HomeMy WebLinkAbout2018-12-03 (Regular) Meeting Agenda Packet
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1000 Englewood Pkwy – Council Chambers
Englewood, CO 80110
AGENDA
City Council Regular Meeting
Monday, December 3, 2018 ♦ 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 November 19, 2018.
City Council Regular - 19 Nov 2018 - Minutes - Pdf
6. Recognition of Scheduled Public Comment Recognition of Scheduled Public Comment The
deadline to sign up to speak for Scheduled Public Comment is Wednesday, prior to the meeting,
through the City Manager’s Office. Only those who meet the deadline can speak in this section.
(This is an opportunity for the public to address City Council. There is an expectation that the
presentation will be conducted in a respectful manner. Council may ask questions for
clarification, but there will not be any dialogue. Please limit your presentation to five minutes.)
Written materials for presentation to Council may be submitted to the City Clerk as the speaker
approaches the podium. A USB port is available for public presentation.
a. Student Art Calendar Recognition
b. Emily Gonzales, an Englewood resident and representative of Friends of Englewood
Parks, will address Council regarding the Englewood parks.
c. Kathleen Bailey, an Englewood resident, will address Council to speak against CB 48 to
allow retail marijuana cultivation within the City of Englewood.
d. JJ Margiotta, an Englewood resident, will address Council.
e. Jerry Walker, an Englewood resident, will address Council regarding decorum.
f. Elaine Hults, an Englewood resident, will address Council.
g. Martin Frazier, an Englewood resident, will address Council regarding ADU'S.
h. Paul Stizinski, an Englewood resident, will address Council regarding ADU's.
i. Steve Muth, an Englewood resident, will address Council regarding ADU'S.
j. Zach Muth, an Englewood resident, will address Council regarding ADU'S.
k. Pamela Beets, an Englewood resident, will address Council regarding growth in her
neighborhood.
l. Kurt Hollberg, and Englewood resident, will address Council regarding Alta-Englewood
Development.
Page 1 of 205
Englewood City Council Regular Agenda
December 3, 2018
Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood
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m. Doug Cohn, an Englewood resident, will address Council regarding historic preservation.
7. Recognition of Unscheduled Public Comment Recognition of Unscheduled Public Comment
Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (This
is an opportunity for the public to address City Council. There is an expectation that the
presentation will be conducted in a respectful manner. Council may ask questions for
clarification, but there will not be any dialogue. Please limit your presentation to three minutes.
Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be
continued to General Discussion.) Written materials for presentation to Council may be
submitted to the City Clerk as the speaker approaches the podium. A USB port is available for
public presentation.
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments
a. Proclamations Declaring December 15, 2018 as Bill of Rights Day in the City of
Englewood.
Bill of Rights Proclamation
9. Consent Agenda Items
a. Approval of Ordinances on First Reading
i. CB 46 - Approve an IGA with Cherry Hills Village for Vehicle Maintenance and
Repair
CB 46 - Approve an IGA with Cherry Hills Village for Vehicle Maintenance and
Repair - Pdf
Staff recommends that Council approve a bill for an Ordinance to approve an
Intergovernmental Agreement with the City of Cherry Hills VIllage for vehicle
maintenance and repair. Staff: Public Works Director Maria D'Andrea.
ii. CB 47 - Approve an IGA with the City of Sheridan for Vehicle Maintenance and
Repair
CB 47 - Approve an IGA with the City of Sheridan for Vehicle Maintenance and
Repair - Pdf
Staff recommends that Council approve a bill for an Ordinance to approve an
Intergovernmental Agreement with the City of Sheridan for vehicle maintenance
and repair. Staff: Public Works Director Maria D'Andrea.
b. Approval of Ordinances on Second Reading.
i. CB 40 - Storm Water Fee Increase
CB 40 - Storm Water Fee Increase - Pdf
Staff recommends that Council approve, by Ordinance, a storm water fee
increase effective January 1, 2019. The fee increase will change the fees for
residential properties from $1.39/month to $4.38/month and commercial
properties from $20.00/month/acre to $40.00/month/acre of impervious area.
Staff: Utilities Director Tom Brennan
Page 2 of 205
Englewood City Council Regular Agenda
December 3, 2018
Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
ii. CB 41 - Wastewater Rate Increase
CB 41 - Wastewater Rate Increase - Pdf
Staff recommends City Council approve, by Ordinance, a seven percent (7%)
rate increase for wastewater utility service, to become effective January 1, 2019.
This increase is anticipated to be in place for 2019 only. Future wastewater rates
will be established following the Cost of Service Study scheduled to be
completed by the end of the second quarter of 2019. Staff: Utilities Director
Tom Brennan
iii. CB 42 - VOCA Grant
CB 42 - Voca Grant - Pdf
The Police Department requests that Council approve, by Ordinance, authorizing
the acceptance of the Victims of Crime Act (VOCA) Grant, which would fund a
Part-Time Victim Advocate. Staff: Victim Witness Services Coordinator Nancy
Wenig
iv. CB 44 - Liquor Code Update
CB 44 - Liquor Code Update - Pdf
Staff request that City Council approve, by Ordinance, updating the City of
Englewood's Municipal Code and bringing it into alignment with State Statutes.
Staff: City Clerk Stephanie Carlile
v. CB 45 - Marijuana Code Update
CB 45 - Marijuana Code Update - Pdf
Staff request City Council approve, by Ordinance, updating the City of
Englewood's Municipal Code and bringing it into alignment with State
Statutes. Staff: City Clerk Stephanie Carlile
c. Resolutions and Motions
10. Public Hearing Items
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading
i. CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program
CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program - Pdf
Staff recommends that City Council authorize the execution of an
Intergovernmental Subgrantee Agreement for the 2018 Arapahoe County
Community Development Block Grant Program between the Arapahoe County
Board of County Commissioners and the City of Englewood. Staff: Planning
Manager Wade Burkholder
ii. CB 2 - Amended Accessory Dwelling Unit (ADU) Ordiannce Second Reading
CB 2 - Accessory Dwelling Unit (ADU) Ordinance Second Reading - Pdf
Community Development Staff recommends an affirmative vote on the Council
amended Planning and Zoning Commission Recommended ADU Ordinance with
Page 3 of 205
Englewood City Council Regular Agenda
December 3, 2018
Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
City Attorney Enforcement Revisions. The City Attorney’s Office has amended
the original Planning and Zoning Commission’s Recommended ADU Ordinance
with City Attorney Enforcement Revisions to reflect Council amendments
approved on First Reading. Staff: Planner II John Voboril
c. Resolutions and Motions
i. OpenGov Software Services Agreement Renewal
OpenGov Software Services Agreement Renewal - Pdf
Staff recommends that City Council approve a three year renewal of the
OpenGov, Inc. Software Services Agreement (2019-2021). The total amount of
the agreement is $28,479.45 ($9,000 per year plus an additional two months to
align with fiscal year dates). The City may terminate the agreement without
penalty in the event of non-appropriation in subsequent budget years. Staff:
Acting Finance and Administrative Services Director Maria Sobota
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 205
MINUTES
City Council Regular Meeting
Monday, November 19, 2018
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 7:07 p.m.
2 Invocation
The invocation was given by Council Member Sierra.
3 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Sierra.
4 Roll Call
COUNCIL PRESENT: Mayor Linda Olson
Mayor Pro Tem Rita Russell
Council Member Othoniel Sierra
Council Member Laurett Barrentine
Council Member Dave Cuesta
Council Member Amy Martinez
Council Member Cheryl Wink
COUNCIL ABSENT: None
STAFF PRESENT: Interim City Manager Hargrove
City Attorney McKenney Brown
Deputy City Clerk McKinnon
Assistant City Clerk Truscott Reed
Director Brennan, Utilities
Facility Services and Maintenance Administrator Long, Parks and Recreation
Planning Manager Burkholder, Community Development
Planner II Voboril, Community Development
Open Space Manager Lee, Parks and Recreation
Victim Witness Services Coordinator Wenig, Police Department
Technical Support Specialist II Munnell, Information Technology
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November 19, 2018
Commander Fender, Police Department
5 Consideration of Minutes of Previous Session
a) Minutes of the Regular City Council Meeting of November 5, 2018.
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF NOVEMBER 5, 2018.
For Against Abstained
Linda Olson x
Rita Russell (Moved By) x
Othoniel Sierra x
Laurett Barrentine (Seconded
By)
x
Dave Cuesta x
Amy Martinez x
Cheryl Wink x
7 0 0
Motion CARRIED.
6 Recognition of Scheduled Public Comment
a) Vicki Hoffmann addressed Council regarding the flood and Council response.
b) Mike Jones, an Englewood resident, addressed Council regarding the
Englewood Environmental Foundation (EEF).
c) Elaine Hults, an Englewood resident, addressed Council regarding a prior
public comment speaker.
Member Wink brought forward a Point of Decorum, Member Martinez
seconded regarding curse words and respect towards Council.
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
Motion to not allow curse words at Council Meetings.
For Against Abstained
Linda Olson x
Rita Russell (Moved By) x
Othoniel Sierra x
Laurett Barrentine (Seconded x
Page 2 of 14
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City Council Regular
November 19, 2018
By)
Dave Cuesta x
Amy Martinez x
Cheryl Wink x
6 1 0
Motion CARRIED.
d) JJ Margiotta, an Englewood resident, addressed Council regarding Mayor
Olson.
e) Doug Cohn, an Englewood resident, addressed Council regarding historic
preservation.
7 Recognition of Unscheduled Public Comment
a) Becky Deed, and Englewood resident, addressed Council regarding the flood.
b) Daren Reid, an Englewood resident, addressed Council regarding the VOCA
Grant (CB 42).
c) Kathleen Bailey, an Englewood resident, addressed Council regarding the
Retail Marijuana Cultivation Ordinance (CB 48).
d) Geoff Frazier, an Englewood resident, addressed Council regarding Council
and decorum.
e) Martin Frazier, an Englewood resident, addressed Council regarding
Accessory Dwelling Unit (ADU's or CB 2).
f) Sara Harkness, an Englewood resident, addressed Council regarding Council
and decorum.
g) Steven Ward, an Englewood resident, addressed Council regarding Council
decorum, and powers and duties of Council.
h) Cynthia Searfoss, an Englewood resident, addressed Council regarding
Accessory Dwelling Unit (ADU's or CB 2).
Council Responded to Public Comment
Moved by Council Member Linda Olson
Seconded by Council Member Amy Martinez
Motion to recess for a break.
For Against Abstained
Linda Olson (Moved By) x
Rita Russell x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
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City Council Regular
November 19, 2018
Amy Martinez (Seconded By) x
Cheryl Wink x
7 0 0
Motion CARRIED.
The meeting recessed at 8:37 p.m. for a break.
The meeting reconvened at 8:47 p.m. with all Council Members present.
8 Communications, Proclamations, and Appointments
a) Declaring Shop Englewood – Small Business Saturday, November 24, 2018 in
the City of Englewood.
Moved by Council Member Amy Martinez
Seconded by Council Member Rita Russell
To approve a Proclamation Declaring Small Business Saturday, November 24,
2018 in the City of Englewood
For Against Abstained
Linda Olson x
Rita Russell (Seconded By) x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez (Moved By) x
Cheryl Wink x
7 0 0
Motion CARRIED.
9 Consent Agenda Items
Moved by Council Member Martinez seconded by Council Member Wink to approve
Consent Agenda Items 9 (a)(iii-iv) and 9 (b)(i-iv).
Member Cuesta removed Agenda item 9(a)(i) from the Consent Agenda.
Member Barrentine removed Agenda item 9(a)(ii) from the Consent Agenda.
Member Russell removed Agenda item 9(c)(i) from the Consent Agenda.
a) Approval of Ordinances on First Reading
i) CB 42 - VOCA Grant
[Clerks note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
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Moved by Council Member Laurett Barrentine
Seconded by Council Member Rita Russell
COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER
BARRENTINE
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT FOR AN APPLICATION FOR A CRIME VICTIM
ASSISTANCE SERVICES (CVS) GRANT FROM THE COLORADO
DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL
JUSTICE FOR A PART TIME VICTIM ADVOCATE
For Against Abstained
Linda Olson x
Rita Russell (Seconded By) x
Othoniel Sierra x
Laurett Barrentine (Moved By) x
Dave Cuesta x
Amy Martinez x
Cheryl Wink x
7 0 0
Motion CARRIED
ii) CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG
Program
[Clerks note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
Moved by Council Member Othoniel Sierra
Seconded by Council Member Amy Martinez
COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER SIERRA
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A
2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS
AND THE CITY OF ENGLEWOOD, COLORADO.
For Against Abstained
Linda Olson x
Rita Russell x
Othoniel Sierra (Moved By) x
Laurett Barrentine x
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City Council Regular
November 19, 2018
Dave Cuesta x
Amy Martinez (Seconded By) x
Cheryl Wink x
5 2 0
Motion CARRIED
iii) CB 44 - Liquor Code Update
COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER
MARTINEZ.
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, INCLUDING
SECTIONS 1 AND 2 OF CHAPTER 3, SECTIONS 1, 3, 5, AND 8 OF
ARTICLE A, SECTIONS 2, 10, AND 11 OF ARTICLE B, AND
SECTIONS 1, 3, 5, OF ARTICLE C, ALL OF THE ENGLEWOOD
MUNICIPAL CODE 2000, TO REMOVE STATUTORY CITATIONS TO
SUPERSEDED STATUTES AND INSERT STATUTORY CITATIONS
TO CURRENT STATUTES.
iv) CB 45 - Marijuana Code Update
COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER
MARTINEZ.
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3E, SECTIONS ALL
OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO REMOVE
STATUTORY CITATIONS TO SUPERSEDED STATUTES AND
INSERT STATUTORY CITATIONS TO CURRENT STATUTES.
b) Approval of Ordinances on Second Reading.
i) CB 36 - Arapahoe County Combined RMS IGA
ORDINANCE NO. 29, SERIES OF 2018 (COUNCIL BILL NO. 36,
INTRODUCED BY COUNCIL MEMBER MARTINEZ)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT AMONG THE COLORADO CITIES OF CHERRY HILLS
VILLAGE, ENGLEWOOD, GREENWOOD VILLAGE, LITTLETON,
SHERIDAN, AND SOUTH METRO FIRE RESCUE DISTRICT AND
ARAPAHOE COUNTY FOR THE ARAPAHOE COUNTY COMBINED
RECORDS MANAGEMENT SYSTEM
ii) CB 37 - IGA Between the City of Englewood/Englewood McLellan
Reservoir Foundation and Douglas County
ORDINANCE NO. 30, SERIES OF 2018 (COUNCIL BILL NO. 37,
INTRODUCED BY COUNCIL MEMBER RUSSELL)
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City Council Regular
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AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF DOUGLAS AND THE CITY
OF ENGLEWOOD/ENGLEWOOD McCLELLAN RESERVOIR
FOUNDATION
iii) CB 38 - Storm Water Code Update Ordinance
ORDINANCE NO. 31, SERIES OF 2018 (COUNCIL BILL NO. 38,
INTRODUCED BY COUNCIL MEMBER WINK)
AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, SECTION 4 OF
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING STORM
WATER UTILITY AND ENTERPRISE FUND USER FEES.
iv) CB 39 - Waste Water Code Update (Sewer)
ORDINANCE NO. 32, SERIES OF 2018 (COUNCIL BILL NO. 39,
INTRODUCED BY COUNCIL MEMBER WINK)
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3,
SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000
REGARDING WASTEWATER FEES AND CHARGES.
c) Resolutions and Motions
i) Restoration of the Golf Course Maintenance Building
[Clerks note: This agenda item was removed from the Consent
Agenda Motion and considered independently.]
Moved by Council Member Cheryl Wink
Seconded by Council Member Rita Russell
Approval of a contract with KC Construction Inc., in the amount of
$37,221 for the restoration of the Golf Maintenance Building to it's
designed operational condition.
For Against Abstained
Linda Olson x
Rita Russell (Seconded By) x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez x
Cheryl Wink (Moved By) x
7 0 0
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City Council Regular
November 19, 2018
Motion CARRIED.
Moved by Council Member Amy Martinez
Seconded by Council Member Cheryl Wink
Motion to approve Consent Agenda Items 9 (a)(iii-iv) and 9 (b)(i-iv).
For Against Abstained
Linda Olson x
Rita Russell x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez (Moved By) x
Cheryl Wink (Seconded By) x
7 0 0
Motion CARRIED.
10 Public Hearing Items
No public hearing was scheduled before Council.
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
i) CB 40 - Storm Water Fee Increase
Moved by Council Member Rita Russell
Seconded by Council Member Amy Martinez
COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER
AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND
ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12,
CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
For Against Abstained
Rita Russell (Moved By) x
Amy Martinez (Seconded By) x
Linda Olson x
Othoniel Sierra x
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City Council Regular
November 19, 2018
Laurett Barrentine x
Dave Cuesta x
Cheryl Wink x
7 0 0
Motion CARRIED.
ii) CB 41 - Wastewater Rate Increase
Moved by Council Member Amy Martinez
Seconded by Council Member Cheryl Wink
COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER
MARTINEZ.
AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE
WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE
ENGLEWOOD MUNICIPAL CODE 2000.
For Against Abstained
Linda Olson x
Rita Russell x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez (Moved By) x
Cheryl Wink (Seconded By) x
5 2 0
Motion CARRIED.
iii) CB 48 - Retail Cultivation Ordinance
Moved by Council Member Amy Martinez
Seconded by Council Member Laurett Barrentine
Motion to table Agenda item 11 (a)(iii) to no later than December 17,
2018.
Council Member Cuesta recused himself from the vote. Member Cuesta
stated he has no interest, membership or ownership in the marijuana
industry. He didn't want the perception that this could be a conflict of
interest due the fact he works in the industry.
For Against Abstained
Linda Olson x
Rita Russell x
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City Council Regular
November 19, 2018
Othoniel Sierra x
Laurett Barrentine (Seconded
By)
x
Amy Martinez (Moved By) x
Cheryl Wink x
6 0 0
Motion TABLED.
iv) CB 2 - Accessory Dwelling Unit (ADU) Ordinance First Reading
Moved by Council Member Othoniel Sierra
Seconded by Council Member Amy Martinez
MOTION TO AMEND COUNCIL BILL NO. 2 BY ADDING OPTION #2.
(AMEND SECTION 2, PARAGRAPH 7, LETTER G, THROUGH THE
ADDITION OF (5), READING AS FOLLOWS: CORPORATION AND
FOR PROFIT BUSINESS PARTNERSHIP PROHIBITIONS.
CORPORATIONS AND FOR PROFIT BUSINESS PARTNERSHIPS ARE
PROHIBITED FROM CONSTRUCTING ACCESSORY DWELLING
UNITS ON CORPORATE OR BUSINESS PARTNERSHIP OWNED
PROPERTIES. CORPORATIONS AND BUSINESS PARTNERSHIPS
ARE PROHIBITED FROM SEPARATELY RENTING A PRE-EXISTING
ACCESSORY DWELLING UNIT STRUCTURE CONSTRUCTED AFTER
2018 TO A SEPARATE PARTY AS A SEPARATE UNIT FROM THE
PRINCIPAL STRUCTURE.)
For Against Abstained
Linda Olson x
Rita Russell x
Othoniel Sierra (Moved By) x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez (Seconded By) x
Cheryl Wink x
7 0 0
Motion CARRIED.
Moved by Council Member Laurett Barrentine
Seconded by Council Member Rita Russell
MOTION TO AMEND CB NO 2 BY ADDING OPTION #3. (AMEND
SECTION 1, PARAGRAPH C, TABLE 16-5-1.1 "TABLE OF ALLOWED
USES", ACCESSORY USES SECTION, HOUSEHOLD LIVING,
ACCESSORY DWELLING UNIT, STRIKING THE LETTER "A" FROM
THE R-2-B, R-2-A, AND R-1-C COLUMNS.)
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November 19, 2018
For Against Abstained
Linda Olson x
Rita Russell (Seconded By) x
Othoniel Sierra x
Laurett Barrentine (Moved By) x
Dave Cuesta x
Amy Martinez x
Cheryl Wink x
4 3 0
Motion CARRIED.
Moved by Council Member Cheryl Wink
Seconded by Council Member Amy Martinez
MOTION TO AMEND COUNCIL BILL NO. 2, ADDING OPTION 2 AND
OPTION 3, INTRODUCED BY COUNCIL MEMBER WINK.
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE,
TITLE 16, CHAPTERS 5 AND 6 OF THE ENGLEWOOD MUNICIPAL
CODE 2000, RELATING TO ALTERNATIVE DWELLING UNITS.
OPTION 2 - AMEND SECTION 2, PARAGRAPH 7, LETTER G,
THROUGH THE ADDITION OF (5), READING AS FOLLOWS:
CORPORATION AND FOR PROFIT BUSINESS PARTNERSHIP
PROHIBITIONS. CORPORATIONS AND FOR PROFIT BUSINESS
PARTNERSHIPS ARE PROHIBITED FROM CONSTRUCTING
ACCESSORY DWELLING UNITS ON CORPORATE OR BUSINESS
PARTNERSHIP OWNED PROPERTIES. CORPORATIONS AND
BUSINESS PARTNERSHIPS ARE PROHIBITED FROM SEPARATELY
RENTING A PRE-EXISTING ACCESSORY DWELLING UNIT
STRUCTURE CONSTRUCTED AFTER 2018 TO A SEPARATE PARTY
AS A SEPARATE UNIT FROM THE PRINCIPAL STRUCTURE.
OPTION 3 - AMEND SECTION 1, PARAGRAPH C, TABLE 16-5-1.1
"TABLE OF ALLOWED USES", ACCESSORY USES SECTION,
HOUSEHOLD LIVING, ACCESSORY DWELLING UNIT, STRIKING THE
LETTER "A" FROM THE R-2-B, R-2-A, AND R-1-C COLUMNS.
For Against Abstained
Amy Martinez (Seconded By) x
Cheryl Wink (Moved By) x
Linda Olson x
Rita Russell x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
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City Council Regular
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4 3 0
Motion CARRIED.
b) Approval of Ordinances on Second Reading
There were no additional Ordinances on Second Reading (See Agenda items
9 (b)(i-iv).)
c) Resolutions and Motions
i) Romans Park Tennis Courts and Playground Design Services
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
Approval of a Professional Services Agreement with Goodbee &
Associates, Inc. not to exceed $31,800.57 for design services for Romans
Park Tennis Courts and Playground.
For Against Abstained
Linda Olson x
Rita Russell (Moved By) x
Othoniel Sierra x
Laurett Barrentine (Seconded
By)
x
Dave Cuesta x
Amy Martinez x
Cheryl Wink x
7 0 0
Motion CARRIED.
ii) Resolution Supporting the Englewood Light Rail Corridor FY 2019 Next
Steps Study Application for DRCOG FY 2019 Station Area Master Plan
and Urban Center Studies Planning Grant Funding
Moved by Council Member Cheryl Wink
Seconded by Council Member Othoniel Sierra
RESOLUTION NO. 24, SERIES OF 2018
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD,
COLORADO, TO FILE AN APPLICATION WITH THE DENVER
REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) FOR FISCAL
YEAR 2019 DRCOG TRANSPORTATION IMPROVEMENT PROGRAM
(TIP), SURFACE TRANSPORTATION BLOCK GRANT
Page 12 of 14
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City Council Regular
November 19, 2018
For Against Abstained
Linda Olson x
Rita Russell x
Othoniel Sierra (Seconded By) x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez x
Cheryl Wink (Moved By) x
7 0 0
Motion CARRIED.
iii) Appoint an Interim City Manager - Resolution
Moved by Council Member Rita Russell
Seconded by Council Member Cheryl Wink
RESOLUTION NO. 25, SERIES OF 2018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH DOROTHY HARGROVE FOR
PROVISION OF INTERIM CITY MANAGEMENT SERVICES TO THE
CITY OF ENGLEWOOD.
For Against Abstained
Linda Olson x
Rita Russell (Moved By) x
Othoniel Sierra x
Laurett Barrentine x
Dave Cuesta x
Amy Martinez x
Cheryl Wink (Seconded By) x
7 0 0
Motion CARRIED.
12 General Discussion
a) Mayor's Choice
b) Council Members' Choice
13 City Manager’s Report
Page 13 of 14
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November 19, 2018
14 City Attorney’s Report
15 Adjournment
MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 11:19 p.m.
Deputy City Clerk
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P R O C L A M A T I O N
Declaring December 15, 2018 as Bill of Rights Day in the City of Englewood
WHEREAS, the first ten Amendments to the Constitution of the United States of America, known
as the Bill of Rights, were ratified on December 15, 1791; and
WHEREAS, December 15, 2018 marks the two hundred and twenty-seventh anniversary of the
ratification of the Bill of Rights to the United States Constitution; and
WHEREAS, the Bill of Rights recognizes, affirms and protects fundamental human and civil rights
for which persons of all races have struggled for thousands of years; and
WHEREAS, the Bill of Rights is the foundation of American liberty, securing our most fundamental
rights including the freedom to speak, assemble, and practice our faith as we please; and
WHEREAS, to preserve the rights and freedoms secured by the Bill of Rights, our forefathers, and
hundreds of thousands of men and women serving with police agencies and the Armed Forces of the
United States, have sacrificed, suffered and died; and
WHEREAS, the rights and freedoms guaranteed by the Bill of Rights deserve perennial
celebration and the sacrifices made to protect the Bill of Rights deserve eternal remembrance; and
WHEREAS, to commemorate the Bill of Rights with a special day honoring the fundamental rights
it enshrines and the sacrifices made to create and preserve these rights, and proclaims these rights
to the citizens of the Englewood, to this Nation, and to the World.
NOW THEREFORE, I, Linda Olson, Mayor of the City of Englewood, Colorado, hereby proclaims
December 15th, 2018 as:
BILL OF RIGHTS DAY
and urge all citizens of Englewood, Colorado, to observe Bill of Rights Day in a manner that brings to
mind the meaning and importance of each of the Ten Amendments contained in the Bill of Rights.
GIVEN under my hand and seal this 3rd day of December, 2018.
Linda Olson, Mayor
Page 19 of 205
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Maria DAndrea
DEPARTMENT: Public Works
DATE: December 3, 2018
SUBJECT:
CB 46 - Approve an IGA with Cherry Hills Village for Vehicle
Maintenance and Repair
DESCRIPTION:
CB 46 - Approve an IGA with Cherry Hills Village for Vehicle Maintenance and Repair
RECOMMENDATION:
Staff recommends that Council approve a bill for an Ordinance to approve an Intergovernmental
Agreement with the City of Cherry Hills VIllage for vehicle maintenance and repair.
PREVIOUS COUNCIL ACTION:
On August 19, 2014, the Englewood City Council approved an Intergovernmental Agreement
(IGA) with the City of Cherry Hills Village for vehicle maintenance and repair for the period of
June 1, 2014, through May 31, 2015. The IGA provided for an initial one-year term with the
option to extend the agreement for up to three additional one (1) year periods.
SUMMARY:
A new IGA has been developed and approved by the city of Cherry Hills Village which will run
from October 17, 2018 through December 31, 2019, with three, one-year extensions. A new
hourly rate of $96.29 is being proposed. The IGA benefits both parties by providing combined
services in a cost-effective manner.
ANALYSIS:
The city of Englewood began servicing the city of Cherry Hills Village's vehicles in 2002. Cherry
Hills Village currently has approximately 64 vehicles being serviced. The existing IGA expired
on May 31, 2018. A new IGA has been developed which will run from October 17, 2018 through
December 31, 2019. Cherry Hills Village approved the IGA at their October 16, 2018 City
Council meeting.
Staff has analyzed the costs of service and is recommending an increase in the hourly service
rate from $78.00 per hour to $96.29 per hour. Current vehicle labor rates range from $135 to
$155 per hour. So, while this is a substantial increase, the new rate is very competitive while still
providing quality service. Any parts or outside vendor charges will continue to receive a 30%
handling fee.
FINANCIAL IMPLICATIONS:
Page 20 of 205
This change will generate revenue of approximately $48,000 annually for Englewood and
represents an anticipated increase of $9,778.00 to Cherry Hills Village over their 2017 costs.
Going forward, rates will be evaluated and adjusted annually, as appropriate.
ALTERNATIVES:
If Englewood chooses not to approve the IGA, the city of Cherry Hills Village will need to find
alternate vehicle maintenance & repair services and Englewood would need to lay off at least
one Fleet Technician.
CONCLUSION:
Staff recommends approving the Ordinance on first reading.
