Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022-08-01 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, August 1, 2022 ♦ 6:00 PM Council dinner will be provided at 5:30pm To view the meeting, please follow this link to our YouTube live stream link: https://www.youtube.com/watch?v=XhMulDp3hIw 1. Study Session Topic a. Chair Bill Lesage, Vice Chair Josh Newell and members of the Budget Advisory Committee will be present to review the 2022 Budget Advisory Committee Annual Report. 6:00pm-6:35pm 1a Information Presentation: 15 minutes Discussion: 20 minutes b. Director of Finance Jackie Loh will be present to review proposed Financial Policies revisions 6:35pm-7:00pm 1b Information & Direction Presentation: 15 minutes Discussion: 10 minutes 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of July 25, 2022. 5a 6. Appointments, Communications, Proclamations, and Recognition 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. Page 1 of 290 Englewood City Council Regular Agenda August 1, 2022 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. a. Dan Tovado with Confluence Builders will address Council regarding an upcoming project, The Emerson. 7a b. Jeremiah Kell-Clark, an Englewood resident, will address Council regarding 5G cell towers. c. Steve Kelly, an Englewood resident, will address Council. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment at the upcoming City Council meeting on Monday, August 1st, please visit https://englewoodco.zoom.us/webinar/register/WN_Qj_v-Z-KS3eYGC8_0qnQmQ to register, or plan to attend the meeting in person at 1000 Englewood Pkwy, Second Floor Council Chambers. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m.Tuesday, August 2nd. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 40 - Amending Title 1, Chapter 7, Sections 1-7A-5 and 1-7A-9 of the Englewood Municipal Code 9ai Staff recommends City Council approve a Bill for an Ordinance amending the municipal code to authorize prosecution and court staff to serve summons and subpoenas and to authorize the court to convert a warrant to a summons for service at court in lieu of arrest. Staff: City Attorney Tamara Niles ii. CB 42 - DOLA Special Initiative Grant 9aii Staff recommends City Council approve a Bill for an Ordinance to accept the DOLA Special Initiative Grant. Staff: Aquatics Manager Brad Anderson, Parks, Recreation, Library & Golf Page 2 of 290 Englewood City Council Regular Agenda August 1, 2022 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. iii. CB 43 - IGA with Arapahoe County for Coordinated Election Services 9aiii Staff recommends City Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 8, 2022 Coordinated Election. Staff: City Clerk Stephanie Carlile b. Approval of Ordinances on Second Reading. i. CB 38 - Cooperative Agreement Regarding Pass-Through Revenue for School Finance Act Compliance with Englewood Schools. 9bi Staff recommends City Council approve an Ordinance for the Cooperative Agreement regarding Pass-Through Revenue for School Finance Act Compliance with Englewood Schools. Staff: Director of Community Development Brad Power, Redevelopment Manager Dan Poremba, and EDDA Executive Director Hilarie Portell 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 c. Resolutions and Motions i. Contract to provide security services for EEF and Civic Center properties. 11ci Staff recommends City Council approve, by Motion, a contract to provide security services for EEF and Civic Center properties. This is a Contract for Services for a not-to-exceed amount of $ 500,000.00. Staff: Director of Public Works Maria D'Andrea and Senior Capital Project Specialist Melinda Goblirsch ii. Quarter Two Updates and Modifications to the City of Englewood Strategic Plan. 11cii Staff recommends City Council approve, by Motion, the 2022 Quarter two updates, and modifications to the City of Englewood Strategic Plan. Staff: Assistant City Manager Tim Dodd 12. General Discussion a. Mayor's Choice i. Centennial Park off leash rules discussion ii. Separate agendas for Study Sessions and Regular meetings discussion. Page 3 of 290 Englewood City Council Regular Agenda August 1, 2022 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 4 of 290 STUDY SESSION TO: Mayor and Council FROM: Bill Lesage, Josh Newell DEPARTMENT: Budget Advisory Committee DATE: August 1, 2022 SUBJECT: Budget Advisory Committee Annual Report Review DESCRIPTION: Budget Advisory Committee Annual Report Review RECOMMENDATION: Chair Bill Lesage and Vice Chair Josh Newell and members of the Budget Advisory Committee (BAC) are present to review the 2022 Budget Advisory Committee Annual Report. During the discussion, the BAC welcomes comments, questions and further City Council direction for the 2023 Annual Report. SUMMARY: The Budget Advisory Committee was established in 2013 by Ordinance No. 16, Series 2013. Provided below are a few excerpts from the Englewood Municipal Code Title 2-Boards and Commission Chapter 14-Budget Advisory Committee identifying the BAC's purpose, powers and duties including the annual report requirement. 2-14-1: - Purpose. The Budget Advisory Committee (BAC) is established by Council and the City Manager to advise the City on the development, implementation, and evaluation of the annual City Budget. Participation in Budget Advisory Committee is an opportunity not only to advise on the prioritization of how City tax dollars are spent, but also to advise policymakers in their decision-making process in an open and transparent process. 2-14-5: - Powers and Duties. The Budget Advisory Committee shall have the following powers and duties. E. The Budget Advisory Committee may submit annually to the City Manager, not less than ninety (90) days prior to the submission of the budget, a list of recommended capital improvements, arranged in order of preference, which in the opinion of the Committee, are necessary or desirable to be constructed during the forthcoming five-year period. F. Once the budgets have been reviewed and have incorporated requests for new programs and/or personnel authorized by the City Manager, the Budget Advisory Committee shall submit a written report of its findings and recommendations (BAC Report) at least annually. Page 5 of 290 G. In addition to those reports set forth in subsection F above, the Budget Advisory Committee may, as deemed necessary by the BAC, submit to the City Council a short report detailing specific issues reviewed by the BAC. Over the past year, the BAC has met with each of the city departments under a new format. Department budget presentations focused on how they impacted the city's goals and how those goals linked to the city's following outcomes/results: • Neighborhoods - Vibrant engaged, and connected neighborhoods as part of the Englewood community • Local Economy - A city that that retains and supporting existing businesses while attracting and promoting new business ventures • Infrastructure and Transportation - • Sustainability - A city that stewards its resources for the benefit of current and future generations • Safety - A city that protects and serves the community and its people with professionalism and responsiveness • Community Wellbeing - A city that provides satisfying opportunities for the vitality, enrichment, welfare, and happiness of the community • Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable Although the department presentations were grouped by their influence on the seven city outcomes/results, the content contained the following sections: • Outcome Overview • Department Overview • 2021 Funds Returned to Fund Balance • Challenges Faced • Top Three Capital Priorities • Help Needed from BAC The BAC fulfilled its relatively new added duty pertaining to capital projects view by submitting it's first recommendation for capital projects to be included in the city's 2023 Capital Improvement Plan (CIP). COUNCIL ACTION REQUESTED: City Council is asked to provide feedback regarding the annual report and provide topics for the BAC to research for the 2023 annual report. FINANCIAL IMPLICATIONS: N/A OUTREACH/COMMUNICATIONS: The Budget Advisory Committee Annual Report ties directly or indirectly to the following city outcomes/results: Neighborhood, Local Economy, Infrastructure and Transportation, Sustainability, Safety, Community Wellbeing and Governance ATTACHMENTS: Page 6 of 290 Budget Advisory Committee 2022 Annual Report Page 7 of 290 City of Englewood, Colorado Budget Advisory Committee 2022 Annual Report Submitted July 27, 2021 Committee Members: Josh Newell, Chair Minkyu Jeon, Vice Chair Bill Lesage Suzanne Dircksen James Horan Peter Eckel Page 8 of 290 Introduction The past year has been an exciting year of change for the Budget Advisory Committee (BAC). We elected a new Chair and Vice Chair as Chelsea Nunnenkamp was elected to City Council and we welcomed members Lesage, Horan, and Eckel to the group. With the help of Assistant City Manager Tim Dodd, we restructured our approach to better align with the timing of the budget cycle and the City’s strategic plan. Though our presentation does not follow a format which directly maps to the strategic plan, it is grounded in supporting the City’s vision. Our most impactful change this year, and one you will hear more about shortly, was our engagement in the capital improvement project budget process and we provided the first ever BAC recommendation for the 2023 Capital Projects. We appreciate the opportunity to have met with Administration; the Attorney’s Office; IT; HR; Finance; Parks and Recreation, Library, Golf; Community Development; Communications; Police; Municipal Court; Public Works and Utilities. Recruitment and Retention Throughout the year, the common theme at each BAC meeting was the challenge to recruit and retain qualified and desirable employees in nearly all departments in the City. The BAC asked the following in a standard list of questions to each department: What challenges does your department face with respect to budget? This is a complete list of responses with respect to recruitment and retention: South Platte Renew - “Hiring difficulties” Utilities - “Staffing - recruitment and retention” Public Works - “Personnel - retaining good employees; attracting new ones” City Attorney’s Office - “Office understaffed most of 2021” Finance - “Hire and retain employees” PRLG - “Hiring and retention: Competition of wages; on-going resignations; seasonal staff not working full season (Pirates Cove); not enough full-time staff positions” Staffing shortages and turnover at South Platte Renew, Utilities, and Public Works potentially pose risk to the health and safety of customers and Englewood residents and increase expenses as current staff members accrue overtime pay to complete work required by regulatory agencies. Staffing shortages at Pirates Cove has resulted in routine closures this summer, negatively impacting the revenue stream to PRLG. The BAC advises Council to request a comprehensive market analysis of all positions in the departments listed above and protect funding for market adjustment increases city-wide as appropriate. Considering the feedback from employee exit interviews and wider market needs, new approaches should consider total compensation, including pay and benefits, as well as ways to better impact the Employee experience through organizational culture. Page 9 of 290 Capital Projects Process and ROI The capital projects budget review process this year focused on the Englewood strategic plan outcomes of governance, infrastructure, the local