance Facility BIDDER must include the location and a description of the CONTRACTOR’S proposed facility and equipment to be provided in this project. BIDDER shall also detail the distance from the Englewood CityCenter at 1000 Englewood Parkway in Englewood, Colorado. MV is currently providing the resources necessary for service administration, dispatch; training, maintenance, and vehicle cleaning from our existing operations and maintenance facility at 30 South Raritan Street, Denver, Colorado 80223. MV’s facility is only 5.16 miles, less than ten minutes away, from the City of Englewood City Center at 1000 Englewood Parkway. MV’s location has suitable access for revenue vehicles to maintain service levels during all adverse weather and traffic conditions. This facility operates with staff on duty twenty-four hours a day; the yard is fenced and well-lit for secure vehicle storage. This site is an excellent location and is just six blocks off Interstate 25 and Alameda. There is ample general office and vehicle maintenance space in this 7,000 square foot building to accommodate the vehicles used for the Englewood Trolley. MV conducts all administration, operations oversight, training, vehicle maintenance, storage, and cleaning functions from this location. In addition, our Page 330 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 84 on-site drive-through wash bay ensures that vehicles for this service are thoroughly cleaned each day. MV welcomes the City's inspections and facility evaluations to ensure we are meeting your expectations. Proposed Fleet MV will continue to use the current fleet of vehicles for this service. The two 2016 Ford F-550 busses meet the requirements for this RFP. For the backup vehicle, MV proposes a newer bus, making for a more comfortable ride in the event it needs to be used. Number of Used Vehicles Provided 2 Vehicle used as primary or back-up? Primary Vehicle type Ford F-550 Manufacturer/Year 2016 Passenger seating capacity 30+2 wheelchairs Type of engine Gas Wheelchair accessible? Yes, two wheelchairs Total accumulated vehicle miles 83,503 and 77,167 Miles since last overhaul Not Applicable Tire condition Good Bicycle rack available? Yes, two Bike Works bike racks are attached in front of the vehicle. If vehicle is equipped with a wheelchair lift, describe type/model/manufacturer and attach photograph. Both buses are equipped with a Braun Millennial wheelchair lift. Backup Vehicle MV proposes a 2019 Starcraft Allstar XL 32’ transit bus as the spare vehicle for this contract. This new vehicle has a 6.8L V10 gasoline engine and can seat 30 passengers with up to two wheelchairs. Please find the vehicle brochure following this section. Page 331 of 427 OPERATION OF THE ENGLEWOOD TROLLEY MV TRANSPORTATION, INC.• RFP# 19-038 85 f) Cost Each of the cost forms provided in the Appendix must be submitted as part of the proposal. All forms must be filled out completely and include all the requested information. CONTRACTOR should also indicate an “out of contract” rate for special services. Please find MV’s cost and required forms following this section. Reference Forms Cost Proposal New Vehicle Identification Form Used Vehicle Identification Form Non-Collusion Form Page 332 of 427 Page 333 of 427 Page 334 of 427 Page 335 of 427 Page 336 of 427 Page 337 of 427 Page 338 of 427 Page 339 of 427 Page 340 of 427 DriveCam Brochure Page 341 of 427 Delivering insights. Driving results.™ Page 342 of 427 REDUCE COLLISIONS Fleet operators see collision cost reductions of up to 80% in Property & Auto Liability and Workers’ Compensation claims. REDUCE FRAUDULENT CLAIMS Exception-based video captures indisputable evidence when an event occurs, protecting drivers and fleets from fraudulent or other errant claims. REDUCE FUEL USE Typical reduction of up to 12% through the management of efficient driving, excessive idling and speeding. Fleets also realize a variety of important indirect benefits from developing and maintaining a world-class safety culture. With the DriveCam Program, you’ll: • Protect your drivers from the devastating impact of being involved in a collision – and exonerate them when they are in a no-fault collision. • Protect your brand by minimizing high-profile collisions that receive broad media coverage. • Exemplify good corporate citizenship by contributing to a safer and more environmentally conscious community. The DriveCam Online Experience With 24/7 secure access, the DriveCam Online® platform provides the important information you need to monitor fleet risk, prioritizes what you need to maximize your safety program and provides the necessary tools for coaching your drivers to improve their driving behavior. The DriveCam Online platform is your key to driver risk management success. Role-based Home Pages Including an inbox and a variety of dashboards, you can drill into specifics about a driver or group. 3-Step Coaching Process To help guide you through … 1. Coaching Behaviors (video and non-video) 2. Selecting an Action Plan 3. Conducting the Coaching Session Driver Score Ranking Using our new Lytx Safety Score™ technology, you can now identify your safest drivers, as well as those with a higher probability of being involved in a collision. Proven Results 1 3 2 4 6 5 Major fleet operators return to the DriveCam® Program year-after-year because they realize millions of dollars in savings and indirect benefits when they: “The DriveCam Program provides us with more than just technology. They provide the service and support we need to improve and grow our business.” – Waste Management Page 343 of 427 How the DriveCam Program Works The DriveCam Program – powered by the Lytx Engine™ – identifies, prioritizes and helps prevent the causes of poor driving before they lead to a collision. This “programmatic approach” helps clients transform their safety culture and ensures bottom-line results – preventing collisions, fraudulent claims and wasted operating expenses – while protecting their drivers and their brand. Ensuring your program is on track, DriveCam program reviews provide benchmarking and best practices specific to your operations and industry. In addition, proprietary video and data analysis provide a complete profile of drivers and driving, allowing for objective comparisons of driver to driver, site to site, region to region and company to industry. MONITOR DRIVING; PROVIDE REAL-TIME FEEDBACK The DriveCam video event recorder captures driving behavior data and provides real-time driver feedback. UPLOAD VIDEO & DATA Exception-based video and data are uploaded via a secure wireless connection to the DriveCam Review Center – and are immediately available to the client. ANALYZE, SCORE & PRIORITIZE Proprietary predictive data analytics, combined with expert video review, highlight the causes of poor driving and prioritize actions needed to reduce fleet risk and operating costs. ACCESS DRIVER MANAGEMENT PORTAL Configurable alerts direct clients to online tools, including dashboards for company- wide visibility and accountability, and analysis of risky driving behaviors. COACH DRIVER Flexible coaching and training methods are applied based on operational capabilities and organizational profiles. SAFER DRIVER RETURNS TO THE ROAD Continuous monitoring verifies that lessons have been applied, resulting in safer drivers and fewer collisions. 1 4 5 6 2 3 Value-Added Solutions Fuel Management The innovative behavior-based DriveCam Fuel Management Solution can help improve fleet performance. Integrated into the DriveCam Online platform, our solution combines real-time in-cab feedback with online reporting and coaching to improve fuel efficiency – by up to 12% – and lower emissions. Fleet Tracking Get a real-time view of your fleet operations – helping to ensure compliance and improve productivity – with immediate access to real-time status, trip history and a full suite of reports. Seamlessly integrated into the DriveCam Online platform, there’s no need for additional in-cab equipment, extra peripherals or extra software. “Greyhound’s number one focus has always been the safe transportation of millions of passengers every year across North America, and incorporating the DriveCam Program is one more way we are able to reinforce this focus.” – Greyhound “The DriveCam Program is the first system I have seen that is proactive, instead of reactive. In the first six months we saw a 50% reduction in minor vehicle accidents, a 50% reduction in workers’ compensation claims and a 70% decrease in risky driving behavior.” – US Foods “Through our use of the DriveCam Program, we are able to reduce litigation and exonerate drivers. We have saved hundreds of thousands in litigation costs on frivolous claims since implementing the program.” – Cargo Transporters Why Companies Choose the DriveCam Program During the decision making process, there are many considerations when evaluating driver risk management, fuel management and fleet tracking services. Read why companies are choosing the DriveCam solution to protect their drivers, their vehicles and their community. Page 344 of 427 Lytx Engine Our Lytx Engine™ is powered by human intelligence combined with state-of-the-art predictive analytics and statistical machine learning technologies. In the field, our devices are equipped with real-time automated decision algorithms that determine when data should be captured and stored. In our data centers, automated decision algorithms prioritize, store and route selected data to our human-powered internal processes. We capture data from multiple sensors embedded in the work environment. In vehicles, our device captures signals from accelerometers, GPS systems, engine control units, video, microphones and advanced safety systems. To make sense of these signals, we have developed and deployed real-time decision algorithms that continuously monitor the sensor stream to determine the likelihood of risky driving behaviors. The Lytx Engine applies advanced predictive models to prioritize, select and route data to review centers where teams of expert reviewers identify and verify behaviors from video events, adding structured labels to the data. These labels provide the basis for our scoring algorithms and for the continuous improvement of the predictive models that power our real-time decision algorithms in our sensors and servers. Our scoring algorithms and statistical models enable us to create driver safety and coaching effectiveness models that are examples of the tools we use that predict the likelihood of future collisions. These important predictors help safety managers and coaches understand and prioritize their areas of focus. Our constantly growing database enables us to refine and improve our ability to predict risky behaviors so that we can deliver even more value to our clients. Our data analytics teams include scientists and analysts who apply statistical analysis, feature engineering and data-driven machine learning to develop decision algorithms and predictive models that support our human-powered processes. Over the years, we have learned how to maximize the effectiveness of these processes to help our customers drive positive change throughout their organizations. Lytx stands for the entire process of Sense, Predict, Prevent (SPP)™. Using our technology, we analyze the data we gather, distill it into actionable insights and leverage it in ways that empower our clients to be safer, better companies. Ly tx, Inc., San Diego, California, USA 858.430.4000 866.419.5861 info@lytx.com www.lytx.com Lytx; DriveCam powered by Lytx; Lytx Engine; Lytx Insights; Sense, Predict, Prevent; and Delivering Insights. Driving Results. are trademarks of Lytx, Inc. DriveCam, DriveCam Online and RAIR are registered trademarks of Lytx, Inc. At Lytx (formerly DriveCam, Inc.), we harness the power of data to change human behavior and help good companies become even better. Our flagship product, DriveCam powered by Lytx, sets the standard for driver safety in the industries we serve, and our RAIR Compliance Services helps DOT-regulated fleets comply with safety regulations, complementing the DriveCam Program. We protect more than 950 commercial and government fleet clients worldwide who drive billions of miles annually. Our clients realize significant ROI by lowering operating and insurance costs, while achieving greater efficiency and compliance. Most of all, we strive to help save lives – on our roads and in our communities, every day. Lytx is privately held and headquartered in San Diego. For more information, visit www.lytx.com. 0214_0235_B © 2014 Lytx, Inc. All rights reserved. Page 345 of 427 Mobileye Brochure Page 346 of 427 COLLISION AVOIDANCE SYSTEM FOR FLEETS WHEN SECONDS COUNT REAL-TIME ALERTS MAKE A DIFFERENCE • Five Safety Features in One System • Chosen by Leading Automakers • Reinforcement of Safe Driving Behaviors Page 347 of 427 Improved Driving Behavior Mobileye’s real-time alerts also help drivers better recognize and self-correct risky driving behaviors. Requiring minimal training, many fleet managers report significant improvement in drivers’ habits, demonstrated by a substantial reduction in the number of collisions and the associated costs. Headway/Following Time Monitoring & Warning Pedestrian & Cyclist Collision Warning Forward Collision Warning Including Urban Forward Collision Warning Lane Departure Warning Speed Limit Indicator Advanced Warning System The Mobileye® Collision Avoidance System helps protect drivers with an ever-vigilant digital eye to monitor—in real time—potential dangers in their driving path. When a threat is detected, drivers are warned with visual and audible alerts prior to an incident. These few seconds can mean the difference between a devastating collision and an incident entirely avoided or far less severe. A FEW SECONDS CAN MAKE A DIFFERENCE Driver-inspired Technology Mobileye’s vision sensor technology continuously scans the road ahead, employing sophisticated algorithms to analyze the driving environment and identify probable collision dangers. When the threat of a collision is high, Mobileye alerts give drivers the vital seconds needed to take corrective action. ONE SYSTEM, FIVE SAFETY FEATURES The Mobileye System meets the National Highway Transportation and Safety Administration’s (NHTSA) demanding guidelines for forward collision and lane departure warnings. Page 348 of 427 Driver Performance and Training Mobileye’s alerts provide real-time feedback to help drivers recognize and self-correct for risky driving behaviors. The human and financial impact of collisions is high, including the effect on your company’s reputation. Installing the Mobileye Collision Avoidance System is an affordable investment in your fleet’s safety. Safety-Driven Technology The Mobileye vision-based system continuously scans the road ahead performing advanced driver scene interpretations, including differentiating between vehicles, pedestrians and cyclists, and between stationary and moving objects. Additional Savings Safer driving habits have been shown to contribute to decreases in fuel consumption, lower annual repairs, and reductions in insurance premiums. Real-Time Alerts Mobileye’s technology provides real-time visual and audible warnings of potential dangers, so drivers have the crucial seconds needed to avoid or mitigate a collision. Protection for Almost Any Vehicle Purchasing new vehicles is not the only way to build safer fleets; Mobileye makes existing fleets safer. The System can be installed on nearly any vehicle including sedans, SUVs and light- to heavy-duty trucks. Seamless Integration Mobileye alert data, tracked by time and location, can be integrated with third-party telematics solutions and fleet management applications to enrich operational insights. Cost-Effective Liability claims, vehicle repairs, and operational losses can be crippling. Return on investment starts from the first significant collision avoided or mitigated. Many customers realize this return in