ATTACHMENTS:
Council Bill 46
Intergovernmental Agreement
Page 21 of 205
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 46
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER ______________
A BILL FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY
HILLS VILLAGE, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL
PROVIDE THE CITY OF CHERRY HILLS VILLAGE WITH VEHICLE
MAINTENANCE.
WHEREAS, since 1992 the City of Englewood has serviced vehicles for other governmental
entities;
WHEREAS, the City of Englewood and the City of Cherry Hills Village entered into an
intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle
maintenance by the passage of Ordinance No. 9, Series of 2003 and Ordinance No. 21, Series of
2008;
WHEREAS, the City of Englewood and the City of Cherry Hills Village entered into an
intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle
maintenance by the passage of Ordinance No. 48, Series of 2014;
WHEREAS, the Contract authorized the extension of the services for three additional one year
periods to be negotiated by the City Manager or his designee;
WHEREAS, the City of Englewood and the City of Cherry Hills Village desire to continue such
agreement whereby Englewood shall provide the City of Cherry Hills Village with maintenance of
their vehicles; and
WHEREAS, the passage of this proposed Ordinance authorizes an Intergovernmental
Agreement between Englewood and the City of Cherry Hills Village for maintenance of their
vehicles for a one year period and includes a provision for an extension of services for three
additional one year periods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The intergovernmental agreement between the City of Cherry Hills Village,
Colorado, and the City of Englewood, Colorado, for vehicle maintenance, attached as “Exhibit A”,
is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood, Colorado.
Page 22 of 205
Section 3. The City Manager is authorized to negotiate and sign and the City Clerk to attest and
seal any extensions of this Contract for three additional one year periods for and on behalf of the
City of Englewood, Colorado;
Introduced, read in full, and passed on first reading on the 3rd day of December, 2018.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th
day of December, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 5th
day of December, 2018 for thirty (30) days.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on
first reading on the 3rd day of December, 2018.
Stephanie Carlile
Page 23 of 205
Page 24 of 205
Page 25 of 205
Page 26 of 205
Page 27 of 205
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Maria DAndrea
DEPARTMENT: Public Works
DATE: December 3, 2018
SUBJECT:
CB 47 - Approve an IGA with the City of Sheridan for Vehicle
Maintenance and Repair
DESCRIPTION:
CB 47 - Approve an IGA with the City of Sheridan for Vehicle Maintenance and Repair
RECOMMENDATION:
Staff recommends that Council approve a bill for an Ordinance to approve an Intergovernmental
Agreement with the City of Sheridan for vehicle maintenance and repair.
PREVIOUS COUNCIL ACTION:
On August 8, 2014, the Englewood City Council approved an Intergovernmental Agreement
(IGA) with the City of Sheridan for vehicle maintenance and repair for the period of June 1,
2014, through May 31, 2015. The IGA provided for an initial one-year term with the option to
extend the agreement for up to three additional one (1) year periods.
SUMMARY:
A new IGA has been developed and approved by the city of Sheridan which will run from June
1, 2018 through May 31, 2019, with three, one-year extensions. A new hourly rate of $96.29 is
being proposed. The IGA benefits both parties by providing combined services in a cost-
effective manner.
ANALYSIS:
The city of Englewood began servicing the city of Sheridan's vehicles in 2005. Sheridan
currently has approximately 41 vehicles, of which 15 are police vehicles. The existing IGA
expired on May 31, 2018. A new IGA has been developed which will run from June 1, 2018
through May 31, 2019. Sheridan approved the IGA at their August 27, 2018 City Council
meeting,
Staff has analyzed the costs of service and is recommending an increase in the hourly service
rate from $78.00 per hour to $96.29 per hour. Current vehicle labor rates range from $135 to
$155 per hour. So, while this is a substantial increase, the new rate is very competitive while still
providing quality service. Any parts or outside vendor charges will continue to receive a 30%
handling fee.
FINANCIAL IMPLICATIONS:
This change will generate revenue of approximately $58,000 annually for Englewood and
represents an anticipated increase of $7,848.00 to Sheridan over their 2017 costs.
Page 28 of 205
Going forward, rates will be evaluated and adjusted annually, as appropriate.
ALTERNATIVES:
If Englewood chooses not to approve the IGA, the city of Sheridan will need to find alternate
vehicle maintenance & repair services and Englewood would need to lay off at least one Fleet
Technician.
CONCLUSION:
Staff recommends approving the Ordinance on first reading.
ATTACHMENTS:
Council Bill 47
Intergovernmental Agreement
Page 29 of 205
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 47
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER _____________
A BILL FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF
SHERIDAN, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE
THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE.
WHEREAS, since 1992 the City of Englewood has serviced vehicles for other governmental
entities;
WHEREAS, the City of Englewood and the City of Sheridan entered into an intergovernmental
agreement whereby Englewood provided Sheridan with vehicle maintenance by the passage of
Ordinance No. 3, Series of 2004/2005 and Ordinance No. 10, Series of 2010;
WHEREAS, the City of Englewood and the City of Sheridan entered into an intergovernmental
agreement whereby Englewood provided Sheridan with vehicle maintenance by the passage of
Ordinance No. 49, Series of 2014;
WHEREAS, the Contract authorized the extension of the services for three additional one year
periods to be negotiated by the City Manager or his designee;
WHEREAS, the City of Englewood and the City of Sheridan desire to continue such agreement
whereby Englewood shall provide the City of Sheridan with maintenance of their vehicles; and
WHEREAS, the passage of this proposed Ordinance authorizes an Intergovernmental
Agreement between Englewood and the City of Sheridan for maintenance of their vehicles for a
one year period and includes a provision for an extension of services for three additional one year
periods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The intergovernmental agreement between the City of Sheridan, Colorado, and the
City of Englewood, Colorado, for vehicle maintenance, attached as “Exhibit A”, is hereby accepted
and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
intergovernmental Agreement for and on behalf of the City of Englewood, Colorado.
Section 3. The City Manager is authorized to negotiate and sign and the City Clerk to attest and
seal any extensions of this Contract for three additional one year periods for and on behalf of the
City of Englewood, Colorado;
Page 30 of 205
Introduced, read in full, and passed on first reading on the 3rd day of December,
2018.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 6th
day of December, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 5th
day of December, 2018 for thirty (30) days.
.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first
reading on the 3rd day of December, 2018.
Stephanie Carlile
Page 31 of 205
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Page 34 of 205
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tom Brennan
DEPARTMENT: Utilities
DATE: December 3, 2018
SUBJECT: CB 40 - Storm Water Fee Increase
DESCRIPTION:
CB 40 - Storm Water Fee Increase
RECOMMENDATION:
Staff recommends that Council approve, by ordinance, a storm water fee increase effective
January 1, 2019. The fee increase will change the fees for residential properties from
$1.39/month to $4.38/month and commercial properties from $20.00/month/acre to
$40.00/month/acre of impervious area
PREVIOUS COUNCIL ACTION:
August 16, 2018 City Council discussed the city's July 24, 2018 Storm Response.
September 17, 2018 City Council awarded a professional services contract to Calibre
Engineering for a Storm Water Analysis and Alternatives Feasilbility Study.
SUMMARY:
The Storm Water fee increase is estimated to will generate an additional $350,000.00 annually.
This increase will fund expanded storm drain maintenance and the Storm Water Analysis and
Alternatives Feasibility Study. The increase will also build funding to cover expenses identified
from the study.
ANALYSIS:
The city collects a fee for storm water from all properties. Currently, the fees are $16.64 per
year for residential property and $0.00554 per square foot of impervious area (rooftops, parking
lots, etc.) for commercial properties. In 2017, the collected fees were $405,824.00 with
expenditures of $397,714.00. This fee increase will enable the city to be more proactive in
addressing storm water issues.
FINANCIAL IMPLICATIONS:
The estimated December 31, 2018 Storm Water Fund balance is $703,330.00. This fee
increase is estimated to generated $350,000.00. Future fee increases will be based on study
results.
ALTERNATIVES:
Do nothing and leave fees as they currently exist.
Page 35 of 205
CONCLUSION:
Staff recommends this fee increase to fund increased maintenance, complete the study, and
start building funds to cover expenses identified from the study.
ATTACHMENTS:
Council Bill 40
Fund 42 Budget Performance
Page 36 of 205
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 40
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND
ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12,
CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the collection
of a storm drainage service charge for those purposes set forth within Section 4(B);
WHEREAS, Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code
provides that the Englewood City Council shall establish by ordinance those charges set forth within
the storm water utility and enterprise fund for storm drainage service, with such charges maintained within
the City’s Rate and Fee Schedule.; and
WHEREAS, Title 12, Chapter 5, Section 8 of the Englewood Municipal Code reminds all
property owners that floods from storm water runoff may occasionally occur which exceed the
capacity of storm water facilities constructed and maintained by funds made available under that
Chapter, and that property liable for the fees and charges established by that Chapter will not
always be free from flooding or flood damage.
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 storm water utility and enterprise fund fees in accordance with Title 12, Chapter 5,
Section 4, Subsection E of the Englewood Municipal Code 2000 to become effective January 1,
2019:
STORMWATER FEE BILLING CYCLE
Residential = $13.16 Quarterly
Commercial = $0.0110 per square
foot of impervious surface Annual
Page 37 of 205
2
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 5, Section 6, sets forth enforcement measures for failure to pay the assessed storm water fees,
including imposing a lien upon property for nonpayment. E.M.C. Title 12, Chapter 5, Section 6, sets forth
enforcement measures for failure to pay the assessed storm water utility and enterprise fund fees, including
placing a lien upon the billed property.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for the health,
safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 19th day of November, 2018.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of
November, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of
November, 2018.
Read by Title and passed on final reading on the 3rd day of December, 2018.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 6th
day of December, 2018.
Published by title on the City’s official website beginning on the 5th day of December, 2018 for thirty
(30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
Page 38 of 205
3
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 2018.
Stephanie Carlile
Page 39 of 205
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Tom Brennan
DEPARTMENT: Utilities
DATE: December 3, 2018
SUBJECT: CB 41 - Wastewater Rate Increase
DESCRIPTION:
CB 41 - Wastewater Rate Increase
RECOMMENDATION:
Staff recommends City Council approve, by Ordinance, a seven percent (7%) rate increase for
wastewater utility service, to become effective January 1, 2019. This increase is anticipated to
be in place for 2019 only. Future wastewater rates will be established following the Cost of
Service Study scheduled to be completed by the end of the second quarter of 2019.
PREVIOUS COUNCIL ACTION:
June 11, 2018 - Staff provided a 2019 Operating Budget Overview to Council
August 6, 2018 - Staff provided an overview of the proposed 2019 Capital Budget.
August 27, 2018 - Council was provided with the proposed 2019 Operating Program Overview.
September 17, 2018 - Council was presented proposed 2019 Budget.
SUMMARY:
The 2019 Proposed South Platte Water Renewal Partners (SPWRP) Budget is the beginning of
a phase in the facility's life that will require $70M over the next five years to meet permit-driven
treatment requirements as well as facility rehabilitation and replacement needs. The new
discharge permit issued by the Colorado Department of Health and Environment includes a
compliance schedule that begins in 2023. This deadline, coupled with the required time needed
for facility planning, design and construction, make it imperative the city begin securing needed
funding.
ANALYSIS:
The Proposed SPWRP Budget for 2019, represents an increase of $2,089,584 over the 2018
Adopted SPWRP Budget. The City of Englewood is responsible for approximately one-half of
the total budget. Increases have come from cost centers including:
- Permit-driven capital needed in order to develop, design and pilot-test facilities necessary to
comply with compliance schedules contained in the recently issued wastewater
discharge permit.
- Aging infrastructure and deferred maintenance necessitated a need for increased capital as
well as the need for more aggressive repair and maintenance programs.
- Workforce optimization such as investments in new programs, equipment and organizational.
initiatives that increase production, efficiency and effectiveness of operations.
Page 40 of 205
FINANCIAL IMPLICATIONS:
Sanitary Sewer costs have been held flat since 2015. The City of Littleton and the sanitation
districts fund approximately eighty eight (88%) of the plant's cost. This seven percentage (7%)
rate increase will generate approximately $1.1M.
ALTERNATIVES:
None
CONCLUSION:
Deferred maintenance and regulatory requirements are necessitated the need for additional
funding. This rate increase will begin securing needed funding.
ATTACHMENTS:
Council Bill 41
Fund 41 Budget Performance
Page 41 of 205
Page 1 of 5
BY AUTHORITY
ORDINANCE NO. _____ COUNCIL BILL NO. 41
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER MARTINEZ
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 waste water
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 early 2019 to determine if current
rates and fees are appropriate and applicable to the anticipated increased costs of providing
waste water services within the City of Englewood and to the connector districts; and
WHEREAS, the City of Englewood has determined that a seven percent (7%) increase
in sewer rates may serve as a temporary increase pending the outcome of the
comprehensive cost of services analysis.
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, 2019:
Sewage Treatment Charge per 1,000 gallons $3.0383
Collection System Charge per 1,000 gallons $0.4046
Total: $3.4429
Page 42 of 205
Page 2 of 5
Customer
Class
In City
Sewer
Billed Quarterly
$3.4429
In City
District Sewer
Billed Quarterly
$3.0383
In City Sewer
District Water
Billed Annually
$21.6903
Flat
Rate Min. Flat
Rate Min. Rate
Single
Family
Dwelling
$72.44 $65.89 $63.92 $58.09 $263.58
Multi
Family
Per Unit
$44.87 $40.85
$39.59
$35.99
$163.39
Mobile
Home
Per Unit
$27.63 $25.10
$24.36
$22.19
$100.38
5/8 " $99.79 $90.91 $88.21 $80.22 $363.64
¾" $151.54 $137.88 $133.74 $121.75 $551.54
1" $251.27 $228.58 $221.89 $201.92 $914.33
1½" $502.47 $457.30 $443.53 $403.63 $1,829.20
2" $805.39 $733.02 $710.91 $646.87 $2,932.08
3" $1,607.50 $1,462.76 $1,418.85 $1,291.00 $5,851.00
4" $2,512.60 $2,286.62 $2,217.69 $2,018.15 $9,146.42
6" $5,025.33 $4,573.13 $4,435.28 $4,036.05 $18,292.53
8" $7,984.99 $7,266.35 $7,026.75 $6,394.24 $29,065.40
10" $11,478.47 $10,445.50 $10,101.24 $9,191.94 $41,782.03
Page 43 of 205
Page 3 of 5
Customer
Class
Outside City
District Sewer
Billed Quarterly
$3.0383
Outside City District
Sewer Billed Annually
$19.1411
Sheridan
Sanitation
District #1
Charges
Southgate
Sanitation
District Charges
Flat
Rate Min. Flat
Rate Min.
Single
Family
Dwelling
$67.01 $61.02 $267.76 $243.82 $20.00
Multi
Family
Per Unit
$41.59 $37.78 $166.23 $150.97
Mobile
Home
Per Unit
$25.62 $23.28 $102.35 $92.90 $15 (each unit)
5/8 " $92.55 $84.23 $370.07 $336.72 $36.60
¾" $140.45 $127.74 $561.66 $510.82 $20.00
(Business) $36.60
1" $232.93 $211.91 $931.64 $847.49 $40.00
(Business) $73.20
1½" $465.86 $423.77 $1,863.25 $1,694.93 $146.40
2" $746.47 $679.36 $2,985.66 $2,717.22 $292.80
3" $1,489.58 $1,355.72 $5,958.20 $5,422.74 $658.80
4" $2,328.52 $2,119.00 $9,313.86 $8,475.85 $1,317.60
6" $4,657.13 $4,237.93 $18,628.32 $16,951.63 $3,440.40
8" $7,400.24 $6,734.36 $29,601.23 $26,937.06
10" $10,637.93 $9,680.74 $42,551.99 $38,722.20
Page 44 of 205
Page 4 of 5
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.
Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it
is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 19th day of November,
2018.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
22nd day of November, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the
21st day of November, 2018.
Read by Title and passed on final reading on the 3rd day of December, 2018.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of
2018, on the 6th day of December, 2018.
Published by title on the City’s official website beginning on the 5th day of
December, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Page 45 of 205
Page 5 of 5
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 2018.
Stephanie Carlile
Page 46 of 205
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Page 48 of 205
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Nancy Wenig
DEPARTMENT: Police
DATE: December 3, 2018
SUBJECT: CB 42 - VOCA Grant
DESCRIPTION:
CB 42 - VOCA Grant
RECOMMENDATION:
The Police Department requests that Council approve an Ordinance authorizing the acceptance
of the Victims of Crime Act (VOCA) Grant, which would fund a Part-Time Victim Advocate.
PREVIOUS COUNCIL ACTION:
Englewood City Council authorized the Englewood Police Department to apply for funding under
the CVS Grants Program to be used for funding a part time Victim Advocate by the passage of
Resolution No. 13, Series of 2018
SUMMARY:
Englewood Victim Assistance provides direct services to victims of crime and traumatic events.
Advocates respond to assist victims with their emotional and physical needs, aid in the criminal
justice process, and provide referrals to community agencies to help bridge the gap and allow
recovery from crime. Advocates implement Rights afforded to crime victims pursuant to section
24-4.1-302.5 of the Colorado Revised Statutes. The Police Department has historically
employed two full-time Advocates to meet this need. One Advocate works in the Municipal
Court to provide services to victims of domestic violence. That position utilizes Victims in Law
Enforcement (VALE) Grant funding for approximately 30% of the salary. Over the past several
years, Victim Assistance has experienced a decline in our volunteer force, an increased call
load, and an increase in felonious assaults. Due to these factors, we require more staffing to
meet the need of the community and to remain compliant with the Victim Rights Act. The
acceptance of the VOCA Grant would allow the hiring of a part-time Advocate to meet the needs
of the community. The part-time Advocate would work some nights and weekends to provide
professional and compassionate Advocacy in the place of some volunteer hours.
FINANCIAL IMPLICATIONS:
The City would receive funding in the amount of $47,850.00 for the two-year salary a part-time
Victim Advocate. The Grant will also provide $3000.00 for conference registration for two
Advocates to attend the Colorado Organization for Victim Assistance (COVA) Conference for
two years. As part of the requirement for the Grant, the Police Department will need to provide
an In-Kind match in the amount of $12,713.00, which will be met with on-call volunteer hours
valued at $10.00 per hour. Englewood's share has been budgeted under the volunteer pay
Page 49 of 205
hours. The City would pay the salary and then get reimbursed by VOCA through Electronic
Funds Transfer.
ATTACHMENTS:
Council Bill 42
Page 50 of 205
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 42
SERIES 2018 INTRODUCED BY COUNCIL
MEMBER BARRENTINE
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR AN
APPLICATION FOR A CRIME VICTIM ASSISTANCE SERVICES (CVS) GRANT FROM
THE COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL
JUSTICE FOR A PART TIME VICTIM ADVOCATE
WHEREAS, the Englewood City Council, authorized the Englewood Police
Department to apply for funding under the CVS Grants Program to be used for funding a
part time Victim Advocate by the passage of Resolution No. 13, Series of 2018;
WHEREAS, the Englewood Police Department has received a Grant Award Letter
from the Colorado Department of Public Safety
WHEREAS, the Colorado Department of Public Safety, Division of Criminal
Justice provides grant program funds that provide crime victim services;
WHEREAS, the grant funds assist local law enforcement agencies to
provide grand funded victim advocate personnel;
WHEREAS, over the last several years the Englewood Police Department
has seen an increase in the call for services, which translates to an increase
need for services to victims of crime;
WHEREAS, with the increase in crime victim services, the Englewood
Police Department has experienced a decrease in the number of volunteer
crime victim advocates;
WHEREAS, the grant funds will assist the Englewood Police Department
in hiring a part-time victim advocate, for the next two years;
WHEREAS, the staff seeks Council approval of an Ordinance authorizing an
intergovernmental agreement to accept a 2018 CVS grant in the amount of
$50,850.00, with a City of Englewood matching contribution of $12,713.00 for the period of
January 1, 2019 to December 31, 2020.
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 for and acceptance of the CVS Grant, a copy of which
is marked as “Exhibit A” and attached hereto.
Section 2. The Mayor is hereby authorized to sign said CVS Grant and accompanying
intergovernmental agreement on behalf of the City of Englewood.
Section 3. The funds for the CVS grant come from Federal funds awarded to the
Page 51 of 205
State by the United States Department of Justice, Office of Justice Programs, Office
for Victims of Crime, Victims of Crimes Act (VOCA).
Introduced, read in full, and passed on first reading on the 19th day of November, 2018.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd
day of November 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st
day of November, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of December, 2018.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 6th
day of December, 2018.
Published by title on the City’s official website beginning on the 5th day of
December, 2018 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 2018.
Stephanie Carlile
Page 52 of 205
EXHIBIT E - BUDGET and BUDGET NARRATIVE
(Please do not enter any information in these two summary grids - they will automatically calculate from the next three tabs within this worksheet)
Total 2 Year Budget Summary Grant
Funds Cash Match In-Kind
Match
2 Year
Project Total
Personnel $47,850 $0 $12,713 $60,563
Supplies & Operating $2,400 $0 $0 $2,400
Travel $600 $0 $0 $600
Equipment $0 $0 $0 $0
Consultants / Contracts $0 $0 $0 $0
Indirect Costs $0 $0
GRAND TOTAL 2 Year Budget $50,850 $0 $12,713 $63,563
Personnel Summary Total
Personnel
Annual
Budget
Year 1
(CY19)
Total to be
Paid by Grant
Year 1
(CY19)
% Paid by
Grant
(CY19)
Annual
Budget
Year 2
(CY20)
Total to be
Paid by
Grant
Year 2
(CY20)
% Paid by
Grant
(CY20)
Total to be Paid
by Grant for 2
years
Position # 1 $23,925 $23,925 100%$23,925 $23,925 100%$47,850
Position # 2 $0 $0 #DIV/0!$0 $0 #DIV/0!$0
Total Personnel $23,925 $23,925 100%$23,925 $23,925 100%$47,850
Englewood Police Department
Project Title: ________Victim Advocate_______________________________________________________
Year 1 Year 2
Total Match
$12,713
$0
$0
$0
$0
$12,713
Summary Tab
Page 53 of 205
EXHIBIT B2 - BUDGET and BUDGET NARRATIVE
Two-Year Project Budget
Position # 1
Annual Budget
Year 1
(CY19)
% Paid
by Grant
(CY19)
Total to be
Paid by Grant
for 1st year
Annual Budget
Year 2
(CY20)
% Paid
by Grant
(CY20)
Total to be
Paid by Grant
for 2nd year
Total to be Paid by
Grant for 2 years
To be determined 23,925 100%$23,925 23,925 100 $23,925 47,850
Title Victim Advocate
Salary $23,925 100%$23,925 $23,925 100%$23,925 $47,850
Fringe/Benefits $0 0%$0 $0 0%$0 $0
TOTAL $23,925 100%$23,925 $23,925 100%$23,925 $47,850
Hours per week position works for agency:20 $47,850
Position # 2
Annual Budget
Year 1
(CY19)
% Paid
by Grant
(CY19)
Total to be
Paid by Grant
for 1st year
Annual Budget
Year 2
(CY20)
% Paid
by Grant
(CY20)
Total to be
Paid by Grant
for 2nd year
Total to be Paid by
Grant for 2 years
Name:
Title
Salary $0 0%$0 $0 0%$0 $0
Fringe/Benefits $0 0%$0 $0 0%$0 $0
TOTAL $0 0%$0 $0 0%$0 $0
Hours per week position works for agency:0 $0
PERSONNEL
Type Position #2 budget narrative & justification below:
Type Position #1 budget narrative & justification below:
Total Grant $ Position #2
Total Grant $ Position #1
The Part-Time Victim Advocate will work 20 hours per week. Anticipated shifts are swing shift weekends and one week day shift. This request is for salary. Salary
request for two years of $47,850.00, which will be met with in-kind volunteer hours valued at $10 per hour.
Personnel Tab
Page 54 of 205
EXHIBIT B2 - BUDGET and BUDGET NARRATIVE
Two-Year Project Budget
Supplies & Operating Item
Total to be Paid
by Grant Funds
Conference registration for the COVA
conference for three Advocates $2,400
$2,400
Travel Item Total to be Paid
by Grant Funds
2-Yr. Budget for All other Budget Categories
(Supplies & Operating / Travel / Equipment / Consultants-Contracts / Indirect Cost)
Item Calculations
Conference registration $400 x 3 advocates = $1,200 x 2 years = $2,400
Item Calculations
TOTAL Supplies & Operating:
Supplies & Operating Budget Narrative/Justification below:
All other Budget Categories Tab
Page 55 of 205
EXHIBIT B2 - BUDGET and BUDGET NARRATIVE
Two-Year Project Budget
Lodging for the COVA Conference $600
$0
$0
$0
$600
Equipment Item Total to be Paid
by Grant Funds
$0
$0
$0
$0
Consultants / Contracts Item Total to be Paid
by Grant Funds
$0
$0
$0
$0
$0
$0
Indirect Costs Total to be Paid by
Grant Funds
$0
Item Calculations
Consultant/Contractor Calculations
Total Travel:
List the % of the approved federal negotiated indirect rate or 10% de minimus indirect rate details
Three nights each year at $300 x 2 years = $600
Travel Budget Narrative/Justification Below:
Total Equipment:
Equipment Budget Narrative/Justification Below:
Colorado Organization for Victim Assistance hosts an annual conference that will help the two full time and one part time Advocates network and provide best
practices.
Indirect Costs Budget Narrative/Justification below:
TOTAL Consultants / Contracts:
Consultants / Contracts Budget Narrative/Justification below:
All other Budget Categories Tab
Page 56 of 205
EXHIBIT B2 - BUDGET and BUDGET NARRATIVE
PERSONNEL MATCH (Employees / volunteers of the applicant agency)
Employee / Volunteer / Job Title CASH MATCH IN-KIND
MATCH TOTAL MATCH
Victim Advocate Volunteers 1,271.30 hours x $10/hour = $12,713 $0 $12,713 $12,713
$0 $0 $0
$0 $0 $0
$0 $0 $0
Fringe/Benefits $0 $0 $0
Subtotal $0 $12,713 $12,713
SUPPLIES and OPERATING MATCH
(Copying, rent, phone, registration fees and other items under $5,000)CASH MATCH IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
Subtotal $0 $0 $0
TRAVEL MATCH CASH MATCH
IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
$0 $0 $0
Subtotal $0 $0 $0
EQUIPMENT MATCH CASH MATCH
IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
$0 $0 $0
Subtotal $0 $0 $0
CONSULTANTS / CONTRACTS MATCH CASH MATCH
IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
$0 $0 $0
Subtotal $0 $0 $0
INDIRECT MATCH
Subtotal
CASH MATCH IN-KIND
MATCH
TOTAL
MATCH
TOTAL MATCH FOR 2-YEAR PROJECT $0 $12,713 $12,713
Volunteers will be used to provide victim advocacy. 1,271.30 total hours over the two year grant period x $10/hour = $12,713
Source of Match:
Source of Match:
2 Year - Project Match (Cash and/or In-Kind)
Source of Match: Volunteer hours
Source of Match:
Source of Match: Police Operating Funds for Per diem
Source of Match:
CASH MATCH
$0
$0
Match Budget Narrative and Justification below:
Match Tab
Page 57 of 205
EXHIBIT D - STATEMENT OF WORK
Applicant Agency: Englewood Police Department
Project Title: Victim Advocate
Project Description:
Describe the project, staff and services you plan to provide with these grant funds. See instructions for further information.
Page 58 of 205
The Englewood Police Department is a small agency within the larger Denver Metropolitan area. We are a home rule
municipality and have a Municipal Court that also has a domestic violence program similar to a Fast Track program
where victims of domestic violence experience the criminal justice process. Our community has a lower level of
education than the surrounding counties as well as a higher level of poverty and homelessness. Compared to our
neighboring cities, calls for service are higher and more people are victims of crime. Englewood Police Victim
Assistance has historically employed two full time Advocates to provide services to victims of crime. We have also
maintained a volunteer force ranging from 8 to 11 people on average. Calls for services have increased and our
volunteer pool has declined. Englewood is also a community in transition. We have recently added 6 new apartment
complexes that will add approximately 1200 people to our population. At this time, the Victim Assistance Unit would
like to add a part-time Advocate to assist with the increase in call load and to provide more in-depth services to
victims of crime who interact with the Englewood Police Department.