economy, neighborhoods, safety, sustainability, and transportation. Within the capital projects budget review process, the BAC and other boards and commissions had the opportunity to hear presentations from Public Works, the Police Department, Municipal Court, Finance and others. The presentations were engaging and interactive meetings where City departments provided in-depth information and insight into operations along with concerns, suggestions, and requests while providing feedback to questions from the BAC. Following these presentations, the BAC considered a few priorities while providing the budget recommendations for the Public Improvement (PIF) and Capital Projects (CPF) Funds. These priorities were infrastructure, public safety, ADA and accessibility projects, along with projects where investments could be optimized using grant or funding matched programs. The capital project budget discussions and recommendations held in the BAC meetings worked to produce meaningful budget inputs for the City. The capital improvements projects budget process resulted in a well-considered budget which stresses infrastructure and public safety projects such as bridge maintenance and rehabilitation, street light repairs and upgrades, network development, IT and computer investments, security and facilities upgrades, concrete, and ADA and accessibility projects. Our recommendations also stress a multi-city Broadway corridor study in which Englewood will work with surrounding cities to improve transportation through Englewood among other important capital investments. It is the BAC’s intention to continue to support all City capital projects to the extent the budget can be allocated. We hope that in the future we can expand funding allocations into other capital projects as we work to reduce our infrastructure and public safety targets first. This was the first year the BAC participated in the capital improvement project budget process, and we would be amiss if we did not acknowledge the challenges and financial constraints the City faces each year, specifically, evaluating Tier 1 requests that exceed budget availability. During our discussions, we had trouble prioritizing many projects, as most were deserving of funding. This was in a year with a higher-than-normal capital funds budget. We can only imagine the challenges the council has faced in the past and look forward to continuing to offer our recommendations moving forward. One of the challenges we faced was trying to better understand which Tier 1 requests were new projects, continuation of previously approved projects, ongoing maintenance, other ongoing programs, or studies. Similarly, at the beginning of our discussions we were not fully aware of what specific projects had matching funding opportunities and for how much. It put us at risk of not including projects related to grants, important ongoing programs and not properly maintaining previous investments. In their presentation to the BAC, Public Works categorized their funding in three areas - Studies, Projects, and Programs. We recommend the Capital Page 10 of 290 Projects Process adopt the same approach for all requests moving forward, allowing for better recommendations from the BAC moving forward. Another challenge we faced was understanding the cost to completion of certain projects, and specifically how it would be funded in future years. Two examples that were funded this year are the Old Hamden Complete Streets and the Union Avenue Bridge. Both have large funding needs to complete the project next year, regardless of what the budget next year will be. Specific to the Union Avenue Bridge, our understanding is this has been a long-delayed project, partly due to these reasons. One consideration is to put a limit on the size of project that can be requested via the capital project budget process and requiring any project exceeding the limit to have a more in-depth cost analysis and plan on how to fund the entire project to completion. Combining both a better understanding of which requests are categorized as Studies, Projects, or Programs with an understanding of cost to completion, we feel we would be able to better advise Council on the best way to efficiently use the budget, short term and long term. Additionally, it would allow us to make recommendations on vital projects we believe the City should put resources into discovering alternative, independent, and/or dedicated financing for. A recent example of this, the BAC supports the ballot measures for dedicated funding for Pavement Maintenance, which would allow for the needed funds to keep our streets up to standard, while allowing other projects to be considered via the Capital Projects Process in future years. In furthering the capital project budget process, the BAC will, where the information is available, evaluate the return on investments made through the capital project budgeting process. This will include long-term goals and initiatives covering the Englewood strategic plan in order to understand the outcomes and results reached from the specific, funded capital projects. Our recommendation is to incorporate more performance records for investments made on these projects to facilitate a complete and measured return for each capital investment. The metrics used to interpret the return on investment by project could include the value of the investment over the useful life term, the benefit provided, the risk or future cost of not investing, any capital savings received along with a measured risk-to-benefit cost, if measurable. With this results- oriented approach, we hope to encourage a more direct return on investment analysis year- over-year understanding that there may be projects which are difficult to directly measure the degree to which they perform financially. The BAC hopes to continue to provide a worthwhile review and recommendation on all capital project budgets based on the City’s strategic plan promoting a quantitative return on investment assessment. Community Outreach and Engagement The BAC feels promoting Englewood and its story is important to Englewood’s growth and management of growth. If you follow the City on social media or read the materials sent to residences it is easy to highlight the work of our Neighborhood Resourcing and Communications teams. The BAC appreciates various outreach methods (e.g., social media Page 11 of 290 posts, flyers, surveys) to inform Englewood citizens of upcoming events, advisory notices, etc. and feels strongly that the City should continue investing in these resources. It became apparent during our conversations how interwoven the outreach is among the City’s departments. For example, Utilities widely distributed materials to educate citizens on their short- and long-term projects and the Englewood Citizen and Recreation Guide is the only form of communication that reaches all residents. On more than one occasion the BAC would discuss recent surveys and materials we received and the subsequent benefits (e.g., advanced street sweeping notices). It is our belief that consistently informed citizens (or customers) who have access to communications materials and are able to “self-help” are less likely to reach out to the City for support via a phone call or email. We support continued funding to the Communications department and individual departmental communications needs to not only maintain current levels of outreach but to expand further communications to citizens. Communications needs additional headcount to support the increased needs within the City. The BAC acknowledges not only the budgetary constraints but also the hiring and retention challenges. That said, we do encourage the Council and Staff to ensure that proper staffing exists within Communications so that good internal experience is provided to Departments which will ultimately be paid forward in a positive Citizen experience. In addition, the rising costs of paper and professional services is creating an impact that will need to be reviewed if the City intends to maintain even current levels of outreach. The BAC advises the City to explore opportunities with the Englewood Schools to see if there are any video, social media, business, and/or marketing clubs which could be leveraged to assist with creation of content that may both mutually benefit students and provide cost savings to the City. The BAC has proactively reached out to Dr. Wendy Rubin for input into this idea and will pass along any feedback to the City Manager’s Office. The need to ensure the City remains focused and dedicated to community outreach and engagement will not only help with perception of the functions within the City but also fuel the spark of future leaders and volunteers. Parks and Rec Bond Issuance The BAC commends Parks Recreation Library and Golf for the department’s fiscal adaptability during economic downturn, and for maintaining low-cost fees for both residents and non- residents. The BAC acknowledges the City’s parks, recreation centers, and Pirates Cove all have aging infrastructure which diminish the safety, accessibility, and aesthetic quality to visitors. As Pirates Cove generates substantial revenue to PRLG each year, the BAC feels funding improvements to Pirates Cove is not only essential to the water park but to all PRLG facilities. Additionally, maintaining and improving park infrastructure is a means to provide quality recreation to members of the community who depend on low- or no-cost access to recreation. For these Page 12 of 290 reasons, the BAC supports a 2023 bond initiative to fund improvements to aging infrastructure in our parks, at the Englewood and Malley Recreation Centers, and at Pirates Cove. Support for Grant Writing The BAC appreciates the City’s intentionality in seeking new funding sources and thanks Council, City Manager Lewis, and staff for considering grant opportunities to benefit financially the City of Englewood. Like the 2021 Annual Report the BAC presented to the Council, the BAC heard from several departments the need for assistance with pursing grant funding, as well as grant-writing assistance. The BAC encourages the City to employ or contract with a grant manager, to be assigned to the City Manager’s Office, at a minimum of 1.0 FTE. The grant manager may be a generalist position to 1) seek funding announcements, 2) coordinate all phases of the grant application from Letter of Intent to submission, and 3) pursue funding for and distribution of grant funds to Englewood’s citizens and business community. The grant manager will collaborate with department-specific subject matter experts in budget development, drafting statements of work, and writing and editing proposals. Public Safety and Police Funding Many factors need to be considered in improving and maintaining safety in Englewood. The BAC is supportive of the City’s approach to diversifying its public safety operations with initiatives such as alternative policing methods and restorative justice programs. However, these are not a replacement for a “traditional” police approach. As such, we thank Council for approving the ballot measure for a tax increase to fund alternative policing approaches, freeing up previously diverted funds to support the City’s patrol officers and impact team. In addition to mitigating EPD’s training and retention challenges, the funds will provide officers additional time needed to meet increasing documentation requirements and allow patrol officers to spend more time for proactive policing in the community and to focus on situations they