less than 12 months. Chosen by Leading Automakers Mobileye is a global leader in advanced driver assistance solutions. Our technology has been integrated into hundreds of vehicle models for BMW, Ford, General Motors, Honda, Volvo, and more. PROTECT YOUR FLEET AND YOUR BOTTOM LINE Page 349 of 427 EyeWatch™ Visual Display mobileye.com/us (877) 867-4900 © 2018 Mobileye Vision Technologies Limited. All Rights Reserved. ABOUT MOBILEYE Mobileye, an Intel Company, is a global leader in the development of computer vision and machine learning, data analysis, localization, and mapping technologies for advanced driver assistance systems and autonomous driving solutions. Its technology is integrated into hundreds of new car models from the world’s major automakers including BMW, Ford, General Motors, Honda, Volvo, and more. In fact, over 25 million vehicles worldwide are equipped with Mobileye technology. Mobileye’s Aftermarket Collision Avoidance System is available for existing cars, trucks, buses, and RVs, so that the driver of almost any vehicle can reap the benefits of a robust safety system. The System is available with a single, forward-facing camera suitable for most vehicles, or in a multi-camera solution (Mobileye Shield+™) designed specifically for large commercial vehicles with hazardous blind spots. Fleets worldwide have experienced reductions in collisions and associated costs with Mobileye. We can help your fleet achieve the same. Camera, Speaker, and EyeQ® Chip Additional accessories may be needed for certain features depending upon vehicle make and model. FLBR_0418 Page 350 of 427 Vehicle Brochure Page 351 of 427 2019 STARCRAFT ALLSTAR XL 32’ TRANSIT BUS 6/21/2019 Page 352 of 427 2019 STARCRAFT ALLSTAR XL 32’ TRANSIT BUS - 30 seated passengers or - 28 + 1 wheelchair or - 24 + 2 wheelchairs Ford f550 xl chassis with 19,500lb. GVWR 6.8l v10 gasoline engine Gaseous fuel prep package - Hardened valves & valve seats 5 speed automatic transmission Tilt steering wheel Mor-ryde comfort ride rear suspension Altro meta w/yellow step nosing - floor color: storm Ta733 super 13 87,000 BTU air conditioning with roof mounted condenser Hot water heater, 65k BTU Priority seating sign Starcraft circuit board lift interlock Back-up alarm SAE Type C 97 DBA Ceiling grab rail (2) 1 1/4" grab rail parallel to entrance steps (both sides) Mid-high double seat (12) Anti-vandal grab handle, black (13) - aisle side only Seat belt, non-retractable (30) Seat belt loop – (30) Front destination sign prep package Side destination sign prep package Deluxe AM/FM/CD/with mic input & clock, 4 speakers Pa module added to stereo system Additional speaker (2) - mount two of the speakers in front bulkhead Padded vinyl interior (walls and ceiling) Seat cover - level 1 Newport vinyl; oxen vinyl; olefin Flip seat, double freedman featherweight mid high (2) Foldaway double flip seat (1) Braun century ncl954-2 1,000lb weight rating with 34” x 54” platform Wheelchair decal (international symbol of accessibility) Q-8301-l max retractor tie down, q8-6326-a1 comb lap/shoulder (2) Double wheelchair doors w/ windows, interior light, leaf spring Fire extinguisher First aid kit Triangle flare kit Ford CPA discount Ford mobility discount OPTIONS Sportsworks two bike rack Passenger stop request with w/pull cord & light Front and side hanover LED destination signs Page 353 of 427 COST PROPOSAL Trolley Service: Option 1 Base Service Annual Hours 6,120 Trolley Service: Option 2 Base Service with Addition of Saturday Service Annual Hours 7,368 Monday - Saturday 6:30 am – 6:30 pm Year #1 2020 Year #2 2021 Year #3 2022 Cost per hour $ 57.47 $ 58.56 $ 60.70 Annual Cost $ 423,404 $ 431,478 $ 447,273 Other (Please detail) Total Proposed Annual Cost $ 423,404 $ 431,478 $ 447,273 Monday - Friday 6:30 am – 6:30 pm Year #1 2020 Year #2 2021 Year #3 2022 Cost per hour $ 61.17 $ 62.26 $ 64.48 Annual Cost $ 374,361 $ 381,029 $ 394,616 Other (Please detail) Total Proposed Annual Cost $ 374,361 $ 381,031 $ 394,618 Page 354 of 427 Trolley Service: Option 3 Base Service with Extended Hours Annual Hours 8,595 Trolley Service: Option 4 Second Route Annual Hours 6,120 Monday - Friday 6:30 am – 6:30 pm Year #1 2020 Year #2 2021 Year #3 2022 Cost per hour $ 59.79 $ 60.15 $ 62.44 Annual Cost $ 365,915 $ 368,131 $ 382,144 Other (Please detail) Total Proposed Annual Cost $ 365,915 $ 368,131 $ 382,144 Monday, Tuesday, Wednesday: 6:30 am – 6:30 pm Thursday, Friday Saturday: 6:30 am – 6:30 pm Year #1 2020 Year #2 2021 Year #3 2022 Cost per hour $ 54.62 $ 55.72 $ 57.79 Annual Cost $ 469,500 $ 478,880 $ 496,744 Other (Please detail) Total Proposed Annual Cost $ 469,500 $ 478,880 $ 496,744 Page 355 of 427 Trolley Service: Option 5 Second Route with Addition of Saturday Service Annual Hours 7,368 Trolley Service: Option 6 Second Route with Extended Hours Annual Hours 8,595 Monday, Tuesday, Wednesday: 6:30 am – 6:30 pm Thursday, Friday Saturday: 6:30 am – 6:30 pm Year #1 2020 Year #2 2021 Year #3 2022 Cost per hour $ 53.61 $ 54.19 $ 56.32 Annual Cost $ 460,784 $ 465,761 $ 484,039 Other (Please detail) Total Proposed Annual Cost $ 460,784 $ 465,761 $ 484,039 Monday - Saturday 6:30 am – 6:30 pm Year #1 2020 Year #2 2021 Year #3 2022 Cost per hour $ 56.30 $ 56.80 $ 59.00 Annual Cost $ 414,821 $ 418,469 $ 434,684 Other (Please detail) Total Proposed Annual Cost $ 414,821 $ 418,469 $ 434,684 Page 356 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba, John Voboril DEPARTMENT: Community Development DATE: October 21, 2019 SUBJECT: 2020 Englewood Light Rail Corridor and Urban Center Next Step Study Grant Agreement between the City of Englewood and the Colorado Department of Transportation (CDOT) DESCRIPTION: 2020 Englewood Light Rail Corridor and Urban Center Next Step Study Grant Agreement between the City of Englewood and the Colorado Department of Transportation (CDOT) RECOMMENDATION: Staff recommends Council approval of a resolution authorizing the City of Englewood’s execution of a Grant Agreement with the Colorado Department of Transportation for the 2020 Englewood Light Rail Corridor and Urban Center Next Step Study (“Next Step Study Grant”). PREVIOUS COUNCIL ACTION: On November 19, 2018 City Council approved a resolution authorizing Englewood’s application to DRCOG for a third round of Light Rail Corridor and Urban Center Next Step Study grant funding. Community Development staff submitted the grant application in December of 2018 and DRCOG officially awarded the $200,000 Next Step Study Grant to Englewood at the February 20, 2018 Board of Directors Meeting (the maximum financial award available). In the near future, Council will also have the opportunity to review and approve the related consulting contract with the consulting team identified to perform the Next Step Study scope of work based on a comprehensive, competitive Request for Proposals procurement (currently in process). SUMMARY: The subject Next Step Grant tasks will continue to build upon the two prior Englewood STAMP/UC grants (2013 and 2015) to now bring a “real world implementation focus” to three related catalytic goals: 1. Planning and related predevelopment implementation tasks to facilitate the redevelopment of key portion of the original 55-acre CityCenter transit-oriented development now owned by C-III Asset Management (referred to as the “C-III Property”) and owned or controlled by the City and the Englewood Environmental Foundation (referred to as the “City Property”), 2. Evaluation and formation tasks pertaining to the establishment of a Downtown Development Authority (DDA) for Englewood’s Central Business District, including the CityCenter area, Historic Downtown area and the Medical District area, and 3. Refinement of the original vision for the industrial portions of the Englewood Light Rail Corridor, including the consideration of a new zoning framework that may include a Page 357 of 427 combination of base rezoning (Hampden Avenue south frontage) and TOD overlay zoning. Together, these three primary grant goals will assist the City of Englewood continue to catalyze the revitalization and redevelopment of the City in ways which allow it to remain competitive in the metropolitan market and to deliver optimum value for our residents, employers, retailers and property owners, as highlighted below. • Pertaining to Goal 1, Council has been briefed on several occasions regarding the CityCenter redevelopment planning efforts, including two phases of CityCenter redevelopment planning work completed by Tryba Architects in 2018 and 2019. • Pertaining to Goal 2, Council has also been briefed about the two initial phases of Downtown Development Authority (DDA) feasibility analysis work completed by Portell Works and Progressive Urban Management Associates (PUMA) in 2018 and 2019. • Pertaining to Goal 3, this latest Next Step Study will include an updated analysis of the industrial portions of the City’s light rail corridor and refinement of the original station area master plan vision.Zoning recommendations and infrastructure improvement plans will be developed through interactive collaboration with area stakeholders and residents. The subject Next Step Grant funding represents a well-timed opportunity for the City of Englewood to continue to fund these needed tasks well beyond the limited extent to which they could be funded under the City’s 2020 budget. ANALYSIS: Englewood previously utilized DRCOG Station Area Master Plan and Urban Center Studies grant funding to complete the Englewood Light Rail Corridor Station Area Master Plan (2013) and the Englewood Light Rail Corridor Next Steps Study (2015), both of which were officially adopted by City Council. The original Englewood Light Rail Corridor Station Area Master Plan (2013) established a vision of the development potential of Englewood’s station area neighborhoods, and key infrastructure investments that would connect each neighborhood to the Englewood and Oxford LRT Stations.The Englewood Light Rail Corridor Next Step Study (2015) included a competitive market and strategic redevelopment analysis of the CityCenter Englewood area. The establishment of a Downtown Development Authority was recommended as the key organizational structure and tax increment financing tool necessary to plan for and finance future redevelopment initiatives in the CityCenter, Downtown, and Medical District areas. The Downtown Development Authority strategy was reaffirmed through inclusion in the “Englewood Forward: The 2016 Englewood Comprehensive Plan.” As an “inner ring” Metro Denver city that is already built-out, Englewood must be proactive and creative in implementing redevelopment and revitalization initiatives to remain competitive in attracting and retaining employers, retailers, residents and property owners. Englewood’s redevelopment and revitalization goals are very consistent with the overarching goals of the subject Next Step Study Grant as well as the specific tasks eligible for funding. The availability of this grant funding coincides well with Englewood’s time-sensitive needs and opportunities, including: Page 358 of 427 • Proactive protection of Englewood’s various CityCenter interests in connection with the 2018 Weingarten Realty property foreclosure and the pending resale of that property by C-III Asset Management, • Favorable redevelopment opportunities available to Englewood, especially at CityCenter, due to the Metro Denver area’s very high current profile among national and international real estate developers and investors, • Optimum window of opportunity for attracting real estate and new business investment capital under the new Federal Opportunity Zones Program (Englewood’s commercial core is located within designated Opportunity Zones), • Need for Englewood to implement a Downtown Development Authority, as many similar Colorado municipalities have done, in order to provide a practical, fair and efficient platform to help finance, market, and operate the City’s central business district. Given Englewood’s time-sensitive redevelopment and revitalization funding needs and the subject grant’s continuity with past DRCOG grant awards, the subject Next Step Grant Agreement and acceptance of the grant funding is highly recommended by staff. FINANCIAL IMPLICATIONS: DRCOG has officially awarded the subject Next Step Study Grant of $200,000.00 to the City of Englewood. The City is required to provide a local match of $41,575.00. The City’s local match will come from the 2020 Community Development Professional Services budget. The breakdown of federal versus local share is 82.79% to 17.21%. In the near future, Council will also have the opportunity to approve the related consulting team contract resulting from a comprehensive, competitive procurement process. ATTACHMENTS: Resolution Approving the Next Step Study Grant Agreement 2020 Englewood Light Rail Corridor and Urban Center Next Step Study Grant Agreement between the City of Englewood and CDOT (DRCOG’s administrative agency for this grant) Page 359 of 427 RESOLUTION NO. ____ SERIES OF 2019 A RESOLUTION AUTHORIZING TH E CITY OF ENGLEWOOD, COLORADO, TO ENTER INTO GRANT AGREEMENTS WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE 2020 ENGLEWOOD LIGHT RAIL CORRIDOR AND URBAN NEXT STEP STUDY WHEREAS, in November 2018, City Council approved Resolution No.24, Series 2018 authorizing Community Development to submit an application to Denver Regional Council of Governments (DRCOG) for a third round of Light Rail Corridor and Urban Center grant funding; WHEREAS, in December 2018 the Community Development Department submitted the grant application to DRCOG; WHEREAS, in February 2019 DRCOG officially awarded $200,000 for the Next Step Study Grant to the City of Englewood to fund the establishment of a Downtown Development Authority, which will require an election in November of 2020, and the issuance of a professional services consulting contract to assist with the implementation of the Englewood Light Rail Corridor Station Area Master Plan (“Master Plan”); WHEREAS, the administration of the grant funds is through the Colorado Department of Transportation (“CDOT”); WHEREAS, the City will provide a local match in the amount of $41,575.00, for a total fund amount of $241,575.00; WHEREAS, the City’s local match will come from the Community Development budget, line item 02-0801-54201; and WHEREAS, CDOT has begun using Grant Agreements in lieu of intergovernmental agreements where projects meet the following criteria: 1.) projects that use federal funding, such as Surface Transportation Block Grants, and 2.) projects that are for planning purposes only, and not for infrastructure construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TH AT: Section 1. The Community Development Department is hereby authorized to enter into a Grant Agreement with the Colorado Department of Transportation to accept $200,000 for funding of the Englewood Light Rail Corridor Station Area Master Plan, including the establishment of a Downtown Development Authority. Section 2. The Mayor is authorized to sign this Resolution which approves entering into a Grant Agreement for and on behalf of the City of Englewood and Englewood City Council. ADOPTED AND APPROVED this 21st day of October, 2019. Page 360 of 427 Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution ____, Series of 2019 . Stephanie Carlile, City Clerk Page 361 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 1 of 41 Version 1018 STATE OF COLORADO AGREEMENT COVER PAGE State Agency Department of Transportation Agreement Number/PO Number 20-HTD-ZL-03058/491001997 Subrecipient CITY OF ENGLEWOOD Agreement Performance Beginning Date The Effective Date Initial Agreement Expiration Date December 31, 2021 Subaward Agreement Amount Federal Funds Maximum Amount (82.79%) Local Funds Local Match Amount (17.21%) Agreement Total $200,000.00 $41,575.00 $241,575.00 Fund Expenditure End Date December 31, 2021 Agreement Authority Authority to enter into this Agreement exists in CRS §§43-1-106, 43-1-110, 43-1-117, 43-1-701, 43-1-702 and 43-2-101(4)(c), appropriated and otherwise made available pursuant to the FAST ACT, MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149. Agreement Purpose Surface Transportation Block Grant program (STBG) promotes flexibility in State and local transportation decisions and provides flexible funding to best address State and local transportation needs. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A – Statement of Work and Budget. 2. Exhibit B – Sample Option Letter. 3. Exhibit C – Federal Provisions. 4. Exhibit D – Additional Program Requirements. 5. Exhibit E – Title VI-Civil Rights. In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C – Federal Provisions, Exhibit D – Additional Program Requirements, and Exhibit E – Title VI-Civil Rights. 2. Colorado Special Provisions in §18 of the main body of this Agreement. 3. The provisions of the other sections of the main body of this Agreement. 4. Exhibit A – Statement of Work and Budget. 5. Exhibit B – Sample Option Letter. Principal Representatives For the State: Gail Hoffman Division of Transit and Rail Colorado Dept. of Transportation 2829 W. Howard Place Denver, CO 80204 Gail.hoffman@state.co.us For Subrecipient: John Voboril CITY OF ENGLEWOOD 1000 ENGLEWOOD PARKWAY ENGLEWOOD, CO 80110-2373 jvoboril@englewoodco.gov Page 362 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 2 of 41 Version 1018 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. SUBRECIPIENT CITY OF ENGLEWOOD __________________________________________ __________________________________________ By: Print Name of Authorized Individual Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Transportation Shoshana M. Lew, Executive Director __________________________________________ By: Date: _________________________ 2nd State or Subrecipient Signature if needed __________________________________________ __________________________________________ By: Print Name of Authorized Individual Date: _________________________ LEGAL REVIEW Philip J. Weiser, Attorney General __________________________________________ By: Assistant Attorney General Date: __________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Colorado Department of Transportation Effective Date:_____________________ Page 363 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 3 of 41 Version 1018 TABLE OF CONTENTS 1. PARTIES ................................................................................................................................................ 3 2. TERM AND EFFECTIVE DATE .......................................................................................................... 3 3. DEFINITIONS ........................................................................................................................................ 4 4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6 5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6 6. REPORTING - NOTIFICATION ........................................................................................................... 8 7. SUBRECIPIENT RECORDS ................................................................................................................. 8 8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9 9. CONFLICTS OF INTEREST ............................................................................................................... 10 10. INSURANCE ........................................................................................................................................ 11 11. BREACH OF AGREEMENT ............................................................................................................... 12 12. REMEDIES ........................................................................................................................................... 12 13. DISPUTE RESOLUTION .................................................................................................................... 13 14. NOTICES and REPRESENTATIVES .................................................................................................. 14 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14 16. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 14 17. GENERAL PROVISIONS .................................................................................................................... 15 18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17 1. PARTIES This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the “Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure End Date. B. Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of 1 year or less at the same rates and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement. D. End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Subrecipient as provided in §14, may unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. Page 364 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 4 of 41 Version 1018 E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for breach by Subrecipient, which shall be governed by §12.A.i. i. Method and Content The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Subrecipient hereunder. F. Subrecipient’s Termination Under Federal Requirements Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit A. E. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S. F. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S. G. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature for this Agreement. Page 365 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 5 of 41 Version 1018 H. “End of Term Extension” means the time period defined in §2.D. I. “Exhibits” means the exhibits and attachments included with this Contract as shown on the Cover Page for this Contract. J. “Extension Term” means the time period defined in §2.C. K. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a Subrecipient or payments to an individual that is a beneficiary of a Federal program. L. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal Highway Administration (FHWA) is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. M. “FHWA” means Federal Highway Administration. N. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in connection with the Services. O. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. P. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401 et. seq. C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Information regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. Q. “Initial Term” means the time period defined in §2.B. R. “Matching Funds” (Local Funds, or Local Match) means the funds provided Subrecipient as a match required to receive the Grant Funds and includes in-kind contribution. S. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient. T. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501, C.R.S. U. “Recipient” means the State agency shown on the Signature and Cover Page of this Agreement, for the purposes of this Federal Award. V. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall include any services to be rendered by Subrecipient in connection with the Goods. W. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include but is not limited to PII and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. X. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State Controller pursuant to §24- 30-202(13)(a), C.R.S. Page 366 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 6 of 41 Version 1018 Y. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Z. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. AA. “Subcontractor” means third-parties, if any, engaged by Subrecipient to aid in performance of the Work. “Subcontractor” also includes sub-recipients of grant funds. BB. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Agreement, Contractor is a Subrecipient. CC. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A- 122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. DD. “Work” means the Goods delivered and Services performed pursuant to this Agreement. EE. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK AND BUDGET Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PAYMENTS TO SUBRECIPIENT A. Maximum Amount. Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Subrecipient any amount under this Agreement that exceeds the Agreement Maximum shown on Cover Page of this Agreement. B. Payment Procedures. i. Invoices and Payment a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other conditions set forth in Exhibit A. b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Subrecipient and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under this Agreement. ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30- 202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on Page 367 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 7 of 41 Version 1018 delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Payment Disputes If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Subrecipient and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination. The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.E. v. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds Subrecipient shall provide Matching Funds as provided in §5.A. and Exhibit A. Subrecipient shall have raised the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Subrecipient’s obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account. Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient’s laws or policies D. Reimbursement of Subrecipient Costs. The State shall reimburse Subrecipient’s allowable costs, not exceeding the maximum total amount described in Exhibit A and §5 for all allowable costs described in this Agreement and shown in the Budget, except that Subrecipient may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Subrecipient provides notice to the State of the change, the change does not modify the total maximum amount of this Agreement or the maximum amount for any state or federal fiscal year, and the change does not modify any requirements of the Work. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: Page 368 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 8 of 41 Version 1018 i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and ii. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by Subrecipient that reduce the cost actually incurred). E. Use of Funds, Budget Adjustments Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Subrecipient may adjust budgeted expenditure amounts up to 10% between activities of said Budget without approval of the State. Budget adjustments to activities exceeding 10% but less than 24.99% must be submitted in advance of actual cost and receive written State approval, which approval may be transmitted informally by email or such other means that does not rise to the level of an amendment to this Agreement. A budget revision of Exhibit A will be issued by the State with any such adjustment. Adjustments in excess of 24.99% for any activity shall be authorized by the State in an amendment to this Agreement which may also require an amendment to Exhibit A. Budget adjustments shall not increase the State’s total consideration beyond the maximum amount shown herein without an amendment to this Agreement. F. Close-Out. Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all deliverables (including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 6. REPORTING - NOTIFICATION A. Quarterly Reports. In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any Agreement having a term longer than 3 months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. B. Litigation Reporting If Subrecipient is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s principal representative identified in §14. C. Performance and Final Status Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder. D. Violations Reporting Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. SUBRECIPIENT RECORDS A. Maintenance Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and Page 369 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 9 of 41 Version 1018 communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Subrecipient shall maintain such records for a period (the “Record Retention Period”) of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Subrecipient shall permit the State to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State will monitor Subrecipient’s performance of its obligations under this Agreement using procedures as determined by the State. The federal government and any other duly authorized agent of a governmental agency, in its discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures as determined by that governmental entity. Subrecipient shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work. D. Final Audit Report Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2 CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION - STATE RECORDS A. Confidentiality Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Subrecipient shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in Writing by the State. Subrecipient shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Subrecipient or any of its Subcontractors will or may receive the following types of data, Subrecipient or its Subcontractors shall provide for the security of such data. Subrecipient shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. Page 370 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 10 of 41 Version 1018 C. Use, Security, and Retention Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Subrecipient shall provide the State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State. If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information, Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Subrecipient becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Subrecipient can establish that none of Subrecipient or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Subrecipient shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs thereof. E. Safeguarding PII If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Subrecipient shall be a “Third-Party Service Provider” as defined in §24-73- 103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. B. Apparent Conflicts of Interest Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Subrecipient’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. Page 371 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 11 of 41 Version 1018 10. INSURANCE Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Subrecipient or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent subrecipients, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any 1 fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. D. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Subrecipient and Subcontractors. E. Primacy of Coverage Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self- insurance program carried by Subrecipient or the State. F. Cancellation All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and Subrecipient shall forward such notice to the State in accordance with §14 within 7 days of Subrecipient’s receipt of such notice. G. Subrogation Waiver All commercial insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. H. Public Entities If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24- 10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. I. Certificates For each commercial insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the State certificates evidencing Subrecipient’s insurance coverage required in this Agreement Page 372 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 12 of 41 Version 1018 within 7 Business Days following the Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within 7 Business Days following the Effective Date, except that, if Subrecipient’s subcontract is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within 7 Business Days following Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Subrecipient shall, within 7 Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 11. BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State’s Remedies If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award, then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this Agreement to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Subrecipient shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve property in the possession of Subrecipient but in which the State has an interest. At the State’s request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the time of any termination. Subrecipient shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.E. Page 373 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 13 of 41 Version 1018 c. Damages and Withholding Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Subrecipient’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Subrecipient to an adjustment in price or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Subrecipient after the suspension of performance. b. Withhold Payment Withhold payment to Subrecipient until Subrecipient corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Subrecipient’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Subrecipient for resolution. B. Resolution of Controversies If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S. for resolution following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1 through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Subrecipient wishes to challenge any Page 374 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 14 of 41 Version 1018 decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement. 14. NOTICES and REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Government and State purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials, data and information shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Subrecipient under this Agreement is $100,000 or greater, either on the Effective Date or at any time thereafter, this section shall apply. Subrecipient agrees to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of Agreement performance information in the State’s Agreement management system (“Contract Management System” or “CMS”). Subrecipient’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS, and State Fiscal Rules and State Controller policies. Page 375 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 15 of 41 Version 1018 17. GENERAL PROVISIONS A. Assignment Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Subcontracts Subrecipient shall not enter into any subcontract in connection with its obligations under this Agreement without providing notice to the State. The State may reject any such Subcontractor, and Subrecipient shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform any work after that Subcontractor’s subcontract has been rejected by the State. Subrecipient shall submit to the State a copy of each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Binding Effect Except as otherwise provided in §17.A., all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. I. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. Page 376 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 16 of 41 Version 1018 K. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. M. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such taxes on Subrecipient. Subrecipient shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish to have in place in connection with this Agreement. O. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §17.A., this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Q. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. R. Standard and Manner of Performance Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Subrecipient’s industry, trade, or profession. S. Licenses, Permits, and Other Authorizations. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or Subcontractor, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. T. Indemnification i. General Indemnification Subrecipient shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Subrecipient, or its employees, agents, Subcontractors, or assignees in connection with this Agreement. Page 377 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 17 of 41 Version 1018 ii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Subrecipient in violation of §8 may be cause for legal action by third parties against Subrecipient, the State, or their respective agents. Subrecipient shall indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by the State in relation to any act or omission by Subrecipient, or its employees, agents, assigns, or Subcontractors in violation of §8. iii. Intellectual Property Indemnification Subrecipient shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. U. Federal Provisions Subrecipient shall comply with all applicable requirements of Exhibit D at all times during the term of this Agreement. 18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference Page 378 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 18 of 41 Version 1018 which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Subrecipient harmless; requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Subrecipient’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term of this Contract and any extensions, Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Subrecipient is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Subrecipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subrecipient’s services and Subrecipient shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Subrecipient by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Subrecipient, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Subrecipient (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable Page 379 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 19 of 41 Version 1018 requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Subrecipient shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §24-76.5-101, et seq., C.R.S. Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Page 380 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 20 of 41 Version 1018 EXHIBIT A, STATEMENT OF WORK AND BUDGET 2020 ENGLEWOOD LIGHT RAIL CORRIDOR AND URBAN CENTER NEXT STEP STUDY A. Project Title: 2020 Englewood Light Rail Corridor and Urban Center Next Step Study B. Project Contact & Contact Information: John Voboril Long Range Planner II City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303.783.6820 jvoboril@englewoodco.gov With copies of email correspondence to: Dan Poremba Chief Redevelopment Officer dporemba@englewoodco.gov C. Original Submission Date: May 21, 2019 Revision Submission Date: May 22, 2019 D. Background. The original Englewood Light Rail Corridor Station Area Master Plan (2013) established a vision of the development potential of the City of Englewood’s station area neighborhoods, and key infrastructure investments that would connect each neighborhood to the Englewood and Oxford Stations, as well as a possible future Bates Station. The Englewood Light Rail Corridor Next Step Study (2015) provided engineering analysis for the key infrastructure investments, as well as a competitive market and strategic redevelopment analysis of the Englewood CityCenter area. The strategic analysis recommended the establishment of a Downtown Development Authority (DDA) as the key organizational structure and tax increment financing tool necessary to plan for and finance future redevelopment initiatives in the CityCenter, Downtown, and Medical District areas. The DDA strategy was reaffirmed through inclusion in the 2016 Englewood Comprehensive Plan, adopted by Englewood City Council early in 2017. Englewood’s two prior STAMP/UC grant projects also led to a successful application to the Denver Regional Council of Governments (DRCOG) to expand the boundaries of the original Englewood Urban Center to cover three central business districts subareas: the CityCenter District, Downtown District, and Medical District (depicted in Exhibit A). E. Purpose and Goals. The subject 2020 Englewood Light Rail Corridor and Urban Center Next Step Study (Project) will build upon specific areas of investigation and findings in the two prior STAMP/UC grant projects to now bring a “real world implementation focus” to three related catalytic Project goals. With the assistance of a competitively selected, multi‐discipline consulting team, the three Project goals include: 1. Evaluation and formation tasks pertaining to the establishment of a DDA for the Englewood Urban Center, as defined in the DRCOG Metro Vision, including the CityCenter, Downtown and the Medical Districts (DDA Study Area depicted in Exhibit A), Page 381 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 21 of 41 Version 1018 2. Planning and related predevelopment implementation tasks needed to facilitate the redevelopment of approximately 27 acres of the original 55‐acre Englewood CityCenter transit‐ oriented development which opened in 2000 (Exhibit B, Englewood CityCenter Site Plan), and 3. Exploration of a transit‐oriented development Overlay Zone for industrial‐zoned portions of Englewood’s light rail corridor, as well as the rezoning of the Hampden Avenue south frontage to support transit‐oriented development. F. Project Tasks and Deliverables Pertaining to all Three Project Goal Areas. 1. Project Administration. The selected consulting team will formulate and manage the overall process and protocols for engaging with the landowners and other stakeholders involved with the subject properties and surrounding properties to create the overall CityCenter redevelopment plan, including specific site redevelopment plans. Deliverables: Next Step Study Schedule Project Team Meeting Minutes and Related Communications Monthly Billings and Grant‐Related Support Assistance with the Periodic Reporting and Grant‐Related Communications with DRCOG and CDOT 2. Review of Past Planning Effort Documentation. The consulting team lead will review the past planning effort documentation in order to inform current planning and design efforts under the current Next Step Study project. The consulting team lead will summarize key findings and concepts, and make recommendations on which finding and concepts should be carried forward into the redevelopment plan. Deliverables: Past Planning Documentation Review Memo 3. Project Communications Plan. In tandem with the DDA sub‐consultants, the consulting team will formulate and manage a Communications Plan for managing the public outreach, input and education aspects of communicating about the CityCenter redevelopment with the public and all involved stakeholders. It is very possible that the CityCenter Communications Plan and the DDA Communications Plan end up part of a common, coordinated Communications Plan covering both. The project communications plan shall at a minimum include: Identification of and consultations with agencies having an interest in the study area in order to identify critical issues and problems in need of resolution. Identification of commercial property and business owner leaders, elected officials, agency staff, and key individual citizens to be directly involved in the formulation of the Englewood Urban Center Downtown Plan of Development, as well as the recommended level and means of involvement in the study by those identified. Three key committees are envisioned: Steering Committee made up of Property/Business Owners and Elected Officials, Technical Advisory Committee made up of agency staff (City, DRCOG, CDOT, RTD, etc.), and a Citizens Advisory Committee made up of key individual citizens interested in direct participation in the project. Recommendation of the proper level and means of involvement in the study by the public, including specific strategies to engage low‐mod income, minority, elderly, and persons with disabilities populations. Page 382 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 22 of 41 Version 1018 Identification of planned community events in the corridor that are scheduled during the study. Description of participation methods, objectives, and where each fits into the schedule. Establishment of meeting dates, times, and venues in coordination with City Project Manager. Establishment of parameters for a project website. Deliverables: DDA Communications Plan G. Major Tasks and Deliverables Summarized by Project Goal. 1. Downtown Development Authority Evaluation and Formation Tasks. a) Boundary Preliminary Evaluation Scoping. The DDA sub‐consultants, as supported by other members of the selected consulting team, will conduct a preliminary evaluation of each identified study sub‐area based on sub‐area characteristics, land use and parcel sizes, ownership patterns, strategic location, redevelopment potential, financial projections and critical infrastructure connection opportunities etc., and make recommendations concerning which sub‐areas should move forward for possible inclusion in a revised Downtown Development Authority boundary study area. In coordination with the consulting team, the DDA sub‐consultants will conduct a macro‐level preliminary evaluation scoping of the revised Downtown Development Authority boundary study area. In coordination with the consulting team, the DDA sub‐consultants will formulate a DDA Communications Plan for managing the public outreach, input and education aspects of communicating about the DDA related tasks and the costs/benefits with the public and all involved stakeholders. It is possible that the DDA Communications Plan and the CityCenter Redevelopment Communications Plan, described below, end up as part of a common, coordinated communications plan covering both. Deliverables: DDA Preliminary Evaluation Scoping Memo DDA Communications Plan b) Boundary Scenario Development. In coordination with the consulting team, the DDA sub‐ consultants will develop 2‐3 potential DDA boundary scenarios based on preliminary gauging of support from commercial property and business owners within the revised DDA boundary study area, through the execution of the Preliminary Engagement and Communication Plan. In coordination with the consulting team, the DDA sub‐consultants will refine estimates of potential revenues, and costs for public infrastructure and operations, programming, and marketing needs based on identified DDA boundary scenarios. In coordination with the consulting team, the DDA sub‐consultants will make a final recommendation on choice of preferred Downtown Development Authority boundary scenario and make presentations to identified key stakeholders in order to gain consensus on the preferred Downtown Development Authority boundary scenario. Deliverables: DDA Boundary Scenario Development Memo Page 383 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 23 of 41 Version 1018 DDA Boundary Scenario Development Presentations DDA Boundary Scenario Development Database c) Integration of Financial and Legal Expertise. As needed, the DDA sub‐constants, in coordination with the balance of the consulting team, will secure the specific expertise for help with more detailed financial projections as well as the legal expertise to provide general input on the legal aspects of forming a DDA and the possibilities for combining the DDA with the use of other special districts. d) Downtown Plan of Development. Building from the evolving boundary scenario development, as well as the DDA Feasibility Analysis Report and Market Assessment Report recently completed for the City of Englewood, the DDA sub‐consultants, with support from the balance of the selected consultant team, will undertake the iterative drafting of the Downtown Plan of Development. The Downtown Plan of Development will be refined as it is reviewed by the various stakeholders. It will become the key deliverable for this aspect of the project as it will basically define the envisioned DDA’s going‐forward “business plan” for integrating and connecting the three Englewood Central Business District sub‐areas with shared branding, marketing, programming, operations and prioritized public improvements and related financing. Deliverables: Overall Vision Concept for Preferred DDA Boundary Scenario and Associated Light Rail Corridor Neighborhoods Block Level Vision Refinement for Identified High Opportunity Catalyst Sites Englewood Urban Center Downtown Plan of Development for Preferred DDA Boundary Scenario (multiple drafts). 