Englewood Victim Assistance has two full time staff members, both who have been with the Department for a long
time, are highly trained and experienced, and who are committed to victims of crime. At times, we have had had
interns to help us provide in-depth services to victims in our community. During the regular work day, the two full-
time Advocates are generally able to respond to needs of victims. The Victim Assistance Unit runs extremely well
during the day time hours; however, crime does not occur from 8:00am to 5:00pm. We have identified a gap in
service that can be filled with a part-time Advocate and fill-in from our current volunteers. We have had difficulty
maintaining volunteers over the last 10 years and getting shifts covered on nights and weekends has become
problematic. We have relied on neighboring agencies to cover some of the on-call hours. This has been a wonderful
help, but it does not allow for continuity of services for victims. At times, we don't receive reports from the on-call
Advocates and victims may need to repeat their stories or start over with a new Advocate. Hiring a part time Advocate
would provide victims with compassionate and professional advocacy over the weekend and some nights. We have
also experienced a higher rate of felonious assaults, sexual assault, and domestic violence. These cases require more
in-depth and personal advocacy, which takes time and dedication.
The project would aim to hire a part-time Advocate who would work some nights and weekend hours. Calls for
service increase on Friday and Saturday during our swing-shift and the Advocate would work these hours as well as a
week day so that the Advocate can make referrals to community agencies and provide follow-up assistance to victims.
The Advocate would provide crisis intervention to victims on scene or over the phone as well as provide information
on the Rights under the Victim Rights Act. The Advocate would attempt to help the victim recover from the crime
through support, information on Victim Compensation, resources, information on the criminal justice process, and
assuring safety of the victim. Providing professional advocacy during nights and weekends will provide continuity of
care for victims. The Advocate would respond to crimes that fall under the Victim Rights Act and assist with felonious
crimes, sexual assault, domestic violence, crimes against children, elder abuse, vehicular assaults or homicides,
homicides, and other incidents that would result in trauma.
The Advocate will increase the response to after hours on-call by 80% and will respond within 30 minutes to the
scene. During the day time hours, response expectations are 10 minutes. Victims will indicate an increased
understanding of the criminal justice process. Advocates will participate in 4 SART team meetings per year to network
and learn best practices for victims of crime. Advocates will also attend the Colorado Organization for Victim
Assistance Conference to network and broaden skills and stay up to date with best practices. The Victim Assistance
Unit will provide a response to approximately 1,000 victims of crime per year. With the additional Advocate, we
would like to increase service to 200 more victims per year.
The Advocate will be part of the Victim Assistance Team that will provide direct services to victims under the Victim
Rights Act C.R.S. 24-4.1-302.5. Victims of crime will be informed of their Rights, they will be supported during their
interactions with Law Enforcement, they will be provided the case number, contact information for the Detective or
Court that is hearing the case, appropriate Community Agency referrals, referral to Victim Compensation, Safety
planning, immediate physical needs will be met, they will be treated with fairness, dignity, and respect, and all aspects
of the statue will be met through personal interaction with the Advocate.
We are mandated by the Victim Rights Act and it is also the mission of the Englewood Police Department and the
Victim Assistance Unit to treat all victims with fairness, dignity, and respect. We also strive to assist victims with their
recovery from crime. Victims of crime recover better from trauma if they receive compassionate and professional
services as soon as available. In adding another Advocate, we will be able to provide more timely and in-depth
Advocacy to the victims in our community.
Page 59 of 205
Page 60 of 205
Project Purpose Area: Victims Services
Complete these data grids only if your project will provide DIRECT victim services. Provide only the number
of victims (primary and secondary) who will receive services from Crime Victim Services (CVS) grant-funded
personnel during each of the 24-month periods in the tables below.
Types of Crimes Estimated Numbers
of Victims
Adult Physical Assault 100
Adult Sexual Assault 15
Adults Sexually Abused/Assaulted as Children
Arson 3
Bullying (Verbal, Cyber or Physical)10
Burglary 135
Child Physical Abuse or Neglect 35
Child Pornography
Child Sexual Abuse/Assault 20
Domestic and/or Family Violence 133
DUI/DWI Incidents 10
Elder Abuse or Neglect 15
Hate Crime: Racial/Religious/Gender/Sexual Orientation/Other
Human Trafficking: Labor
Human Trafficking: Sex
Identity Theft/Fraud/Financial Crime
Kidnapping (noncustodial)
Kidnapping (custodial)
Mass Violence (domestic/international)
Other Vehicular Victimization (e.g. Hit & Run)
Robbery 20
Stalking/Harassment 4
Survivors of Homicide Victims 10
Teen Dating Violence 10
Terrorism (domestic/international)
Other: please explain
UNDUPLICATED TOTAL 520
Page 61 of 205
Types of Services Estimated Numbers
of Victims
Information & Referral Services
Information about the criminal justice process 520
Information about victim rights, how to obtain notifications, etc.520
Referral to other victim service programs 500
Referral to other services, supports & resources (legal, medical, faith-
based, address confidentiality, etc.)
500
Personal Advocacy/Accompaniment Services
Victim advocacy/accompaniment to emergency medical care 50
Victim advocacy/accompaniment to medical forensic exam 15
Law enforcement interview advocacy/accompaniment 50
Individual advocacy (assistance in applying for public benefits, return of
personal property or effects)
50
Performance of medical forensic exam or interview, or medical evidence
collection
0
Immigration assistance (e.g. special visas, continued presence
application, and other immigration relief)
10
Intervention with employer, creditor, landlord or academic institution 25
Child or dependent care assistance (includes coordination of services)15
Transportation assistance (includes coordination of services)50
Interpreter services 10
Emotional Support or Safety Services
Crisis intervention (in-person, includes safety planning, etc.)500
Hotline/crisis line counseling 200
On-scene crisis response 425
Individual counseling 0
Support groups (facilitated or peer)0
Other therapy (traditional, cultural or alternative healing; art, writing or
play therapy, etc.)
0
Emergency financial assistance 200
Shelter/Housing Services
Emergency shelter or safe house 0
Transitional housing 0
Relocation assistance (includes assistance with obtaining housing)0
Criminal/Civil Justice System Assistance Services
Notification of criminal events 500
Victim impact statement assistance 200
Assistance with restitution (includes assistance in requesting and when
collection efforts are not successful)
200
Civil legal assistance in obtaining protection or restraining order 200
Civil legal assistance with family law issues (custody, visitation or
support)
50
Other emergency justice-related assistance 50
Immigration assistance (e.g. special visas, continued presence
application, and other immigration relief)
0
Prosecution interview advocacy/accompaniment (includes
accompaniment with prosecuting attorney and victim/witness)
50
Law enforcement interview advocacy/accompaniment 50
Criminal advocacy/accompaniment 75
Page 62 of 205
Project Purpose Area: Law Enforcement
Complete this section if you are requesting funds for a Law Enforcement Officer or Investigator who
will handle domestic violence, sexual assault, stalking, and/or dating violence cases /incidents for
victims age 11 and older (including secondary victims of these crimes). These are the only
positions/types of crime that can be funded with these grant dollars. If you apply for funds in this
category, remember to complete the question regarding which nonprofit victim services agencies
you consulted with in developing your application. Estimate below the number of cases/incidents
that will be handled by grant funded personnel during each year of the grant period.
Type of Crime Estimated # of
Cases/Incidents
Calls for Assistance (911 & other)
Incident Reports
Cases/Incidents Investigated
Arrests
Dual Arrests
Protection/Ex Parte/Temporary Restraining Orders Served
Arrests for Violation of Bail Bond
Enforcement of Warrants
Arrests for Violation of Protection Orders
Protection Orders Issues
Referrals of Cases to Prosecutor
Referrals of Federal Firearms Charges to Federal Prosecutor
Forensic Medical Evidence
TOTAL
Other legal advice and/or counsel
Crime Victim Compensation
Assistance with Victim Compensation 500
Page 63 of 205
Project Purpose Area: Prosecution
Complete this section if you are requesting funds for a Prosecutor or Investigator who will handle
domestic violence, sexual assault, stalking, and/or dating violence cases/incidents for victims age
11 and older (including secondary victims of these crimes). These are the only positions/types of
crime that can be funded with these grant dollars. If you apply for funds in this category,
remember to complete the question regarding which nonprofit victim services agencies you
consulted with in developing your application. Estimate below the number of cases/incidents that
will be handled by grant funded personnel during each year of the grant period.
Type of Crime Estimated # of
Cases/Incidents
Misdemeanor Sexual Assault
Felony Sexual Assault
Homicide Related to Sexual Assault, Domestic Violence or Stalking
Domestic Violence/Dating Violence Ordinance
Misdemeanor Domestic Violence/Dating Violence
Felony Domestic Violence/Dating Violence
Stalking Ordinance
Misdemeanor Stalking
Felony Stalking
Violation of Protective Order
Violation of Bail
Violation of Probation or Parole
Violation of Other Court Order
TOTAL
Page 64 of 205
Project Purpose Area: Training
Complete this section only if you are requesting funds for a FORMAL training project to train
professionals/volunteers, primarily outside your agency, who work directly with victims. There are only
two eligible categories of training activities that can be paid for with these grant funds:
Training on domestic violence, sexual assault, stalking, and dating violence or;
Statewide or multijurisdictional training pertaining to victim assistance.
NOTE: This section should not be used to indicate the people who will be trained at outreach
trainings/community presentations about your program or to in house staff/volunteer training.
People Trained Estimated # of People
Trained
Advocacy Organization Staff (NAACP, AARP)
Attorneys/Law Students (Non Prosecutors)
Batterer Intervention Program Staff
Correction Personnel (probation, parole, and correctional facilities)
Court Personnel (judges, clerks)
Disability Organization Staff (non-governmental)
Educators (teachers, administrators)
Elder Organization Staff (non-governmental)
Faith-based Organization Staff
Government Agency Staff (vocational rehabilitation, food stamps,
TANF)
Health Professionals (doctors, nurses – not including SANE or SAFE’s)
Immigrant Organization Staff (non-governmental)
Law Enforcement Officers
Legal Services Staff (not including attorneys)
Mental Health Professionals
Military Command Staff
Multidisciplinary Group
Prosecutors
Sex Offender Treatment Providers
Sexual Assault Nurse/Forensic Examiners
Social Service Organization Staff (food bank, homeless shelter)
Substance Abuse Organization Staff
Supervised Visitation and Exchange Center Staff
Translators/Interpreters
Tribal Government/Tribal Government Agency
Victim Advocates (non-governmental, includes sexual assault,
domestic violence and dual)
Victim Assistants (governmental, includes victim witness
specialists/coordinators)
Volunteers
Other
UNDUPLICATED TOTAL
Page 65 of 205
Project Purpose Area: System Improvement
Check items in this section only if one of the primary purposes of your grant-funded project is to improve
a community’s or a system’s (e.g. criminal justice system) response to victims of crime. Check only those
system improvement areas that describe the type of activities and services for which you are requesting
grant funds.
Specialized Units
Policies, Protocols, Orders
Multidisciplinary Coordinated Response to Domestic Violence
Multidisciplinary Coordinated Response to Sexual Assault
Multidisciplinary Coordinated Response (non DV/SA crimes)
Statewide/Multijurisdictional formal & informal multidisciplinary efforts
Data Collection & Communication Systems
Model project that can demonstrate success and a plan for statewide replication
Coordinating meetings between tribal and nontribal entities
Other (please describe)
Page 66 of 205
Project Specific Goals and Objectives:
Applicants are limited to four goals and no more than three objectives for each goal. Objectives must be
measurable and related to the personnel/consultants requested in the grant and any match personnel. Do not
repeat services you have already addressed in the project purpose area grids. Please use 8 point font inside the
boxes.
Goal 1: The Advocate will provide direct services to meet the needs of crime victims in Englewood
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
1.1 The part-time advocate will provide on-
scene crisis intervention to 300 crime
victims
Victims will report
that they feel
informed of their
rights and resources
that may assist them
Staff notes/callout logs
and victim report
During the 24 month
Grant cycle
1.2 The part-time advocate will assist 100
victims of domestic violence through
the Englewood Municipal Court
Victims will
participate in the
criminal justice
process with support,
knowledge, and
access to services
Staff documentation
and court notes
During the 24 month
Grant cycle
1.3 The part-time advocate will assist 200
crime victims by phone for case
updates, information on critical stages,
and on-going support and provide
Victim Rights notifications.
Victims will feel
supported as the case
moves through the
criminal justice
system.
Staff documentation During the 24 month
Grant cycle
Goal 2: The Advocate will provide support to Victims and encourage financial and emotional recovery through
appropriate referrals
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
2.1 The part-time advocate will assist 350
crime victims with the application for
Victim Compensation
Victims will have
access to financial
resources to aid in
recovery
Staff documentation
and Victim
Compensation
Applications received.
During the 24 month
Grant cycle
Page 67 of 205
2.2 The part-time advocate will make 200
referrals to community based financial
resources to assist victims in recovery
through payment of rent, cell phone
bills, prescriptions, and travel.
Victims will recover
faster when
immediate needs are
met through referral
to community
agencies
Staff documentation During the 24 month
Grant cycle
2.3
Goal 3: The Advocate will maintain best practices by networking and participating in community task force meetings
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
3.1 The part-time advocate will attend 6
Sexual Assault Response Team
meetings.
The Advocate will
network with those
working to end sexual
assault and learn best
practices to better
serve victims
Staff documentation During the 24 month
Grant cycle
3.2 The part-time advocate will attend 8
Englewood Schools interagency team
meetings
The Advocate will
network with the
school counselors and
others on the team to
best assist victims of
crime from
Englewood Schools
Staff documentation During the 24 month
Grant cycle
3.3 The part-time advocate will participate
in 12 Multidisciplinary Team meetings
with Arapahoe County Human Services.
The Advocate will
network with
caseworkers from
Human Services in
order to provide
appropriate victim
advocacy and services
such as Victim
Compensation. More
victims will access
Victim Compensation
Staff notes and Human
Services
documentation
During the 24 month
Grant cycle
Goal 4:
Page 68 of 205
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
4.1
4.2
4.3
Page 69 of 205
Overall Project Evaluation:
Describe the approach for evaluating the project in response to the stated objectives, intended outcomes/impact and data collection. See instructions for further information.
The project will have met its goals and objectives by increasing services to victims of crime and providing all victims
with ongoing support during the criminal justice process. The project will have provided all victims with information
on their Rights as well as referrals to resources that may assist victims with recovery.
Our goal is to provide safety and support for victims as well as to educate victims of the Court process and services
available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. We
constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims
will help them recover. The program also refers victims to community resources to aid with financial recovery. In
particular, we refer frequently to Catholic Charites and Integrated Community Family Services (IFCS) to assist those
fleeing violence with financial assistance for various financial needs, such as rent, cell phone replacement, bus tickets,
and moving expenses.
This project success will also be measured by the amount of services provided to victims. We hope to provide services
to 200 more victims per year and to close the gap in services that exists on some nights and weekends. The project
will be successful if we can maintain coverage for the after-hours calls with the new part-time Advocate and the
volunteers. Victims will receive professional and compassionate Advocacy from the program and they will have
knowledge of their Rights, feel supported, and receive appropriate referrals for assistance in recovery. The project will
also be successful through community networking and participation in Multi-Disciplinary Teams and training.
To evaluate the program’s success, we aim to:
Provide direct services to 200 more victims per year;
To provide crisis intervention to 300 victims on-scene;
To assist 350 victims with applications for Victim Compensation;
To provide 200 victims with case updates and support through the criminal justice process;
To assist 100 victims through the Englewood Municipal Court process;
To provide 200 victims with referrals to community based assistance;
To participate in Multi-Disciplinary teams to further knowledge and networking;
and to provide continuous coverage for Victim Assistance through volunteers and the new part-time Advocate.
Page 70 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Page 1 of 16 Version 0717 (DCJ 09/07/18)
GRANT AWARD LETTER (Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of Public Safety, Division of Criminal Justice
DCJ Grant Number
2018-VA-19-103-18
CMS Number
N/A
Grantee
City of Englewood, by and through the Englewood Police
Department
Grantee DUNS
075750133
Grant Issuance Date (Start Date)
January 1, 2019
Current Grant Maximum Amount
Initial Term by Funding Source
Grant Expiration Date
December 31, 2020
2016-VA-GX-0070 $16,950.00 Fund Expenditure End Date
December 31, 2020
2017-VA-GX-0037 $23,306.25 Grant Description
The police department will use grant funds to hire a part
time advocate to primarily cover nights and weekends
when calls for services often increase. Advocate will
provide crisis intervention and referral services to
victims of crime.
2018-V2-GX-0050 $10,593.75
Total for All Federal Awards $50,850.00
Grantee Match Requirement $12,713.00
Is this Award for Research and Development
(R&D)? No
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and
to bind the Party authorizing his or her signature.
GRANTEE
City of Englewood
______________________________________________
By: Eric Keck, City Manager, City of Englewood
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Public Safety
Stan Hilkey, Executive Director
______________________________________________
By: Joe Thome, Director, Division of Criminal Justice
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: Lyndsay J. Clelland, Contract and Grants Coordinator,
Department of Public Safety, Division of Criminal Justice
Effective Date:_____________________
Page 71 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Page 2 of 16 Version 0717 (DCJ 09/07/18)
Representatives for this Grant
For the State: For Grantee:
Joe Thome, Director Eric Keck, City Manager
Division of Criminal Justice City of Englewood
Department of Public Safety 1000 Englewood Parkway
700 Kipling Street, Suite 1000 Englewood, CO 80110
Denver, Colorado 80215-5897
Joe.Thome@state.co.us ekeck@englewoodco.gov
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Award Office U.S. Department of Justice, Office of Justice Programs Office for Victims of Crime
CFDA 16.575
Federal Award Number(s) 2016-VA-GX-0070 2017-VA-GX-0037 2018-V2-GX-0050
Federal Award Date 09/19/2016 09/28/2017 08/09/2018
Total Amount of Federal Award (this is not the
amount of this grant agreement)
$ 37,271,902 $ 31,335,524 $ 56,681,557
Page 72 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Page 3 of 16 Version 0717 (DCJ 09/07/18)
TABLE OF CONTENTS
SIGNATURE AND COVER PAGE ......................................................................................... 1
1.GRANT ...................................................................................................................................... 3
2.TERM ........................................................................................................................................ 3
3.AUTHORITY ............................................................................................................................ 4
4.DEFINITIONS .......................................................................................................................... 5
5.PURPOSE .................................................................................................................................. 8
6.STATEMENT OF WORK ........................................................................................................ 8
7.PAYMENTS TO GRANTEE .................................................................................................... 8
8.REPORTING - NOTIFICATION ........................................................................................... 10
9.GRANTEE RECORDS ........................................................................................................... 11
10.CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................... 11
11.CONFLICTS OF INTEREST.................................................................................................. 12
12.INSURANCE .......................................................................................................................... 13
13.REMEDIES ............................................................................................................................. 13
14.DISPUTE RESOLUTION ....................................................................................................... 13
15.NOTICES AND REPRESENTATIVES ................................................................................. 13
16.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 13
17.GOVERNMENTAL IMMUNITY .......................................................................................... 13
18.GENERAL PROVISIONS ...................................................................................................... 14
EXHIBIT A1, SAMPLE OPTION LETTER ............................................................................ 1
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER ........................................ 2
EXHIBIT B, GRANT REQUIREMENTS ................................................................................ 1
EXHIBIT C, SPECIAL CONDITIONS .................................................................................... 1
EXHIBIT D, FEDERAL REQUIREMENTS ............................................................................ 1
EXHIBIT E, STATEMENT OF WORK………………………………………………………1
EXHIBIT F, BUDGET………………………………………………………………………...1
1.GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2.TERM
A.Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with a written notice to Grantee in a form substantially equivalent
to Exhibit A, Sample Option Letter showing the new Grant Expiration Date. Authorized
Page 73 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Page 4 of 16 Version 0717 (DCJ 09/07/18)
costs incurred prior to the Effective Date, but no earlier than the Grant Issuance Date, may
be submitted for reimbursement as provided in §7.C below.
B.Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee. If the State terminates this Grant
Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee’s obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C.Grantee’s Termination Under Federal Requirements
Grantee may request termination of this Grant 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 Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
D.Additional Terms
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
each successive period, at newly negotiated rates deemed necessary to meet any modification
to this Agreement as provided in §18.E.
3.AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A.Federal Authority
This Grant is funded, in whole or in part, with Federal funds awarded to the State by the
United States Department of Justice, Office of Justice Programs, Office for Victims of Crime,
Victims of Crime Act (VOCA) is supported under 42 U.S.C. § 10603 (a)..
B.State Authority
The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute
24-33.503 and 507
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4.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.“Budget” means the budget for the Work described in Exhibit F, Budget.
B.“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.
C.“CJI” means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
D.“CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
E.“Effective Date” means the date on which this Grant Award Letter is approved and signed
by the Colorado State Controller or designee, as shown on the Signature and Cover Page for
this Grant Award Letter.
F.“Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
G.“Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
H.“Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
I.“Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
J.“Equipment” means tangible, nonexpendable property with an acquisition cost of $5,000 or
more and a useful life of more than one year. Software, regardless of cost, is not considered
equipment.
K.“Exhibits” means the following exhibits attached to this Grant Award Letter:
i.Exhibit A1, Sample Option Letter.
ii.Exhibit A2, Sample Grant Funding Change Letter.
iii.Exhibit B, Grant Requirements.
iv.Exhibit C, Special Conditions.
v.Exhibit D, Federal Requirements.
vi.Exhibit E, Statement of Work.
vii.Exhibit F, Budget.
L.“Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
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M.“Federal Award” means an award of Federal financial assistance by a Federal Awarding
Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms
and conditions of the Federal Award.
N.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient. U.S. Department of Justice, Office of Justice Programs, Office for Victims of
Crime is the Federal Awarding Agency for the Federal Award which is the subject of this
Grant.
O.“Forms” are a type of document with various different blank spaces for answers or
information to document or request information and attached as exhibits or provided to the
Grantee throughout the term of this grant. Forms will be periodically updated, changed,
modified, adjusted, transformed, amended, or altered at the discretion of the State and
provided to the Grantee to best meet the needs of the information being collected and
recorded.
P.“Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
Q.“Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
R.“Initial Term” means the time period between the Grant Issuance Date and the Grant
Expiration Date.
S.“Matching Funds” means the funds provided Grantee as a match required to receive the
Grant Funds.
T.“Party” means the State or Grantee, and “Parties” means both the State and Grantee.
U.“PCI” means payment card information including any data related to credit card holders’
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
V.“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.
W.“PHI” means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii)that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
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X.“Program” means the Victims of Crime Act (VOCA) grant program that provides the
funding for this Grant.
Y.“Recipient” means the State Agency shown on the first page of this Grant Award Letter, for
the purposes of the Federal Award.
Z.“Services” means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
AA. “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, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA.
BB. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
CC.“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.
DD.“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.
EE. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub-Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
FF. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
GG. “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of the
Work.
HH. “Subrecipient” means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization 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 Grant, Grantee is a Subrecipient.
II.“Tax Information” means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax-related
information as may be protected by Federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
JJ. “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.
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KK. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
LL.“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, any discovery or
invention, 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, sound recordings, and
any other results of the Work. “Work Product” does not include any material that was
developed prior to the Grant Issuance 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.
5.PURPOSE
This Grantee was selected by the Crime Victims Services Board for Award. The federal Victims
of Crime Act (VOCA) Program allows agencies to support activities that provide a broad range of
direct services to victims of crime.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit E, Statement of Work. The State shall have no liability to compensate
or reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Grant Award Letter.
The State may increase or decrease the quantity of goods/services described Exhibit E, Statement
of Work and Exhibit F, Budget based upon the rates established in the Grant. If the State exercises
the option, it will provide written notice to Grantee at least 15 days prior to the end of the current
grant term in a form substantially equivalent to Exhibit A1, Sample Option Letter.
Delivery/performance of the goods/service shall continue at the same rates and terms. If exercised,
the provisions of the Option Letter shall become part of and be incorporated into the original grant.
7.PAYMENTS TO GRANTEE
A.Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Maximum
Amount on the first page of this Grant Award Letter. 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. The State shall not be liable to pay or
reimburse Grantee for any Work performed or expense incurred before the Grant Issuance
Date or after the Grant Expiration Date; provided, however, that Work performed and
expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active
Federal Award may be submitted for reimbursement as permitted by the terms of the Federal
Award.
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B.Erroneous Payments
The State may recover, at the State’s discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State. 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.Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to the State of the change and the State approves the change, the
change does not modify the total maximum amount of this Grant Award Letter, and the
change does not modify any requirements of the Work. The State shall reimburse Grantee for
the Federal share of properly documented allowable costs related to the Work after the State’s
review and approval thereof, subject to the provisions of this Grant. The State shall only
reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the
Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee
(i.e. the price paid minus any items of value received by Grantee that reduce the cost actually
incurred).
D.Close-Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Grant Award Letter and Grantee’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 Grant Expiration Date due to
Grantee’s failure to submit required documentation, then Grantee may be prohibited from
applying for new Federal Awards through the State until such documentation is submitted
and accepted.
E.Matching Funds.
Grantee shall provide the Matching Funds as provided on the Cover Page and in Exhibit F,
Budget. Grantee shall appropriate and allocate all Matching Funds to the purpose of this
Grant Award Letter. Grantee does not by accepting this Grant Award Letter irrevocably
pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter
is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Grantee’s laws or policies.
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8.REPORTING - NOTIFICATION
A.Quarterly Reports.
In addition to any Exhibit, for any Agreement having a term longer than 3 months, Grantee
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. Progress reports shall
be submitted to the State not later than 15 Days following the end of each calendar quarter or
at such time as otherwise specified by the State. If the 15th does not fall on a Business Day,
the report is due the following Business Day.
DCJ requires the submission of a Quarterly Financial Report and Quarterly Narrative
(Programmatic) Report.
B.Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §7.D, containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
DCJ requires the submission of a Final Financial Report only if the last Quarterly Financial
Report did not reflect all expenditures. A Final Narrative (Programmatic) Report is not
required as quarterly reports are cumulative for this Grant Award Letter.
C.Violations Reporting
Grantee 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.
D.VOCA Federal Performance Reporting
The grantee agrees to submit performance reports on the performance metrics identified by
OVC, and in the time and manner required by OVC. This information on the activities
supported by the award funding will assist in assessing the effects that VOCA Victim
Assistance funds have had on services to crime victims within the jurisdiction. Beginning
October 1, 2015, the recipient agrees to submit (and, as necessary, require sub-recipients to
submit) such information quarterly.
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9.GRANTEE RECORDS
A.Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three (3) years following the completion of the close out of this
Grant. Grantee shall permit the State, the federal government and any other duly authorized
agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe all
such records during normal business hours at Grantee’s office or place of business, unless the
State determines that an audit or inspection is required without notice at a different time to
protect the interests of the State.
B.Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required by the Uniform Guidance, based on the State’s risk analysis of
Grantee. The State shall monitor Grantee’s performance in a manner that does not unduly
interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or
subgrant with an entity that would also be considered a Subrecipient, then the subcontract or
subgrant entered into by Grantee shall contain provisions permitting both Grantee and the
State to perform all monitoring of that Subcontractor in accordance with the Uniform
Guidance. Grantee’s failure to comply with and/or correct monitoring findings shall
constitute a breach of this Grant Agreement.
C.Final Audit Report
Grantee shall promptly submit to the State a copy of the Grantee Agency’s final audit
report in accordance with Exhibit B, Grant Requirements §1.
10.CONFIDENTIAL INFORMATION-STATE RECORDS
A.Confidentiality
Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and
maintain, any and all State Records that the State provides or makes available to Grantee for
the sole and exclusive benefit of the State, unless those State Records are otherwise publically
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit,
publish, copy, or otherwise disclose to any third party, or permit the use by any third party
for its benefit or to the detriment of the State, any State Records, except as otherwise stated
in this Grant Award Letter. Grantee 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
including, without limitation: (i) the most recently promulgated IRS Publication 1075 for all
Tax Information, (ii) the most recently updated PCI Data Security Standard from the PCI
Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information
Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and
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Accountability Act for all PHI. Grantee shall immediately forward any request or demand for
State Records to the State’s principal representative.
B.Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns, Subgrantees and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns, Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees, and
Subcontractors sign nondisclosure agreements with provisions at least as protective as those
in this Grant, and that the nondisclosure agreements are in force at all times the agent,
employee, assign, Subgrantee or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C.Use, Security, and Retention
Grantee 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. Grantee shall provide the State with access, subject to
Grantee’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 Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D.Incident Notice and Remediation
If Grantee 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. After an Incident, Grantee 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.