are uniquely qualified to handle. We see great benefit in implementing public safety through multiple approaches, including traditional policing, alternative policing, and diversion programs. No singular approach will work for every situation. As such, when communicating with citizens about the importance of directly funding alternative policing approaches, we believe educating the public about the benefits alternative policing has upon traditional policing approaches will not only lead to more people to be supportive of the ballot measure, but also help build more trust between the community and the City’s public safety officers. Page 13 of 290 Recognition The BAC acknowledges Council and Directors for protecting funds for projects and initiatives that foster civic engagement and community wellbeing. • To the Communications Department for coordinating Neighborhood Nights, offering the Block Party Trailer and Backyard Movie kits, and issuing Neighborhood Improvement grants. • To Council and the Public Works Department for issuing two RFPs for single hauler waste service and diligently evaluating the proposals. Although the single hauler system did not come to fruition, the BAC appreciates the level of engagement and integrity put forth in the decision-making process. • To the City Manager’s Office and Finance Department, for inviting Boards and Commissions to advise budget development for capital improvement projects. • To Assistant City Manager Tim Dodd for orienting the BAC to the City’s strategic plan and encouraging the BAC to realign our meetings and reporting structure to align with the seven strategic plan outcomes. • To the City Manager’s Office and the DEI Committee, for continued investment and focus on diversity, equity, inclusion and accessibility. Closing We commend the City and Council for their ongoing diligence in managing the City’s budget. Having insight into the capital projects budget process allowed the BAC to become more engaged in the budgeting process, and we thank the City Manager for inviting us to advise in this capacity. Recapping important takeaways from our meetings over the last year, the BAC advises Council to consider the following: • Approve a budget that will foster recruitment and retention efforts in departments that are experiencing staffing strains. • Prioritize capital improvement projections that improve infrastructure, public safety, and accessibility. • Categorize capital improvement projects as either Studies, Projects, or Programs and provide a cost-to-completion for each line item. • Approve projects that are funded by grants and/or matching programs. • Consider ballot measures which support major funding needs, including Pavement Maintenance, Parks and Rec, and Public Safety. The BAC appreciates the opportunity to offer our advice and recommendations to Council and we look forward to presenting our annual report at the August 1 City Council meeting. Page 14 of 290 STUDY SESSION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: August 1, 2022 SUBJECT: Financial Policies Update DESCRIPTION: Financial policies update RECOMMENDATION: Finance Director Jackie Loh to review the resolution outlining the following proposed Financial Policies revisions: • Investment Policy • General Fund Balance Policy Kevin Engels, Finance Manager for the City and Mary Donovan, Senior Portfolio Manager wit h the City’s investment advisory firm, Insight Investment, will also be present to discuss and answer questions related to the proposed Investment Policy changes. PREVIOUS COUNCIL ACTION: • March 21, 2016 - City Council approved Resolution No. 51 adopting the Englewood Financial Policies • February 22, 2021 - Budget Advisory Committee Members reviewed their City Reserves Fund Policy Issue Brief with City Council. This issue brief discussed the concept of a ratcheting and sliding reserve within the General Fund's Fund Balance • March 28, 2022 - General Fund Reserve Policy Review and discussion to modify the Financial Policy Fund Balance section to include an Unrestricted Reserve range (12% to 21.4% of operating revenues or expenditures whichever is more predictable) that would ratchet down during periods of expenditures exceeding revenues to a floor/minimum level (12%) and slides up when revenues exceed expenditures to a ceiling/maximum level (21.4%) SUMMARY: The city's financial policies were adopted in 2016 and the copy is attached including the proposed changes to the Investment and General Fund Balance policies. The Finance staff have reviewed the Financial Policies and recommend the following changes for City Council's consideration and final approval on August 15, 2022: Page 15 of 290 Investment Policy (Attached proposed Investment Policy) The City’s investment policy is periodically reviewed by the Finance staff in consultation with our investment advisory firm. The Finance staff will review and discuss the proposed investment Policy changes with Council as provided in the attached blacklined proposed Investment Policy. Please note the proposed Investment Policy replaces Exhibit D: Investment Pol icy in the Englewood Financial Policies document. Staff also recommends that the Englewood Municipal Code be changed to reflect that City Council will adopt changes to the Investment Policy as needed and by resolution rather than annually. General Fund Balance Policy (Attached Englewood Financial Policies Exhibit B: Fund Balance Policy Background Information: • The Government Finance Officers Association (GFOA) recommends, at a minimum, that general purpose governments maintain aggregate unrestricted fund balances in their general fund of no less than two months (16.67%) of regular general fund operating revenues or expenditures, whichever is most predictable. • The Budget Advisory Committee initially recommended the addition of the sliding and ratcheting reserve concept in their Annual Report dated August 3, 2020. On February 22, 2021, the Budget Advisory Committee Members reviewed their City Reserves Fund Policy Issue Brief with City Council. This issue brief discussed the concept of a ratcheting and sliding reserve within the General Fund's Fund Balance. City Council directed staff to discuss the pros and cons of the sliding and ratcheting reserve concept as applied to the General Fund Balance Policy. Staff discussed the sliding and ratcheting reserve concept at the March 28, 2022 Study Session. City Council further directed staff to draft a resolution outlining the sliding and ratcheting effects on the unrestricted reserve as applicable to the city's General Fund Balance Policy. In order to provide more flexibility within the General Fund's Fund Balance Policy, City Council decided to create an unrestricted reserve that can fluctuate depending on economic conditions. The unrestricted reserve may slide up or ratchet down along the 12% to 21.4% range that is based on the operating revenue or expenditures whichever is more predictable (for illustrative purposes we will use operating revenue in our example). The unrestricted reserve may decrease or ratchet down to no less than 12% of operating revenue to offset operating deficits (operating expenditures exceeding operating revenues). In the event the unrestricted reserve falls below 12%, city staff is directed to cut expenditures to ensure that the unrestricted reserve is within the 12% to 21.4% authorized range of operating revenue. Conversely, the unrestricted reserve may increase or slide up to 21.4% of operating revenues when operating revenues exceed expenditures. Once the maximum range for the unrestricted reserve is met, then Fund Balance in excess of the restricted and unrestricted reserves may be appropriated for one -time operational or capital needs as authorized by City Council. Potential unrestri cted reserve uses may be for the following (not an all-inclusive list): • Loan to another fund or component unit Page 16 of 290 • One-time operational requests such as feasibility studies, pilot projects/programs • Capital projects (fund those that would reduce O&M spending first) • Annual operating deficit due to extraordinary events, such as the 2008 housing financial crisis, the COVID-19 pandemic, or declared disasters ANALYSIS: Investment Policy The most recent review of the City’s investment policy was completed in June, 2022. The major changes being proposed are listed below: • Several references to the Director of Finance and Administrative Services are being changed to Finance Director • Language referencing the City’s pension plans (not covered by this policy) has been changed to match the Municipal Code • Lowering the minimum rating for Corporate Bonds and Bank Securities to A - from AA- allowing for better diversification and potentially higher yields • Maximum allowable investment allocation changes to better match State of Colorado Statutes. These percentages represent the maximum investment per category: • Certificates of Deposit-maximum allocation changed from 50% to 30% • Commercial Paper-maximum allocation changed from 40% to 30% with a maximum of 5% in any one issuer • Bankers Acceptances-maximum allocation changed from 20% to 30% with a maximum of 5% in any one issuer • Corporate Bonds and Bank Securities-remain at a maximum allocation of 30% with a maximum of 5% in any one issuer • Municipal Bonds-remain at a maximum allocation of 30% with a maximum of 5% in any one issuer The entire proposed investment policy is attached. General Fund Balance Policy Currently the unrestricted reserve is calculated at 16.7% of operating revenue or expenditures whichever is predictable. The proposed change is to incorporate an unrestricted reserve range from 12% to 21.4% of operating revenue or expenditures whichever is more predictable. This range will provide additional reserves when economic times are on an upturn and will provide funds to draw upon when economic times are on a downturn. The flexibility of the policy will enable staff to work with City Council to appropriate the unrestricted reserve for one-time operational and capital requests knowing that the reserve will not dip below 12% before expenditure cuts are made to maintain the authorized minimal unrestricted reserve amount. COUNCIL ACTION REQUESTED: Page 17 of 290 Staff seeks direction as to whether or not the resolution needs further clarifying changes prior to City Council's consideration and approval at the next Regular Meeting scheduled on Monday, August 15, 2022. FINANCIAL IMPLICATIONS: Investment Policy This investment policy covers approximately $110 million of City investments. General Fund Balance Policy The chart below provides the calculation change of the Unrestricted Reserve amount from 16.7% to a range spanning 12% to 21.4% of predictable operating revenue or expenditures. The example below uses the 2021 Actual Operating Revenues of $55,956,537. 