2. Englewood CityCenter Area Redevelopment Site Planning and Predevelopment Tasks. To facilitate and expedite the redevelopment of approximately 27 gross acres of land within the Englewood CityCenter transit‐oriented development area adjacent to the RTD multi‐modal Englewood Station, the City of Englewood and its related real estate entity, the Englewood Environmental Foundation (EEF), intend to define and leverage a roster of site planning and predevelopment tasks tailored to facilitate the redevelopment of the subject area (Exhibit B). a) Consulting Team Tasks and Work Product. The consulting team will undertake various specific planning tasks to support the formulation of a redevelopment plans for key portions of Englewood CityCenter, including the negotiation and drafting of the anticipated public‐ private partnership development agreements between the City of Englewood and the one or more master developers selected to work with the City in this redevelopment undertaking. It is anticipated that the consulting team tasks will incorporate elements of typical master plans, site development plans, regulating plans and infrastructure master plans. This work will go beyond the current conceptual planning scenarios provided recently by Tryba Architects and may go into the schematic design and design development stages of planning work. In this context, the consulting team will assist in investigating and/or evaluating key issues impacting the redevelopment planning, including but not limited to the following (some of which may also necessitate specific written deliverables): i. Potential opportunities to collaborate with the new owner of the C‐III Property (previously developed by Weingarten Realty) in creating a coordinated redevelopment plan, ii. Communications and planning work with RTD to evaluate various approaches for reconfiguring the current 910 shared parking spaces, Page 384 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 24 of 41 Version 1018 iii. Optimal mix of uses based on market data and discussions with commercial brokers, iv. Amendments to the current PUD zoning required to facilitate the next generation of mixed‐use, TOD redevelopment, v. Approaches for locating, developing and financing shared structured parking facilities, possibly as part of the DDA plan of development and/or a district parking plan, vi. Determination of infrastructure capacity and its potential impact on the alternative combination of various uses, vii. Impacts of the limitations under the current Master Easements, Covenants and Restrictions Agreement with Walmart, viii. Geotechnical test results as they impact designs pertaining to foundation systems and below‐grade parking possibilities, ix. Possible reconfigurations of the public plaza areas and areas above the bus turnaround facilities to determine whether there are additional vertical development opportunities, x. Financing benefits and timing constraints under the Federal Opportunity Zones Program, xi. Design Guidelines and Signage Program outlines. Deliverables: Redevelopment Master Plan Redevelopment Master Plan Final Report b) Additional Supporting Tasks. As needed, the consulting team will support discussions between the City of Englewood (including EEF) and the potential selected master developer of the City‐controlled property at City Center and between the City of Englewood and the new owner of the C‐III Property. These discussions are anticipated to involve one or master developer agreements, public‐private partnership agreements and a possible ground lease extension agreement. This supporting role may involve assistance with a number of specific tasks such as coordination of due diligence studies, financial projections, etc. 3. Light Rail Corridor Neighborhoods Regulatory and Infrastructure Planning. For portions of the Light Rail Corridor Study Area not included within the preferred DDA boundary scenario ultimately selected, the consulting team will support City staff and other stakeholders in the exploration of a new regulatory framework for industrially‐zoned areas that may include a combination of base rezoning and the addition of overlay zoning. As the available Next Step Study budget allows, the consulting team will also evaluate infrastructure needs, preliminary cost estimates, and recommended revenue sources and/or financing options. Deliverables: Light Rail Corridor Neighborhoods Regulatory and Infrastructure Framework Plans H. Timeline. The City of Englewood currently anticipates that the Next Step Study scope will be completed within 10‐12 months from the date of commencement. A more detailed proposal project schedule developed by the chosen consulting firm will be submitted to DRCOG and CDOT prior to project kickoff. I. Budget. This Next Step Study project is financed by a combination of Federal Highway Administration grant funds awarded by the DRCOG and matching funds from the City of Englewood. CDOT is the grant administrator. The grant funding is $200,000 and the City will be contributing an additional $41,575 which amount has previously been approved by the Englewood City Council as Page 385 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 25 of 41 Version 1018 part of the City’s FY 2019 budget. A more detailed proposal project budget developed by the chosen consulting firm will be submitted to DRCOG and CDOT prior to project kickoff. J. Allocation. With CDOT’s advance approval, the City of Englewood may adjust the consultant team’s allocated time and associated fees across the three Project goal areas to reflect changing conditions which may occur during the term of the Project. Page 386 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 26 of 41 Version 1018 Exhibit 1 Englewood Urban Center and Additional DDA Study Areas Page 387 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 27 of 41 Version 1018 Exhibit 2 Englewood CityCenter Site Plan The areas available for immediate redevelopment at Englewood CityCenter include the C‐III Property in red and the City of Englewood Property in blue. Page 388 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 28 of 41 Version 1018 2020 ENGLEWOOD LIGHT RAIL CORRIDOR AND URBAN CENTER NEXT STEP STUDY PROJECT FUNDING REQUEST AND BUDGET Total federal request must be at $80,000 and a maximum of $300,000 over the two‐year period. Budget Overview 2020 2021 Total A. Enter the federal funds requested for each year $200,000.00 $0.00 $200,000.00 B. Federally required 17.21% Local Match $41,575.00 $0.00 $41,575.00 C. Total Project Cost $241,575.00 $0.00 $241,575.00 How will you make your required local match? Cash What percentage of your local match is in‐kind? 0% BUDGET DETAILS Provide a general description and an amount of the expenses you expect to charge to this project. A. Salaries List each position, hourly rate, and total anticipated hours Position Hourly Rate # of Hours Total Amount Future Use NA NA NA NA B. Media Do not list specific media outlets, but provide general descriptions. NA C. Equipment Specific to implement the project NA D. Production Printing, webdevelopment, mailings, etc. NA E. Consultants List and subcontractors by function rather than name. DDA Outreach and Development Process $65,000.00 DDA Plan Development Lead $80,000.00 Parking Management $18,000.00 Mobitility $18,000.00 Development Services $60,575.00 F. Costs associated with physical infrastructue or vehicles NA G. Other Please define. NA TOTAL $241,575.00 Page 389 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 29 of 41 Version 1018 EXHIBIT B, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number Insert the Option Number (e.g. "1" for the first option) Subrecipient Insert Grantee's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Contract Number of the Original Contract Subaward Agreement Amount Federal Funds Option Agreement Number Insert CMS number or Other Contract Number of this Option Maximum Amount (%) $0.00 Local Funds Agreement Performance Beginning Date The later of the Effective Date or Month, Day, Year Local Match Amount (%) $0.00 Agreement Total $0.00 Current Agreement Expiration Date Month, Day, Year 1. OPTIONS: A. Option to extend for an Extension Term. 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) 2.B of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. B. For use with Options 1(A): The Agreement Maximum Amount table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or …..,whichever is later. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director __________________________________________ By: Name & Title of Person Signing for Agency or IHE Date: ________________________________ In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:_______________________________________ Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval Option Effective Date:________________________ Page 390 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 30 of 41 Version 1018 EXHIBIT C, FEDERAL PROVISIONS 1. APPLICABILITY OF PROVISIONS. 1.1. The Contract to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Contract, or any attachments or exhibits incorporated into and made a part of the Contract, the provisions of these Federal Provisions shall control. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. “Award” means an award of Federal financial assistance, and the Contract setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers. 2.1.1.1. Awards may be in the form of: 2.1.1.1.1. Grants; 2.1.1.1.2. Contracts; 2.1.1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 2.1.1.1.4. Loans; 2.1.1.1.5. Loan Guarantees; 2.1.1.1.6. Subsidies; 2.1.1.1.7. Insurance; 2.1.1.1.8. Food commodities; 2.1.1.1.9. Direct appropriations; 2.1.1.1.10. Assessed and voluntary contributions; and 2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. 2.1.1.1.12. Any other items specified by OMB in policy memoranda available at the OMB website or other source posted by the OMB. 2.1.1.2. Award does not include: 2.1.1.2.1. Technical assistance, which provides services in lieu of money; 2.1.1.2.2. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 2.1.1.2.3. Any award classified for security purposes; or 2.1.1.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 2.1.2. “Contract” means the Contract or Subaward Agreement to which these Federal Provisions are attached and includes all Award types in §2.1.1.1 of this Exhibit. 2.1.3. “Contractor” means the party or parties to a Contract or Subaward Agreement funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes Subrecipients and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 2.1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform. Page 391 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 31 of 41 Version 1018 2.1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C; 2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 2.1.5.2. A foreign public entity; 2.1.5.3. A domestic or foreign non-profit organization; 2.1.5.4. A domestic or foreign for-profit organization; and 2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity. 2.1.6. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency to a Prime Recipient. 2.1.8. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR §200.37 2.1.9. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency Act.” 2.1.10. “Federal Provisions” means these Federal Provisions subject to the Transparency Act and Uniform Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2.1.11. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.12. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award. 2.1.13. “Subaward” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR §200.38. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.14. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term “Subrecipient” includes and may be referred to as Subrecipient. The term does not include an individual who is a beneficiary of a federal program. 2.1.15. “Subrecipient Parent DUNS Number” means the sub recipient parent organization’s 9-digit Data Universal Numbering System (DUNS) number that appears in the sub recipient’s System for Award Management (SAM) profile, if applicable. 2.1.16. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 2.1.17. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following: 2.1.17.1. Salary and bonus; 2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 2.1.17.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.17.4. Change in present value of defined benefit and actuarial pension plans; Page 392 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 32 of 41 Version 1018 2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified; 2.1.17.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 2.1.18. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 2.1.19. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 2.1.20. “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 3. COMPLIANCE. 3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable provisions of the Uniform Guidance, and the regulations issued pursuant thereto, including but not limited to these Federal Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS. 4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 4.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor’s information. 5. TOTAL COMPENSATION. 5.1. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 5.1.2. In the preceding fiscal year, Contractor received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act; and 5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act; and 5.1.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. 6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in this Exhibit if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Federal Provisions and the cost of Page 393 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 33 of 41 Version 1018 producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations under this Contract. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 7.1. Reporting requirements in §0 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7.2. The procurement standards in §0 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §0 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. 8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below. 8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Sub award was made: 8.1.1.1. Subrecipient DUNS Number; 8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 8.1.1.3. Subrecipient Parent DUNS Number; 8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and 8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Agreement, the following data elements: 8.1.2.1. Subrecipient’s DUNS Number as registered in SAM. 8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 9.2. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Page 394 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 34 of 41 Version 1018 10. ACCESS TO RECORDS 10.1. A Subrecipient shall permit Recipient and auditors to have access to Sub recipient’s records and financial statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass- through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5). 11. SINGLE AUDIT REQUIREMENTS 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with §200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program- specific audit. 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit Requirements. 12. CONTRACT PROVISIONS FOR SUBRECIPIENT CONTRACTS 12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Agreement. 