11.CONFLICTS OF INTEREST
Grantee 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 Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.
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12.INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subgrantees and Subcontractors maintain all insurance customary for the completion of the
Work done by that Subgrantee or Subcontractor and as required by the State or the GIA.
13.REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant or any terms of the Federal Award, the State
may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the
State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any
time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work
without intent to resume performance, prior to the completion of the Work.
14.DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
15.NOTICES AND REPRESENTATIVES
Each individual identified on page 2, “Representatives for this Grant” shall be the principal
representative of the designating Party. All notices required or permitted to be given under this
Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to
the representative of the other Party. Either Party may change its principal representative or
principal representative contact information by notice submitted in accordance with this §15.
16.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
The exception to this §16 is Work Products that contain criminal justice records where each
individual unit or agency will be subject to the rules and regulations.
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
i. State Right to Use
The State has the right to use, duplicate and disclose, the above material in whole or in
part in any manner for any purpose whatsoever and authorize others to do so.
17.GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the GIA; 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
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seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these
provisions.
18.GENERAL PROVISIONS
A.Assignment
Grantee’s rights and obligations under this Grant 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 Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B.Subcontracts and Subgrants
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit
to the State a copy of each such subgrant or subcontract upon request by the State. All
subgrants and subcontracts entered into by Grantee 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 Grantee enters into a subcontract or subgrant would also
be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall
also contain provisions permitting both Grantee and the State to perform all monitoring of
that Subcontractor in accordance with the Uniform Guidance.
C.Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter 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.
D.Entire Understanding
This Grant Award Letter 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 Grant Award Letter.
E.Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant, 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.
i.The State may, at the State’s discretion, use an Option Letter substantially equivalent
to Exhibit A1, Sample Option Letter to modify the grant terms. If exercised, the
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Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
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provisions of the Option Letter shall become part of and be incorporated into the
original grant. An Option Letter may be used to perform the following grant actions:
a. Extend the term of the grant, at the same rates stated in this Agreement.
b.Increase or decrease the quantity of services of the grant, either at the same rates
stated in this Agreement or at modified rates outlined in the Option Letter.
ii.The State may, at the State’s discretion, use a Grant Funding Change Letter
substantially equivalent to Exhibit A2, Sample Grant Funding Change Letter to
increase or decrease the amount of grant funds. If exercised, the provisions of the Grant
Funding Change Letter shall become part of and be incorporated into the original grant.
F.Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter 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 Grant Issuance Date. Grantee shall strictly 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.
G.Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits
or attachment, such conflict or inconsistency shall be resolved by reference to the documents
in the following order of priority:
i.Exhibit C, Special Conditions.
ii.Exhibit D, Federal Requirements.
iii.The provisions of the other sections of the main body of this Agreement.
iv.Exhibit B, Grant Requirements.
v.Exhibit E, Statement of Work.
vi.Exhibit F, Budget
H.Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
I.Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
J.Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
Page 85 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Page 16 of 16 Version 0717 (DCJ 09/07/18)
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
K.Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, 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.
L.Federal Requirements
Grantee shall comply with all applicable requirements of Exhibit D, Federal Requirements
at all times during the term of this Grant.
Page 86 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Exhibit A Page 1 of 2
EXHIBIT A1, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the Original Contract
Current Agreement Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Contract Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
The later of the Effective Date or Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
1.OPTIONS:
A.Option to extend for an Extension Term
B.Option to change the quantity of Goods under the Agreement
C.Option to change the quantity of Services under the Agreement
D.Option to modify Agreement rates
E.Option to initiate next phase of the Agreement
2.REQUIRED PROVISIONS:
F.For use with Option 1(A): In accordance with Section(s) Number 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.
G.For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
H.For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
I.For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
J.For use with all Options that modify the Agreement Maximum Amount: 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:
K.The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
John W. Hickenlooper, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
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 87 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Exhibit A Page 2 of 2
EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER
State Agency
Colorado Department of Public Safety
Original Grant Number
DCJ Grant Number: Insert DCJ grant number
CMS Number: Insert CMS number if applicable or NA
Grantee
Insert Grantee's Full Legal Name, including "Inc.", "LLC",
etc...- This must match original contract
Change Letter CMS Number
Insert Change Letter CMS number or NAInsert CMS
number or Other Contract Number of the Original Contract
Current Grant Maximum Amount
Initial Term
Grant Performance Beginning Date
Insert Original Begin Date- Month Day, Year
State Fiscal Year 20xx $0.00
Extension Terms Current Grant Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
Grantee Match Requirement $0.00
GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A.The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B.The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Public Safety
Stan Hilkey, Executive Director
______________________________________________
By: Joe Thome, Director, Division of Criminal Justice
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:___________________________________________
Lyndsay J. Clelland, Colorado Department of Public Safety,
Division of Criminal Justice, Contracts and Grants
Coordinator
Grant Funding Change Letter Effective
Date:_____________________
Page 88 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Exhibit B Page 1 of 2
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1.AUDIT REQUIREMENTS
A. Due Date:
i.Project Start:
The Grantee must submit the most recent audit or financial review, including the
corresponding management letter, to DCJ within thirty (30) days of request; and, if the
most recent audit/financial review has not already been submitted to DCJ, it must be
submitted within thirty (30) days of the start of this project.
ii.Project End:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to practice
in Colorado. The audit or financial review incorporating this grant award must be
completed and received by DCJ within nine (9) months of the end of the fiscal years that
includes the end date of the grant, or within thirty (30) days of the completion of such
audit or review, whichever is earlier.
B.Report/Audit Type:
i.If your entity expended $750,000 or more in Federal funds (from all sources including
pass-through subawards) in your organization’s fiscal year (12-month turnaround
reporting period), your organization is required to arrange for a single organization-wide
audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500
et seq.)
ii.If your entity expends less than $750,000 in Federal funds (from all sources including
pass-through subawards) in your organization’s fiscal year (12-month turnaround
reporting period), your organization is required to arrange for either an audit or financial
review as follows:
a) Grantees that have revenue greater than $300,000 from all sources during the entity’s
fiscal year are required by DCJ to obtain a financial audit
b) Grantees that have revenue less than $300,000 from all sources during the entity’s
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C.Report/Audit Costs:
The Grantee accepts responsibility for the costs of a financial program audit to be performed by the
Department of Public Safety in the event that the audit report or financial review:
i.does not meet the applicable federal audit or DCJ standards;
ii.is not submitted in a timely manner; or,
iii.does not provide an audit response plan with corresponding corrections made sufficient
to satisfy any audit findings.
Page 89 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Exhibit B Page 2 of 2
D.Failure to Comply:
The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may withhold
award funds, or may impose other related requirements, if the grantee does not satisfactorily and
promptly address outstanding issues from audits required by Part 200 Uniform Requirements, by
the terms of this award, by the current addition of the DOJ Grants Financial Guide, or other
outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
2.FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A.The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such
records as necessary will be maintained to assure adequate internal fiscal controls, proper
financial management, efficient disbursement of funds received, and maintenance of required
source documentation for all costs incurred. These principles must be applied for all costs
incurred whether charged on a direct or indirect basis.
B.All expenditures must be supported by appropriate source documentation. Only actual, approved,
allowable expenditures will be permitted.
C.The Grantee assures that it will comply with the applicable Administrative Guide of the Division
of Criminal Justice (Guide), located at http://dcj.state.co.us/home/grants. However, such a guide
cannot cover every foreseeable contingency, and the Grantee is ultimately responsible for
compliance with applicable state and federal laws, rules and regulations. In the event of conflicts
or inconsistencies between the Guide and any applicable state and federal laws, rules and
regulations, such conflicts or inconsistencies shall be resolved by applicable state and federal
laws, rules and regulations.
3.PROCUREMENT AND CONTRACTS
A.Grantee assures that open, competitive procurement procedures will be followed for all
purchases under the grant. All contracts for professional services, of any amount, and equipment
purchases over five thousand dollars (per item, with a useful life of at least one year) must
receive prior approval by the DCJ. Grantee shall submit Form 16 – Professional
Services/Consultant Certification and/or Form 13 – Equipment Procurement Certification Form.
B.Grantee may not assign its rights or duties under this grant without the prior written consent of
the DCJ.
4.AWARD CHANGE REQUESTS
Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right to
make and authorize modifications, adjustments, and/or revisions to the Grant Award Letter for the
purpose of making changes in budget categories, extensions of grant award dates, changes in goals and
objectives, and other modifications as described in §2.D and §18.E in the body of the Grant Award
Letter.
Page 90 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Exhibit C Page 1 of 1
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative requirements.
These requirements apply to this Agreement and must be passed on to subgrant award recipients.
The following Special Conditions documents, if checked, are incorporated herein. These documents
are located on the DCJ Grants website and may also be obtained from DCJ upon request.
☒2018 Victims of Crime Act (VOCA) Special Conditions
☒2017 Victims of Crime Act (VOCA) Special Conditions
☒2015 & 2016 Victims of Crime Act (VOCA) Special Conditions
Page 91 of 205
Grantee: City of Englewood, by and through the Englewood Police Department
Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18
Exhibit D Page 1 of 1
EXHIBIT D, FEDERAL REQUIREMENTS
The following federal requirements are imposed by the Federal sponsoring agency concerning special
requirements of law. These requirements apply to this Agreement and must be passed on to subgrants
and subcontractors.
The following federal requirements documents, if checked, are incorporated herein. These documents
are located on the DCJ Grants website and may also be obtained from DCJ upon request.
☒2018 Federal Requirements
☒2017 Federal Requirements
☒2015 & 2016 Federal Requirements
Page 92 of 205
Page 1 of 6
EXHIBIT E - STATEMENT OF WORK
Applicant Agency: City of Englewood, by and through the Englewood Police Department
Project Title: Victim Advocate
Project Description:
Describe the project, staff and services you plan to provide with these grant funds.
The Englewood Police Department is a small agency within the larger Denver Metropolitan area. We are a home rule municipality
and have a Municipal Court that also has a domestic violence program similar to a Fast Track program where victims of domestic
violence experience the criminal justice process. Our community has a higher level of poverty and homelessness than our
surrounding neighbors. Compared to our neighboring cities, calls for service are higher and more people are victims of crime.
Englewood Police Victim Assistance has historically employed two full time Advocates to provide services to victims of crime. We
have also maintained a volunteer force ranging from 8 to 11 people on average. Calls for services have increased and our
volunteer pool has declined. Englewood is also a community in transition. We have recently added 6 new apartment complexes
that will add approximately 1200 people to our population. At this time, the Victim Assistance Unit would like to add a part-time
Advocate to assist with the increase in call load and to provide more in-depth services to victims of crime who interact with the
Englewood Police Department.
Englewood Victim Assistance has two full time staff members, both who have been with the Department for a long time, are
highly trained and experienced, and who are committed to victims of crime. At times, we have had interns to help us provide in-
depth services to victims in our community. During the regular work day, the two full-time Advocates are generally able to
respond to needs of victims. The Victim Assistance Unit runs extremely well during the day time hours; however, crime does not
occur from 8:00am to 5:00pm. We have identified a gap in service that can be filled with a part-time Advocate and fill-in from our
current volunteers. We have had difficulty maintaining volunteers over the last 5 years and getting shifts covered on nights and
weekends has become problematic. We have relied on neighboring agencies to cover some of the on-call hours. This has been a
wonderful help, but it does not allow for continuity of services for victims. At times, we don't receive reports from the on-call
Advocates and victims may need to repeat their stories or start over with a new Advocate. Hiring a part time Advocate would
provide victims with compassionate and professional advocacy over the weekend and some nights. We have also experienced a
higher rate of felonious assaults, sexual assault, and domestic violence. These cases require more in-depth and personal
advocacy, which takes time and dedication.
The project would aim to hire a part-time Advocate who would work some nights and weekend hours. Calls for service increase
on Friday and Saturday during our swing-shift and the Advocate would work these hours as well as a week day so that the
Advocate can make referrals to community agencies and provide follow-up assistance to victims. The Advocate would provide
crisis intervention to victims on scene or over the phone as well as provide information on the Rights under the Victim Rights Act.
The Advocate would attempt to help the victim recover from the crime through support, information on Victim Compensation,
resources, information on the criminal justice process, and assuring safety of the victim. Providing professional advocacy during
nights and weekends will alleviate the need for as many volunteers and provide continuity of care for victims. The Advocate
would respond to crimes that fall under the Victim Rights Act and assist with felonious crimes, sexual assault, domestic violence,
crimes against children, elder abuse, vehicular assaults or homicides, homicides, and other incidents that would result in trauma.
The Advocate will increase the response to after hours on-call by 80% and will respond within 30 minutes to the scene. During the
day time hours, response expectations are 10 minutes. Victims will indicate an increased understanding of the criminal justice
process. Advocates will participate in 4 SART team meetings per year to network and learn best practices for victims of crime.
Advocates will also attend the Colorado Organization for Victim Assistance Conference to network and broaden skills and stay up
to date with best practices. The Victim Assistance Unit will provide a response to approximately 1,000 victims of crime per year.
With the additional Advocate, we would like to increase service to 200 more victims per year.
The Advocate will be part of the Victim Assistance Team that will provide direct services to victims under the Victim Rights Act
C.R.S. 24-4.1-302.5. Victims of crime will be informed of their Rights, they will be supported during their interactions with Law
Enforcement, they will be provided the case number, contact information for the Detective or Court that is hearing the case,
appropriate Community Agency referrals, referral to Victim Compensation, Safety planning, immediate physical needs will be
met, they will be treated with fairness, dignity, and respect, and all aspects of the statue will be met through personal interaction
with the Advocate.
We are mandated by the Victim Rights Act and it is also the mission of the Englewood Police Department and the Victim
Assistance Unit to treat all victims with fairness, dignity, and respect. We also strive to assist victims with their recovery from
crime. Victims of crime recover better from trauma if they receive compassionate and professional services as soon as available.
In adding another Advocate, we will be able to provide more timely and in-depth Advocacy to the victims in our community.
Page 93 of 205
Page 2 of 6
Project Purpose Area: Victims Services
Complete these data grids only if your project will provide DIRECT victim services. Provide only the number
of victims (primary and secondary) who will receive services from Crime Victim Services (CVS) grant-funded
personnel during each of the 24-month periods in the tables below.
Types of Crimes Estimated Numbers
of Victims
Adult Physical Assault 100
Adult Sexual Assault 15
Adults Sexually Abused/Assaulted as Children
Arson 3
Bullying (Verbal, Cyber or Physical) 10
Burglary 135
Child Physical Abuse or Neglect 35
Child Pornography
Child Sexual Abuse/Assault 20
Domestic and/or Family Violence 133
DUI/DWI Incidents 10
Elder Abuse or Neglect 15
Hate Crime: Racial/Religious/Gender/Sexual Orientation/Other
Human Trafficking: Labor
Human Trafficking: Sex
Identity Theft/Fraud/Financial Crime
Kidnapping (noncustodial)
Kidnapping (custodial)
Mass Violence (domestic/international)
Other Vehicular Victimization (e.g. Hit & Run)
Robbery 20
Stalking/Harassment 4
Survivors of Homicide Victims 10
Teen Dating Violence 10
Terrorism (domestic/international)
Other: please explain
UNDUPLICATED TOTAL 520
Page 94 of 205
Page 3 of 6
Types of Services Estimated Numbers
of Victims
Information & Referral Services
Information about the criminal justice process 520
Information about victim rights, how to obtain notifications, etc. 520
Referral to other victim service programs 50
Referral to other services, supports & resources (legal, medical, faith-based,
address confidentiality, etc.) 200
Personal Advocacy/Accompaniment Services
Victim advocacy/accompaniment to emergency medical care 50
Victim advocacy/accompaniment to medical forensic exam 15
Law enforcement interview advocacy/accompaniment 50
Individual advocacy (assistance in applying for public benefits, return of personal
property or effects) 50
Performance of medical forensic exam or interview, or medical evidence
collection 0
Immigration assistance (e.g. special visas, continued presence application, and
other immigration relief) 10
Intervention with employer, creditor, landlord or academic institution 25
Child or dependent care assistance (includes coordination of services) 15
Transportation assistance (includes coordination of services) 50
Interpreter services 10
Emotional Support or Safety Services
Crisis intervention (in-person, includes safety planning, etc.) 300
Hotline/crisis line counseling 0
On-scene crisis response 250
Individual counseling 0
Support groups (facilitated or peer) 0
Other therapy (traditional, cultural or alternative healing; art, writing or play
therapy, etc.) 0
Emergency financial assistance 0
Shelter/Housing Services
Emergency shelter or safe house 0
Transitional housing 0
Relocation assistance (includes assistance with obtaining housing) 0
Criminal/Civil Justice System Assistance Services
Notification of criminal events 50
Victim impact statement assistance 20
Assistance with restitution (includes assistance in requesting and when collection
efforts are not successful) 20
Civil legal assistance in obtaining protection or restraining order 20
Civil legal assistance with family law issues (custody, visitation or support) 0
Other emergency justice-related assistance 0
Immigration assistance (e.g. special visas, continued presence application, and
other immigration relief) 0
Prosecution interview advocacy/accompaniment (includes accompaniment with
prosecuting attorney and victim/witness) 50
Law enforcement interview advocacy/accompaniment 50
Criminal advocacy/accompaniment 50
Other legal advice and/or counsel
Crime Victim Compensation
Assistance with Victim Compensation 250
Page 95 of 205
Page 4 of 6
Project Specific Goals and Objectives:
Applicants are limited to four goals and no more than three objectives for each goal. Objectives must be measurable and related to the personnel/consultants requested in the grant and any match personnel. Do not repeat services you have already addressed in the project purpose area grids. Please use 8 point font inside the boxes.
Goal 1: The Advocate will provide direct services to meet the needs of crime victims in Englewood
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
1.1 The Advocate will provide on-scene
crisis intervention to 300 crime victims
Victims will report
that they feel
informed of their
Rights and resources
that may assist them
Staff notes/callout logs
and victim report via
surveys
During the 24 month
Grant cycle
1.2 The Advocate will assist 50 victims of
domestic violence through the
Englewood Municipal Court
Victims will
participate in the
criminal justice
process with support,
knowledge, and
access to services
Staff documentation
and Court notes
During the 24 month
Grant cycle
1.3 The Advocate will assist 200 crime
victims by phone for case updates,
information on critical stages, and on-
going support and provide Victim Rights
notifications.
Victims will be
informed as the case
moves through the
criminal justice
system.
Staff documentation of
victim notification of
case status as it
proceeds through the
criminal justice system
During the 24 month
Grant cycle
Goal 2: The Advocate will provide support to victims and encourage financial and emotional recovery through
appropriate referrals
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
2.1 The Advocate will assist 250 crime
victims with the application for Victim
Compensation
Victims will have
access to financial
resources to aid in
recovery
Staff documentation
and Victim
Compensation
Applications received.
During the 24 month
Grant cycle
2.2 The Advocate will make 200 referrals to
community based financial resources to
assist victims in recovery through
payment of rent, cell phone bills,
prescriptions, and travel.
Victims will recover
faster when
immediate needs are
met through referral
to community
agencies
Staff documentation During the 24 month
Grant cycle
2.3
Page 96 of 205
Page 5 of 6
Goal 3: The Advocate will maintain best practices by networking and participating in community task force meetings
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
3.1 The Advocate will attend 3 Sexual
Assault Response Team meetings.
The Advocate will
network with those
working to end sexual
assault and learn best
practices to better
serve victims
Staff documentation During the 24 month
Grant cycle
3.2 The Advocate will attend 4 Englewood
Schools interagency team meetings
The Advocate will
network with the
school counselors and
others on the team to
best assist victims of
crime from
Englewood Schools
Staff documentation During the 24 month
Grant cycle
3.3 The Advocate will participate in 6
Multidisciplinary Team meetings with
Arapahoe County Human Services.
The Advocate will
network with
caseworkers from
Human Services in
order to identify
victims of crime and
offer advocacy,
resources, and victim
compensation
Staff notes and Human
Services
documentation
During the 24 month
Grant cycle
Goal 4:
Objective/Position Title
Responsible
Intended Outcome/Impact Data Collection Timeframe
4.1
4.2
4.3
Page 97 of 205
Page 6 of 6
Overall Project Evaluation:
Describe the approach for evaluating the project in response to the stated objectives, intended outcomes/impact and data collection. See instructions for further information.
The project will have met its goals and objectives by increasing services to victims of crime and providing all victims
with ongoing support during the criminal justice process. The project will have provided all victims with information
on their Rights as well as referrals to resources that may assist victims with recovery. Our goal is to provide safety and
support for victims as well as to educate victims of the Court process and services available. One measure of success
is the rate of acceptance of Victim Compensation applications for counseling. We constantly encourage victims to
participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. The
program also refers victims to community resources to aid with financial recovery. In particular, we refer frequently to
Catholic Charites and Integrated Community Family Services (IFCS) to assist those fleeing violence with financial
assistance for various financial needs, such as rent, cell phone replacement, bus tickets, and moving expenses.
This project success will also be measured by the amount of services provided to victims. We hope to provide services
to 200 more victims per year and to close the gap in services that exists on some nights and weekends. The project
will be successful if we can maintain coverage for the after-hours calls with the new part-time Advocate and the
volunteers. Victims will receive professional and compassionate Advocacy from the program and they will have
knowledge of their Rights, feel supported, and receive appropriate referrals for assistance in recovery. The project will
also be successful through community networking and participation in Multi-Disciplinary Teams and training.
To evaluate the program’s success, we aim to:
Provide direct services to 200 more victims per year;
To provide crisis intervention to 250 victims on-scene;
To assist 250 victims with applications for Victim Compensation;
To provide 100 victims with case updates and support through the criminal justice process;
To assist 50 victims through the Englewood Municipal Court process;
To provide 200 victims with referrals to community based assistance;
To participate in Multi-Disciplinary teams to further knowledge and networking; and
To provide continuous coverage for Victim Assistance through volunteers and the new part-time Advocate.
Page 98 of 205
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Page 1 of 7
Applicant Agency:
Project Title:
(Please do not enter any information in these two summary grids - they will automatically calculate from the next three tabs within this worksheet)
Total 2 Year Budget Summary Grant
Funds Cash Match In-Kind
Match
2 Year Project
Total
Personnel $47,850 $0 $12,713 $60,563
Supplies & Operating $2,400 $0 $0 $2,400
Travel $600 $0 $0 $600
Equipment $0 $0 $0 $0
Consultants / Contracts $0 $0 $0 $0
Indirect Costs $0 $0
GRAND TOTAL 2 Year Budget $50,850 $0 $12,713 $63,563
Personnel Summary Total
Personnel
Annual
Budget
Year 1
(CY19)
Total to be
Paid by Grant
Year 1
(CY19)
% Paid by
Grant
(CY19)
Annual
Budget
Year 2
(CY20)
Total to be
Paid by
Grant
Year 2
(CY20)
% Paid by
Grant
(CY20)
Total to be Paid
by Grant for 2
years
Position # 1 $23,925 $23,925 100%$23,925 $23,925 100%$47,850
Total Personnel $23,925 $23,925 100%$23,925 $23,925 100%$47,850
City of Englewood, by and through the Englewood Police Department
Victim Advocate
Year 1 Year 2
Total Match
$12,713
$0
$0
$0
$0
$12,713
Page 99 of 205
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Page 2 of 7
Position # 1
Annual Budget
Year 1
(CY19)
% Paid
by Grant
(CY19)
Total to be
Paid by Grant
for 1st year
Annual Budget
Year 2
(CY20)
% Paid
by Grant
(CY20)
Total to be Paid
by Grant for
2nd year
Total to be Paid by
Grant for 2 years
To be determined
Title Victim Advocate
Salary $23,925 100%$23,925 $23,925 100%$23,925 $47,850
Fringe/Benefits $0 0%$0 $0 0%$0 $0
TOTAL $23,925 100%$23,925 $23,925 100%$23,925 $47,850
Hours per week position works for agency:20 $47,850
PERSONNEL
Type Position #1 budget narrative & justification below:
Total Grant $ Position #1
The Part-Time Victim Advocate will work 20 hours per week. Anticipated shifts are swing shift weekends and one week day shift. This request is for salary. Salary
request for two years of $47,850.00.
Page 100 of 205
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Page 3 of 7
Supplies & Operating Item Total to be Paid
by Grant Funds
COVA Registration $2,400
$2,400
Travel Item Total to be Paid
by Grant Funds
Lodging for the COVA Conference $600
$0
$600
Equipment Item Total to be Paid
by Grant Funds
$0
$0
Consultants / Contracts Item Total to be Paid
by Grant Funds
$0
$0
Indirect Costs Total to be Paid by
Grant Funds
$0
2-Yr. Budget for All other Budget Categories
(Supplies & Operating / Travel / Equipment / Consultants-Contracts / Indirect Cost)
Item Calculations
Conference registration $400 x 3 advocates = $1,200 x 2 years = $2,400
Item Calculations
Consultant/Contractor Calculations
Total Travel:
List the % of the approved federal negotiated indirect rate or 10% de minimus indirect rate details
Three nights each year at $300 x 2 years = $600
Travel Budget Narrative/Justification Below:
Item Calculations
TOTAL Supplies & Operating:
As part of best practice, we would like to send 3 advocates each year to the COVA conference.
Supplies & Operating Budget Narrative/Justification below:
Total Equipment:
Equipment Budget Narrative/Justification Below:
Colorado Organization for Victim Assistance hosts an annual conference that will help the two full time and one part time Advocates network and provide
best practices.
Indirect Costs Budget Narrative/Justification below:
TOTAL Consultants / Contracts:
Consultants / Contracts Budget Narrative/Justification below:
Page 101 of 205
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Page 4 of 7
PERSONNEL MATCH (Employees / volunteers of the applicant agency)
Employee / Volunteer / Job Title CASH MATCH IN-KIND
MATCH TOTAL MATCH
Victim Advocate Volunteers 1,271.30 hours x $10/hour = $12,713 $0 $12,713 $12,713
$0 $0 $0
Subtotal $0 $12,713 $12,713
SUPPLIES and OPERATING MATCH
(Copying, rent, phone, registration fees and other items under $5,000)CASH MATCH IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
Subtotal $0 $0 $0
TRAVEL MATCH CASH MATCH IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
Subtotal $0 $0 $0
EQUIPMENT MATCH CASH MATCH IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
Subtotal $0 $0 $0
CONSULTANTS / CONTRACTS MATCH CASH MATCH IN-KIND
MATCH TOTAL MATCH
$0 $0 $0
Subtotal $0 $0 $0
INDIRECT MATCH
Subtotal
CASH MATCH IN-KIND
MATCH
TOTAL
MATCH
TOTAL MATCH FOR 2-YEAR PROJECT $0 $12,713 $12,713
Volunteers will be used to provide victim advocacy. 1,271.30 total hours over the two year grant period x $10/hour = $12,713
Source of Match:
Source of Match:
2 Year - Project Match (Cash and/or In-Kind)
Source of Match: Volunteer hours
Source of Match:
Source of Match: Police Operating Funds for Per diem
Source of Match:
CASH MATCH
$0
$0
Match Budget Narrative and Justification below:
Page 102 of 205
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Page 5 of 7
Financial Management Questions
Crime Victims Services Grant Program
This section must be completed in cooperation with the designated Financial Officer assigned to this
grant/project. Complete this form in Excel. Upload the completed electronic version on the "Documents"
tab in ZoomGrants.
Enter your response in the field BELOW the question. The questions that use a dropdown menu, click on
the space below the question and an arrow will appear to the right of the field showing you the dropdown
options.
1. What accounting system does your organization use? List the name and a brief description of the
system. (maximum length = 1,000 characters)
New World (a Tyler Product). New World is a full service Enterprise Resource Planning (ERP) providing functionality for Financial
functions and HR functions. The City successfully migrated from Oracle to New World in 2017.
2. This grant will be on a cost reimbursement basis. What will be your organization's source of cash and
how will your organization manage its cash flow between the time costs are incurred and reimbursed?
(maximum length = 1,000 characters)
The City's source of cash is through Tax Revenue. The cash flow will be managed from City general fund reserves. These reserves
are currently at 24.7% of Annual expenditures of approximately $900M. Reimbursement received will be contributed back into the
reserves.
3a. Which of the following applies to your agency? (select an option from the dropdown box)
Agency has over $300,000 in revenue from all combined sources.
Submit the most recent Financial Audit to DCJ via ZoomGrants "Documents".
3b. Date of most recent A-133 Audit, Financial Audit or Financial Review?
31-Dec-16
3c. Date the recent A-133 Audit, Financial Audit or Financial Review was sent to DCJ?