2021 General Fund's Fund Balance Composition Restricted & Unrestricted Reserves 16.7% Current Balance 12.0% Revised MIN Balance 21.4% Revised MAX Balance General Fund Balance 12/31/2021 $17,034,292 $17,034,292 $17,034,292 General Fund Balance Designations: Restricted: TABOR emergency reserve * $ 1,800,000 $ 1,800,000 $ 1,800,000 ARPA Projects * $ 663,274 $ 663,274 $ 663,274 Unrestricted: Committed: Long-Term Asset Reserve $ 94,869 $ 94,869 $ 94,869 Unrestricted Reserve: 16.7% * $ 9,344,742 Unrestricted Reserve (minimum): 12% * $ 6,714,784 Unrestricted Reserve (maximum): 21.4% * $11,974,699 Unassigned Fund Balance $ 5,131,407 $ 7,761,365 $ 2,501,450 General Fund Balance 12/31/2021 $17,034,292 $17,034,292 $17,034,292 Less: Restricted and Unrestricted Reserves Sum(*) $11,808,016 $ 9,178,058 $14,437,973 Fund Balance in excess of restricted and unrestricted reserve amounts $ 5,226,276 $ 7,856,234 $ 2,596,319 CONNECTION TO STRATEGIC PLAN: Page 18 of 290 The proposed changes to the Financial Policies connects to the city's revenue and finance goals that align with Governance outcomes/results. The Governance outcome is described as follows: A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: Financial Policies Update Presentation Financial Policies Resolution Page 19 of 290 Financial Policies Update Presented By: Jackie Loh, Director of Finance Kevin Engels, Finance Manager Mary Donovan, Senior Portfolio Manager with Insight InvestmentPage 20 of 290 Review changes to the Englewood Financial Policies resolution prior to City Council’s vote on the resolution scheduled for August 15, 2022 •Review Investment Policy Changes Kevin Engels, Finance Manager Mary Donovan, Senior Portfolio Manager-Insight Investment the City’s investment advisory firm •Review General Fund Balance Policy Changes •Director of Finance, Jackie Loh Agenda Page 21 of 290 Investment Policy Update Page 22 of 290 The City’s investment policy covers approximately $110 million of City investments. This policy is periodically reviewed by staff in consultation with our investment advisory firm. The most recent review, completed in June 2022, identified the following recommended changes: •References to the “Director of Finance and Administrative Services” are being changed to “Director of Finance” to match the position title. •Language referencing the City’s pension plan investments (not covered by this policy) are being changed to match the language in the municipal code. Investment Policy Page 23 of 290 Other recommended changes include: •Lowering the minimum rating of Corporate Bonds and Bank Securities from AA-to A-to allow for better diversification and potentially higher yields. •Adjusting the maximum allowable investment allocations (percentage of total portfolio) within State of Colorado statutory guidelines: Investment Policy Investment Maximum Allocation Change Certificates of Deposit From 50% To 30% Commercial Paper From 40% To 30% with a maximum of 5% in any one issuer Bankers Acceptances From 20% To 30% with a maximum of 5% in any one issuer Corporate Bonds and Bank Securities Remain at a maximum allocation of 30% with a maximum of 5% in any one issuer Municipal Bonds Remain at a maximum allocation of 30% with a maximum of 5% in any one issuer Page 24 of 290 4-1-2:Investment of Municipal Funds. The City shall invest all funds and monies not immediately needed for the operating expenses of the City, except for City employee pension and the Firefighters' Pension Fund, the Volunteer Firefighters' Pension Fund, the Police Officers' Pension Fund, Non-Emergency Employees Retirement Plan Fund and other City employee retirement funds and plans, pursuant to an investment policy which shall be adopted by City Council resolution each year. A.The City shall distribute the investment earnings and losses in the following manner: on a monthly basis, the earnings or losses shall be distributed proportionally, based on the average cash balance available for investment in each fund. Funds with negative cash balance will not share in earnings or losses. Please Note: Staff recommended changes highlighted in yellow above. Investment Policy Ordinance Change Source: EMC Title 4 Municipal Finances and Taxation. Chapter 1 Municipal Finances.Page 25 of 290 Fund Balance Policy Update Page 26 of 290 •During March 2022, Staff reviewed the following with City Council: o General Fund’s Fund Balance Policy in terms of a targeted unrestricted reserve level based on historical data, including changes in Fund Balance (please refer to next slide) o Pros and Cons of changing the current rate from 16.7% to a range that could slide up to a maximum level and ratchet down to a minimum level o Considered the General Fund reserves of surrounding jurisdictions •City Council directed staff to draft a resolution to revise the General Fund’s Fund Balance Policy to incorporate the following: •A “sliding and ratcheting” unrestricted reserve, ranging from 12% to 21.4% based on operating revenues or expenditures whichever is more predictable Reserve Policy Review Highlights Page 27 of 290 General Fund Changes in Fund Balance (FB) 2009, $(1,867,806) 2010, $(740,278)2015, $(1,482,004) 2021 Amended Budget, ($17,067,869) 2021, ($7,892,643) $(18,000,000) $(13,000,000) $(8,000,000) $(3,000,000) $2,000,000 $7,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Amended Budget 2021 Page 28 of 290 Potential one-time uses of the Unassigned Fund Balance (changes underlined) Exhibit B: Fund Balance Policy, section Ill. FUND BALANCE CONSIDERATIONS UNDER GASB NO. 54, paragraph C.UNRESTRICTED FUND BALANCE, subparagraph (iii) UNASSIGNED fund balance… General Fund: Fund Balance Policy (iii)UNASSIGNED fund balance classification is comprised of residual net resources, in excess of the amounts in the foregoing categories…. Potential uses may be for the following (not an all-inclusive list): •Loan to another fund or component unit •One-time operational requests such as feasibility studies, pilot projects/programs •Capital projects (fund those that would reduce O&M spending first) •Annual operating deficit due to extraordinary events, such as the 2008 housing financial crisis and the COVID-19 pandemic or declared disasters Page 29 of 290 General Fund: Fund Balance Policy Addition of a “Sliding and Ratcheting” Unrestricted Reserve range between 12% and 21.4% within the General Fund’s Fund Balance (changes underlined) Exhibit B: Fund Balance Policy, section V. POLICY DIRECTIVES & OPERATIONAL GUIDELINES subsection 1 paragraphs A through E The City will make an annual determination as to its targeted unrestricted fund balance level…. unrestricted reserve in the General Fund balance as follows:equal to 16.67% A.An unrestricted reserve range of 12% to 21.4% based on the annual operating revenues or expenditures whichever is more predictable, B.As authorized by City Council, the unrestricted reserve may ratchet down to no lower than the 12% range floor (or minimum) and used to off-set operating expenditures in excess of revenues (operating deficit), C.Operating expenditures may be reduced to ensure the unrestricted reserve is maintained at least 12% of annual operating revenues or expenditures whichever is more predictable. D.As authorized by City Council, the unrestricted reserve may slide up to no higher than the 21.4% range ceiling (or maximum) based on operating revenues or expenditures whichever is more predictable E.Fund Balance in excess of the unrestricted reserve and restricted reserves (for example TABOR emergency reserve) may be used for one-time operational or capital amounts (examples identified in section III C (iii) UNASSIGNED fund balance above)Page 30 of 290 General Fund: Fund Balance Policy 16.70%12.00%21.40% 2021 General Fund's Fund Balance Composition Current Balance Revised MIN Balance Revised MAX Balance General Fund Balance - 12/31/2021 [1]17,034,292$ 17,034,292$ 17,034,292$ General Fund Balance Designations: Restricted: TABOR emergency reserve A 1,800,000$ 1,800,000$ 1,800,000$ ARPA Projects A 663,274$ 663,274$ 663,274$ Unrestricted: Committed: Long-Term Asset Reserve B 94,869$ 94,869$ 94,869$ Unrestricted Reserve: 16.7%C 9,344,742$ Unrestricted Reserve (minimum): 12%6,714,784$ Unrestricted Reserve (maximum): 21.4%C 11,974,699$ Unassigned Fund Balance [2]=[1]-A-B-C 5,131,407$ 7,761,365$ 2,501,450$ General Fund Balance - 12/31/2021 [3]=[2]+A+B+C 17,034,292$ 17,034,292$ 17,034,292$ Less: Restricted and Unrestricted Reserves [4]=A+C 11,808,016$ 9,178,058$ 14,437,973$ General Fund Balance in excess of restricted and unrestricted reserves [5]=[3]-[4]5,226,276$ 7,856,234$ 2,596,319$ The chart below provides the calculation change of the Unrestricted Reserve amount from 16.7% to a range spanning 12% to 21.4% based on the 2021 actual (audited) General Fund operating revenue of $55,956,537.Page 31 of 290 Next Step Date Process Step August 15, 2022 •Resolution amending the Englewood Financial Policies for City Council’s consideration and approval •Ordinance amending Title 4 Municipal Finances and Taxation, Chapter 1 Municipal Finances to remove the annual requirement to adopt the Investment Policy and follow the current practice of City Council adopting amendments to the Investment Policy as necessary Page 32 of 290 To seek direction on whether or not to amend the Englewood Financial Policies Page 33 of 290 Appendix Page 34 of 290 General Fund Reserve Policy Discussion March 28, 2022 Presented By: Jackie Loh Page 35 of 290 To seek direction on amending the General Fund’s Fund Balance (FB) Reserve Policy •Purpose of Fund Balance •Review 2007-2021 Changes in General Fund’s FB •Review General Fund’s FB Reserve Policy •Review BAC’s Ratcheting and Sliding Reserve Policy Amendment •Review Other Jurisdictions Reserve Policies Agenda Page 36 of 290 It is essential to maintain an adequate fund balance to mitigate current and future risks (volatile or unpredictable revenues or expenditures) and to ensure stable tax rates and services Fund Balance… “Rainy Day Fund” –fund balance increases or decreases due in part to operating surpluses or deficits respectively; stabilizing in the short-term expenditures exceeding revenue Reserves –set aside funds for the purpose of providing for obligations and liabilities, and meeting emergency needs Amounts in excess of adequate reserve level may be used to offset one-time expenditure outlays such as feasibility studies, pilot programs, capital acquisition or construction projects or backfill short-term operating deficits General Fund: Fund Balance Purpose Page 37 of 290 General Fund Changes in Fund Balance (FB) 2009, $(1,867,806) 2010, $(740,278)2015, $(1,482,004) 2021 Amended Budget, ($17,117,868) 2021 Unaudited, ($8,170,794) $(18,000,000) $(13,000,000) $(8,000,000) $(3,000,000) $2,000,000 $7,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Amended Budget 2021 Unaudited Page 38 of 290 General Fund Overview 2007-2014 General Fund 2007 2008 2009 2010 2011 2012 2013 2014 Revenue 38,011,402$ 39,178,660$ 37,078,724$ 36,819,579$ 38,306,575$ 39,889,799$ 40,901,819$ 42,872,493$ Expenditures 38,120,598$ 39,015,198$ 39,797,975$ 38,901,342$ 39,496,268$ 40,265,587$ 40,125,364$ 42,467,620$ Net Operating Rev(Exp)(109,196)$ 163,462$ (2,719,251)$ (2,081,763)$ (1,189,693)$ (375,788)$ 776,455$ 404,873$ Other Financing Sources (Uses) Transfer In 2,902,197$ 1,973,789$ 1,028,456$ 2,091,485$ 1,813,945$ 1,968,243$ 1,139,574$ 892,544$ Transfer Out 561,876$ 408,915$ 177,011$ 750,000$ 301,246$ 1,339,330$ 73,006$ -$ Net Other Financing Sources (Uses)2,340,321$ 1,564,874$ 851,445$ 1,341,485$ 1,512,699$ 628,913$ 1,066,568$ 892,544$ Change in Fund Balance 2,231,125$ 1,728,336$ (1,867,806)$ (740,278)$ 323,006$ 253,125$ 1,843,023$ 1,297,417$ Beginning Fund Balance 7,143,302$ 9,374,427$ 11,102,763$ 9,234,957$ 8,494,679$ 8,817,685$ 9,070,810$ 10,913,833$ Ending Fund Balance 9,374,427$ 11,102,763$ 9,234,957$ 8,494,679$ 8,817,685$ 9,070,810$ 10,913,833$ 12,211,250$ Unrestricted Reserve @ 16.7%6,347,904$ 6,542,836$ 6,192,147$ 6,148,870$ 6,397,198$ 6,661,596$ 6,830,604$ 7,159,706$ Unrestricted Reserve @ 12%4,561,368$ 4,701,439$ 4,449,447$ 4,418,349$ 4,596,789$ 4,786,776$ 4,908,218$ 5,144,699$ Unresticted Reserve @ 8%3,040,912$ 3,134,293$ 2,966,298$ 2,945,566$ 3,064,526$ 3,191,184$ 3,272,146$ 3,429,799$ Page 39 of 290 General Fund Overview 2015-2022 Budget General Fund Unaudited*Original Budget 2015 2016 2017 2018 2019 2020 2021 2022 Revenue 44,334,925$ 43,962,371$ 46,824,884$ 51,246,279$ 51,580,700$ 53,803,860$ 55,753,441$ 55,483,531$ Expenditures 44,337,189$ 43,462,223$ 43,320,959$ 44,578,890$ 46,891,630$ 51,125,794$ 53,029,309$ 55,505,749$ Net Operating Rev(Exp)(2,264)$ 500,148$ 3,503,925$ 6,667,389$ 4,689,070$ 2,678,066$ 2,724,132$ (22,218)$ Other Financing Sources (Uses) Transfer In 395,776$ 1,150,655$ 117,033$ 120,272$ 123,599$ 127,014$ 184,839$ 134,122$ Transfer Out 1,875,516$ 1,530,000$ 340,482$ 500,000$ 3,100,000$ -$ 11,079,765$ -$ Net Other Financing Sources (Uses)(1,479,740)$ (379,345)$ (223,449)$ (379,728)$ (2,976,401)$ 127,014$ (10,894,926)$ 134,122$ Change in Fund Balance (1,482,004)$ 120,803$ 3,280,476$ 6,287,661$ 1,712,669$ 2,805,080$ (8,170,794)$ 111,904$ Beginning Fund Balance 12,211,250$ 10,729,246$ 10,850,049$ 14,130,525$ 20,418,186$ 22,130,855$ 24,935,935$ 16,765,141$ Ending Fund Balance 10,729,246$ 10,850,049$ 14,130,525$ 20,418,186$ 22,130,855$ 24,935,935$ 16,765,141$ 16,877,045$ Unrestricted Reserve @ 16.7%7,403,932$ 7,341,716$ 7,819,756$ 8,558,129$ 8,613,977$ 8,985,245$ 9,310,825$ 9,265,750$ Unrestricted Reserve @ 12%5,320,191$ 5,275,485$ 5,618,986$ 6,149,553$ 6,189,684$ 6,456,463$ 6,690,413$ 6,658,024$ Unrestricted Reserve @ 8%3,546,794$ 3,516,990$ 3,745,991$ 4,099,702$ 4,126,456$ 4,304,309$ 4,460,275$ 4,438,682$ *Until the annual financial audit is completed, unaudited amounts are subject to change due to year end adjustmentsPage 40 of 290 2021 Fund Balance –Preliminary and Unaudited ARPA: American Rescue Plan Act LTAR: Long-Term Asset Reserve Unassigned Fund Balance is available for appropriation 2021 General Fund Changes in FB (Unaudited) 2021 Preliminary and Unaudited Original Budget Amended Budget Unaudited Actuals Variance (Un)Favorable Revenue 52,535,850$ 52,535,850$ 55,753,441$ 3,217,591$ Expenditures 54,521,582$ 58,708,792$ 53,029,309$ 5,679,483$ Net Rev(Exp)(1,985,732)$ (6,172,942)$ 2,724,132$ 8,897,074$ Other Financing Sources and Uses Transfer In 130,521$ 184,839$ 184,839$ -$ Transfer Out 3,000,000$ 11,079,765$ 11,079,765$ -$ Net Sources (Uses)(2,869,479)$ (10,894,926)$ (10,894,926)$ -$ Net change in Fund Balance (4,855,211)$ (17,067,868)$ (8,170,794)$ 8,897,074$ Beginning Fund Balance 24,935,935$ 24,935,935$ 24,935,935$ Est Ending Fund Balance 20,080,724$ 7,868,067$ 16,765,141$ Fund Balance Composition TABOR Emergency Reserve 1,720,000$ 1,720,000$ 1,720,000$ ARPA Restricted -$ -$ 688,641$ LTAR Committed 4,994,869$ 94,869$ 94,869$ Unrestricted Reserve @ 16.7%8,773,487$ 8,773,487$ 9,310,825$ Designated Fund Balance 15,488,356$ 10,588,356$ 11,814,335$ Unassigned Fund Balance 4,592,368$ (2,720,289)$ 4,950,806$ Page 41 of 290 Pros and Cons of the following Fund Balance (FB) Reserve Polices: •General Fund Reserve Policy •BAC Ratcheting and Sliding General Fund Reserve Policy General Fund FB Reserve Policy Page 42 of 290 V. POLICY DIRECTIVES & OPERATIONAL GUIDELINES The GFOA recommends, at a minimum, that general purpose governments maintain in aggregate an unrestricted fund balance in their General Fund that takes into account •No less than two months (16.67%) of operating revenues or expenditures, whichever is most predictable •Less than two months may suffice if more predictable contingencies are present such as higher revenue diversification resulting in less revenue volatility •All measures applied within the context of long-term forecasting so as to avoid the risk of reliance on the unrestricted fund balance at any one time •GFOA recognizes that a range of designated reserves may have sufficient liquidity through inclusion of funds formally designated for other purposes, yet available for re-designation should circumstances warrant General Fund Reserve Policy Source: Financial Policies; Resolution #51, Series 2016Page 43 of 290 PROS Provides for a healthy reserve level to mitigate against revenue shortfalls and higher than expected expenditures The calculation of the reserve policy is based on relatively predictable revenue or expenditure amounts Operating Reserve –16.7% of Revenues or Expenditures CONS The percentage rate does not take into account the historical use of fund balance National standard percentage rate may or may not be sufficient or even in excess of an amount needed Page 44 of 290 The BAC recommended amending the City’s reserve policy so that the target reserve is adjusted annually to account for the ebb and flow of revenue. The “ratcheting and sliding” reserve policy would provide for each budget year where revenue exceeds the projection, the reserve would increase by a to-be-determined ratio and the opposite would occur when revenues are below projections. For example. Revenues exceed projections: If the budget projected $50 million in revenue for 2020 and actual revenue was $51 million, then the reserve balance going into 2021 would increase by 50% or $500,000 (or another agreed upon ratio value) and the new City’s new reserve target would be increased by that amount. The $500,000 end-of-year surplus not added to the City’s reserves would be spent in 2021 or 2022. Revenues below projections: If end-of-year revenue is below projections, the reserves would be tapped and the reserve target would “slide down” by the deficit amount. This sliding could continue and the reserve target would decrease until the City’s reserves reach a pre-set limit (possibly 16.7% of revenue). Expenditure cuts may be required to fill the gap. The BAC Members consider that a “ratcheting and sliding” component to the reserve policy would demonstrate a thoughtful approach to the budget process that stabilizes the City’s finances in the long term, while allowing tax revenue to be timely spent on the public needs for which they were collected. Ratcheting and Sliding Reserve Methodology Source: 2020 BAC Annual Report; BAC = Budget Advisory CommitteePage 45 of 290 PROS •Considers the economic impact of fluctuating revenues during economic prosperity or downturn •Establishes a reserve range that provides flexibility, depending on the economic conditions Ratcheting and Sliding Reserve Methodology CONS •Reserves increase based on the revenue variance as compared to the budget/forecast rather than taking into consideration whether the operating revenues exceeds expenditures •Actual expenditure and revenue analysis is not taken into account under this policy Page 46 of 290 Other Jurisdictions FB Reserve Policy Source: Aug 2020 CRT-0152 City of Littleton Unassigned balances may be used to allow time for the city to restructure its operations in a deliberate manner, but such use will only take place in the context of long-term financial planning. •The minimum reserve amount is eight percent (8%) of approved General Fund operating expenditures with the desired maximum not to exceed eighteen percent (18%) at the end of the five year long range forecast. Included in this 8-18% reserve amount is the TABOR reserve of 3%. City of Denver The City and County of Denver's overall objective is to achieve structural balance between operating revenues and expenditures. The City has multiple reserves in the General Fund (GF) to address unforeseen revenue shortfalls or unanticipated expenditures. The specific reserves total approximately 20% and include: •A contingency reserve of 2 percent of expected General Fund expenditures. •Unassigned fund balance targeted at 15 percent of annual General Fund expenditures. •The state-required TABOR emergency reserve, which is 3 percent of all covered funds. •The policy reflects a tiered approach to the use of reserves based on the severity level of the situation. Page 47 of 290 Other Jurisdictions FB Reserve Policy Source: Aug 2020 CRT-0152 City of Greenwood Village In order to enact any of the following, the amendment must be publicized, and the resolution/ordinance must be adopted at a public meeting by a majority vote of the City Council: •Carryover Encumbrances and Projects. If a department has open purchase orders or uncompleted projects at the end of a fiscal year, those appropriations can be carried over to the next year to cover the actual expenses when they occur. This carryover must be approved by City Council through a budget amendment. •Prior Year Reserves or Uses of Fund Balance.Uses of prior years’ fund balances may be needed to adjust appropriations due to unanticipated costs which were not budgeted. •Departmental and Inter-Fund Transfers. If necessary, the Village may transfer appropriated monies between departments, within a fund, or from one fund to another fund. •Contingencies. For emergencies that could not have been reasonably foreseen at the time of the budget adoption, such as revenue shortfall or unanticipated expenses, the City Council can authorize a portion of the reserve for contingencies to be spent in that year. City of Sheridan The City has a goal to maintain a fund balance of $2.97M in 2020; this is approximately three months of expenses for the City. The general fund budget is projecting to end 2020 with a fund balance of $5,884,060. Page 48 of 290 1.Status Quo –keep the Unrestricted Reserve at 16.7% of operating revenue or expenditure, whichever is more predictable 2.Incorporate the Ratcheting and Sliding Methodology –Unrestricted Reserve minimum and maximum levels are set at 8% and 12% respectively of operating revenue; ratcheting or sliding is based on the General Fund Unassigned Fund Balance Amount Positive Unassigned Fund Balance that is in excess of the Unrestricted Reserve maximum level may be used for operations and/or transferred to the Capital Projects Funds (PIF and CPF) Sliding: Positive Unassigned Fund Balance is allocated first to the Unrestricted Reserve until the maximum level is reached, then any excess may be used for operations and/or transferred to the Capital Projects Funds (PIF or CPF) Ratcheting: Negative Unassigned Fund Balance is backfilled by the Unrestricted Reserve which is replenished based on future annual positive Unassigned Fund Balance up to the maximum level Alternatives PIF = Public Improvement Fund (30) CPF = Capital Projects Fund (31)Page 49 of 290 1.Status Quo –keep the Unrestricted Reserve at 16.7% of operating revenue or expenditure, whichever is more predictable 2.Incorporate the Ratcheting and Sliding Methodology –Unrestricted Reserve minimum and maximum levels are set at 8% and 12% respectively of operating revenue or expenditure; ratcheting or sliding is based on the General Fund Unassigned Fund Balance Amount Positive Unassigned Fund Balance is allocated first to the Unrestricted Reserve until the maximum level is reached, then any excess may be used for operations and/or transferred to the Capital Projects Funds (PIF or CPF) Negative Unassigned Fund Balance is backfilled by the Unrestricted Reserve which is replenished based on future annual positive Unassigned Fund Balance up to the maximum level Alternatives PIF = Public Improvement Fund (30) CPF = Capital Projects Fund (31)Page 50 of 290 3.Set the Unrestricted Reserve amount equal to 12% of operating revenue or expenditure, whichever is more predictable 2007-2021 historical General Fund annual operating surpluses and deficits indicates that an Unrestricted Reserve level based on 12% of revenue or expenditure is an adequate level Positive Unassigned Fund Balance in excess of Unrestricted Reserve level may be used for operations and/or transferred to the Capital Projects Funds (PIF and CPF) Negative Unassigned Fund Balance is backfilled