12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 12.1.1.1. During the performance of this contract, the contractor agrees as follows: 12.1.1.1.1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants Page 395 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 35 of 41 Version 1018 for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 12.1.1.1.2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 12.1.1.1.3. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 12.1.1.1.5. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 12.1.1.1.7. Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.” 12.1.2. Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Page 396 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 36 of 41 Version 1018 12.1.3. Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the definition of “funding Contract” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Contract,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding agency. 12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subawards of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award. 13. CERTIFICATIONS. 13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed, or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 14.3. There are no Transparency Act reporting requirements for Vendors. 15. EVENT OF DEFAULT. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. Page 397 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 37 of 41 Version 1018 EXHIBIT D, ADDITONAL PROGRAM REQUIREMENTS A. Work Per 23 CFR 420.111, SUBRECIPIENT shall complete the Work and other obligations as described herein and Exhibit A. Work performed prior to the Effective Date or after the Termination date shall not be considered part of the Work. SUBRECIPIENT shall take all reasonable steps to carry out alla ctivities desdribed and identified in the Statement of Work. The Statement shall include an estimation of anticipated benefits from each program submitted, a Budget, the activity purpose, objetives, major tasks, timeline of expected completion, and an Evaluation process to determine the success of each activity stated in Exhibit A. In addition, SUBRECIPIENT shall be responsible for: 1.) The initial design and implementation of its congestion mitigation and air quality program as outlined in the current TIP; 2.) Monitoring and Evaluating the program effectiveness; 3.) The promotion of congestion mitigation and air quality program(s) by employers; 4.) Submittal of an annual report to CDOT; and, 5.) Submitting annual results to CDOT through the CMAQ Reporter. B. Notice SUBRECIPIENT shall not commence Work until the date specified by a written notice, which may be electronic, and shall complete the Work within the period specified in the Agreement unless the period or terms thereof are extended according to this Agreement. C. Staff/Consultant Services SUBRECIPIENT shall be responsible to select staff/consultant services in compliance with all applicable federal procurement requirements including 23 CFR 172 and 2 CFR 200. Any Request for Proposal (RFP) used by SUBRECIPIENT to secure consultant Services must be reviewed by CDOT before SUBRECIPIENT releases the RFP. CDOT shall have 15 calendar days from the date of receiving the RFP in which to return comments. Responses to CDOT’s comments will be provided by SUBRECIPIENT within 15 calendar days of receipt of the comments. SUBRECIPIENT shall notify CDOT in writing before executing any Agreement for consultant Services which utilizes Grant funding. D. Statement of Work and Budget Amendment SUBRECIPIENT shall amend Exhibit A in accordance with the terms of this Agreement, when: 1.) Reallocating funds between budget line items in Exhibit A, as permitted pursuant to §5(E); and 2.) Adding or deleting activities listed in Exhibit A to reflect authorized budget line item reallocations permitted pursuant to §5(E). If any changes to Exhibit A (i) require an increase or decrease to the maximum amount of this Subaward, (ii) change the term of the Agreement, or (iii) exceed the 24.99% threshold in §5(E) for any activity, the Parties must amend this Agreement prior to such change being effective. E. Limited Availability of Funds The amount of Federal Funds available to pay for the Work performed by Subrecipient in any one year is limited to the amount of the unused portion of the allocated funds, made available through 23 §USC 104 (b)(3) and (f) as amended, and 49 USC 5303 as amended. F. Additional Funds Use CMAQ Federal Funds shall be used only to reimburse Subrecipient for eligible allowable costs incurred and Subrecipient shall be solely responsible for all costs incurred that are either not allowable or which exceed the funds available in the Agreement as identified herein and/or in the Exhibit A. G. Billing, Reimbursement, and Allowable Costs 1.) Reimbursement The Parties hereto exprssly recognize that the Subrecipient is to be paid, reimbursed, or otherwise compensated with the funds provided to CDOT by the U.S. Department of Transportation for the purpose of completing the Work and therefore, the Subrecipient expressly understands and agrees that all its rights, demands, and claims to compensation arising under this Agreement are contingent upon receipt of such funds by CDOT. 2.) Allowable Costs CDOT shall not be obligated to use State funds under this Agreement. CDOT’s use of Federal Fnds shall be to reimburse Subrecipient for allowable costs incurred by Subrecipient, as defined in this Agreement. Page 398 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 38 of 41 Version 1018 Subrecipient shall be solely responsible for all costs incurred which are not allowable or which exceed the funds available in the Agreement. H. Allowable and Indirect Costs Allowable and indirect costs may include but are not limited to those listed in 2 CFR 200, or State Fiscal Rule 2-7: “Official Functions and Training Functions,” whichever may apply. However, such costs shall be limited to those costs determined by the CDOT as necessary to directly carry out the Work for this Agreement. In determining the amount of allowable costs, CDOT will exclude: a) Any costs incurred by the Subrecipient before the execution of the Agreement. b) Any costs incurred by the Subrecipient that are not included in Exhibit A. c) Any cost incurred by the Subrecipient after the termination date of this Agreement as amended. d) Memberships, subscriptions, and professional activities, which do not meet the following requirements: (1). Costs of membership in civic and community, social organizations are allowable as a direct cost with the approval of the federal-awarding agency; (2). Costs of subscriptions to business, professional, and technical periodicals; (3). Costs of meetings, conferences, and conventions where the primary purpose is the dissemination of technical information, including meals, transportation, rental of meeting facilities, and other incidental costs; or (4). Costs of memberships in business, technical, and professional organizations. However, costs of membership in organizations substantially engaged in lobbying are not allowed and thus unallowable. e) Official Function Expenditures (as defined by Rule 2-7 of the Colorado State Fiscal Rules), which do not qualify as a meeting, conference, meal or other function that is hosted by the MPO or Subrecipient staff and attended by guests and/or other MPO or Subrecipient personnel and held for official MPO or Subrecipient business. Expenditures incurred fo rofficial functions shall be approved bythe responsible MPO or Subrecipient official. I. Disallow Costs CDOT has the right to disallow any costs incurred by the Subrecipient, which are not consistent with this Agreement, or on any activity not in compliance with the authorized Work. J. Reimbursement Waiver Subrecipient agrees that reimbursement of any cost under this Agreement does not constitute a final CDOT decision about the allowability of the costs and does not constitute a waiver of any violation by Subrecipient of the terms of this Agreement. K. Certification Upon submitting request for reimbursement, the designated representative of the Subrecipient has certified that: a) The costs are allowable, and therefore reimburseable; b) The expenditure amount for that time period is correct; c) The agreed upon Work has been performed and/or Work Product has been produced; d) All Requests for Proposals and/or Requests for Qualifications have been forwarded to CDOT for review and comment; and e) Reimbursements are being requested in accordance with the terms of this Agreement. L. Expenditures Along with the form requesting reimbursement, the Subrecipient shall include expenditures of Federal Funds for Work. The information shall contain: i. Budgetted amount; ii. Expenditures for current billing cycle and year-to-date; iii. Unexpended balance after current cycle; iv. Percent expended year-to-date; and v. Copies of Subcontractors invoices, if applicable. M. Invoice CDOT shall pay the Subrecipient’s voucher for expenditures incurred in performance of Work, up to the maximum amount described in §7, and elsewhere in this Agreement, subject to conditions specified herein, within 30 days of receipt. N. Annual Report – CMAQ Reporter Subrecipient shall be responsible to coordinate with its MPO to submit an annual report using the “CMAQ Reporter”, describing, in detail, the performance of the Work and the extent to which the use of alternative Page 399 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 39 of 41 Version 1018 modes of tranportation and/or improvement in air quality were increased during the Agreement period as a result of the program. SUBRECIPIENT shall be responsible for tracking, gathering, maintaining, and reporting of CMAQ nonattainment or maintenance area program activities by category, which will include emission reduction estimates and activity costs. O. Final Report Within 30 days after the end of the Program period, SUBRECIPIENT will provide to CDOT a final accomplishment report of the activities performed under this Agreement for the completed fiscal year. It shall include, but not be limited to: 1.) Final accompishments by activities; and 2.) Status of uncompleted products; and 3.) Accomplishment of performance measures; and 4.) Actual expenditures for the Program Period. P. Reporting Guidance Reporting made for the purpose of this Agreement and its activities shall be done in accordance with 23 CFR Part 420.117, 450 and 2 CFR 200, and any supporting sections or amendments. The provisions of this paragraph do not constitute a waiver of legal and administrative appeals available to SUBRECIPIENT or the State. Q. Monitoring In accordance with 2 CFR 200 and other applicable standards, the State will monitor all the activities conducted by SUBRECIPIENT pursuant to the terms of this Agreement to assure that the Project is being performed consistent with supporting federal laws and regulations, as amended, to enable the preparation and submission of appropriate reports that will contain at a minimum: 1.) Comparison of actual performance with established goals during the program and once the program is complete; 2.) Progress in meeting schedules; 3.) Comparison of budgeted (approved) amounts and actual costs incurred; 4.) Cost variances to budget; 5.) Approved program revisions; and 6.) Other supporting data. R. Performance, Progress, Personnel, and Funds In responding to these requirements, CDOT will utilize the following steps and procedures to ensure that assigned responsibilities are carried out: 1.) Monitoring Documents CDOT will use the current Statement of Work, and supporting documents, in reviewing the progress being made by SUBRECIPIENT to meet the commitments in this Agreement. The Statement of Work must include all activities, deliverables, and performance measures, and Budgets committed to by SUBRECIPIENT. 2.) Monitoring Meetings Meetings between CDOT and SUBRECIPIENT representatives will be conducted at CDOT’s discretion for the purpose of reviewing progress, resurce allocations, and billings. 3.) Progress and Financial Reports CDOT will prepare and submit progress and financial reports to the appropriate federal agencies. S. Noncompliance Any Product that SUBRECIPIENT has committed to in the Statement of Work not produced and justification not provided in a timely manner in accordance with this agreement, may result in the delay of payment of funds and/or termination as provided under this Agreement. Along with the terms of this Agreement and in accordance with 2 CFR 200, the following steps will be implemented by CDOT: 1.) CDOT representative will meet with SUBRECIPIENT representative to discuss performance. 2.) The CDOT representative will report the progress to the Division of Transportation Development Director. 3.) The Director will issue a decision as to whether performance is satisfactory or unsatisfactory. If performance was determined to have been unsatisfactory, CDOT shall determine if a reduction in allocation is appropriate. SUBRECIPIENT will be notified of any decisions made by CDOT. T. Additional Requirements for Rights in Data, Documents, and Computer Software Whenever possible, published material shall acknowledge the financial participation of CDOT and/or the FHWA and other agencies contributing funding to the Work Product. Any published material acknowledging Page 400 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 40 of 41 Version 1018 the contribution of the FHWA shall include the federal disclaimer statement: “FUNDED BY THE FHWA”. Published materials include any non-internal documents, reports, maps, photographs, computer software, or like materials that are intended to be viewed by those outside of CDOT, and Subrecipient. Patents: In addition to the standard patent rights clauses of 37 CFR §401 et. al, and other applicable laws and regulations, CDOT, Subrecipient, and either party’s subrecipients are subject to the provisions of 37 CFR part 401, governing patents and inventions whereby “The Subcontractor or Subrecipient will retain all rights provided for the State in this clause, and the State will not, as part of the consideration for awarding the subaward or Agreement, obtain rights in the Subcontractor's or Subrecipient 's subject inventions.” U. 2 CFR 200 Subpart F In accordance with the provisions of 2 CFR 200: “Audits of States, Local Governments, and Nonprofit Organizations”, all nonfederal entities including state and local government and non-profit organizations, receiving more than $750,000 from all federal financial assistance funding sources, shall comply with the audit requirements of 2 CFR 200. Compliance with 2 CFR 200is required in the following manner: a) If the Subcontractor expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. b) If the Subcontractor expends more than $750,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. c) If the Subcontractor expends more than $750,000 in federal funds, and the federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. d) Single Audit can only be conducted by an independent auditor in accordance with generally accepted government auditing standards covering financial audits (2 CFR 200). An audit is an allowable direct or indirect cost. V. Final Audit Report If an audit is performed on Subrecipient’s records for any fiscal year covering a portion of the term of this Agreement, Subrecipient shall submit a copy of the final audit report to CDOT or its principal representative at the address specified herein. Page 401 of 427 Contract Number: 20-HTD-ZL-03058/491001997 Page 41 of 41 Version 1018 EXHIBIT E, TITLE VI – CIVIL RIGHTS Nondiscrimination Requirements Subrecipient shall not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability. Subrecipient shall abide by all applicable federal and state nondiscrimination laws and regulations, including but not limited to, Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; The Civil Rights Restoration Act of 1987, Pub. L. No. 100-259, 102 Stat. 28; 49 CFR Part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation; 23 CFR Part 200: Title VI Program and Related Statutes - Implementation and Review Procedures; Title II of the Americans with Disabilities Act of 1990, 42 U.S.C §§12101 - 12213; Rehabilitation Act of 1973 § 504, 29 U.S.C § 794; 49 CFR Part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Assistance; 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services; 49 CFR Part 28: Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. As a condition of federal financial assistance, Subrecipient shall develop and maintain a Title VI Program in accordance with the “Requirements for FHWA Subrecipients” set forth in CDOT’s Title VI Program Plan. Subrecipient shall also facilitate compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development and public outreach in accordance with applicable CDOT and FHWA guidance. In any contract utilizing federal funds, land, or other federal aid, Subrecipient shall require the federal-aid recipient or contractor to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. Subrecipient shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services and any other requirements established by CDOT for FHWA subrecipients. Disadvantaged Business Enterprise Requirements The requirements of 49 CFR Part 26 and CDOT’s DOT-approved DBE program are incorporated by reference into this agreement. Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Subrecipient shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted Agreement. Failure by Subrecipient to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as CDOT deems appropriate. Subrecipient must include this assurance in all DOT-assisted contracts. Prompt Payment Subrecipient shall require that all contractors pay subcontractors for satisfactory performance of work no later than 30 days after the receipt of payment for that work from the contractor. If Subrecipient allows contractors to withhold retainage from subcontractors, retainage shall be released within 30 days from the date the work is satisfactorily completed. Page 402 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jacob Warren DEPARTMENT: Public Works DATE: October 21, 2019 SUBJECT: Award of Contract to Colt & Steel Corp. for the 2019 Alley Grading & Stabilization Project DESCRIPTION: Award of Contract to Colt & Steel Corp. for the 2019 Alley Grading & Stabilization Project RECOMMENDATION: Staff recommends approving, by motion, a contract with Colt & Steel Corp. in the amount of $259,208.27 for the 2019 Alley Grading & Stabilization Project. PREVIOUS COUNCIL ACTION: N/A SUMMARY: The city issued an invitation for bids on September 18, 2019 and received one (1) bid in response on October 9, 2019. The total bid from the lowest bidder, Colt & Steel Corp., was $259,208.27 which was $16,841.73 less than the City of Englewood Engineering Staff's Estimate. This work is part of the Phase II efforts to maintain alleys throughout the city. Phase I consisted of initial grading and addition of asphalt millings by the Streets Division. ANALYSIS: This contract will have the contractor grading and stabilizing 58 aggregate base alleys in Zone 2. Zone 2 is defined as the zone between Oxford Ave. on the North, Belleview Ave. on the South, Windermere St. and Santa Fe Dr. on the West, and Broadway Ave. on the East. The grading is intended to improve drainage and rideability of the alleys. The stabilization product will bind the aggregate particles and decrease permeability of the base which will in turn decrease the amount of rutting, pumping, and erosion that the aggregate undergoes. Alleys throughout the city are deteriorating due to erosion caused by rain, annual snow melt, and normal alley traffic. Improper grading can cause poor drainage conditions and standing water which leads to high water content in the aggregate base for extended periods of time. Moisture captured in the aggregate facilitates movement between aggregate particles under load. This movement results in rutting, potholing, and progressive deterioration. Improving drainage conditions is a key component of keeping the alleys functional for an extended period of time. Bidding & Selection Process: • A map and specifications for this project were prepared by city staff. Page 403 of 427 • Bids were solicited through a formal bidding process which was advertised on the Rocky Mountain BidNet site beginning September 18, 2019. • Bids were opened and read publicly at 2:00 p.m. on October 9, 2019. • One (1) addendum was issued in response to questions from potential bidders. • Per the contract terms, all work must be complete within 40 calendar days of the notice to proceed date. • Notice to Proceed is anticipated for October 28, 2019, therefore, project completion is anticipated by December 6, 2019 City staff will create post cards and mail them to affected residents. Per the contract terms, the contractor will place signs 48 hours prior to the date they begin work on a given alley. FINANCIAL IMPLICATIONS: Staff issued an Invitation to Bid (ITB) on September 18, 2019. One (1) bid was received on October 9, 2019 as summarized below. A detailed summary of the bid results is attached. Bidder Total Bid Amount Colt & Steel Corp. $ 259,208.27 City of Englewood Engineering Staff's Estimate $ 276,050.00 Difference of Low Bidder and Engineer's Estimate $ 16,841.73 Colt & Steel Corp.'s total bid was approximately 6% less than the City of Englewood Engineering Staff's Estimated amount. Approval of a 10% contingency in the amount of $25,920.83 is also recommended to account for unknown circumstances that might be encountered on the project. This 10% will only be utilized, if necessary, to account for items not already in the plans. ALTERNATIVES: The alternative to awarding this contract is to continue having the City of Englewood Streets Department manage all alley maintenance throughout the city. CONCLUSION: Funds for this project have been budgeted in the 2019 Capital Project Budget. Colt & Steel Corp.'s bid of $259,208.27 was the only bid received and is within the available funds for this contract, therefore, staff recommends award of the contract to Colt & Steel Corp. ATTACHMENTS: 2019 Alley Grading & Stabilization Contract - Contractor Signed 2019 Alley Grading & Stabilization Detailed Bid Tabulation 2019 Alley Grading & Stabilization Contract Approval Summary 2019 Alley Grading & Stabilization Project Map Page 404 of 427 EnYOF lewood g PROCUREMENT DIVISION CONTRACT # CFC/19-70 $259,208.27 THIS CONTRACT is, made and entered into this __ day of 2019, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and Colt and Steel Corporation whose address is 2150 W. 61h Avenue, Suite G, Broomfield, CO 80020, hereinafter referred to as ("Contractor"). Commencing on the 18th day of September, 2019, 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: ALLEY GRADING AND STABILIZATION PROJECT WHEREAS, proposals pursuant to said advertisement have been received by the City and have been certified by the Director of Public Works 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: CFC# 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 Certificate of Insurance 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 Page 405 of 427 CFC# 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 ag rees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Public Works. 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 ag rees 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 in cluding Worker's Compensation claims , in any way resulting from or arising out of this AgreemenVContract: 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 insu ra nce 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 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 effect ive 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, atthe 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 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 Page 406 of 427 CFC# 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. Term ination 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. Notwithstand ing 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 Two hundred fifty - nine thousand two hundred eight dollars and twenty seven cen t s . ($259 ,208 .27). A 5% retainage of the awarded project amount wilt be withheld until final inspection and acceptance by the Project Manager. J . Appropriation of Funds: At present, $259,208.27 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 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 $500 .00 for each day that expires after the time specified for substantial completion until the Work is complete, and $500 .00 for each day that expires after the time specified for final completion of the Work. 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 Page 407 of 427 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 requi res 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. 0 . 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 repl acement of said project. and associated incidentals or any portion thereof, shall rest ·entirely with the Director of Public Works 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. CFC# 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 4 Page 408 of 427 (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 subcontracto r 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). (e) Damages for Breach of Contract: The City may terminate th is 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 . CFC# (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 Page 409 of 427 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: By: _ _ l . (Signa'ture) j (Print name a Title) Date: _I o_/_t 1.\-..__l 1_9 --- 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFC# 6 Page 410 of 427 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL The City of Englewood is contracting the services of Colt & Steel Corp . to grade and stabilize 58 aggregate alleys in Zone 2 of the city. Zone 2 is defined as the zone between Oxford Ave. on the North, Belleview Ave . on the South, Windermere St. and Santa Fe Dr. on the West, and Broadway Ave. on the East. 2 . NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS James Egan Colt & Steel Corp . Project Manager (303) 442-2888 jegan@coltandsteel.com Jacob Warren City of Englewood Capital Projects Engineer (303) 762-2517 jwarren@englewoodco .gov 3 . SUMMARY OF PURPOSE FOR STATEMENT OF WORK The work to be performed under these documents, the Construction Specifications and the Project Map hereof consists of furnishing all labor, tools , equipment, traffic control, flaggers, materials, and supplies for the grading of alleys, trimming of trees and bushes, and the application of a soil stabilization . 4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) List of locations and quantities for the project. 5 . OTHER CONSULTANT RESOURCES N/A 6 . DESCRIPTION OF WORK PRODUCT AND DELIVERABLES CFC# Alleys will be graded to improve drainage and to remove rutting, potholing, and points of erosion. A soil stabilization product will be applied to improve the drainage and stability of the alley base material. Drainage structures will be adjusted as necessary to accommodate finished grade. Trees and bushes 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 Page 411 of 427 will be trimmed to provide a clear and fully accessible public right of way . The contract line items and estimated quantities for construction are as follows: Base Bid Item No . M&P Item Description Units Quantity 01 SCR 26 .1 Alley Grading (5 .5' Wide) LF 70,000 02 SCR 26.2 Furnish Roadway Base TON 40 03 SCR 26 .3 Removal and Disposal of Excess Alley Material LOADS 60 04 SCR26.4 Recycle Alley Base CY 100 05 SCR 26.5 Apply Soil Stabilization GAL 17,120 06 SCR 26 .6 Structure Adjustment (Lowering) EACH 15 07 SCR26.7 Structure Adjustment (Raising) EACH 20 09 SCR 26 .9 Traffic Control & Protection LS 1 10 SCR 26 .10 Erosion and Sediment Control LS 1 11 SCR 26.11 MINOR CONTRACT REVISIONS EACH 10,000 Bid Alternate #1 Item No. M&P Item Description Units Quantity 08 SCR26 .8 Tree and Bush Trimming LF 14,000 7. SPECIAL TERMS, IF ANY All work completed by December 61h, 2019 unless extension is granted by City of Englewood . 8 . MODE OF PAYMENT Payment will be made by Check or ACH . 9. PAYMENT SCHEDULE CFC# Monthly payments will be made upon work completed and accepted by the City of Englewood Project Manager for previous month. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762 -2300 www .englewoodgov.org 8 Page 412 of 427 10. SCHEDULE AND PERFORMANCE MILESTONES Colt & Steel shall finish all work described in the construction specifications and associated map on or by December 5th, 2019 . 11 . ACCEPTANCE AND TESTING PROCEDURES Per COE Inspection and acceptance. 12 . LOCATION OF WORK FACILITIES Vendor at its regular office located at 2150 W 5th Ave., Broomfield , CO 80020 and will conduct substantially all of the work. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 20_, the parties have executed this Statement of Work as of this ___ day of • 20_. CITY OF ENGLEWOOD, COLORADO By:------------ (Signature) (Print Name) Title:------------- Date:------------- CFC/I 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 Page 413 of 427 Colt & Steel Corporation I By : __ i \_,....J _(_S-ig_n_a_tu-'irF,-------- J: .. ·" '-> [,,~} .. (Print Name) j Title : --+?-"' o-,-~+-u;_x_~~V\!J\~J..,....'{,f ___ _ CFC# Date : __ lo+--/ [~4~/ \~1 ___ _ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 Page 414 of 427 CFC# A 1T ACHMENT B CONTRACTOR'S PROPOSAL 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 Page 415 of 427 Pay Item #Description of Item UnitQuantity Cost Per Unit Total Cost of ItemCost Per UnitTotal Variance Variance%01 Alley Grading (5.5' Wide) LF 70,000 $0.67 $46,900.00$0.62 $43,400.00 ($3,500.00) -7.46%02 Furnish Roadway Base TON 40 $150.00 $6,000.00$84.03 $3,361.20 ($2,638.80) -43.98%03Removal and Disposal of Excess Alley MaterialLOADS 60 $400.00 $24,000.00$599.19 $35,951.40 $11,951.40 49.80%04 Recycle Alley Base CY 100 $150.00 $15,000.00$51.02 $5,102.00 ($9,898.00) -65.99%05 Apply Soil Stabilization GAL 17,120 $1.25 $21,400.00$1.82 $31,158.40 $9,758.40 45.60%06 Structure Adjustment (Lowering) EACH 15 $250.00 $3,750.00$1,233.54 $18,503.10 $14,753.10 393.42%07 Structure Adjustment (Raising) EACH 20 $100.00 $2,000.00$1,171.84 $23,436.80 $21,436.80 1071.84%08 Tree and Bush Trimming LF 14,000 $10.00 $140,000.00$3.07 $42,980.00 ($97,020.00) -69.30%09 Traffic Control & Protection LS 1 $5,000.00 $5,000.00$36,189.13 $36,189.13 $31,189.13 623.78%10 Erosion and Sediment Control LS 1 $2,000.00 $2,000.00$9,126.24 $9,126.24 $7,126.24 356.31%11 MINOR CONTRACT REVISIONS EACH 10,000 $1.00 $10,000.00$1.00 $10,000.00 $0.00 0.00%$276,050.00$259,208.27 -6.10%Colt & Steel CorporationEngineer's Estimate2019 Alley Grading & Stabilization CONSTRUCTION COSTSPage 416 of 427 Contract Approval Summary 10/11/2019 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Jacob Warren Phone: (303) 762-2517 Title: Capital Projects Engineer Email: jwarren@englewoodco.gov Vendor Contact Information Vendor Name: Colt & Steel Corp. Vendor Contact: James Egan Vendor Address: 2150 W 6th Ave. Vendor Phone: (303) 442-2888 City: Broomfield Vendor Email: jegan@coltandsteel.com State: CO Zip Code: 80020 Contract Type Contract Type:Construction Agreement Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☒Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: October 2019 End Date: January 2020 Total Years of Term: n/a Total Amount of Contract for term (or estimated amount if based on item pricing): $259,208.27 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): The City will pay Vendor for the work in accordance with the following payment schedule. This schedule will include monthly payments. Monthly payments will be made upon work completed and the approval of the invoice Attachments: ☐Copy of original Contract if this is an amendment ☒Copies of related Contracts/Conveyances/Documents The City of Englewood will conduct its 2019 Alley Grading & Stabilization project. This contract will have the contractor grading and stabilizing 58 aggregate base alleys in Zone 2. The grading is intended to improve drainage and rideability of the alleys. The stabilization product will bind the aggregate particles and decrease permeability of the base which will in turn decrease the amount of rutting, pumping, and erosion that the aggregate undergoes. Page 417 of 427 Contract Approval Summary 10/11/2019 Page | 2 Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☒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 City of Englewood, Colorado Contract Approval Summary 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 30 1001/007 30 1003 Alley Construction 225,480.49$ 25,000.00$ 200,480.49$ 0.00$ C 2019 30 1001/001 30 1002 Road and Bridge/Bridge Repairs 2,446,577.17$ 151,948.79$ 58,727.78$ 2,235,900.60$ Total by Fund and Current Year 2,672,057.66$ 176,948.79$ 259,208.27$ 2,235,900.60$ C 2020 -$ -$ -$ -$ O 2020 -$ -$ -$ -$ Total by Fund and Next Year -$ -$ -$ -$ Grand Total 2,672,057.66$ 176,948.79$ 259,208.27$ 2,235,900.60$ 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 Staff Prepared Bid documents and quantity estimates for the 2019 Alley Grading & Stabilization Project. The project was publicly advertised on September 18th, 2019 and bids were opened on October 9th, 2019. One (1) bid was received. Colt & Steel Corp. submitted the only bid response at $259,208.27 and was $16,841.73 lower than the Engineer’s estimate. Page 418 of 427 !! ! ! ! ! ! ! ! ! !! ! ! !! !!! ! ! ! ! ! ! ! !! ! !!! ! !! ! ! !!! ! ! !!! ! ! !!!! !!! ! ! ! ! ! ! ! !! ! !!! ! ! ! !! ! !! ! ! ! !! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! ! !!! !! ! ! ! ! ! "" " "CITYDITCHO X F O R D P R I N C E T O N Q U I N C Y R A D C L I F F S TA N F O R D T U F T S U N I O N L A Y T O N C H E N A N G O G R A N D B E L L E V I E WBROADWAYSANTA FE DRKALAMATHHURONDELAWAREWINDERMERENAVAJOJASONFOXBANNOCKACOMACHEROKEEELATIGALAPAGOINCALIPANHURONDELAWAREJASONINCABANNOCK41004200430044001200 1000 800 600 400 200 4500460047001500 480049005000PRINTED: 2019-08-30 13:17 DRAWN BY: JDL A l l e y G r a d i n g & S t a b i l i z a t i o n 2 0 1 9 Typical Alley Section 11.0' Average Width 16' ROW (typical)ROWROWMinimum CrossfallMaximum Crossfall = 2.5%= 4.5% Quantities Number of alleys = 58Number of inlets = 4±Number of ma nholes = 10 9±Total length = 33,980 ft ± (unpaved alleys)Legend Inlet" Street Alley (unpaved) !Manhole Alley (paved) DATE: Aug ust 30, 2019 ¶N SCALE:1 inch = 750 feet Page 419 of 427 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: October 21, 2019 SUBJECT: Marked Crosswalk Guidelines DESCRIPTION: Marked Crosswalk Guidelines RECOMMENDATION: Staff recommends approving, by motion, the attached Marked Crosswalk Guidelines. PREVIOUS COUNCIL ACTION: The guidelines were discussed by the City Council at the September 16, 2019 Study Session. SUMMARY: The Englewood Transportation Advisory Committee (ETAC), in consultation with staff, has developed guidelines to assist the city in evaluating requests for marked crosswalks. The purpose of these guidelines is to serve as a policy document that assists the city in determining appropriate locations for marked crosswalks on city streets. Criteria have been developed to aid in this effort. ANALYSIS: The city periodically receives requests from the public to install a marked crosswalk either at street intersections or at mid-block locations. Crosswalks that are appropriately marked provide pedestrians with convenient opportunities to cross streets in a safer manner. Marked crosswalks direct pedestrians to designated places to cross, alert drivers to the potential presence of pedestrians, and legally establish the crosswalk at non-intersection locations. In the past, crosswalks have been evaluated by staff on a case-by-case basis with no specific set of criteria applied. City staff, in consultation with ETAC, developed the attached Marked Crosswalk Guidelines. A presentation on the proposed guidelines was provided to the Cultural Arts Commission. The purpose of these guidelines is to serve as a policy document to assist the city in determining appropriate locations for marked crosswalks. The guidelines also establish criteria for Artistic Crosswalks - art-themed designs that promote neighborhood identity and place making. Criteria for marked crosswalk installation, possible exceptions, and criteria for artistic crosswalks is included. ETAC passed a resolution on April 11, 2019 which unanimously approved the guidelines for consideration by the City Council. While installation of marked crosswalks is sometimes needed to promote safer pedestrian crossing of streets, installing crosswalks in locations without sufficient pedestrian traffic can Page 420 of 427 make a location less safe as motorists tend to ignore such locations. Therefore, marked crosswalks must be installed judiciously. City staff developed a set of criteria for possible installations of marked crosswalks that are based on the national standard Federal Highway Administration "Manual of Uniform Traffic Control Devices" as well as guidelines adopted by the city and county of Denver. At least one of the following three criteria must be met for a crosswalk to be considered: 1) High pedestrian demand Based on actual counts of the number of pedestrians at a given location, there must be at least 20 pedestrians per hour in a day, at least two days of the week. Vulnerable pedestrians (defined as children, the elderly, and people with disabilities) would each be counted as 1.33 pedestrians. 2) Immediate proximity to locations with vulnerable pedestrian groups These locations are defined as schools, hospitals, senior or recreation center, libraries and parks. 3) Location which serves a multi-use path or trail This might be where a trail crosses a street at a mid-block location. In all cases, the proposed location must be more than 300 feet from the nearest marked crossing to avoid an overabundance of crossings. Since conditions can vary greatly by location, the Traffic Engineer, in conjunction with the Director of Public Works, have the discretion to approve exceptions to these guidelines. Design and installation criteria for artistic crosswalks is also included in the guidelines. In order to install an artistic crosswalk, it must be in a location where there is already a marked crosswalk or, it must meet one of the criteria listed above. Design and installation requirements have been developed so that the artistic crosswalks do not pose a potential hazard or distraction to drivers. So, for example, the colors and symbols used in the design must be carefully considered. The City can install the design or, the applicant may, under certain conditions such as paying for and providing adequate traffic control, providing insurance and having all participants sign a waiver. Temporary installations - using chalk or other materials - can be considered as well. An application form and process is being developed by the Communications Department. FINANCIAL IMPLICATIONS: The city installs and pays for all costs when a marked crosswalk is deemed to be warranted. Costs for maintaining & installing marked crosswalks is included in the Traffic Division's annual operating budget. For a typical street, the approximate material costs, including signage, is approximately $1,500 per crosswalk. ADA-compliant pedestrian ramps may also need to be installed in certain situations. These costs would also be borne by the city, however, this situation would become a factor when recommending installation of a marked crosswalk. All costs associated with artistic crosswalks would be paid for by the sponsoring group This includes: design, fabrication, installation, maintenance and removal. There would be no expenditure by the city other than staff time to assist with coordination and the application process. The estimated cost of a marked crosswalk can vary greatly, depending on the intricacy of the design, however an approximate estimate is $8,000. Page 421 of 427 ALTERNATIVES: The City Council could choose to not adopt the guidelines or modify them in some manner. CONCLUSION: Staff recommends adopting the attached Marked Crosswalk Guidelines, by motion. ATTACHMENTS: Marked Crosswalk Guidelines Page 422 of 427 1 Marked Crosswalk Guidelines It is important to provide designated facilities for pedestrians in order for them to use the transportation network safely. Crosswalks that are appropriately marked provide pedestrians with a convenient opportunity to cross the street, while maintaining safety. Marked crosswalks direct pedestrians to a designated place to cross, alert drivers as to the potential presence of pedestrians and legally establish the crosswalk at non- intersection locations. Purpose and Scope: The purpose of these Guidelines is to serve as the policy document that guides the city in determining where and how to improve an uncontrolled crosswalk within the city of Englewood, on public roadways owned and maintained by the city. These guidelines provide direction to determine if a marked crosswalk is appropriate in a particular location. The guidelines also address installation & maintenance of artistic crosswalks. These guidelines are intended to be used by city staff in determining whether to mark an uncontrolled crosswalk to ensure efficient function for all users of the roadway and maintain pedestrian safety. When a specific location is being considered for a marked crosswalk – due to public feedback, a new development, or staff recommendation – this document serves as a guide to consistently determine whether installation is warranted or not. Definitions: Unmarked Crosswalk: A legal crosswalk that does not feature any traffic control markings. Marked Crosswalk: A legal crosswalk that features traffic control markings. Midblock Crosswalk: A location not at an intersection, featuring traffic control markings to indicate that it is a legal crosswalk. Uncontrolled Crosswalk: A legal crosswalk across a roadway approach not controlled by a stop sign or traffic signal. Controlled Crosswalk: A legal crosswalk across a roadway approach controlled by a stop sign or traffic signal. Page 423 of 427 2 Artistic Crosswalk: A legally marked crosswalk that promotes neighborhood identity and sense of place which are designed, installed and maintained in accordance with these guidelines. Manual of Uniform Traffic Control Devices (MUTCD): The Manual of Uniform Traffic Control Devices (MUTCD, Federal Highway Administration 2009) states that crosswalk lines should not be used indiscriminately. Instead, an engineering study should be performed before a marked crosswalk is installed at a location away from a traffic control signal or an approach controlled by a STOP or YIELD sign. Criteria for Possible Installation: Suggested locations for marked crosswalks will be evaluated using the following criteria. One of the three criteria must be met in order for a crosswalk to be considered: Condition 1: A. Location must have a High Demand for Use a. Pedestrian count of at least 20 pedestrians per hour during the peak hour of usage for at least two days per week. b. Pedestrian count will be adjusted using a conversion factor of 1.33 for vulnerable populations (children, elderly, and persons with disabilities) - AND – B. Location must be greater than 300 feet from the nearest marked crossing (signal, stop sign or marked crosswalk). The potential location must have at least twenty (20) pedestrians per hour, when applying the conversion factor. In order to determine if a location meets these criteria, staff will complete a pedestrian count during the anticipated peak hours. Pedestrians shall be counted at the candidate location as well as those in the immediate (2 blocks either way) vicinity of the proposed location. Counts older than two years should be re-collected. Page 424 of 427 3 Condition 2: A. Location must be in immediate proximity to a school, hospital, senior center, recreation center, library or park, as determined by the city’s Traffic Engineer. - AND – B. Location must be greater than 300 feet from the nearest marked crossing (signal, stop sign or marked crosswalk). The potential location should be evaluated to determine if it directly serves a school, hospital, senior center, recreation center, library, or park. The city’s Traffic Engineer shall develop a written recommendation to the Director, for each location. Condition 3: A. Location serves an existing multi-use path or trail. The potential location should be evaluated to determine if it directly serves a shared use path or trail. In all cases, AASHTO (American Association of State Highway and Transportation Officials) sight distance requirements must be met before proceeding to install the marked crosswalk. Exceptions: In some cases it may be reasonable to allow exceptions to these Guidelines. A written recommendation of approval from the city’s Traffic Engineer, in conjunction with the Director of Public Works, is required for all exceptions. The city may choose not to install marked crosswalks that have a high cost or are not justified. Page 425 of 427 4 Artistic Crosswalks: Artistic Crosswalks may be considered when designed, installed and maintained in accordance with the following criteria: Design Criteria: Must be at a location where there is already a marked crosswalk and traffic is required to stop because of a STOP sign or traffic signal, or at a location that meets the above criteria for crosswalk installation. Must be on a local or collector street where the speed limit is 30 mph or less; or, for arterials streets where the speed limit is 30 mph or less and only for locations at an existing signalized intersection. Crosswalks must contain two white transverse lines with reflectivity so as to be compliant with minimum crosswalk standards. Artwork must be: o Contained within the two transverse white lines o Shall not contain white, yellow, or red in a way which could be confused as traffic control devices o No logos, text or advertising are allowed o No octagons, triangles or shapes that could be confused with a traffic control device Installation Criteria and Payment: Applicant must agree to pay for all costs to design, install, maintain, and remove the crosswalk, up front. This includes costs for traffic control. The Applicant will coordinate design and submit all necessary information to the City. Upon approval of a successful application and receipt of 100% of the estimated costs for installation and maintenance, the City will install the design, as provided by the Applicant. Epoxy paint and thermoplastic materials shall be used for all installations to ensure a 3-5 year minimum life expectancy. It is possible for volunteer representatives of the applicant to participate in the installation if epoxy paint is used. Children may also participate. The street section must be completely or partially closed off (depending on the size and location of the project), with appropriate barricades, detour signs and/or flaggers provided and paid for by the applicant. The applicant must provide a Certificate of Insurance and all volunteers must sign a waiver. Page 426 of 427 5 Artistic installations shall be kept at a location for the length of time specified in the application, up to three (3) years (installation life). If no other applicants apply for a specific location, the current applicant may apply for another up to three (3) year installation. Additional installation and maintenance fees apply to additional installation periods. If, during the installation life indicated on the application, the maintenance costs exceed the amount of money collected from the applicant, the applicant shall be responsible for providing any additional money needed. As an alternative, the applicant can also decide to terminate the installation life early. Page 427 of 427