3/9/2018
3d. Were there any findings, questioned costs or unallocated costs? (select an option from the dropdown
box)
No
Page 103 of 205
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Page 6 of 7
Criteria for managing grant funds
Please respond to the following questions regarding whether your accounting system meets the criteria for
managing grant funds. These are items that will be monitored by the Division of Criminal Justice (DCJ) staff
either by site visits or other reporting mechanisms.
4. Does your accounting system separate all revenues and expenditures by funding source? (select an
option from the dropdown box)
Yes
5. Does your accounting system track revenues and expenditures for each grant award separately through
a sub-ledger system? (select an option from the dropdown box)
Yes
6. Does your accounting system allow expenditures to be classified by the broad budget categories listed in
the approved budget in your grant, i.e. Personnel, Supplies and Operating, Travel, Equipment and
Professional Services? (select an option from the dropdown box)
Yes
7. Does your organization have written financial policies and procedures (specific to grants) in place that
describe items such as: meeting all grant requirements, the preparation of grant financial reports and
statements, the disclosure of financial documents, the ability for staff to prevent and detect
misstatements in financial reporting, a method to trace funds, and a process to maintain and safeguard all
cash, real and personal property, and other assets? (select an option from the dropdown box)
No
8. Is this grant request for less than $100,000? (select an option from the dropdown box)
Yes
9. Is this grant request for a new project? (select an option from the dropdown box)
Yes
10. Has your organization been in existence for three (3) years or more? (select an option from the
dropdown box)
Yes
11. Does the staff assigned to this project have two (2) or more year's prior experience with projects with
the same or similar requirements? (select an option from the dropdown box)
Yes
12. Does your organization have internal controls in place, such as: a review process to determine
reasonableness, allowability and allocability of costs, separation of duties, dual signatures on certain
checks, reconciliations or other fiduciary oversight? (select an option from the dropdown box)
Yes
13. Does your organization reconcile sub-ledgers to your general ledger at least monthly or quarterly if the
applicant is a governmental entity? (select an option from the dropdown box)
Yes
14. Are accounting records supported by source documentation such as invoices, receipts, timesheets,
etc.? (select an option from the dropdown box)
Yes
Page 104 of 205
EXHIBIT F - BUDGET and BUDGET NARRATIVE
Page 7 of 7
15. Does your organization routinely record the grant number or other unique identifier on all source
documents such as invoices, receipts, time records, deposit records, etc.? (select an option from the
dropdown box)
No
16. Does your organization maintain time sheets approved by the employee, supervisor and project
director for each employee paid by these grant funds? (select an option from the dropdown box)
Yes
17a. Will this grant funded project generate program income? (select an option from the dropdown box)
No
17b. If "Yes", does your accounting system have the ability to track these funds separately? (select an
option from the dropdown box)
Yes
18. [Non-governmental agencies only] Do the Board bylaws and policies describe the involvement of the
Board in the financial oversight and direction of your agency? (select an option from the dropdown box)
19. Does your accounting system have the ability to track in-kind and/or cash match funds? (select an
option from the dropdown box)
Yes
20. Are you able to ensure that you will not be using these grant funds to provide services that will be paid
by Victim Compensation? (select an option from the dropdown box)
Yes
18. If you answered "No" to any one question (4-7, 12-16, 18-20) above, please provide a brief explanation
below. Please refer to question #. (maximum length = 500 characters)
7.Grant funding is not a large portion of our revenues. Grant activity is tracked by project number and reviewed by the grant
manager and accounting to ensure compliance with the grant terms before reimbursement is requested.
15.The grant identification number (project number) is not recorded on source documents, however, each is reviewed against the
accounting record prior to requesting reimbursement. Email response: Finance department will code and track separately for this
new position.
Page 105 of 205
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie McKinnon
DEPARTMENT: City Clerk's Office
DATE: December 3, 2018
SUBJECT: CB 44 - Liquor Code Update
DESCRIPTION:
CB 44 - Liquor Code Update
RECOMMENDATION:
Staff request that City Council approve an ordinance updating the City of Englewood's Municipal
Code and bringing it into alignment with State Statutes.
PREVIOUS COUNCIL ACTION:
No previous Council action has been taken on this item.
SUMMARY:
The Colorado State Legislature passed House Bill 18-1025 which relocated non-substantive
laws related to the regulation of alcohol beverages from Title 12, Colorado Revised Statutes, to
a new Title 44 as part of the organization re-codification of Title 12. The code update will put
the City of Englewood's Municipal Code in alignment with State Statutes.
FINANCIAL IMPLICATIONS:
None.
ALTERNATIVES:
There are no alternatives.
ATTACHMENTS:
Council Bill 44
Page 106 of 205
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 44
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, INCLUDING
SECTIONS 1 AND 2 OF CHAPTER 3, SECTIONS 1, 3, 5, AND 8 OF
ARTICLE A, SECTIONS 2, 10, AND 11 OF ARTICLE B, AND SECTIONS
1, 3, 5, OF ARTICLE C, ALL OF THE ENGLEWOOD MUNICIPAL CODE
2000, TO REMOVE STATUTORY CITATIONS TO SUPERSEDED
STATUTES AND INSERT STATUTORY CITATIONS TO CURRENT
STATUTES.
WHEREAS, The Colorado State Legislature passed House Bill 18-1025 concerning the
nonsubstantive relocation of laws related to the regulation of alcohol beverages from Title 12,
Colorado Revised Statutes, to a new Title 44, as part of the organizational recodification of Title
12; and
WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes
within its Title 5, Chapter 3, including its Articles A, B, and C, all regarding alcoholic beverages.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Title 5, Chapter 3 shall be amended as follows:
5-3-1: Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
3.2% Beer: See Fermented Malt Beverages, herein.
Director: The Director of Finance.
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 and not more
than three and two-tenths percent (3.2%) alcohol by weight or four percent (4%) of alcohol by
volume, except that "fermented malt beverage" shall not include confectionery containing alcohol
within the limits as prescribed by C.R.S., § 44-3-103(18) and 44-4-103 25-5-410(1)(i)(II).
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 more than three and two-tenths percent
Page 107 of 205
2
(3.2%) of alcohol by weight or four percent (4%) of alcohol by volume. not less than one-half of
one percent 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 of one percent
alcohol and which are fit for use for beverage purposes. And containing 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 above defined, including
malt 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.
5-3-2: License Required.
No person shall manufacture for sale or gift, sell or keep for sale, or permit another to keep
for sale or sell, any intoxicating liquor, beer, malt liquor or wine, on any premises owned or
controlled by the person, without a duly issued license therefor, all in accordance with Articles 3
(Alcohol Beverages), 4 (Fermented Malt Beverages), and 5 (Liquors) of Title 44, C.R.S. 2018.
Section 2. Title 5, Chapter 3A shall be amended as follows:
5-3A-1: Purpose.
In pursuance of the authority conferred in Articles 46, 47 and 48 3, 4, and 5, of Title 44, C.R.S.
1973 2018 this article is enacted for the purpose of promoting the health, safety and welfare of the
present and future inhabitants of the City by regulating, controlling and licensing the sale of malt,
vinous and spirituous liquors and alcohol beverages, fermented malt beverages.
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
Page 108 of 205
3
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. 2018Articles 46, 47 and 48 of Title 12, C.R.S. 1973.
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. 2018Article 48 of Title 12, C.R.S., 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. 12-47-302 44-3-302, and C.R.S. 12-47-303 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 permits issued in accordance with C.R.S. 12-47-301(10) C.R.S. 44-3-
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.
Page 109 of 205
4
5-3A-5: Notice and Hearing Procedures.
A. Public Notice. The authority shall cause to be posted and published public notice of the
hearing to be held on the application as provided in Articles 46, 47 and 48 3, 4, and 5, of Title
44, C.R.S. 1973 2018 and the regulations promulgated thereunder.
B. Investigation. The application, including any and all investigations performed by the
designated representative of the City Manager, shall be received by the authority and applicant
at least five (5) days prior to the date of hearing on said application and shall be available to
any interested party at least five (5) days prior to the hearing. Petitions shall be presented to
the City Clerk three (3) working days before the hearing date.
C. Public Hearing.
1. The Licensing Authority shall promulgate rules of procedure for the conduct of all
hearings on applications for licenses or for revocation or suspension of licenses.
2. The Licensing Authority shall have the power to administer oaths and issue subpoenas
to require the presence of persons and the production of papers, books and records
necessary to the determination of any hearing which the Licensing Authority is authorized
to conduct. It shall be unlawful for any person to fail to comply with any subpoena issued
by the authority in the proper conduct of its hearings. The Municipal Court of the City
shall enforce the subpoenas of the Licensing Authority, and upon good cause shown, shall
enter its orders compelling witnesses to attend and testify or produce books, records or
other evidence, and shall impose penalties of punishment for contempt in case of failure
to comply with such orders.
3. A subpoena shall be served in the same manner as a subpoena issued by the District Court
of the State of Colorado. Upon failure of any witness to comply with such subpoena, the
City Attorney shall, at the direction of the authority:
a. Petition any judge of the Municipal Court of the City, setting forth that due notice
has been given of the time and place of attendance of the witness and the service of
the subpoena, that the court, after hearing evidence in support of or contrary to the
petition, enter its order compelling the witness to attend and testify or produce books,
records or other evidence, under penalty of punishment for contempt in case of
willful failure to comply with such order of court, or
b. Petition the District Court in and for the County of Arapahoe, setting forth that due
notice has been given of the time and place of attendance of the witness and the
service of the subpoena, that the court after hearing evidence in support of or contrary
to the petition, enter its order as in other civil actions, compelling witness to attend
and testify or produce books, records or other evidence, under penalty of punishment
for contempt in case of willful failure to comply with such order of court.
Page 110 of 205
1
5-3A-8: Change in Location, Ownership, Name.
A. Location, Ownership or Management of Any Licensed Premises: Any licensee desiring to
change location, ownership or management of the licensed premises shall submit an
application for said change to the City Clerk, which application shall be in conformity with
the Colorado Liquor Code and contained in Articles 46, 47 and 48 3, 4, and 5, of Title 44,
C.R.S. 1973 2018 and the ordinances of the City.
B. Trade Name or Remodeling:
1. Any licensee desiring to change the trade name of the licensed premises or enlarge,
modify, remodel or redecorate any premises licensed herein shall make application to the
authority in conformity with the Colorado Liquor Code and contained in Articles 46, 47
and 48 3, 4, and 5, of Title 44, C.R.S. 1973 2018 and the ordinances of the City.
2. Any application to enlarge, modify, remodel or redecorate any premises licensed herein
shall include as part of the application a detailed floor plan, including plans and
specifications for any changes in both the interior and exterior of said premises.
Section 3. Title 5, Chapter 3B shall be amended as follows:
5-3B-2: License Required.
Unless otherwise provided by State law, it shall be unlawful for any person within the City to
manufacture, sell, or possess for sale any malt, vinous, spirituous liquors or fermented malt
beverages unless licensed to do so as provided by both this chapter and applicable provisions of
Articles 3, 4, and 5 of Title 44, C.R.S. 2018Title 12, Articles 46, 47, and 48, C.R.S., and said
licenses required are in full force and effect and applicable fees and taxes have been paid in full.
5-3B-10: Optional Premises Liquor License and Optional Premises with Hotel/Restaurant Liquor
License.
A. Standards adopted. The following standards for the issuance of optional premises licenses
or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the
provisions of C.R.S. § 12-47-310 44-3-310.
1. Standards. These standards adopted herein shall be considered in addition to all other
standards applicable to the issuance of licenses under the Colorado Liquor Code for
optional premises license or for optional premises for a hotel and restaurant license. These
two types of licenses for optional premises will collectively be referred to as "optional
premises" in these standards unless otherwise provided.
2. Eligible facilities. An optional premises may only be approved when that premises is
located on or adjacent to an outdoor sports and recreational facility as defined in Section
12-47-103(22)(a) 44-3-103(22)(a). The types of outdoor sports and recreational facilities
which may be considered for an outdoor premises license include the following:
a. Country clubs;
b. Golf courses and driving ranges;
c. Ice skating arenas;
d. Mini golf course;
Page 111 of 205
2
e. Swimming pools; and
f. Outdoor tennis courts and clubs.
There are no restrictions on the minimum size of the outdoor sports and recreational
facilities which may be eligible for the approval of an optional premises license.
However, the Englewood Liquor Licensing Authority may consider the size of the
particular outdoor sports or recreational facility in relationship to the number of optional
premises requested for the facility, and may deny any optional premises application if the
it considers the related facility to be too small to require an optional premises.
3. Number of optional premises. The Englewood Liquor Licensing Authority, in its
discretion, may restrict the number of optional premises which any one licensee may
have. Any licensee requesting approval of more than one optional premises shall:
a. Explain the reason for each optional premises requested;
b. Demonstrate how the optional premises relate to each other from an operational
standpoint;
c. Demonstrate to the satisfaction of Englewood Liquor Licensing Authority the need
for each optional premises in relationship to the outdoor sports and recreational
facility and its guests; and
d. Demonstrate that the optional premises will not adversely affect the neighborhood
in which it is located.
4. Submittal requirements. When submitting a request for the approval of an optional
premises initially and annually thereafter, an applicant shall also submit the following:
a. An application fee per optional premises and the local and State license fees;
b. A map or other drawing illustrating the outdoor sports or recreational facility
boundaries and the approximate location of each optional premises requested;
c. A legal description of the approximate area within which the optional premises shall
be located;
d. A description of the method which shall be used to identify the boundaries of the
optional premises when it is in use;
e. A description of the provisions which have been made for storing vinous and
spirituous liquors in a secured area, on or off the optional premises, for the future use
of the optional premises; and
f. A description of the method which will be used to identify and control the optional
premises when it is in use. For example, the applicant may describe the types of
signs, fencing or other notices or barriers to be used in order to control the optional
premises.
B. Advance notification. Pursuant to Section 12-47-310 44-3-310(3) and (4), C.R.S., no
alcoholic beverages may be served on an optional premises without the licensee having
provided written notice to the State and the Englewood Liquor Licensing Authority.
Page 112 of 205
3
C. Notice and hearing procedures. The notice, standards and hearing procedures of the
Englewood Municipal Code [section] 5-3A-5 and the Colorado Liquor Code shall be used.
5-3B-11: Definitions.
Definitions not specifically enumerated herein shall be as defined in Title 12, Articles 46, 47
and 48, C.R.S. Articles 3, 4, and 5 of Title 44, C.R.S. 2018.
Section 4. Title 5, Chapter 3C shall be amended as follows:
5-3C-1: Unlawful to Take Orders, Handle.
A. It shall be unlawful for any person to solicit or take any order or orders for any purchase or
purchases of intoxicating liquors in any manner whatsoever, except as in this Chapter
provided.
B. It shall be unlawful for any person to carry on or about his person, or for any person to engage
or employ any other person to so carry, in any quantity, any intoxicating liquors for the
purpose of selling, bartering, exchanging, giving away or illegally delivering the same in the
City.
C. Unlawful acts—Exceptions.
1. Except as provided in C.R.S. § 18-12-122 18-13-122, it is unlawful for any person:
(a) To sell, serve, give away, dispose of, exchange, or deliver or permit the sale,
serving, giving or procuring of any alcohol beverage to a visibly intoxicated person
or to a known habitual drunkard.
(b) To sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving,
giving, or procuring of any alcohol beverage to or for any person under the age of
twenty-one (21) years.
5-3C-3: Unlawful to Possess Open Container of Intoxicating Liquor in Public.
A. It shall be unlawful for any person to have in his possession or under his control in any public
place any intoxicating liquor in any container of any kind or description which is not sealed
or on which the seal is broken, notwithstanding any provision of C.R.S. § 12-47- 44-3-423 to
the contrary, a licensee described in Subsection 2 may permit a customer of the licensee to
reseal and remove from the licensed premises one (1) opened container of partially consumed
vinous liquor purchased on the premises so long as the originally sealed container did not
contain more than seven hundred fifty (750) milliliters of vinous liquor.
1. The provisions of this section shall apply to a licensee:
(a) That is duly licensed as a manufacturer's licensee under Colorado Revised Statutes
§ 44-3-40212-47-402, a limited winery licensee under § 44-3-40312-47-403, a beer
and wine licensee under § 44-3-41112-47-409, a hotel and restaurant licensee under
§ 44-3-41312-47-411, a tavern licensee under § 44-3-41412-47-412, a brew pub
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licensee under § 44-3-41712-47-415, or a vintner's restaurant licensee under § 44-
3-42212-47-420; and
(b) That has meals, as defined in §44-3-103(31)12-47-103(20) available for
consumption on the licensed premises.
B. It shall be unlawful for any person to have in his possession or under his control any
intoxicating liquor in any container of any kind or description which is not sealed or on which the
seal is broken, in any vehicle in those areas accessible to the driver and passengers of said vehicle
when such vehicle is in a public place.
This subsection shall apply to possession of intoxicating liquor in a vehicle, in areas of the vehicle
accessible to the driver or passengers, when such vehicle is in a public place.
C. Exemption: The Englewood Liquor Licensing Authority may grant a special events permit
under the procedures set forth in the liquor code.
D. Concerning alcoholic beverages in motor vehicles:
1. Except as otherwise permitted in paragraph 3, a person while in the passenger area of a
motor vehicle that is on a public highway of this State or the right-of-way of a public
highway of this State may not knowingly:
(a) Drink an alcoholic beverage; or
(b) Have in his or her possession an open alcoholic beverage container.
2. The provisions of this Section (D) shall not apply to:
(a) Passengers, other than the driver or a front seat passenger, located in the passenger
area of a motor vehicle designed, maintained or used primarily for the transportation
of persons for compensation;
(b) The possession by a passenger, other than the driver or front seat passenger, of an
open alcoholic beverage container in the living quarters of a house coach, house
trailer, motor home, as defined in C.R.S. § 42-1-102(57), or trailer coach, as defined
in C.R.S. § 42-1-102(106)(a);
(c) The possession of an open alcoholic beverage container in the area behind the last
upright seat of a motor vehicle that is not equipped with a trunk; or
(d) The possession of an open alcoholic beverage container in an area not normally
occupied by the driver or a passenger in a motor vehicle that is not equipped with a
trunk.
3. A person who violates the provisions of this Section (D) commits a traffic violation and
shall be punished pursuant to the Englewood Municipal Code.
E. Definitions. For purposes of this Section:
Alcoholic Beverage : Means a beverage as defined in 23 CFR 1270.3(a).
Container: Includes, but is not limited to, any decanter, bottle, can, jar, thermos bottle or
jug.
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Motor Vehicle : Means a vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways but does not include a vehicle operated exclusively on a
rail or rails.
Open Alcoholic Beverage Container : Means a bottle, can or other receptacle that contains
any amount of alcoholic beverage and:
(a) That is open or has a broken seal; or
(b) The contents of which are partially removed.
Passenger Area : Means the area designed to seat the driver and passengers while a motor
vehicle is in operation and any area that is readily accessible to the driver or a passenger while
in his or her seating position, including, but not limited to, the glove compartment.
Public Place: Property either owned or controlled by a governmental entity, and shall
include any place open to the general public, either free or by payment of an entrance fee, any
sidewalk, street, alley, parking lot, park, poolroom, field house, stadium or ball park.
Seal: Includes the regular and original tax seal applied by order of the United States
government over the cap of each and every container of intoxicating beverages.
5-3C-5: Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person.
A. Definitions: For the purpose of this Section the following definitions apply unless the context
otherwise requires:
Establishment: A business, firm, enterprise, service or fraternal organization, club, institution,
entity, group, or residence, and any real property, including buildings and improvements,
connected therewith, and shall also include any members, employees, and occupants associated
therewith.
Ethyl Alcohol: Any substance which is or contains ethyl alcohol.
Possession of Ethyl Alcohol: Means that a person has or holds any amount of ethyl alcohol
anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol
within his immediate presence and control.
Private Property: Any dwelling and its curtilage which is being used by a natural person or
natural persons for habitation and which is not open to the public and privately owned real property
which is not open to the public. "Private property" shall not include:
1. Any establishment which has or is required to have a license pursuant to Article 46, 47,
or 48 of Title 12, C.R.S. Articles 3, 4, and 5 of Title 44, C.R.S. 2018;
2. Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or
3. Any establishment which leases, rents, or provides accommodations to members of the
public generally.
B. 1. Any person under twenty-one (21) years of age who possesses or consumes ethyl alcohol
commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal
possession or consumption of ethyl alcohol by an underage person is a strict liability offense.
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C. It shall be an affirmative defense to the offense described in subsection B of this Section that
the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age
under the following circumstances:
1. While such person was legally upon private property with the knowledge and consent of
the owner or legal possessor of such private property and the ethyl alcohol was possessed
or consumed with the consent of his parent or legal guardian who is present during such
possession or consumption; or
2. When the existence of ethyl alcohol in a person's body was due solely to the ingestion of
a confectionery which contained ethyl alcohol within the limits prescribed by Section 18-
13-122(5)(b)25-5-410(1)(I)(II), C.R.S., or the ingestion of any substance which was
manufactured, designed, or intended solely for medicinal or hygienic purposes, or solely
from the ingestion of a beverage which contained less than one-half of one percent (.5%)
of ethyl alcohol by weight.
D. The possession or consumption of ethyl alcohol shall not constitute a violation of this Section
if such possession or consumption takes place for religious purposes protected by the First
Amendment to the United States Constitution.
E. Prima facie evidence of a violation of subsection B of this Section shall consist of:
1. Evidence that the defendant was under the age of twenty-one (21) years and possessed
or consumed ethyl alcohol anywhere in this State; or
2. Evidence that the defendant was under the age of twenty-one (21) years and manifested
any of the characteristics commonly associated with ethyl alcohol intoxication or
impairment.
F. During any trial for a violation of subsection B of this Section, any bottle, can, or any other
container with labeling indicating the contents of such bottle, can, or container shall be
admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is
appropriate, may consider the information upon such label in determining whether the
contents of the bottle, can, or other container were composed in whole or in part of ethyl
alcohol. A label which identifies the contents of any bottle, can, or other container as "beer,"
"ale," "malt beverage," "fermented malt beverage," "malt liquor," "wine," "champagne,"
"whiskey," or "whisky," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur,"
"cordial," "alcohol," or "liquor" shall constitute prima facie evidence that the contents of the
bottle, can, or other container was composed in whole or in part of ethyl alcohol.
G. A parent or legal guardian of a person under twenty-one (21) years of age or any natural
person who has the permission of such parent or legal guardian, may give, or permit the
possession and consumption of, ethyl alcohol to or by a person under the age of twenty-one
(21) years under the conditions described in paragraph 1 of subsection C of this Section. This
subsection G shall not be construed to permit any establishment which is or is required to be
licensed pursuant to Article 46, 47, or 48 of Title 12, C.R.S. Articles 3, 4, and 5 of Title 44,
C.R.S. 2018, or any members, employees, or occupants of any such establishment to give,
provide, make available, or sell ethyl alcohol to a person under twenty-one (21) years of age.
H. Nothing in this Section shall be construed to limit or preclude prosecution for any offense
pursuant to Article 46, 47, or 48 of Title 12, C.R.S. Articles 3, 4, and 5 of Title 44, C.R.S.
2018, except as provided in such Articles.
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I. The qualitative result of an alcohol test or tests shall be admissible at the trial of any person
charged with a violation of subsection B of this Section upon a showing that the device or
devices used to conduct such test or tests have been approved as accurate in detecting alcohol
by the Executive Director of the Department of Health.
J. Official records of the Department of Health relating to the certification of breath test
instruments, certification of operators and operator instructors of breath test instruments,
certification of standard solutions, and certification of laboratories shall be official records of
the State. Copies of such records, attested by the Executive Director of the Department of
Health or his deputy and accompanied by a certificate bearing the official seal for said
Department, which state that the Executive Director of the Department has custody of such
records, shall be admissible in Court and shall constitute prima facie evidence of the
information contained in such records. The official seal of the Department described in this
subsection may consist of a rubber stamp producing a facsimile of the seal stamped upon the
document.
K. In any judicial proceeding in the Englewood Municipal Court concerning a charge under
subsection B of this Section, the Court shall take judicial notice of methods of testing a
person's blood, breath, saliva or urine for the presence of alcohol and of the design and
operation of devices certified by the Department of Health for testing a person's blood, breath,
saliva, or urine for the presence of alcohol. This subsection K shall not prevent the necessity
of establishing during a trial that the testing devices were working properly and that such
testing devices were properly operated. Nothing in this subsection K shall preclude a
defendant from offering evidence concerning the accuracy of testing devices.
Section 5. 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.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for the health,
safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 19th day of November, 2018.
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Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of
November, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of
November, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of December, 2018.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 6th
day of December, 2018.
Published by title on the City’s official website beginning on the 5th day of
December, 2018 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 2018.
Stephanie Carlile
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Linda Olson, 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 19th day of November, 2018.
Stephanie Carlile
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Jackie McKinnon
DEPARTMENT: City Clerk's Office
DATE: December 3, 2018
SUBJECT: CB 45 - Marijuana Code Update
DESCRIPTION:
CB 45 - Marijuana Code Update
RECOMMENDATION:
Staff request City Council approve an ordinance updating the City of Englewood's Municipal
Code and bringing it into alignment with State Statutes.
PREVIOUS COUNCIL ACTION:
No previous action has been taken by City Council regarding this item.
SUMMARY:
The Colorado State Legislature passed House Bill 18-1023 which relocated non-substantive
laws related to the legalization of marijuana from Title 12, Colorado Revised Statutes, to a new
Title 44 as part of the organization re-codification of Title 12. The code update will put the City
of Englewood's Municipal Code in alignment with State Statutes.
ANALYSIS:
None.
FINANCIAL IMPLICATIONS:
None.
ALTERNATIVES:
There are no alternatives.
ATTACHMENTS:
Council Bill 45
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BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 45
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3E, SECTIONS
ALL OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO REMOVE
STATUTORY CITATIONS TO SUPERSEDED STATUTES AND INSERT
STATUTORY CITATIONS TO CURRENT STATUTES.
WHEREAS, The Colorado State Legislature passed House Bill 18-1023 concerning the
nonsubstantive relocation of laws related to the legalization of marijuana from Title 12, Colorado
Revised Statutes, to a new Title 44, as part of the organizational recodification of Title 12; and
WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes
within its Title 5, Chapter 3, Article E, regarding recreational marijuana.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Title 5, Chapter 3D shall be amended as follows:
5-3D-2: Powers and Duties of the Local Licensing Authority.
A. The Local Licensing Authority 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. 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. The Local Licensing Authority hereby adopts the minimum licensing requirements of Article
43.3 11 of Title 12 44 C.R.S. when issuing a License.
D. In addition to all other standards applicable to the issuance of licenses under this Code, the
Local Licensing Authority hereby adopts 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
11 of Title 12 44 C.R.S. and this Code as follows:
1. Distance restrictions between premises in or out of City limits for which Local Licenses
are issued;
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(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.
(a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed
five thousand (5,000) square feet.
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.
(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.
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 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.
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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 11 of Title 12 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.
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 43.3 11 of Title 12 44 C.R.S.
Licensee: means a person licensed or registered pursuant to Article 43.3 11 of Title 12 44
C.R.S. and this Title.
Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana
Licensing Authority.
Local Licensing Official: means the Director of Finance and Administrative Services or
designee.
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 44 C.R.S.; Article 43.3 11 of Title 12 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 43.3 11 of Title 12
44 C.R.S. to operate a business as described in Article 43.3 11 of Title 12 44 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
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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 11 of Title 12 44C.R.S. to operate a business as described in Article 43.3 11 of Title 12 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 43.3 11 of Title 12 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 43.3 11 of Title 12 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 43.3 11 of Title 12 44 C.R.S.
5-3D-9: Persons Prohibited as Licensees.
The Local Licensing Authority hereby adopts the provisions and restrictions set forth in 12-
43.4-307 44-12-307 C.R.S.
5-3D-10: Restrictions for Applications for New Licenses.
A. The Local Licensing Authority shall not receive or act upon an application for the issuance
of a State or Local License pursuant to this Title.
1. If the application for a State or Local License concerns a particular location that is the
same as or within one thousand feet (1,000') of a location for which, within the two (2)
years immediately preceding the date of the application, the State or a Local Licensing
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Authority denied an application for the same class of license due to the nature of the use
or other concern related to the location;
2. Until it is established that the applicant is, or will be, entitled to possession of the
premises for which application is made under a lease, rental agreement, or other
arrangement for possession of the premises or by virtue of ownership of the premises;
3. For a location in an area where the cultivation, manufacture, and sale of Medical
Marijuana as contemplated is not permitted under the applicable zoning laws.