by the Unrestricted Reserve which is replenished based on future annual Unassigned Fund Balance up to the 12% of operating revenue level Alternatives Continued PIF = Public Improvement Fund (30) CPF = Capital Projects Fund (31)Page 51 of 290 City Staff recommends alternative #3 Set the reserve policy percentage to 12% of operating revenue or expenditure, whichever is more predictable 2007-2021 historical General Fund annual operating surpluses and deficits indicates that an Unrestricted Reserve level based on 12% of revenue or expenditure is an adequate level Positive Unassigned Fund Balance in excess of Unrestricted Reserve level may be used for operations and/or transferred to the Capital Projects Funds (PIF and CPF) Negative Unassigned Fund Balance is backfilled by the Unrestricted Reserve which is replenished based on future annual Unassigned Fund Balance up to the 12% of operating revenue level Recommendation PIF = Public Improvement Fund (30) CPF = Capital Projects Fund (31)Page 52 of 290 Questions, Discussion and Direction To seek direction on amending the General Fund’s Fund Balance Reserve Policy Page 53 of 290 City of Englewood – Financial Policies 1 RESOLUTION NO. 51 SERIES OF 2016 A RESOLUTION AUTHORIZING THE ADOPTION OF THE ENGLEWOOD FINANCIAL POLICIES: STRUCTURALLY BALANCED BUDGET, FUND BALANCE POLICY, DEBT POLICY, INVESTMENT POLICY AND THE AUDIT PROCUREMENT. WHEREAS, the PPM Group has met with the Englewood City Council to discuss the best practices in financial policy management; and WHEREAS, the policies were written through a collaboration of the PFM Group and the Englewood Finance and Administrative Services Department and have been based on best practice and industry standard as recommended by the Government Finance Officers Association (GFOA); and WHEREAS, the GFOA states that "financial policies are central to a strategic, long- term approach to financial management."; and WHEREAS, the City has not adopted financial policies and it is recommended as the best practice to have financial policies in place to provide guidance and structure; and WHEREAS, the Structurally Balanced Budget Policy: The Policy contains key terms and approach for budget construction. The policy addresses fiscal health and long-term fiscal wellness through the matching of recurring revenues with recurring expenses and the use of one- time revenue sources with funding one-time expenditures; and WHEREAS, the Fund Balance Policy: The Policy enunciates the need for the City to maintain an unrestricted General Fund balance of 2 months of operating fund expenditures. Furthermore, the policy discusses the prioritization of fund balance usage and dictates that when balances fall below minimum prescriptions that the City will fulfill the required year-end balance before any other budget allocations are made for any subsequent year; and WHEREAS, the Debt Management Policy: This policy enunciates the necessity of performing a debt affordability study prior to any proposed debt issuance. It also prescribes the minimum savings threshold for any refunding of existing debt and sets 3% of $100,000 savings of net present value as the limit to move forward. The policy also clearly sets forth the rules by which the City would move forward with the issuance of any debt including that the City will not utilize derivative financing and that the maximum maturity of any debt issuance shall be 20 years; and WHEREAS, the Investment Policy: The City currently utilizes GFOA influenced investment policy that has not been formally adopted by the Englewood City Council. Page 54 of 290 City of Englewood – Financial Policies 2 The policy is very well written and just needs to be applied in all instances of fund investing going forward; and WHEREAS, the Audit Procurement Policy: This policy enunciates the rules by which the City shall follow with the selection of an independent financial auditor. These rules include that any audit firm must provide certified public accountants that are licensed to practice in Colorado. It also lays out the frequency by which audit procurement should be performed by soliciting proposals every 6 years. NOW, THEREFORE, BE IT RESOLVED 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 adoption of the Structurally Balanced Budget Policy, attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the adoption of the Fund Balance Policy, attached hereto as Exhibit B. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the adoption of the Debt Management Policy, attached hereto as Exhibit C. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes the adoption of the Investment Policy, attached hereto as Exhibit D. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes the adoption of the Audit Procurement Policy, attached hereto as Exhibit E. ADOPTED AND APPROVED this 21 day of March, 2016. Page 55 of 290 City of Englewood – Financial Policies – Structurally Balanced Budget 3 Exhibit A: Structurally Balanced Budget I. POLICY STATEMENT The City of Englewood is a political subdivision of the State, organized for the purpose of providing municipal services to residents of the City as defined In the Charter. The City is governed by a seven-member City Council. The Council's primary functions are to provide for the general operation and personnel of the City, to oversee the property, facilities, and financial affairs of the City, and to establish policies for the City. It is the Intention of the Council that this policy always be in compliance with the requirements of the Governmental Accounting Standards Board (GASB) and be Informed by the applicable Best Practices and Advisories developed by the Government Finance Officers Association ("GFOA"); however the Policy must also reflect the objectives and tolerances of the City. This Policy has been drafted with reference to the guidance of the GFOA as of the date of adoption. It is understood that the GFOA amends and modifies its guidance overtime. The Council assigns to the City Manager or the Managers designee overall responsibility for budget preparation, budget presentation and budget administration. For the purposes of this Policy, the City Managers designee is presumed to be the Director of Finance and Administrative Services (the "Director") who functions as the fiduciary entrusted to protect and enhance the City's financial condition. The Director Is to periodically review the GFOA's Best Practices and Advisories and recommend conforming modifications to this Policy as warranted. II. POLICY PURPOSE AND SCOPE This Policy will set guidelines for budget planning and procedures. The GFOA recommends that all state and local governments adopt rigorous policies, for all operating funds, aimed at achieving and maintaining a structurally balanced budget. A budget policy should include parameters for achieving and maintaining structural balance where recurring revenues are equal to recurring expenditures in the adopted budget. The annual budget is the financial plan for the operation of the City. It provides the framework for both expenditures and revenues for the year and translates into financial terms the programs and priorities of the City. The guidelines contained in this Policy adhere to the Colorado Constitution and State Statutes and reflect the recommended practices of the Government Finance Officers Association. Ill. LEGAL REQUIREMENTS The City is required to balance its budget each year as outlined in the City's Charter (X- 1-81 through 96) and the Colorado Revised Statutes (29-1-103). As established in the Charter, the budget shall contain a balance between the total estimated expenditures Page 56 of 290 City of Englewood – Financial Policies – Structurally Balanced Budget 4 and total anticipated revenue from all sources, taking into account the estimated general fund cash surplus or deficit at the end of the current fiscal year. The proposed budget shall be submitted to Council prior to September 15 of each year. IV. PRESENTATION Each year the Director shall cause to be prepared a budget preparation calendar which shall insure that all deadlines established by law for budget presentation, hearings and adoption and for certification of amounts to be raised by tax levies are met by the City. The budget calendar shall take into consideration the possible need to submit a request to raise additional local revenue to a vote by the City's electorate. The budget shall be presented in a summary format which is understandable by any lay person reviewing the City's budget. The budget format shall itemize expenditures of the City by fund. It shall describe the expenditure, show amount budgeted and amount estimated to be expended for the current fiscal year and the amount budgeted for the ensuing fiscal year. The budget shall include a uniform summary sheet for each fund administered by the City that details the beginning fund balance and anticipated ending fund balance for the budget year, the anticipated fund revenues for the budget year, the anticipated transfers and allocations that will occur to and from the fund during the budget year; the anticipated expenditures that will be made from the fund during the budget year, and the amount of reserves in the fund. The budget shall also disclose planned compliance with spending limitations outlined In Article X, Section 20, of the Colorado Constitution. V. DEFINITIONS OF KEY TERMS The GFOA recommends identification of key terms related to structural balance. These include: recurring and non-recurring revenues, recurring and non-recurring expenditures, and reserves. A. Recurring Revenues are the portion of the City's revenues that can reasonably be expected to continue year to year, with some degree of predictability. B. Non-Recurring Revenues are unreliable sources of funds that are typically short in duration and cannot be relied upon in future years. C. Recurring /Expenditures appear in the budget each year. These expenditures should be those that the City expects to fund every year in order to maintain current or status quo service levels. D. Non-Recurring Expenditures are obligations that are not expected to occur in future years. In general, the City has a greater degree of flexibility to defer these expenditures. Page 57 of 290 City of Englewood – Financial Policies – Structurally Balanced Budget 5 E. Reserves are the portion of fund balance that is set aside as a hedge against risk as contemplated in the Fund Balance Policy. The City shall define all revenues and expenditures by these terms. VI. STRUCTURAL BALANCE The City shall adopt a structurally balanced budget, where recurring revenues equal or exceed recurring expenditures. The budget shall identify how recurring revenues are aligned with or not aligned with recurring expenditures. For a variety of reasons, true structural balance may not be possible for the City at a given time. In such case, using reserves to balance the budget may be considered but only as contemplated in the Fund Balance Policy. Enterprise Funds are presumed to be operated in the manner as contemplated by TABOR and to that point would be expected to operate on a stand- alone basis. Accordingly, any exchange of funds from the General Fund and any other Fund is presumed for purposes of this Policy to reflect payment of internal service charges or to formally create a due to or due from, and should be considered in the same manner as the Fund Balance Policy's use of fund balance. This analysis and matching of revenues and expenditures helps inform the decision- making of the City. It provides an explanation for any variances in the budget and maintains a "spend within our means· approach to budgeting. Maintaining a structurally balanced budget is the basis for the current fiscal health and long-term fiscal wellness of the City. In the short term, achieving fiscal health means understanding the cast of all operations and the City's ability to pay. This Includes the establishment and maintenance of reserves as recognized in the Fund Balance Policy. The continuous evaluation of City revenues and expenditures along with long-term planning and program management allows the City to achieve overall fiscal wellness. VII. CHARGES AND FEES The Director shall, on a periodic basis, evaluate the sufficiency and adequacy of current charges and fees. This includes identifying the factors affecting the pricing of goods and services and the expectation of recovering costs. For further guidance during the evaluation, staff should utilize the GFOA's Best Practice "Establishing Government Charges and Fees." Particular areas far identification and discussion include, but are not limited to, the following: A. Anticipated operation and maintenance expenditures: B. Replacement and future costs of capital; and C. Fund balance. Page 58 of 290 City of Englewood – Financial Policies – Structurally Balanced Budget 6 VIII. CAPITAL PROJECTS Upon adoption of a capital budget or multi-year capital plan the City should present major capital program highlights in the operating budget document. The City shall also discuss and quantify the operating impact of capital projects in the budget document. The impacts should be identified on an individual project basis but may be summarized. A greater level of detail and inflation should be provided for non-routine capital projects than for routine projects, as non-routine projects may have a greater impact on the operating budget. Page 59 of 290 City of Englewood – Financial Policies – Fund Balance Policy 7 Exhibit B: Fund Balance Policy I. POLICY STATEMENT The City of Englewood is a political subdivision of the State, organized for the purpose of providing municipal services to residents of the City as defined in the charter. The City is governed by a seven-member City Council. The Council’s primary functions are to provide for the general operation and personnel of the City, to oversee the property, facilities, and financial affairs of the City, and to establish policies for the City. It is the intention of the Council that this policy always be in compliance with the requirements of the Governmental Accounting Standards (GASB) and be informed by the applicable Best Practices and Advisories developed by the Government Finance Officers Association ("GFOA"). However, the objectives and tolerances of the City must dictate the final form of the policy and adherence thereto. The City Council directs the City Manager or the Manager's designee to implement this policy. For the purpose of this Policy, the City Manager's designee is presumed to be the Director of Finance and Administrative Services (the "Director") who functions as the fiduciary entrusted to protect and enhance the City's financial condition. II. PURPOSE AND SCOPE This policy enables the City to prudently and responsibly address the implications of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions. The GFOA recommends that all state and local governments adopt comprehensive written financial management policies, including a formal policy on the level of fund balance maintained in the general fund. As of the date of its adoption, this policy was crafted drawing upon GFOA's Best Practice "Appropriate Level of Unrestricted Fund Balance in the General Fund" (approved September 2015), It is understood that GASB and GFOA periodically adopt, amend and modify their respective Statements and Best Practices and Advisories, The City Manager is to periodically review the promulgations of GASB and GFOA among other relevant sources and, as warranted, recommend conforming modifications to this policy. This policy sets guidelines addressing the appropriate level of fund balance so as to mitigate current and future risks. The policy is intended to enhance the quality of decisions about budgeting and net asset management. Through this policy, the Council will oversee the process by which the City will manage for revenue volatility, maintain adequate liquidity, manage and mitigate financial market risk, ensure stable tax rates, and anticipate City commitments and assignments. This policy should be read in its entirely and read in conjunction with other financial policies adopted by the City. In accordance with General Accepted Accounting Principles, the term fund balance refers to the difference between assets and liabilities under the modified accrual basis of accounting for governmental funds. Unrestricted fund balance refers to the categories of fund balance that include only resources without a constraint on spending or for Page 60 of 290 City of Englewood – Financial Policies – Fund Balance Policy 8 which the constraint on spending is imposed by the government itself. Unrestricted fund balance is a measure of economic stability, and adequate levels of unrestricted fund balance will assure liquidity and will mitigate the risks associated with revenue fluctuations and unanticipated expenditures. The adequacy of the general fund balance is a key credit consideration for the rating agencies. Ill. FUND BALANCE CONSIDERATIONS UNDER GASB NO. 54 GASB Statement No. 54 enhances the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. Statement No. 54 establishes fund balance classifications that comprise a hierarchy based primarily on the extent to which a government is bound to honor constraints imposed upon the use of the resources reported in governmental funds. Statement No. 54 guidelines classify governmental funds' fund balances in the following categories, based on the relative severity of the spending constraints. The final three categories are considered unrestricted categories, and such unrestricted fund amounts are subject to the prerogative of the governmental entity. A. NONSPENDABLE FUND BALANCES This classification represents amounts that are inherently nonspendable. The amounts may be in a nonspendable form (such as inventory, pre-paid rent, long term portion of notes receivable) or the amounts may be required by legal or contractual provisions to be maintained intact (such as the corpus of an endowment fund). B. RESTRICTED FUND BALANCES This classification includes amounts that are constrained to specific purposes. The constraints may be externally imposed (for example by creditors, granters, bondholders) or imposed by law. Examples of restricted fund balance for the City include grants, bond funds restricted for capital improvement projects, and funds restricted for debt service. C. UNRESTRICTED FUND BALANCE (i) COMMITTED fund balance classification is comprised of amounts that are constrained by formal action of the Council for a specific purpose(s). This classification may also include certain contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying such contractual requirements. Those funds committed by formal action of Council cannot be released from committed status or used for another purpose without a subsequent action of the Council. An example of committed fund balance for the City is the capital reserve fund balance. (ii) ASSIGNED fund balance classification is comprised of amounts that are intended for a specific purpose as evidenced by the City's current adopted budget. The City Manager or the City Manager's designee would have the authority to modify assigned fund balance. Page 61 of 290 City of Englewood – Financial Policies – Fund Balance Policy 9 (iii) UNASSIGNED fund balance classification is comprised of residual net resources, in excess of the amounts in the foregoing categories. These amounts are available for any purpose, and are reported only in the general fund. Unassigned fund balance is not appropriated and the expenditure of any unassigned funds requires an action of the Council. Potential uses may be for the following (not an all-inclusive list): • Loan to another fund or component unit • One-time operational requests such as feasibility studies, pilot projects/programs • Capital projects (fund those that would reduce O&M spending first) • Annual operating deficit due to extraordinary events, such as the 2008 housing financial crisis and the COVID-19 pandemic or declared disasters GASB Statement No. 54 further classifies rainy day funds or contingency funds as "stabilization arrangements" and places specific restrictions on what qualifies for such designation. The formal action of a governing body that imposes the parameters for these arrangements must identify and describe the specific circumstances under which a need for funding would arise. Those circumstances should be such that they would not be expected to occur routinely. The intended purpose must be sufficiently detailed and reported as either RESTRICTED or COMMITTED depending on the source of the constraint. The City establishes such contingency funds through the criteria and authorization required for establishing such fund balances as described in the preceding paragraphs. In addition to RESTRICTED and COMMITTED fund balances, the city may also set-aside UNASSIGNED fund balance as stabilization arrangements. IV. CITY FUND SUMMARY The following describes the City's major governmental funds: General Fund. The general fund is the general operating fund of the City. It is used to account for all financial resources except those required to be accounted for in other funds. By definition, unassigned fund balance is reported in the General Fund. In other governmental funds, the unassigned classification should be used only to report a deficit balance from overspending for specific purposes for which amounts have been either restricted, committed, or assigned. Special Revenue Fund. The special revenue fund ls used to account for the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt service or capital projects. Bond Redemption Fund. The bond redemption fund (debt service fund) accounts for and reports financial resources that are restricted for the payment of principal and interest on long term general obligation debt as a result of the issuance of general obligation bonds. Page 62 of 290 City of Englewood – Financial Policies – Fund Balance Policy 10 Capital Projects Building Fund. The capital projects building fund is used to account for and report financial resources that are restricted, committed or assigned to expenditure of capital outlays, Including the acquisition or construction of capital facilities and other capital assets. Capital Reserve Fund. The capital reserve fund is used to accumulate resources, primarily general fund support, committed for the acquisition renovation, and maintenance of capital assets. V. POLICY DIRECTIVES & OPERATIONAL GUIDELINES The GFOA recommends, at a minimum, that general purpose governments maintain aggregate unrestricted fund balances in their general fund of no less than two months (16.67%) of regular general fund operating revenues or expenditures, whichever is most predictable. The GFOA notes, however, that larger government entitles may appropriately maintain a lesser level due to more predictable contingencies, higher revenue diversification and thus less revenue volatility. All measures should be applied within the context of long-term forecasting so as to avoid the risk of placing too much