4. 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 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. In addition to the requirements of Section 12-43.3-303(2) 44-11-303(2) C.R.S., the
Local Licensing Authority shall consider the evidence and make a specific finding
of fact as to whether the building in which the Medical Marijuana is to be sold is
located within any distance restrictions established by or pursuant to this Paragraph
4.
c. 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, using a route of direct
pedestrian access.
5-3D-11: Transfer of Ownership.
A. A State or Local License granted under the provisions of this Title shall not be transferable
except as provided in this Section, but this Section shall not prevent a change of location as
provided in Section 12-43.3-310(13) 44-11-310(13) C.R.S.
B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing
Authorities on forms prepared and furnished by the State Licensing Authority. In determining
whether to permit a Transfer of Ownership, the Local Licensing Authority shall consider only
the requirements of this Title, any rules promulgated by the State or Local Licensing
Authority, and any other local restrictions. The Local Licensing Authority may hold a hearing
on the Application for the Transfer of Ownership. The Local Licensing Authority shall not
hold a hearing until the Local Licensing Authority has posted a notice of hearing in the manner
described in Section 12-43.3-302(2) 44-11-302(2) C.R.S. on the Licensed Medical Marijuana
Center premises for a period of ten (10) days and has provided notice of the hearing to the
applicant at least ten (10) days prior to the hearing. Any transfer of ownership hearing by the
Local Licensing Authority shall be held in compliance with the requirements specified in
Section 12-43.3-302 44-11-302 C.R.S.
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5-3D-12: Licensing in General.
The Local Licensing Authority adopts the provisions and restrictions set forth in 12-43.3-310
44-11-310 C.R.S. and Title 5 Chapter 1 EMC.
5-3D-13: Licensing Renewal.
A. Ninety (90) days prior to the expiration date of an existing License, the State Licensing
Authority shall notify the Licensee of the expiration date by First Class Mail at the Licensee's
address of record with the State Licensing Authority. A Licensee shall apply for the renewal
of an existing License to the Local Licensing Authority not less than forty-five (45) days and
to the State Licensing Authority not less than thirty (30) days prior to the date of expiration.
A Local Licensing Authority shall not accept an application for renewal of a License after the
date of expiration, except as provided in Subsection B of this Section. The State Licensing
Authority may extend the expiration date of the License and accept a Late Application for
Renewal of a License provided that the applicant has filed a timely renewal application with
the Local Licensing Authority. All renewals filed with the Local Licensing Authority and
subsequently approved by the Local Licensing Authority shall next be processed by the State
Licensing Authority. The State or the Local Licensing Authority, in its discretion, subject to
the requirements of this Title and based upon reasonable grounds, may waive the forty-five
(45) day or thirty (30) day time requirement set forth in this Title. The Local Licensing
Authority may hold a hearing on the application for renewal only if the Licensee has had
complaints filed against it; and has a history of violations; or there are allegations against the
Licensee that would constitute good cause. The Local Licensing Authority shall not hold a
renewal hearing provided for by this Title for a Medical Marijuana Center until it has posted
a notice on the Licensed Medical Marijuana Center premises in the manner described in
Section 12-43.3-302(2) 44-11-302(2) C.R.S. for a period of ten (10) days and provided notice
to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may
refuse to renew any License for good cause, subject to Judicial Review.
B. 1. Notwithstanding the provisions of Subsection A of this Section, a Licensee whose License
had been expired for not more than ninety (90) days may file a Late Renewal Application
upon the payment of a Nonrefundable Late Application Fee of Five Hundred Dollars
($500.00) to the Local Licensing Authority. A Licensee who files a Late Renewal
Application and pays the requisite fees may continue to operate until both the State and
Local Licensing Authorities have taken final action to approve or deny the Licensee's
Late Renewal Application unless the State or Local License Authority summarily
suspends the License pursuant to Article 4 of Title 24, C.R.S., this Title, and rules
promulgated pursuant to this Title.
2. The State and Local Licensing Authorities may not accept a Late Renewal Application
more than ninety (90) days after the expiration of a Licensee's Permanent Annual License.
A Licensee whose Permanent Annual License has been expired for more than ninety (90)
days shall not cultivate, manufacture, distribute, or sell any Medical Marijuana until all
required Licenses have been obtained.
3. Notwithstanding the amount specified for the Late Application Fee, the State and Local
Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce
the amount of the fee.
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5-3D-17: Disciplinary Actions: Suspension—Revocation—Fines.
A. In addition to any other sanctions prescribed by the State Licensing Authority or the Local
Licensing Authority has the power, on its own motion or on complaint, after investigation and
opportunity for a Public Hearing at which the Licensee shall be afforded an opportunity to be
heard; to suspend or revoke a License issued by the respective authority for a violation by the
Licensee or by any of the agents or employees of the Licensee of the provisions of this Title,
or any other terms, conditions, or provisions of the License issued by the State or Local
Licensing Authority. The State Licensing Authority or a Local Licensing Authority has the
power to administer oaths and issue subpoenas to require the presence of persons and the
production of papers, books, and records necessary to the determination of a Hearing.
B. The State or Local Licensing Authority shall provide notice of suspension, revocation, fine,
or other sanction, as well as the required Notice of the Hearing pursuant to this Title, by
mailing the same in writing to the Licensee at the address contained in the License. Except in
the case of a Summary Suspension, a suspension shall not be for a longer period than six (6)
months. If a License is suspended or revoked, a part of the fees paid therefore shall not be
returned to the Licensee. Any License or Permit may be summarily suspended by the issuing
Licensing Authority without Notice pending any prosecution, investigation, or Public Hearing
pursuant to the terms of Section 24-4-104(4), C.R.S. or this Title. Nothing in this Section shall
prevent the Summary Suspension of a License pursuant to Section 24-4-104(4), C.R.S. Each
patient registered with a Medical Marijuana Center that has had its License Summarily
Suspended may immediately transfer his or her Primary Center to another Licensed Medical
Marijuana Center.
C. 1. Whenever a decision of the State Licensing Authority or the Local Licensing Authority
suspending a License for fourteen (14) days or less becomes final, the Licensee may,
before the operative date of the suspension, petition for permission to pay a fine in lieu
of having the License suspended for all or part of the suspension period. Upon the receipt
of the petition, the State or Local Licensing Authority may, in its sole discretion, stay the
proposed suspension and cause any investigation to be made which it deems desirable
and may, in its sole discretion, grant the petition if the State or Local Licensing Authority
is satisfied that:
a. The public welfare and morals would not be impaired by permitting the Licensee to
operate during the period set for suspension and that the payment of the fine will
achieve the desired disciplinary purposes;
b. The books and records of the Licensee are kept in such a manner that the loss of sales
that the Licensee would have suffered had the suspension gone into effect can be
determined with reasonable accuracy; and
c. The Licensee has not had his or her License suspended or revoked, nor had any
suspension stayed by payment of a fine, during the two (2) years immediately
preceding the date of the Motion or Complaint that resulted in a final decision to
suspend the License.
2. The fine accepted shall be not less than five hundred dollars ($500.00) nor more than one
hundred thousand dollars ($100,000.00).
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3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's
check made payable to the State or Local Licensing Authority, whichever is appropriate.
D. Upon payment of the fine, the State or Local Licensing Authority shall enter its further order
permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing
Authority, the governing body of the Authority shall cause the moneys to be paid into the
General Fund of the Local Licensing Authority. Fines paid to the State Licensing Authority
shall be transmitted to the State Treasurer who shall credit the same to the Medical Marijuana
License Cash Fund created in Section 12-43.3-501 44-11-501C.R.S.
E. In connection with a petition, the Authority of the State or Local Licensing Authority is
limited to the granting of such stays as are necessary for the Authority to complete its
investigation and make its findings and if the Authority makes such findings, to the granting
of an Order permanently staying the imposition of the entire suspension or the portion of the
suspension not otherwise conditionally stayed.
F. If the State or Local Licensing Authority does not make the findings required in this Section
and does not order the suspension permanently stayed, the suspension shall go into effect on
the operative date finally set by the State or Local Licensing Authority.
G. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions,
and revocations to the State Licensing Authority in a manner required by the State Licensing
Authority. No later than January 15 of each year, the State Licensing Authority shall compile
a report of the preceding year's actions in which fines, suspensions, or revocations were
imposed by Local Licensing Authorities and by the State Licensing Authority. The State
Licensing Authority shall file one copy of the report with the Chief Clerk of the House of
Representatives, one copy with the Secretary of the Senate; and six copies in the Joint
Legislative Library.
Section 2. Title 5, Chapter 3E shall be amended as follows:
5-3E-1: Purpose.
A. The Englewood City Council hereby declares that this Chapter shall be deemed an exercise of
the police powers of the City for the protection of the economic and social welfare and the
health, peace, and morals of the people of the City.
B. The City further declares that it is unlawful to cultivate, manufacture, distribute, or sell Retail
Recreational Marijuana, except in compliance with the terms, conditions, limitations, and
restrictions set forth in this Chapter and Section 16 of Article XVIII of the State Constitution
and Article 43.4 12 of Title 1244, C.R.S., the Colorado Retail Marijuana Code.
5-3E-2: Powers and Duties of the Local Licensing Authority.
A. The Local Licensing Authority 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 the 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 in
accordance with the procedures established pursuant to this Chapter and in Title 5.
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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 the minimum licensing requirements of Article
43.4 12 of Title 1244, C.R.S., to apply to 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.
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. §12-43.4-
101 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. §12-43.3.101 44-11-101, et seq.
Colorado Medical Marijuana Code: Article 43.311 of Title 1244 of the Colorado Revised
Statutes, as amended, and any regulations promulgated thereto.
Colorado Retail Marijuana Code: Article 43.4 12 of Title 1244 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 43.4 12 of Title 1244 C.R.S., and rules
promulgated pursuant to the CRMC, 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 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.
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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.
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 Articles 43.3 11 and 43.4 12 of Title 1244 C.R.S.
5-3E-4: Applications - Licenses.
A. Eligibility for License. A Medical Marijuana Center who is duly licensed under Chapter 3D
of the Code and the Colorado Medical Marijuana Code as of June 1, 2016 shall be permitted
to convert to a Retail Marijuana Store or co-locate a Retail Marijuana Store with its Medical
Marijuana Center by complying with the requirements of Title 5, Chapter 3D of the
Englewood Municipal Code for a renewal of a marijuana license and by submitting an
application as provided in Subsection 5-3E-4(C).
B. An applicant for a Retail Marijuana Store License under this Section 5-3E-4 may either: 1)
surrender its existing Medical Marijuana Center License upon receipt of a Retail Marijuana
Store License, thereby entirely converting an existing Medical Marijuana Center to a Retail
Marijuana Store; or 2) retain its existing Medical Marijuana Center License while co-locating
a Retail Marijuana Store at the same location as permitted by 12-43.3-104 44-11-104 of the
Colorado Retail Marijuana Code.
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C. Application Forms. An application for a License shall be filed with the Local Licensing
Authority on forms provided by the State and Local Licensing Authority. The application shall
contain such information as the State and Local Licensing Authority may require. Each
application shall be verified by the oath or affirmation of the persons prescribed by the State
and Local Licensing Authority. Upon receipt of notice from the State Licensing Authority of
the application for a license under 12-43.4-301 44-12-301 of the Colorado Retail Marijuana
Code, the Local Licensing Authority shall determine whether the applicant qualifies for a
License under this Chapter 5-3E. The Local Licensing Authority shall notify the State and the
Applicant in writing of its determination as to whether the applicant qualifies for a License as
a Retail Marijuana Store no later than forty-five (45) days from the date the application was
originally received by the Local Licensing Authority.
D. Other Requirements. An applicant shall file, at the time of application for a License, plans
and specifications for the interior of the building.
5-3E-5: Denial of Application.
A. The Local Licensing Authority shall deny a Local License if the premises on which the
applicant proposes to conduct its business do not meet the requirements of this Title or for
good cause.
B. If the Local Licensing Authority denies a Local License, the Applicant shall be entitled to a
hearing pursuant to this Title. The Local Licensing Authority shall provide written notice of
the grounds for denial of the Local License to the applicant.
C. If an application is denied, the Licensing Authority shall set forth in writing the grounds for
denial.
5-3E-6: Persons Prohibited as Licensees.
The Local Licensing Authority hereby adopts the provisions and restrictions set forth in 12-
43.4-306 44-12-305 of the Colorado Retail Marijuana Code.
5-3E-7: Restrictions for Applications for Retail Marijuana Store Licenses.
A. The Local Licensing Authority shall not receive or act upon an application for the issuance
of a State or Local License pursuant to this Title:
1. Until it is established that the applicant is, or will be entitled to possession of the premises
for which application is made under a lease, rental agreement, or other arrangement for
possession of the premises or by virtue of ownership of the premises;
2. Where the location is an area where the sale of Retail Marijuana as contemplated is not
permitted under the applicable zoning laws:
a. If the building in which Retail Marijuana is to be sold is located within: (i) two
thousand (2,000) feet of a school, an alcohol or drug treatment facility, or a licensed
child care facility, (ii) within two thousand five hundred (2,500) feet of a licensed
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Retail Marijuana Store or Medical Marijuana Business existing at the time of
application; or (iii) within one hundred (100) feet of any residential dwelling unit in
the City. The provisions of this Section shall not apply to a Retail Marijuana
converted from or co-located with a Medical Marijuana Center under common
ownership as permitted under Section 5-3E-4, or to any facility that has been
previously licensed as a Medical Marijuana Business under the Code. 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 this 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. In addition to the requirements of C.R.S. §12-43.4-301 44-12-301, the Local
Licensing Authority shall consider the evidence and make a specific finding of fact
as to whether the building in which the Retail Marijuana is to be sold is located within
any distance restrictions established by, or pursuant to, this paragraph 2.
c. 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, licensed childcare facility,
residential dwelling unit, or existing Retail Marijuana Store or Medical Marijuana
Business to the nearest portion of the Retail Marijuana Store, using a route of direct
pedestrian access.
d. The City Council may at its discretion decrease, but not increase, the distances
referred to in Subsection 5-3E-7(A)(2)(a).
5-3E-8: Transfer of Ownership.
A. A state or Local License granted under the provisions of this Title shall not be transferable
except as provided in this Section, but this Section shall not prevent a change of location as
provided in C.R.S. §12-43.4-309 44-12-309.
B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing
Authorities on forms prepared and furnished by the State Licensing Authority. In determining
whether to permit a transfer of ownership, the Local Licensing Authority shall consider only
the requirements of this Title, any rules promulgated by the State or Local Licensing
Authority, and any other local restrictions.
5-3E-9: Review and Approval of License.
The Local Licensing Authority adopts the provisions and restrictions set forth in C.R.S. §12-
43.4-309 44-12-309 and Title 5, Chapter 1 of the Englewood Municipal Code.
5-3E-10: Licensing Renewal.
A. A Licensee shall apply for the renewal of an existing License to the Local Licensing
Authority not less than forty-five (45) days prior to the date of expiration. A Local Licensing
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Authority shall not accept an application for renewal of a License after the date of expiration,
except as provided in Subsection (B) of this Section. The State Licensing Authority may
extend the expiration date of the License and accept a late application for renewal of a License
provided that the applicant has filed a timely renewal application with the Local Licensing
Authority. All renewals filed with the Local Licensing Authority and subsequently approved
by the Local Licensing Authority shall next be processed by the State Licensing Authority.
The Local Licensing Authority, in its discretion, subject to the requirements of this Title and
based upon reasonable grounds, may waive the forty-five (45) day time requirement set forth
in this Title. The Local Licensing Authority may hold a hearing on the application for renewal
only if: the Licensee has had written, verifiable complaints filed against it by the State or Local
Licensing Authority: and has a history of violations as evidenced by a written determination
by the State or Local Licensing Authority; or there are formal allegations against the Licensee
that would constitute good cause. The Local Licensing Authority shall not hold a renewal
hearing provided for by this Title for a Retail Marijuana Store until it has posted a notice on
the Licensed Retail Marijuana Store premises in the manner described in C.R.S. §12-43.4-302
44-12-302 for a period not less than ten (10) days and provide notice to the Applicant at least
ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any
License for good cause only after a hearing, subject to judicial review.
B. 1. Notwithstanding the provisions of subsection (A) of this Section, a Licensee whose
License had been expired for not more than ninety (90) days may file a late renewal
application upon the payment of a nonrefundable late application fee of five hundred
dollars ($500.00) to the Local Licensing Authority. A Licensee who files a late renewal
application and pays the requisite fees may continue to operate until both the State and
Local Licensing Authorities have taken final action to approve or deny the Licensee's
Late Renewal Application.
2. The Local Licensing Authority will not accept a Late Renewal Application more than
ninety (90) days after the expiration of a License. If a former Licensee files a renewal
application after ninety (90) days from date of expiration, the application will be treated
as a new license application. A former Licensee whose License has been expired for more
than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Retail
Marijuana until all required Licenses have been obtained.
3. Notwithstanding the amount specified for the late application fee, the State and Local
Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce
the amount of the fee.
5-3E-14: Disciplinary Actions: Suspension—Revocation—Fines.
A. In addition to any other sanctions prescribed by the State Licensing Authority, the Local
Licensing Authority has the power, on its own motion or on complaint, after investigation and
opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be
heard; to suspend or revoke a License issued by the Local Licensing Authority for a violation
by the Licensee or by any of the agents or employees of the Licensee of the provisions of this
Title, or any other terms, conditions, or provisions of the license issued by the State or Local
Licensing Authority. The Local Licensing Authority has the power to administer oaths and
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8
issue subpoenas to require the presence of persons and the production of papers, books, and
records necessary to the determination of a Hearing.
B. The Local Licensing Authority shall provide notice of suspension, revocation, fine, or other
sanction, as well as the required notice of the hearing pursuant to this Title, by mailing the
same in writing to the Licensee at the address contained in the License. A suspension shall
not be for a longer period than six (6) months. If a License is suspended or revoked, a portion
of the fees paid therefore shall not be returned to the Licensee.
C. 1. The Local Licensing Authority may, in its sole discretion, issue a fine in lieu of, or in
addition to, a suspension. When determining whether to impose a fine in lieu of a
suspension, the Local Licensing Authority make findings that:
a. The public welfare and morals would not be impaired by permitting the Licensee to
operate during the period set for suspension and that the payment of the fine will
achieve the desired disciplinary purposes;
b. The books and records of the Licensee are kept in such a manner that the loss of
sales that the Licensee would have suffered had a suspension gone into effect can be
determined with reasonable accuracy; and
c. The Licensee has not had his or her License suspended or revoked, nor had any
suspension stayed by payment of a fine, during the two (2) years immediately
preceding the date of the motion or complaint that resulted in a final decision to
suspend the License.
2. The fine accepted shall be: (a) not less than five hundred dollars ($500.00) nor more than
five thousand dollars ($5,000.00) for license infractions of a minor nature that do not
directly impact the public health, safety, or welfare which shall include but are not limited
to failure to display badges, unauthorized minor modifications of premises of a minor
nature, minor clerical errors in inventory tracking procedures; and (b) not less than one
thousand dollars ($1,000.00) nor more than thirty thousand dollars ($30,000.00) for
violations that have an immediate impact on the public health, safety, or welfare,
including, but not limited to, a violation of C.R.S. §12-43.4 - 901(4)(e) 44-12-901(4)(e).
3. Payment of a fine shall be in the form of cash or in the form of a certified check or
cashier's check made payable to the Local Licensing Authority, whichever is appropriate.
D. Upon payment of the fine, the local Licensing Authority shall enter its further order
permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing
Authority, the governing body of the Authority shall cause the moneys to be paid into the
general fund of the local Licensing Authority.
E. If the Local Licensing Authority does not make the findings required in this Section and does
not order the suspension shall go into effect on the operative date finally set by the Local
Licensing Authority.
F. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions,
and revocations to the State Licensing Authority in a manner required by the State Licensing
Authority.
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5-3E-15: Inspection of Books and Records—Inspection Procedures.
A. Each Licensee shall keep a complete set of all records necessary to show fully the business
transactions of the Licensee, all of which shall be open at all times during business hours for
the inspection and examination by the Local Licensing Authority or its duly authorized
representatives. The Local Licensing Authority may require any Licensee to furnish such
information as it considers necessary for the proper administration of this Title and may
require an audit to be made of the books of account and records on such occasions as it may
consider necessary by an auditor to be selected by the Local Licensing Authority who shall
likewise have access to all books and records of the Licensee, and the expense thereof shall
be paid by the Licensee.
B. The Licensed Premises, including any places of storage where Retail Marijuana is stored,
sold or dispensed shall be subject to inspection by the Local Licensing Authorities and their
investigators, during all business hours and other times of apparent activity, for the purpose
of inspection or investigation. For examination of any inventory or books and records required
to be kept by the Licensees, access shall be required during business hours. Where any part of
the Licensed Premises consists of a locked area, upon demand to the Licensee, such area shall
be made available for inspection without delay, and, upon request by authorized
representatives of the State or Local Licensing Authority, the Licensee shall open the area for
inspection.
C. Each Licensee shall retain all books and records necessary to show fully the business
transactions of the Licensee for a period of the current tax year and the three (3) immediately
prior tax years.
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. 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 19th day of November, 2018.
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Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of
November, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of
November, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of December, 2018.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 6th
day of December, 2018.
Published by title on the City’s official website beginning on the 5th day of
December, 2018 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 2018.
Stephanie Carlile
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Wade Burkholder
DEPARTMENT: Community Development
DATE: December 3, 2018
SUBJECT:
CB 43 - Intergovernmental Subgrantee Agreement for 2018
CDBG Program
DESCRIPTION:
CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program
RECOMMENDATION:
Staff recommends that City Council authorize the execution of an Intergovernmental
Subgrantee Agreement for the 2018 Arapahoe County Community Development Block Grant
Program between the Arapahoe County Board of County Commissioners and the City of
Englewood.
PREVIOUS COUNCIL ACTION:
City Council passed Ordinance 19, Series 2015 authorizing the City's participation in the Urban
County Entitlement Program for CDBG and HOME funds for fiscal years 2016 through 2018 and
Ordinance 12, Series 2018 for fiscal years 2019 through 2021. Council passed Resolution 81,
Series 2017 authorizing the Community Development Department to submit an application for
2018 CDBG funding.
ANALYSIS:
The Federal Community Development Block Grant (CDBG) Program provides grants to units of
local government and urban counties to meet housing and community development needs.
The objective of the Program is achieved through projects developed by the local government
that are designed to give priority to those activities that benefit low and moderate income
families. Funds are allocated by statutory formula to each entitlement area. Arapahoe County
is an approved entitltement area. The grant funds are distributed by Arapahoe County to each
participating city within the county.
For FY2018, funds were approved to support the folllowing project:
$115,000 for the Energy Efficient Englewood (E3) project to provide matching grants to 12 low
to moderate income homeowners for energy efficiency interior and exterior home
improvements.
FINANCIAL IMPLICATIONS:
Employees in Community Development are available to administer the projects and their
salaries and benefits are part of the City's contributions. The City will utilize approximately
$7,200 of the CDBG Administration budget from the project to partially offset the costs of those
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salaries and benefits. The remaining administration budget will be used for energy audits and
lead based paint testings.
ATTACHMENTS:
Council Bill 43
Subgrantee Agreement with Exhibit A - Scope of Services
Page 138 of 205
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 43
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A
2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS
AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood approved the execution of an
Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage
of Ordinance No. 19, Series of 2015 covering the City’s participation in the Arapahoe County
CDBG Entitlement Program for funding years 2016 through 2018 and by Ordinance No. 12,
Series of 2018, for funding years 2019 through 2021;
WHEREAS, the Englewood City Council passed Resolution 81, Series of 2017, that
authorized Housing and Community Development to submit an application for 2018 CDBG
funding; and
WHEREAS, the Energy Efficient Englewood (E3) Project has been categorized as a housing
rehabilitation activity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Subgrantee Agreement for Arapahoe County Community Development Block
Grant Funds – Subgrantee: City of Englewood, Project Name: Energy Efficient Englewood (E3)
Project Number: ENHS 1803, attached hereto as Attachment 1, is hereby accepted and approved
by the Englewood City Council.
Section 2. Community Development Block Grant (CDBG) funds are Federal Housing and
Urban Development funds which are administered through Arapahoe County, Colorado.
Section 3. The Mayor is hereby authorized to sign said Agreements for and on behalf of the
City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 19th day of November, 2018.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of
November, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of
November, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of December, 2018.
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Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on
the 6th day of December, 2018.
Published by title on the City’s official website beginning on the 5th day of
December, 2018 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 2018.
Stephanie Carlile
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: John Voboril
DEPARTMENT: Community Development
DATE: December 3, 2018
SUBJECT:
CB 2 - Amended Accessory Dwelling Unit (ADU) Ordiannce
Second Reading
DESCRIPTION:
CB 2 - Amended Accessory Dwelling Unit (ADU) Ordiannce Second Reading
RECOMMENDATION:
Community Development Staff recommends an affirmative vote on the Council amended
Planning and Zoning Commission Recommended ADU Ordinance with City Attorney
Enforcement Revisions. The City Attorney’s Office has amended the original Planning and
Zoning Commission’s Recommended ADU Ordinance with City Attorney Enforcement Revisions
to reflect Council amendments approved on First Reading.
PREVIOUS COUNCIL ACTION:
Council was given a project status briefing on ADU’s at the October 10, 2016 Council study
session. Council was briefed on the June 13, 2017 ADU Open House and was presented with
the proposed ADU zoning text amendments at the September 18, 2017 Council study session.
A second ADU Open House was requested by Council and held on November 14, 2017.
Council was briefed on the second ADU Open House at the February 5, 2018 Council study
session. Council held an ADU Town Hall Meeting on May 24, 2018. Council was briefed on
various zoning district options for ADU’s at the May 29, 2018 Council study session. Council
requested additional information regarding how the ADU owner occupancy requirements would
be enforced, before moving forward with consideration of the Planning and Zoning Commission
Recommended ADU Ordinance. Community Development staff addressed Council’s requests
for additional information and presented Council with a revised ordinance that incorporates the
City Attorney’s Recommended Enforcement Revisions at the September 4, 2018 City Council
study session. Council held a public hearing on the recommended ADU ordinance at the
October 1, 2018 regular City Council meeting. Council elected to table the recommended ADU
ordinance on First Reading at the October 15, 2018 regular Council meeting, rescheduling the
First Reading vote for November 19, 2018.
At First Reading, City Council approved the following amendments to the Planning and Zoning
Commission Recommended ADU Ordinance with City Attorney Enforcement Revisions:
Amend Section 2, paragraph 7, letter g, through the addition of line 5, reading as follows:
Corporation and for profit Business Partnership prohibitions. Corporations and for profit
business partnerships are prohibited from constructing Accessory Dwelling Units on corporate
or business partnership owned properties. Corporations and business partnerships are
Page 162 of 205
prohibited from separately renting a pre-existing Accessory Dwelling Unit structure constructed
after 2018 to a separate party as a separate unit from the principal structure.
Amend Section 1, paragraph C, Table 16-5-1.1 "Table of Allowed Uses", Accessory Uses
section, Household Living, Accessory Dwelling Unit, striking the letter "A" from the R-2-B, R-2-A,
and R-1-C columns.
SUMMARY:
Accessory Dwelling Units, known as ADU’s, are small secondary residential structures located
behind a primary house or on top of a garage. ADU’s were historically built in Englewood during
the 1920’s, 30’s, and 40’s in response to housing shortages. There are over 180 existing ADU’s
scattered throughout the older portions of the City of Englewood.
ADU’s began falling out of favor in the United States in the 1950’s as the post war suburbs
developed to meet housing needs. Englewood, like communities all across the country, began
removing ADU’s from the zoning code at this time.
ADU’s have slowly made a comeback since the 1990’s, particularly in the northwestern United
States, in response to tight and expensive housing markets. The City of Denver, as well as a
number of Denver suburbs, has reinstated ADU’s as allowed uses in certain zone districts.
Many cities allow ADU’s in established neighborhoods as a way to provide additional value to
property owners, increase housing options, and provide infill development opportunities without
additional public infrastructure costs. These small residential units are used to provide additional
living space for a guest or relative, or are sometimes rented for additional income. Amending the
code to allow these smaller residential units on the same property as a single family home can
provide additional housing options and promote investment in the City.
The City of Englewood Comprehensive Plan has included a housing objective in support of
adopting an ADU Ordinance since 2003. In recent years, Englewood citizens have increasingly
inquired about the possibility of constructing ADU’s. The Englewood Planning and Zoning
Commission elected to place ADU’s on the Commission’s work program in 2014. The
Commission was able to form a complete preliminary ADU recommendation that was then
presented to the community through two open house meetings. Using feedback from the open
house meetings, the Planning and Zoning Commission formulated a final ADU Ordinance
recommendation. The Planning and Zoning Commission held a public hearing on the proposed
ADU Ordinance at the September 6, 2017 Planning and Zoning Commission meeting. The
Planning and Zoning Commission voted to recommend adoption of the Recommended ADU
Ordinance by City Council.
ANALYSIS:
The Englewood Planning and Zoning Commission began preliminary work on ADU’s began in
2015 with seven study sessions. ADU’s were then put on hold in favor of Englewood Forward
plans and development cases. ADU study sessions (six) resumed in the fall of 2016. An open
house community meeting (Back to the Future: Accessory Dwelling Units) was held on June
13, 2017, featuring ten informational stations, and a corresponding survey. Fifty-one surveys
were collected and analyzed by the Commission on July 18, 2017, with minor adjustments
made to the ADU final proposals.
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A detailed summary of the Englewood Planning and Zoning Commission’s recommended ADU
regulatory amendments is provided here for the benefit of Council members:
Five Officially Declared Purposes of ADU’s
1. Provide options for varied and flexible lifestyle arrangements;
2. Provide options for alternative building structures/living space;
3. Provide potential supplemental source of income;
4. Increase property values and encourage higher levels of property maintenance;
5. Provide options for building structure/living space expansion while simultaneously
encouraging preservation of existing structures.
ADU Format
ADU’s can take many different forms. The proposed code amendment includes the following
ADU formats:
• Garden Cottage – a free standing structure located in the rear yard
• Carriage House - above or attached to a detached garage
ADU Eligibility
Types and sizes of lots eligible for specific types of ADU’s include the following:
One Unit Detached Dwelling Standard Lot (50 Foot Minimum Width)
• Garden Cottage (1 Unit) or Carriage House (1 Unit)
One Unit Detached Dwelling Small Lot (40 Foot Minimum Width)
• Carriage House (1 Unit)
ADU Creation
ADU’s may be created in three different ways:
• New construction
• Conversion of a qualifying alley house located in the rear yard to a Garden Cottage while
simultaneously constructing a new principal dwelling in the front yard.
ADU Occupancy Requirements
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1. The owner of record with a fifty-one percent (50%) minimum ownership interest in the
property must occupy either the Principal Dwelling Unit or the Accessory Dwelling Unit (ADU) as
their legal permanent address as demonstrated by voter and vehicle registration.
2. Owner shall verify on an annual basis that the owner continues to occupy either the Principal
Dwelling Unit or the Accessory Dwelling Unit (ADU) as their legal permanent address through
the City’s Annual Conforming ADU Registered Use Mailing.
3. Owner must reside on the property for a minimum of nine (9) months of the year. The owner
may not rent the owner’s legal residence without applying for a leave of absence.
4. If owned by a corporation or similar entity, the property must be occupied by a person
authorized to bind such entity in real estate matters.
5. Corporation and for profit Business Partnership prohibitions.Corporations and for profit
business partnerships are prohibited from constructing accessory dwelling units on corporate or
business partnership owned properties.Corporations and business partnerships are prohibited
from separately renting a pre-existing accessory dwelling unit structure constructed after 2018
to a separate party as a separate unit from the principal structure.
As amended by Council at First Reading
ADU Leave of Absence Requirements
Owners may apply to the City for an extended Leave of Absence due to the following situations:
• Temporary job assignments
• Military deployments
• Educational and research sabbaticals
• Formal voluntary service for a humanitarian organization
• Religious missionary service
• Long term hospital, nursing home, and assisted living facility stays due to adverse
medical conditions
1. Owner must reside on the subject property for at least one year after construction of the
Accessory Dwelling Unit (ADU) before applying to the City for a Leave of Absence.
2. Owner may apply for a City-approved Leave of Absence of up to one year, and which may
be reapplied for dependent on a clean record with no code violations.
3. During approved Leave of Absence, owner may rent both the Principal Dwelling Unit and the
Accessory Dwelling Unit at the same time.
ADU Design Requirements
1. An ADU shall not exceed 650 square feet of gross floor area.
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2. Exterior stairs for access to an upper level accessory suite shall not be located on the side of
the accessory structure parallel to the nearest side lot line.
3. An ADU shall neot exceed a mximum height of 26 feet.
4. The lot coverage for a garden cottage ADU shall be counted toward the maximum allowed
lot coverage.
5. ADU placement is restricted to the rear 35% of the lot.
6. ADU must conform to all existing accessory structure setbacks.\
7. A maximum bulk plane height of 12 feet will be established at side property lines.
8. One off-street parking space shall be provided for each ADU.
9. ADU must connect to principal dwelling unit water and sewer lines. Separate lines are not
allowed.
10. ADU's may not be subdivided or sold separately.
ADU Allowed Zoning Districts
ADU’s will be allowed in the following zone districts:
• MU-R-3-B: Mixed Use Medium to High Density Residential and Limited Office
• MU-R-3-A: Mixed Use Low Density Residential and Limited Office
• R-2-B: Medium Density Single and Multi-Dwelling Unit Residential
• R-2-A: Low Density Single and Multi-Dwelling Unit Residential
• R-1-C: Single Unit Residential
As amended by Council at First Reading
Conformance with Englewood Forward Goals and Objectives
The ADU code amendment is in conformance with goals and objectives found in Englewood
Forward: The 2016 Englewood Comprehensive Plan.
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
Page 166 of 205
and larger unit sizes and a wider range of housing types, including single-family, duplex,
townhome, condominium, multi-family, and accessory dwelling units. (Emphasis added)
FINANCIAL IMPLICATIONS:
There are no significant financial impacts to the City associated with the adoption of the ADU
Ordinance. Local street and utility infrastructure are already in place. Utilities have been
designed to accommodate a population of 60,000, based on population projections at the time
of the adoption of the City of Englewood, Colorado: Comprehensive Investigation of the
Municipal Water System (1975). This document served as the blueprint for the planning and
development of the City’s modern water system. The City’s water treatment plant has a
capacity of 28 million gallons per day, while the current maximum usage is 12 million gallons per
day. The wastewater treatment plant has a capacity of 50 million gallons per day, while the
current maximum usage is 23 million gallons per day. The water and wastewater figures were
provided by Tom Brennan, Director of Utilities. Mr. Brennan confirmed that new ADU
development will not have a significant impact on the water and wastewater delivery systems.
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BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 2
SERIES OF 2018 INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE,
TITLE 16, CHAPTERS 5 AND 6 OF THE ENGLEWOOD MUNICIPAL CODE
2000, RELATING TO ALTERNATIVE DWELLING UNITS.
WHEREAS, Alternative Dwelling Units (ADU’s) were primarily built in Englewood during
the 1920’s, 1930’s and 1940’s, with fewer ADU’s built after the 1950’s due to expanded development
of suburban areas within the City;
WHEREAS, More than 180 ADU’s currently exist within the City of Englewood;
WHEREAS, ADU’s have experienced a resurgence in popularity in the Denver metropolitan
area in recent years in response to a tight and increasingly expensive housing market;
WHEREAS, ADU’s are an economical and practical housing option for young families,
couples, “empty nesters”, singles, guests, and older adults who need to live close to their children while
maintaining some autonomy;
WHEREAS, ADUs increase housing stock within the City which adds value to established
neighborhoods, increase the value of properties upon which an ADU is located, increase housing
options within the City, and increase infill development opportunities without requiring additional
infrastructure costs;
WHEREAS, ADU’s provide housing to allow for the addition of new residents who then
support local businesses, provide young families and singles an introductory living experience to the
overall community, and provide incentive for established residents to remain within the community
when they are ready to upgrade their property or move to a larger residence;
WHEREAS, The Planning and Zoning Commission studied the issues and impacts of ADU’s
from 2015 through 2017 by holding study sessions to discuss where ADU’s should be allowed, drafting
regulations governing the use and construction of ADU’s, and gathering citizen input concerning
ADU’s;
WHEREAS, The Planning and Zoning Commission developed recommendations to allow
ADU’s to be permitted in specifically identified zoning districts, and developed regulations governing
ADU’s to protect property values and ensure ADU’s were not being used for speculative purposes; and
WHEREAS, On August 22, 2017, the Planning and Zoning Commission held a public hearing
regarding proposed changes to the Unified Development Code relating to ADU’s within the City, and
following the public hearing voted to recommend those code changes to the City Council.
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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 amending
Title 16, Chapter 5, Section 1, Subsection C, Table 16-5-1.1 “Table of Allowed Uses”, of the
Englewood Municipal Code 2000 as follows:
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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
Additional Regulations
R 1 A
R 1 B
R 1 C
R 2 A
R 2 B
MUR 3 A
MUR 3 B
MUR 3 C
M 1
M 2 — MO 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 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/ institutional 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 Religious Assembly Religious institutions and associ- ated 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, "Telecommuni- cations," for applicable use-re- lated guidelines and standards)
Alternative tower structure P P P P P P P P P P P P P P P Antenna (microwave 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 princi- pal 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
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 Page 170 of 205
4
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
Additional Regulations
R 1 A
R 1 B
R 1 C
R 2 A
R 2 B
MUR 3 A
MUR 3 B
MUR 3 C
M 1
M 2 — MO 2
M U B 1
M U B 2
T S A
I 1
I 2
Assembly Assembly hall or auditorium, hall rental for meetings or social occa- sions
P P P C P P
Membership organization (ex- cluding 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/Amusement: 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/concert venue, not including adult enter- tainment
P P P P P
Entertainment/ Amusement: Out- door 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 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 prod- ucts 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 Service: photography studio and photo lab, upholstery, printer, locksmith, tailor
P P P P P P
Tattoo and body-piercing estab- lishment P P
Temporary employment business C C 16-5-2.C.11 Page 171 of 205
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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
Additional Regulations
R 1 A
R 1 B
R 1 C
R 2 A
R 2 B
MUR 3 A
MUR 3 B
MUR 3 C
M 1
M 2 — MO 2
M U B 1
M U B 2
T S A
I 1
I 2
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 Grocery/specialty 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 stu- dio, 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 including body or fender work
L P P 16-5-2.C.4
Automotive service station (gaso- line 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 (opera- ble 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 Wholesale Sales and distribution P P Page 172 of 205
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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
Additional Regulations
R 1 A
R 1 B
R 1 C
R 2 A
R 2 B
MUR 3 A
MUR 3 B
MUR 3 C
M 1
M 2 — MO 2
M U B 1
M U B 2
T S A
I 1
I 2
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
Storage yard for vehicles, equip- ment, 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 process- ing occurs within enclosed struc- ture
P P 16-5-2.D.5
Recycling operation, some or all processing occurs outside an en- closed structure
C C 16-5-2.D.5
Sanitary service C Waste transfer station (not in- cluding hazardous waste) C C
ACCESSORY USES - See Section 16-5-4 for additional regulations
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 acces- sory 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
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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
Additional Regulations
R 1 A
R 1 B
R 1 C
R 2 A
R 2 B
MUR 3 A
MUR 3 B
MUR 3 C
M 1
M 2 — MO 2
M U B 1
M U B 2
T S A
I 1
I 2
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 ex- isting 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 re- tail vendor carts, etc.)
T T T T T T
Special event (e.g., carnival, ba- zaar, 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.
(Ord. 04-5; Ord. 05-25; Ord. 08-13, § 1; Ord. 08-37, § 3; Ord. 08-55, § 1; Ord. 08-48, § 11; Ord. 09-4, § 1; Ord. 09-28, § 4; Ord. 10-20, § 1; Ord. 11-27, § 1; Ord. 23-12, § 4; Ord. 7-13, § 4; Ord. 45-13, § 1)
Page 174 of 205
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Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title
16, Chapter 5, Section 4, “Accessory Uses” Subsection C, by adding a new Paragraph 7, all within
the Englewood Municipal Code 2000, such paragraph 7 to be written as follows:
7 Accessory Dwelling Units
a. Purpose. Accessory Dwelling Units (ADUs) are allowed in certain situations to:
(1) Provide flexibility for changing family situations;
(2) Provide alternative types of living space;
(3) Provide a supplemental source of income and assist with housing expenses;
(4) Provide opportunities to increase property value;
(5) Preserve neighborhood character.
b. Definition. An Accessory Dwelling Unit (ADU) is a smaller, secondary residential dwelling
unit on the same lot as a principal one-unit dwelling. ADUs are independently habitable
and provide the basic requirements of living, sleeping, cooking, and sanitation. Two (2)
types of ADUs are permitted within the City:
(1) Garden Cottages are detached residential structures on the same lot as a
principal detached one-unit dwelling.
(2) Carriage Houses are dwelling units above or attached to a detached garage or
other permitted detached accessory structure, on the same lot as a principal
detached one-unit dwelling.
c. Eligibility. Garden Cottages and Carriage Houses may be developed on One-unit Detached
Dwelling standard lots. Carriage Houses may be developed on One-unit Detached Dwelling
standard lots and One-unit detached small lots. ADU’s are not permitted on any property
with existing attached dwelling units (duplex, townhouse, etc.).
d. Number. One (1) Accessory Dwelling Unit (ADU) is permitted per detached one-unit
dwelling lot.
e. Creation. An Accessory Dwelling Unit (ADU) may be created through new construction, or
conversion of a qualifying existing house to a garden cottage while simultaneously
constructing a new principal dwelling on the site.
f. Approval. Applications for Accessory Dwelling Units (ADU’s) shall meet the following
criteria:
(1) The applicant must demonstrate the ADU complies with all applicable
development and design standards of this Title.
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(2) The applicant must demonstrate the proposed design complies with applicable
building and fire safety codes.
(3) Approval of application is dependent on City inspection of existing primary
structure. All primary structure deficiencies and code violations documented
in the City’s pre-ADU permit inspection form must be brought into full
compliance with City housing and building code standards for ADU
properties.
(4) The applicant must provide a signed and notarized deed restriction in a form
provided by the City. The deed restriction will be recorded as a legal document
with the Arapahoe County Clerk and Recorder, and will serve as a permanent
restriction upon the use and occupancy of both the primary structure and the
ADU.
g. Occupancy and Use. Occupancy and use standards for an Accessory Dwelling Unit (ADU)
shall be the same as those applicable to a principal dwelling on the same lot. An ADU shall
be considered a separate and distinct dwelling from the principal dwelling on the property
for the purposes of defining a “household” as determined by this code. The applicant agrees
to provide annual documentation of compliance with the following regulations in order to
continue the active rental use of one structure located on the subject property:
(1) Occupancy. An individual holding an ownership interest of fifty percent (50%)
in the Principal Dwelling Unit must occupy either the Principal Dwelling Unit
or the ADU as their legal permanent address as demonstrated by two forms of
proof of residency:
A. Vehicle Registration, Motor Vehicle License, or Voter Registration;
and
B. Credit Card Statement, Mortgage Bill, or Property Tax Statement.
(2) Annual verification of occupancy. Owner shall verify on an annual basis that
the owner continues to occupy either the Principal Dwelling Unit or the ADU
as their legal permanent address through the City’s Annual Conforming ADU
Registered Use Mailing. Until an updated verification is filed with the City, all
notices of compliance or violation shall be properly mailed to, or served upon,
the owner who signed the verification at the verified legal permanent address.
(3) Legally responsible agent. If the primary dwelling is owned by a corporation,
trust, or other entity, an individual may complete and sign the annual
verification described in (g)(2) above, thereby assuming all legal responsibility
and liability for the property, and for assuring that all of the property remains
in compliance with the City’s codes. Additionally, both the legal entity and
the individual must sign a notarized document providing that the occupant of
the property is an individual authorized to bind such entity in real estate
matters.
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10
(4) Limitation on rental. To maintain the nature of a One-unit Detached Dwelling
standard lot the verified occupant (owner or legally responsible agent) may not
rent that dwelling unit identified as such individual’s permanent residence
within the annual verification described in (g)(2) above.
(5) Corporation and Corporations and For Profit Business Partnerships are
prohibited from constructing accessory dwelling units on corporate or business
partnership owned properties. Corporations and business partnerships are
prohibited from separately renting a pre-existing accessory dwelling unit
structure constructed after 2018 to a separate party as a separate unit from the
principal structure.
h. Leave of Absence. Accessory Dwelling Unit (ADU) Owners may apply to the City for an
extended Leave of Absence due to the following situations:
• Temporary job assignments
• Military deployments
• Educational and research sabbaticals
• Formal voluntary service for a humanitarian organization
• Religious missionary service
• Long term hospital, nursing home, and assisted living facility stays due to adverse
medical conditions
(1) Owner must reside on the subject property for at least one year after
construction of the ADU before applying to the City for a Leave of Absence.
(2) Owner may apply for a City-approved Leave of Absence of up to one year.
Owner must reapply for an additional year, with a maximum absence of two
(2) years, dependent on a clean record with no code violations or nuisance or
criminal activity. Owners called away on overseas military tours of duty may
be granted additional years, dependent on a clean record with no code
violations or nuisance or criminal activity.
(3) During approved Leave of Absence, owner may rent both the Principal
Dwelling Unit and the ADU at the same time.
i. Design. It is intended that the design of Accessory Dwelling Units (ADU’s) be compatible
with the design and quality of the principal structure on the lot. Elements of design include,
but are not limited to, building material (wood siding, brick, stucco, etc.), color, window
treatments, roof pitch, etc. Design standards for ADU’s are stated in this section. If not
addressed in this section, base district zone development standards shall apply.
(1) Size. An ADU shall not exceed six hundred fifty (650) square feet of gross
floor area or the size of the principal dwelling, whichever is less. The City
Manager or designee may approve Administrative Adjustments as permitted
within Section 16-2-17 of this code.
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11
(2) Exterior stairs. Exterior stairs for access to an upper level accessory suite shall
not be located on the side of the accessory structure parallel to the nearest
side lot line.
(3) Height. The maximum height allowed for an ADU shall not exceed twenty
six (26) feet.
(4) Lot coverage. The lot coverage of an ADU shall be counted toward the
maximum allowed lot coverage.
(5) Lot placement. ADU placement is restricted to the rear thirty-five (35)
percent of the lot.
(6) Setbacks. ADU’s shall meet the minimum setbacks as required by Table 16-
6-1.2 “Summary of Dimensional Requirements for Accessory Structures”
unless the building or structure complies with setback exemptions available
elsewhere in the code.
(7) Bulk Plane. Bulk Plane regulations in the Section 16-6-1-G of this Title shall
apply to ADU structures.
j. Parking. One (1) off-street parking space shall be provided for each Accessory Dwelling
Unit (ADU), located within the rear thirty-five (35) percent of the lot. Existing required off-
street parking for the principal dwelling shall be maintained or replaced on-site.
k. Impact Fees. All impact fees applicable to new construction shall also apply to Accessory
Dwelling Units (ADU’s) created after adoption of this ordinance.
l. Utilities. Accessory Dwelling Units must connect to the water and sewer lines of the
principal dwelling, subject to requirements and restrictions of the Englewood Water and
Sewer Board.
m. No Subdivision Allowed. An Accessory Dwelling Unit (ADU) shall not be subdivided or
sold separately from the principal dwelling unit on a lot, unless all structures and lots meet
the required dimensional standards upon completion of the subdivision, including but not
limited to minimum lot area, minimum lot width, setbacks, bulk plane and other dimensional
standards that may apply. A covenant restricting the future subdivision of the ADU shall be
recorded with the Arapahoe County Clerk and Recorder, prior to issuance of a building
permit.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 6, Section 1, Subsection G, Paragraph 3, “Bulk Plane Requirements”, by adding a
new subparagraph e, numbers 1 and 2 of the Englewood Municipal Code 2000 as follows:
e. Accessory Dwelling Units
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12
1. A horizontal line that is located directly above the side lot line and which
passes through a point twelve feet (12’) above the base plane described in
paragraph (a) above; and
2. The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree
angle) from the horizontal lines defined in paragraph (c)(1) above.
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 6, Section 1, Subsection H, Paragraph 3, subparagraph c, of the Englewood Municipal
Code 2000 as follows:
c. Residential Occupancy. No accessory structure shall allow residential occupancy, except as
permitted for approved accessory structures occupied by caretakers or watchmen, or for
approved accessory dwelling units on owner-occupied principal One-unit detached properties.
Section 5. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 6, Section 1, Subsection 1.2, “Table 16-6-1.2 Summary Table of Dimensional
Requirements for Accessory Structures” of the Englewood Municipal Code 2000 as follows:
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13
TABLE 16-6-1.2: SUMMARY TABLE OF DIMENSIONAL REQUIREMENTS FOR ACCESSORY STRUCTURES
Use
Districts Allowed
Maximum Number
Max. Height (ft)
Minimum Setback (ft) Maximum Total Floor Area (sq ft)
Add'l Regulati Front Side Rear
Accessory Dwelling Units (ADU’s)
R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B
1-unit dwelling: 1 ADU
26 Entire structure shall be located within rear 35% of the lot
3 Garden Cottage: 3 Carriage House: 6 If vehicle entrance faces street or side lot line: 3
Residential portion of structure shall not exceed 650 SF
Detached garages and all carports
All Residential Districts 1-unit dwelling: 1 garage and 1 car- port, 2-unit dwell- ing: 1 garage and 1 carport per unit. More than two-unit dwelling: 1 garage or carport per unit
16 Shall conform to the zone district's minimum front set- back applicable to the principal struc- ture and to applica- ble residential de- velopment and design standards of this Chapter
R-1-A: 5 Other districts: 3
If entrance faces alley: 6 If entrance faces street or side lot line: 3
Combined maxi- mum total floor area of all garages and carports shall not exceed 1,000 square feet per unit.
If a garage or car- port is converted to another use, an equivalent amount of off-street parking shall be provided. When a garage or carport is converted to another use the existing driveway or carport in the f bk
Detached garages and all carports
TSA, and all Medi- cal, Business and Industrial Districts
Shall conform to zone district standards for principal structures.
Storage sheds All Residential Dis- tricts, TSA, Medi- cal, Business, and Industrial Districts
1 10 All R Districts: Shall be located be- hind the rear build- ing line of the prin- cipal structure
B Districts: Shall be located behind the front building line of the principal structure
TSA & I Districts: Shall conform to zone district stan- dards for principal structures
R-1-A: 5;
Other R Districts: 3; M
M, B, TSA, I Dis- tricts: Shall con- form to zone dis- trict standards for principal structures
R-1-A: 5;
Other R Districts: 3; M
B, TSA, I Districts: Shall conform to zone district stan- dards for principal structures
150 See 16-2-9.A.2 for structures 120 square feet or smaller
Other accessory structures not listed above
All Residential and Medical Districts 1 12 Other accessory structures shall be located behind the rear building line of the principal struc- ture
R-1-A: 5
Other R Districts: 3
R-1-A: 5
Other R Districts: 3
200 See 16-2-9.A.2 for structures 120 square feet or smaller
(Ord. 04-5; Ord. 05-25; Ord. 05-26; Ord. 08-37, § 5; Ord. 08-48, §§ 16—19; Ord. 09-28, § 6; Ord. 1-11/12, § 13; Ord. 23-12, § 6; Ord.7-13, § 5; Ord. 45-14, § 3; Ord. 3-15, § 1; Ord. 4-15, § 1) Page 180 of 205
14
Section 6. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter
6, Section 4, Subsection E, Paragraph 1, subparagraph 4.1 “Table 16-6-4.1 Minimum Off-Street Vehicle Parking
Rations” of the Englewood Municipal Code 2000 as follows:
TABLE 16-6-4.1: MINIMUM OFF-STREET VEHICLE PARKING RATIOS
Use Off-Street Vehicle Parking Standard Additional Requirements
RESIDENTIAL USES
Group Living
Dormitory, fraternity, sorority 1 parking space per two beds Group living facility, large/special or small 1 parking space per 3 resident beds, plus 1 parking space for each 3 employees
Nursing home 1 parking space per 4 resident beds plus 1 parking space for each 3 employees
Senior citizen .75 parking spaces per unit plus one guest space for each 5 units
Household Living
One-unit, detached or attached dwelling 2 spaces per each dwelling unit Senior citizen residential complex (35 per- cent or more of total units reserved for persons 60 years and older)
1 space per 2 dwelling units, plus one guest space for each 5 units
Two-unit and multi-unit dwelling: Effi- ciency, 1- or 2-bedroom unit 1.5 spaces per each dwelling unit.(1) Such parking shall be designated and identified as parking for the occupants of the build- ing only. (2) Guests or Visitor Parking for buildings with 5 or more dwelling units: 1 space for each 5 units. Such parking shall be designated and identified as temporary parking for the use of guests or visitors or the occupants of the building only.
Two-unit and multi-unit dwelling: 3 or more bedroom unit 2 spaces per each dwelling unit.
Boarding or Rooming Houses 1 space for each guest bed, in addition to the one-unit dwelling requirement
Accessory Dwelling Unit 1 space in addition to the one-unit dwelling requirement Parking space must be entirely located within rear 35% of the lot PUBLIC/INSTITUTIONAL USES
Religious Assembly
All 1 space for each 3 seats or every 6 feet of bench length in the main assembly area or auditorium
School
Education institution - elementary 1 space for each classroom and adminis- trative office
Education institution - secondary An area equal to 1/2 the gross floor area in the structure
Public Buildings
All An area equal to 1/2 the gross floor area in the structure
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15
ABLE 16-6-4.1: MINIMUM OFF-STREET VEHICLE PARKING RATIOS
Use Off-Street Vehicle Parking Standard Additional Requirements
COMMERCIAL USES
Assembly
Assembly hall or auditorium, hall rental for meetings or social occasions 1 space for each 3 seats
Entertainment/ Amusement: Indoor
Amusement facilities, convention facili- ties, dance halls, gymnasiums, theaters, skating rinks
1 space for each 3 seats
Bowling alley 4 spaces per lane, plus 1 additional space for each 2 employees
Food and Beverage Service
Restaurant, bar, tavern, with or without outdoor operations 1 space per each 100 square feet of gross floor area
Medical/Scientific Service
Hospital 1 space for each 2 patient beds, plus 1 space for each 2 employees
Office
All 1 space per each 300 square feet Retail Sales and Service
All Under 7,500 square feet: an area equal to 1/2 of the gross floor area; 7,500 square feet gross floor area and above: an area equal to the gross floor area.
As applicable, plus adequate stacking spaces as per Section 16-6-4-J below.
Vehicle and Equipment
Automotive sales, rental; Automobile pawn- broker 1 space for each 2 employees at maximum employment on a single shift, plus 2 spaces for each 300 square feet of sales/office, repair, or maintenance space.
Visitor Accommodation
Hotel; Hotel, Extended Stay 1 space for each guest room, plus 1 addi- tional space for each 2 employees. Parking for convention facilities and dining areas in the hotel shall conform with the require- ments set forth within.
MANUFACTURING/INDUSTRIAL USES
Industrial Service and/or manufacturing An area equal to 1/4 the gross floor area occupied by the use in a structure
Warehouse/Storage
Mini-storage facility Customer parking shall be provided at the manager's office calculated on the basis of one space for each six thousand (6,000) square feet of floor area and open storage, or one space for each one hundred (100) storage units or spaces, whichever is greater. Plus, 2 additional parking spaces for employees shall be provided at the manager's office.
Wholesale business An area equal to 1/4 of the gross floor area of the structure or structures.
Warehousing and/or storage An area equal to 1/4 of the gross floor area of the structure or structures.
Section 7. 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.
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16
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 19th day of November, 2018.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day
of November, 2018.
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day
of November, 2018.
Read by Title and passed on final reading on the 3rd day of December, 2018.
Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on
the 6th day of December, 2018.
Published by title on the City’s official website beginning on the 5th day of
December, 2018 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 2018.
Stephanie Carlile
Page 183 of 205
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #2014-01 )
ACCESSORY DWELLING UNITS )
FINDINGS OF FACT, )
CONCLUSIONS AND )
RECOMMENDATIONS RELATING ) FINDINGS OF FACT AND
TO AMENDMENTS TO THE UNIFIED ) CONCLUSIONS OF THE
DEVELOPMENT CODE ) PLANNING AND
) ZONING COMMISSION
INITIATED BY: )
Community Development Department )
1000 Englewood Parkway )
Englewood, CO 80110 )
Commission Members Present: Townley, Kinton, Pittinos, Brick, Freemire, Madrid,
Fish, Austin, Coleman
Commission Members Absent: None
This matter was heard before the City Planning and Zoning Commission on September
6, 2017, in the Community Room of the Englewood Civic Center.
Testimony was received from staff and members of the public. The Commission received
notice of Public Hearing, the Staff Report, and a copy of the proposed amendments to
Title 16 Unified Development Code which were incorporated into and made a part of the
record of the Public Hearing.
After considering the statements of the witnesses and reviewing the pertinent documents,
the members of the City Planning and Zoning Commission made the following Findings
and Conclusions.
FINDINGS OF FACT
1. THAT the Public Hearing on the proposed amendments to the Unified Development
Code, Title 16, relating to Accessory Dwelling Units, was brought before the Planning
Commission by the Department of Community Development, a department of the City
of Englewood.
2. THAT notice of the Public Hearing was published in the Englewood Herald on August
24, 2017 and was posted on the City’s website August 17, 2017 through September
6, 2017.
3. THAT the Community Development Department held 13 study sessions on
Accessory Dwelling Units and held an open house on June 13, 2017, at which 51
surveys were collected and analyzed.
Page 184 of 205
4. THAT ten members of the public spoke in favor of permitting accessory dwelling units.
CONCLUSIONS
1. THAT the proposed accessory dwelling unit regulatory text amendments conform to
the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood
Comprehensive Plan.
2. THAT the proposed accessory dwelling unit regulatory text amendments establish
purpose, format, eligibility, creation, occupancy, and design parameters for accessory
dwelling units, and identifies the MU-R-3-B, MU-R-3-A, R-2-B, R-2-A, and R-1-C zone
districts as suitable for new accessory dwelling unit development.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that Case
#2014-01 Accessory Dwelling Units be referred to the City Council with a favorable
recommendation.
The decision was reached upon a vote on a motion made at the meeting of the City
Planning and Zoning Commission on September 6, 2017, by Fish, seconded by Madrid,
which motion states:
CASE #2014-01 ACCESSORY DWELLING UNITS BE APPROVED AND
FORWARDED TO CITY COUNCIL WITH A FAVORABLE
RECOMMENDATION.
AYES: Townley, Kinton, Pittinos, Brick, Madrid, Austin, Coleman
NAYS: Fish, Freemire
ABSTAIN: None
ABSENT: None
Motion carried.
These Findings and Conclusions are effective as of the meeting on September 6, 2017.
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
Daryl Kinton, Chair
Page 185 of 205
MINUTES
Planning and Zoning Commission Meeting
Wednesday, September 6, 2017
1000 Englewood Pkwy – Community Room 7:00 PM
COMMISSIONERS PRESENT: Cate Townley
Daryl Kinton
Merc Pittinos
John Brick
Mike Freemire
Patrick Madrid
Ron Fish
Michele Austin
Randall Coleman
COMMISSIONERS ABSENT:
STAFF PRESENT: Audra Kirk, Planner II
John Voboril, Planner II
Harold Stitt, Senior Planner
1. Call to Order
The meeting was called to order at 7:00 pm in the Community Room by Chair
Kinton.
2. Public Hearing
Case ZON2017-002, 3333 South Pearl Street
Moved by Member Michele Austin
Seconded by Member Mike Freemire
TO OPEN THE PUBLIC HEARING FOR CASE ZONE2017-002, 3333 SOUTH
PEARL STREET.
For Against Abstained
Cate Townley x
Daryl Kinton x
Merc Pittinos x
John Brick x
Mike Freemire (Seconded By) x
Patrick Madrid x
Ron Fish x
Michele Austin (Moved By) x
Page 186 of 205
Planning and Zoning Commission
September 6, 2017
Randall Coleman x
9 0 0
Motion CARRIED.
Audra Kirk, Planner II was sworn in. The public hearing is for an application to
rezone 3317, 3323 and 3333 South Pearl Street from R-1-C Single-Unit
Residential to a Planned Unit Development. Proof of posting and publication
were submitted for the record, along with three emails from residents that were
received after materials were sent to Commissioners. Ms. Kirk provided an
overview of the project and surrounding properties; she answered questions
from the Commission.
John Voboril, Planner II was sworn in. Mr. Voboril answered questions from
Commissioners regarding the Comprehensive Plan and exploring transitional
areas.
Casey Adragna, 2192 West Caley Avenue, was sworn in. Mr. Adragna stated
he was the owner of 3333 South Pearl Street. Mr. Adragna reviewed the
project and how it meets various goals within the Comprehensive Plan.
Parking is a concern in the neighborhood; therefore, each townhome would
have a 2-car garage. He is researching a public-private partnership with the
City to pave the entire alley.
Scott Brann, 8474 South Brentwood Street, was sworn in. Mr. Brann and his
wife are the property owners of 3323 South Pearl Street. Their plan is to
redevelop the property in order to lease out one unit and live in the other while
they travel.
Kelley Rhodes, 3317 South Pearl Street, was sworn in. Her plan is to upgrade
her home and keep it in her family.
Mr. Adragna answered questions from the Commission.
Ian Wisekal, 3301 South Pearl Street, was sworn. He testified in favor of the
application.
Britt Fuiks, 3151 South Clarkson Street, was sworn. She spoke in favor of
paving the alleys.
Ms. Kirk stated the properties cannot be rezoned to R-2-B or MU-R-3-C
because the applicant does not have 37,500 square feet of property; however,
he has enough property for a PUD which only requires 21,280 square feet.
Ms. Kirk answered questions regarding rezoning the entire block, the rezoning
process and the PUD criteria.
Moved by Member John Brick
Seconded by Member Mike Freemire
Page 187 of 205
Planning and Zoning Commission
September 6, 2017
TO CLOSE THE PUBLIC HEARING FOR CASE ZON2017-002.
For Against Abstained
Cate Townley x
Daryl Kinton x
Merc Pittinos x
John Brick (Moved By) x
Mike Freemire (Seconded By) x
Patrick Madrid x
Ron Fish x
Michele Austin x
Randall Coleman x
9 0 0
Motion CARRIED.
Commissioners discussed the case and the criteria. Commissioners then
voted and stated their findings.
Moved by Member Ron Fish
Seconded by Member Mike Freemire
APPROVE CASE ZON2017-002, 3317, 3323, AND 3333 SOUTH PEARL
STREET PLANNED UNIT DEVELOPMENT AND FORWARD TO CITY
COUNCIL WITH A FAVORABLE RECOMMENDATION.
For Against Abstained
Mike Freemire (Seconded By) x
Ron Fish (Moved By) x
Cate Townley x
Daryl Kinton x
Merc Pittinos x
John Brick x
Patrick Madrid x
Michele Austin x
Randall Coleman x
4 5 0
Motion DEFEATED.
3. Public Hearing
Case 2014-01 Accessory Dwelling Units
Moved by Member Ron Fish
Seconded by Member Randall Coleman
Page 188 of 205
Planning and Zoning Commission
September 6, 2017
TO OPEN THE PUBLIC HEARING FOR CASE 2014-01 ACCESSORY
DWELLING UNITS.
For Against Abstained
Cate Townley x
Daryl Kinton x
Merc Pittinos x
John Brick x
Mike Freemire x
Patrick Madrid x
Ron Fish (Moved By) x
Michele Austin x
Randall Coleman (Seconded By) x
9 0 0
Motion CARRIED.
John Voboril, Planner II, was sworn in. Notice of the public hearing was
published in the Englewood Herald on August 24, 2017 and was published on
the City's website on August 17. Further, the public was notified of the public
hearing through the City's website and the June 13, 2017 open house. Mr.
Voboril introduced the case by stating the public hearing is regarding
accessory dwelling unit regulatory amendments to Title 16 of the Unified
Development Code.
Mr. Voboril reviewed the Commission's previous action on accessory dwelling
units, provided the background and analysis of the case, and the various
requirements. Mr. Voboril answered questions from the Commission.
Rebecca Alexis, 1982 South Pennsylvania, Denver, was sworn in. Ms. Alexis
spoke in favor of accessory dwelling units.
Brian Pearson, 2962 Montclair Ct. Highlands Ranch, was sworn in. Mr.
Pearson spoke in favor of accessory dwelling units.
Jeff Stillwell, 2935 South Marion, was sworn in. Mr. Stillwell questioned why
the R-1-A and R-1-B zone districts were excluded from having accessory
dwelling units.
Cynthia Searfos, 3297 South Downing St, was sworn in. Ms. Searfos spoke in
opposition of accessory dwelling units. She does not want the increased
traffic, crime, and density.
Randal Friesen, 4581 South Cherokee St., was sworn in. Mr. Friesen spoke in
favor of accessory dwelling units.
Tiffany Madrid, 3396 South Grant St., was sworn in. Ms. Madrid spoke in favor
Page 189 of 205
Planning and Zoning Commission
September 6, 2017
of accessory dwelling units; however, she would like the size requirements
larger.
Jacob Bettis, 2961 South Bannock St., was sworn in. Mr. Bettis spoke in favor
of accessory dwelling units.
Judy Brown, 1033 West Stanford Pl., was sworn in. Ms. Brown spoke in favor
of accessory dwelling units and the residency restriction.
Laura Jones, 3106 South Sherman Street, was sworn in. Ms. Jones spoke in
favor of accessory dwelling units.
Barbara Peterson, 3371 South Corona Street, was sworn in. Ms. Peterson
spoke in favor of keeping the restricted zone districts and the residency
requirements.
Britt Fuiks, 3151 South Clarkson Street, was sworn in. Ms. Fuiks encouraged
those with strong feelings about the regulations to attend the City Council
study session.
Moved by Member John Brick
Seconded by Member Mike Freemire
TO CLOSE THE PUBLIC HEARING FOR CASE 2014-01 ACCESSORY
DWELLING UNITS.
For Against Abstained
Cate Townley x
Daryl Kinton x
Merc Pittinos x
John Brick (Moved By) x
Mike Freemire (Seconded By) x
Patrick Madrid x
Ron Fish x
Michele Austin x
Randall Coleman x
9 0 0
Motion CARRIED.
The Commission took a 5 minute recess. The Commission asked Mr. Voboril
additional questions and discussed the case. The Commissioners then voted
and stated their findings.
Moved by Member Ron Fish
Seconded by Member Patrick Madrid
Page 190 of 205
Planning and Zoning Commission
September 6, 2017
THAT CASE 2014-01 ACCESSORY DWELLING UNITS BE APPROVED AND
FORWARDED TO CITY COUNCIL WITH A FAVORABLE
RECOMMENDATION.
For Against Abstained
Cate Townley x
Daryl Kinton x
Merc Pittinos x
John Brick x
Mike Freemire x
Patrick Madrid (Seconded By) x
Ron Fish (Moved By) x
Michele Austin x
Randall Coleman x
7 2 0
Motion CARRIED.
Moved by Member Mike Freemire
Seconded by Member Patrick Madrid
THAT THE REMAINDER OF THE AGENDA BE SUSPENDED DUE TO TIME.
For Against Abstained
Cate Townley x
Daryl Kinton x
Merc Pittinos x
John Brick x
Mike Freemire (Moved By) x
Patrick Madrid (Seconded By) x
Ron Fish x
Michele Austin x
Randall Coleman x
9 0 0
Motion CARRIED.
4. Adjourn
The meeting adourned at 10:00 pm.
Page 191 of 205
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Maria Sobota
DEPARTMENT: Finance & Administrative Services
DATE: December 3, 2018
SUBJECT: OpenGov Software Services Agreement Renewal
DESCRIPTION:
OpenGov Software Services Agreement Renewal
RECOMMENDATION:
Staff recommends that City Council approve a three year renewal of the OpenGov, Inc.
Software Services Agreement (2019-2021). The total amount of the agreement is $28,479.45
($9,000 per year plus an additional two months to align with fiscal year dates). The City may
terminate the agreement without penalty in the event of non-appropriation in subsequent budget
years.
PREVIOUS COUNCIL ACTION:
In late 2015, the City entered into a three year agreement with OpenGov, Inc. for the use of a
proprietary web application that visualizes the City's general ledger, chart of accounts, current
year spending, balance sheet, and monthly sales and use tax revenues. Multiple years of
financial data are available to the public and staff through an on-line portal.
SUMMARY:
The initial term of the renewal is for one year, with an option for two one year renewals, and
contains a clause in the event of non-appropriation enabling the City to terminate the agreement
without penalty. This is legally acceptable. All terms were reviewed with the City Attorney's
Office and they are also legally acceptable.
ANALYSIS:
See Summary above.
FINANCIAL IMPLICATIONS:
The cost to use this software is $9,000 annually. The list price is approximately $31,000
annually. The City of Englewood has received the product at a significant discount.
ALTERNATIVES:
This is a proprietary product.
CONCLUSION:
Staff recommends approval of the OpenGov, Inc. three year renewal contract.
Page 192 of 205
ATTACHMENTS:
1) Contract Summary Sheet
2) Renewal Contract - OpenGov, Inc. - Order Form Quote Expiring December 9, 2018
3) Original Contract - OpenGov, Inc. Software Agreement
Page 193 of 205
Contract Approval Summary
V10/25/2017
Page | 1
Contact Identification Information (to be completed by the City Clerk)
ID number: Authorizing Resolution/Ordinance:
Recording Information:
City Contact Information
Staff Contact Person: Maria Sobota Phone: 303-762-4216
Title: Acting Director, Financial Services and Admin Email: msobota@englewoodco.gov
Vendor Contact Information
Vendor Name: OpenGov, Inc Vendor Contact: Paul Fenton
Vendor Address: 955 Charter Street Vendor Phone: (415)999-1724
City: Redwood City Vendor Email: pfelton@opengov.com
State: CA Zip Code: 94063
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: November 2, 2018 End Date: December 31, 2021 Total Years of Term: 3
Total Amount of Contract for term (or estimated amount
if based on item pricing):
$28,479.45
If Amended: Original Amount
$
Amendment Amount $ Total as Amended:
$
Renewal options available: Y
Payment terms (please
describe terms or attach
schedule if based on
deliverables):
Annually upon invoice
Attachments:
☐Copy of original Contract if this is an amendment
☒Copies of related Contracts/Conveyances/Documents
Propriety web application visualizing the City’s general ledger, chart of accounts, current
year spending, balance sheet, and monthly sales tax revenue data making multiple years of
financial data available to the public and staff through an on-line portal. This is a 3 year
renewal of the original contract signed by the City Manager on January 6, 2016.
Page 194 of 205
Contract Approval Summary
V10/25/2017
Page | 2
Source of funds (Insert Excel Document):
Comment – The first two payments (2018 & 2019) total $10,479.45 including an additional
two months from 11/2/2018 to 12/31/2018 to align new contract with the fiscal years. The
ongoing annual fee continues to be $9,000 per year. There was no increase in price to the
City of Englewood.
Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov):
☐Prior Month-End Project Status and Fund Balance Report (N/A – see above in Notes)
Process for Choosing Vendor:
☐Bid: ☐ Bid Evaluation Summary attached
☐ Bid Response of proposed awardee
☐RFP: ☐ RFP Evaluation Summary attached
☐ RFP Response of proposed awardee
☐Quotes: Copy of Quotes attached
☐Sole Source: Explain Need below
☒Other: Please describe
CAPITAL ONLY A B C 1 = A-B-C
Capital
Operating Year
Tyler / New World
Project # / Task#Fund Division Object Line Item Description Budget
Spent to
Date
Contract
Amount
Budget
Remaining
C 2018 NA NA NA NA NA -$ -$ -$ -$
O 2018 NA 02 0703 54206 Software/Hardware Maint 1,124,268.00$ 708,126.16$ 1,479.45$ 414,662.39$
-$
-$
Total by Fund and Current Year 1,124,268.00$ 708,126.16$ 1,479.45$ 414,662.39$
O 2019 N/A 02 0703 54206 Software/Hardware Maint 1,592,611.00$ -$ 9,000.00$ 1,583,611.00$
O 2020 N/A 02 0703 54206 Software/Hardware Maint -$ -$ 9,000.00$ (9,000.00)$
O 2021 N/A 02 0703 54206 Software/Hardware Maint -$ -$ 9,000.00$ (9,000.00)$
Note: 2020/2021 Budget
Total by Fund and Next Year is to be determined 1,592,611.00$ -$ 27,000.00$ 1,565,611.00$
Grand Total 2,716,879.00$ 708,126.16$ 28,479.45$ 1,980,273.39$
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
During the March 14, 2016 Regular City Council Meeting, the former City
Manager unveiled the OpenEnglewood Financial Portal. During the meeting, City
Council expressed their support for OpenGov and the City Manager confirmed the
annual cost to use this system ($9,000). The renewal attached reflects no
increase in annual cost to operate the system. Staff is considering other OpenGov
applications and will provide any future recommendations to Council. OpenGov is
a propriety web application and provides transparency into the City of
Englewood’s financial data for citizens, Council and employees.
Page 195 of 205
OPENGOV SOFTWARE SERVICES AGREEMENT
Confidential OpenGov
Rev. 2018.01_180827
1
ORDER FORM
OpenGov, Inc. Quote Created: 10/31/2018
955 Charter Street Quote prepared by: Zach Garelik
Redwood City, CA 94063 USA Quote Expires: 12/9/2018
Customer Information
Customer Name City of Englewood, CO Billing Name City of Englewood, CO
Contact Name Maria Sobota Billing Address 1000 Englewood Pkwy
Email msobota@englewoodgov.org Englewood, Colorado 80110
Phone (303) 762-2409 United States
Order Details
Welcome to OpenGov! Thanks for using our software services.
Solution
List Price
Discount
Annual Fee
Total Fee
Reporting & Analysis and Transparency — Prorated Term
(11/2/2018 – 12/31/2018) $31,034.48 71% $9,000.00 $1,479.45
Reporting & Analysis and Transparency — Billed Annually
(1/1/2019 – 12/31/2021) $31,034.48 71% $9,000.00 $27,000.00
TOTAL ANNUAL
RECURRING FEE $9,000.00
GRAND TOTAL $28,479.45
Subscription Start Date: 11/2/2018 Subscription End Date: 12/31/2021
Billing Frequency: Annually in Advance — See Billing Table Below Payment Terms: Net thirty (30) days
Billing Date Amount Due
November 2, 2018 $1,479.45
January 1, 2019 $9,000.00
January 1, 2020 $9,000.00
January 1, 2021 $9,000.00
Agreement Governing this Order Form
This Order Form is entered into between OpenGov, Inc., with its principal place of business at 955 Charter Street, Redwood City, 94063 (“OpenGov”),
and you, the entity identified above (“Customer”), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services
Agreement dated ________________________ attached and incorporated herein. The Order Form and Software Services Agreement shall hereafter
be referred to as the "Agreement". Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and
payable, in advance, on the Subscription Start Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be
legally bound by, the OpenGov Terms and Conditions. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the
terms in the Agreement to the exclusion of all other terms.
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Signatures
Customer: City of Englewood, CO OPENGOV, INC.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement (this “Agreement”) is entered into by OpenGov, Inc., a Delaware corporation
with a principal place of business at 955 Charter Street, Redwood City, California 94063 (“OpenGov”) and the
customer listed on the signature block below (“Customer”), as of the date of last signature below (the “Effective
Date”). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov’s hosted
software services.
1. DEFINITIONS
“Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for
example, by email or through Customer’s software systems of record). Customer Data shall not include any
confidential personally identifiable information.
“Documentation” means the documentation for the Software Services at the Customer Resource Center page
found at https://opengov.zendesk.com.
“Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding
the Software Services provided by Customer to OpenGov, including feedback provided through online developer
community forums.
“Initial Term” means the initial license term specified in number of years on the Order Form, commencing on
the Effective Date.
“Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights
associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark
and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in
intellectual property of every kind and nature.
“Order Form” means OpenGov’s Software Services order form that: (a) specifies the Software Services
provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both
parties.
“Renewal Term” means each additional renewal period, which shall be for a one (1) year period, for which this
Agreement is extended pursuant to Section 7.2.
2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES
2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially
reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov
and Customer (“Software Services”).
2.2 Support. Customer support is available by email to support@opengov.com or by using the chat messaging
functionality of the Software Services, both of which are available during OpenGov’s standard business hours.
Customer may report issues any time. However, OpenGov will address issues during business hours.
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2.3 Professional Services.
(a) If OpenGov or its authorized independent contractors provides professional services to Customer, such as
implementation services, then these professional services will be described in a statement of work (“SOW”) agreed
to by the parties (the “Professional Services”). For Professional Services performed on a time and materials
basis, any pre-paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any
unused pre-paid Professional Services Fees shall be forfeited.
(b) Unless the SOW provides otherwise, all reasonable travel expenses, pre-approved by Customer and
incurred by OpenGov in performing the professional services will be reimbursed by Customer. Travel expenses
include cost of coach airfare travel round trip from the individual’s location to Customer's location, reasonable hotel
accommodations, ground transportation and meals.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as
expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a)
use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble,
decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent
applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host,
disclose, outsource or otherwise commercially exploit the copy, rent, lease, distribute, assign, sell, or otherwise
commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of
the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software
Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov
or the Software Services platform.
3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party
software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the
Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the
Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all
uses of Customer user accounts by any party other than OpenGov.
4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA
4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual
Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts,
graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole
or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement,
OpenGov hereby grants to Customer a non-exclusive, royalty-free license during the Term to use the Software
Services.
4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property
Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit its partners
to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing,
business development, product enhancement, customer service, or for analyzing such data and publicly disclosing
such analysis (“Insights”), provided that in all such uses Customer Data is rendered anonymous such that
Customer is no longer identifiable.
4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any
time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return
Customer Data to Customer.
4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual,
worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback.
OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation
based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the
improvements and modifications.
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5. CONFIDENTIALITY
5.1 Each party (the “Receiving Party”) agrees not to disclose any Confidential Information of the other party (the
“Disclosing Party”) without the Disclosing Party’s prior written consent, except as provided below. The Receiving
Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement;
and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to
its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding
the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order,
provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is
given to the Disclosing Party.
5.2 “Confidential Information" means all confidential business, technical, and financial information of the
disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be
understood to be confidential given the nature of the information and/or the circumstances surrounding the
disclosure (including the terms of the applicable Software Agreement). OpenGov’s Confidential Information
includes, without limitation, the software underlying the Software Services and all Documentation.
5.3 Notwithstanding the foregoing, “Confidential Information” does not include: (a) “Public Data,” which is data
that the Customer has previously released to the public, would be required to release to the public, upon request,
according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available
to the public in conjunction with the Software Services. Confidential Information does not include (b) information
that has become publicly known through no breach by the receiving party; (c) information that was rightfully received
by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently
developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.
6. PAYMENT OF FEES
6.1 Fees; Invoicing; Payment; Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term (“Software Services
Fees”) and the fees for Professional Services (“Professional Services Fees”) are set forth in the applicable Order
Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as “Fees”.
(b) Inflation Adjustment. OpenGov shall increase the Fees payable for the Software Services during any
Renewal Term by 4% each year of the Renewal Term.
(c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on
the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form.
(d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for travel expenses
incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty
(30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.
6.2 Credit Card Customers. Customer will provide OpenGov with valid credit card information and promptly notify
OpenGov of any changes necessary to charge the credit card at billing@opengov.com. Please update your credit
card information when necessary. The provision of credit card information to OpenGov authorizes OpenGov to
charge the credit card for all applicable Fees plus a 3% credit card processing fee. OpenGov processes credit card
payments through a secure third party processing partner and does not take receipt of credit card information itself.
6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes
(“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on
OpenGov’s net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be
payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any
Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any
liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions
contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence
of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.
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7. TERM & TERMINATION
7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the
Effective Date and shall continue until the Subscription End Date specified on the Order Form (the “Initial Term”).
7.2 Renewal. Unless either party terminates this Agreement in writing no less than thirty (30) days before the end
of the Initial Term, this Agreement shall renew for another period of the same duration as the Initial Term (the
“Renewal Term” and together with the Initial Term, the “Term”).
7.3 Termination. Unless either party declines to renew in writing no less than thirty (30) days before the end of the
applicable term, this Agreement shall renew for an additional one (1) year period (“Renewal Term”).
7.4 Non-Appropriation. Customer may terminate this Agreement, upon providing at least thirty (30) days notice
prior to the annual anniversary date of the Agreement ("Anniversary Date") upon the occurrence of an Event of Non-
Appropriation as defined below. An "Event of Non-Appropriation" occurs when Customer’s governing body fails to
approve, allocate or otherwise appropriate funds for the next fiscal year sufficient for the payment of the next year’s
fees set forth herein, provided that: a) prior to each Anniversary Date, Customer uses all reasonable efforts that are
lawful and within Customer's official power and subject to the inherent discretion of the governing body, to secure
the appropriate funds for the next year's Fees, including indicating the Software Services serve an essential purpose
to Customer; and b) prior to each Anniversary Date, Customer has not acquired products or services or issued a
request for proposals for similar products or services during this period which are similar to the Software Services
or has not hired any third party or allowed its own employees to use other services in place of the Software
Services. Customer shall permit OpenGov to assist with the efforts in a) above, including providing OpenGov with
direct access to Customer's applicable appropriations team.
7.5 Effect of Termination.
(a) In General. Upon termination or expiration of this Agreement: (a) Customer shall pay in full for all Software
Services and Professional Services performed up to and including the effective date of termination, (b) all Software
Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other
party or, at the other party’s option, destroy all Confidential Information of the other party in its possession.
(b) Deletion of Customer Data. If Customer requests deletion of its Customer Data in writing prior to the date
of termination or expiration of this Agreement, then OpenGov will permanently and irrevocably delete Customer
Data, excluding any Insights, stored by its cloud hosting provider within ten (10) days of the date of termination or
expiration of this Agreement. Such request must be addressed to “OpenGov Vice President, Customer Success”
at OpenGov’s address for notice described at Section 10.
7.6 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section
6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9
(Limitation of Liability) and Section 10 (Miscellaneous).
8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER
8.1 By OpenGov.
(a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to
enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional
and workmanlike manner in accordance with the related statement of work and generally prevailing industry
standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s
entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform all such
work as warranted, Customer will be entitled to recover all fees paid to Contractor for the deficient work. Customer
must make any claim under the foregoing warranty to Contractor in writing within ninety (90) days of performance
of such work in order to receive such warranty remedies.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90)
days, the Software Services will perform in all material respects in accordance with the Documentation. The
foregoing warranty does not apply to any Software Services that have been used in a manner other than as set
forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software
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Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1(b) must be submitted in
writing to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair
or replace any nonconforming Software Services so that the affected portion of the Software Services operates as
warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-
paid, unused portion of the Fee for such Software Services.
8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into
and perform this Agreement; and (ii) OpenGov’s use of the Customer Data pursuant to this Agreement will not
infringe, violate or misappropriate the Intellectual Property Rights of any third party.
8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION
8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY
INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR
ANY MATTER BEYOND SUCH PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2 By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY
CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES
UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply
to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its
obligations set forth in Section 5 (Confidentiality), (b) claim arising out of fraud or willful misconduct by either party
and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to
the extent set forth above, some of the above limitations may not apply to Customer.
10. MISCELLANEOUS
10.1 Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing
and promotional purposes in connection with OpenGov’s website and marketing materials, subject to Customer’s
trademark usage guidelines provided to OpenGov.
10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone
communications. However, for notices required by the Agreement (in Sections where the word “notice” appears)
the parties must communicate more formally in a writing given by personal delivery, by pre-paid first-class mail or
by overnight courier to the address specified in the most recent Order Form (or such other address as may be
specified in writing in accordance with this Section).
10.3 Anti-corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or
thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and
entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of
the above restriction then OpenGov shall promptly notify Customer.
10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized
use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which
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damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to
any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without
being required to post a bond or other surety or to prove either actual damages or that damages would be an
inadequate remedy.
10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure
in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of
governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities,
or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from
performing.
10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement
will not create a continuing waiver or any expectation of non-enforcement. There are no third-party beneficiaries to
this Agreement.
10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this
Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which
consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent
but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity
that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase,
merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to
the benefit of and bind each party’s permitted assigns and successors.
10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this
Agreement and neither party has any authority of any kind to bind the other party in any respect.
10.9 Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will
be entitled to recover costs and attorneys’ fees.
10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Colorado
without regard to its conflict of laws provisions.
10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding
of the parties and supersedes and cancels all previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding,
unless in writing and signed by an authorized representative of each party.
Signatures
Customer: City of Englewood, CO OPENGOV, INC.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
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