emphasis on the level of unrestricted fund balance in the general fund at any one time. GFOA recognizes that entities with a range of designated reserves may have sufficient liquidity to meet this defined standard through inclusion of funds formally designated for other purposes, yet available for re-designation should circumstances warrant The following guidelines address the classification and the use of fund balance in governmental funds: 1. The City will make an annual determination as to its targeted unrestricted fund balance level. In determining this level of fund balance, the City will give consideration to revenue volatility and predictability, perceived exposure to significant one-time outlays, liquidity pressures, and ongoing commitments and assignments. It is understood that there will be discrepancies between GAAP fund balance and budgetary fund balance, and this parameter shall refer to the GAAP determined fund balance. Notwithstanding other requirements and fund balance designations as described herein, it shall be the policy of the City to seek to maintain an unrestricted reserve in the General Fund balance as follows: equal to 16.67% A. An unrestricted reserve range of 12% to 21.4% based on the annual operating revenues or expenditures whichever is more predictable, B. As authorized by City Council, the unrestricted reserve may ratchet down to no lower than the 12% range floor (or minimum) and used to off-set operating expenditures in excess of revenues (operating deficit), Page 63 of 290 City of Englewood – Financial Policies – Fund Balance Policy 11 C. Operating expenditures may be reduced to ensure the unrestricted reserve is maintained at least 12% of annual operating revenues or expenditures whichever is more predictable. D. As authorized by City Council, the unrestricted reserve may slide up to no higher than the 21.4% range ceiling (or maximum) based on operating revenues or expenditures whichever is more predictable E. Fund Balance in excess of the unrestricted reserve and restricted reserves (for example TABOR emergency reserve) may be used for one-time operational or capital amounts (examples identified in section III C (iii) UNASSIGNED fund balance above) 2. In accordance Article X, section 20(5) of the Colorado Constitution, the City shall maintain an emergency reserve of 3% of fiscal year spending and shall evidence its compliance by restricting the appropriate dollar amount within the appropriate Fund(s). 3. The City will establish reserve funds as required by the documents executed in conjunction with the City's outstanding debt and other long-term obligations, if any, taking into account market exigencies and exercising prudence In funding contingencies for specific risks. These reserve funds may be restricted, assigned, or committed, depending on the documents executed and underlying purpose(s). 4. Classifying fund balance amounts: Fund balance classifications depict the nature of the net resources that are reported in a governmental fund. An individual governmental fund may include nonspendable resources and amounts that are restricted, committed, or assigned, or any combination of those classifications. The general fund may also include an unassigned amount. 5. Encumbrance reporting Encumbering amounts for specific purposes for which resources have already been restricted, committed or assigned should not result in separate display of encumbered amounts. Encumbered amounts for specific purposes will be classified as committed or assigned, as appropriate, based on the definitions and criteria set forth In GASS Statement No. 54. 6. Prioritization of Fund Balance Use When expenditure ls incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) amounts are available, it shall be the policy of the City to consider restricted amounts to be reduced first. When an expenditure is incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used, it shall be the policy of the City that committed amounts would be reduced first, followed by assigned amounts and then unassigned amounts. 7. Minimum fund balances To ensure that the minimum and maximum fund balances and unfunded liabilities are reviewed in light of current fiscal realities, the Director will oversee a review of audited fund balances, unfunded liabilities and current and forecast economic Page 64 of 290 City of Englewood – Financial Policies – Fund Balance Policy 12 conditions. This review should occur annually after the independent audit is completed and prior to budgeting for the ensuring fiscal year. 8. Replenishing deficiencies When the general fund balance falls below the minimum, the City will fulfill the required year-end fund balance before any other budget allocations in the subsequent fiscal year, unless the Council approves otherwise. 9. Non-Appropriated Operating Reserves Should unassigned fund balance of the General Fund exceed amounts deemed prudent and reasonable by the Council, the City shall consider such fund balance surpluses (refer to C.R.S. 22-44-105(1.5) et seq.) for one-time expenditure(s) that are nonrecurring in nature. Page 65 of 290 City of Englewood – Financial Policies – Debt Policy 13 Exhibit C: Debt Policy I. POLICY STATEMENT The City of Englewood is a political subdivision of the State, organized for the purpose of providing municipal services to residents of the City as defined in the Charter. The City is governed by a seven-member City Council. The Council's primary functions are to provide for the general operation and personnel of the City, to oversee the property, facilities and financial affairs of the City, and to establish policies for the City. In general, debt policies should promote the illumination and evaluation of alignment - and potentially the trade-offs - between adopted policy statements and fiscal imperatives of the enacting entity. It is the intent that this Policy be informed by 'best practices and advisories" developed by organizations such as the Government Finance Officers Association ("GFOA"); however the Policy must also reflect the objectives and tolerances of the City. The GFOA recommends that all state and local governments adopt comprehensive written debt management policies. This Policy has been drafted with reference to the guidance of the GFOA as of the date of adoption. It is understood that the GFOA amends and modifies its guidance over time. The Council directs the City Manager or the Manager's designee to implement all policy. For The purposes of this Policy, The City Manager's designee is presumed to be the Director of Finance and Administrative Services (the "Director") who functions as the fiduciary entrusted to protect and enhance the City's financial condition. The Director is to periodically review the GFOA's Best Practices and Advisories and recommend conforming modifications to this Policy as warranted. This Policy will set guidelines for the amount and type of debt to be issued by the City, the issuance process, and the management of outstanding indebtedness. The Policy is intended to enhance the quality of decisions about debt affordability, structure and management. Through this Policy, the Council will oversee the process by which the City will manage its debt, certificates of participation, lease purchase and other long- term obligations within available City resources, This Debt Policy should be read in its entirety, and read in conjunction with other Policies adopted by the City. Terms used within this Policy have the meanings assigned to them in the Glossary of Municipal Securities Terms, published by the Municipal Securities Rulemaking Board. II. POLICY PURPOSE AND SCOPE This Policy addresses the methods, procedures, and practices that will ensure prudent management of the City's debt. The guidelines contained in this Policy adhere to the Colorado Constitution and State Statutes and reflect the recommended practices of the Government Finance Officers Association. Page 66 of 290 City of Englewood – Financial Policies – Debt Policy 14 Long-term obligations may take the form of general obligation bonds or lease agreements. Certificates of participation (COPs) may be created evidencing undivided interests in the right to payments under lease purchase agreements. Short-term obligations, payable during the same fiscal year in which they are issued (or immediately thereafter so long as payments are made from moneys in the budget for that fiscal year), may take the form of lax anticipation notes or loan agreements, including loan agreements between the City and the State Treasurer. General obligation bonds are debt under Colorado law and are multiple-fiscal year financial obligations under the section of the Colorado Constitution known as the Taxpayer's Bill of Rights (TABOR). Lease purchase agreements and COPs that are subject to annual appropriation, and short-term obligations, are not debt or multiple fiscal year financial obligations and payments on them are not debt service under Colorado law but are often referred to as "debt and "debt service" for purposes of this Policy. Those references are not intended to change the treatment of such obligations or payments under Colorado law. The issuance of debt has significant long-term implications for the City. Accordingly, consideration will be given to the principles of equity (such that those who pay for the debt are those who benefit from the facilities funded by the issuance of such obligations), essentiality (if the debt finances an asset, the financed asset is essential to the City's core operation) and efficiency (the Identified revenue source is sufficient to meet the debt service, and the cost of obtaining funds is less than competing alternatives). This Debt Policy is not a comprehensive policy on the management of other City liabilities. This Debt Policy does not address City pension obligations. Ill. GENERAL OBLIGATION DEBT LIMITS UNDER COLORADO LAW Section 104 of the Home Rule Charter of the City establishes a debt threshold of 3% of actual valuation for all outstanding general obligation indebtedness of the City, other than for water bonds. General obligation debt that has been refunded or deceased, either by immediate payment or redemption and retirement or fully secured by legal defeasance obligations in an escrow account, is not to be deemed outstanding for the purposes of determining compliance with debt limitations. IV. LEASE FINANCING UNDER COLORADO LAW Municipalities are authorized under Colorado law to enter into lease financings and to convey municipal property to a lessor for the purpose of leasing it back. If the annual rent payable by the municipality is subject to annual appropriation and does not exceed the fair rental value of the leased property and the financing otherwise qualifies under applicable Colorado case law, the lease is not debt or a multiple-fiscal year financial obligation under the Colorado Constitution and may be entered into without voter Page 67 of 290 City of Englewood – Financial Policies – Debt Policy 15 authorization. The proceeds of lease financings generally must be used for capital projects. The Constitutional and statutory rules applicable to lease financing are complicated. The City should always consult with Colorado bond counsel before entering into a lease financing. V. SHORT-TERM FINANCING The City is authorized under by Colorado law to enter into short-term loans and to issue lax anticipation notes for working capital purposes, provided that such loans are payable in the same fiscal year in which they are issued (or immediately thereafter so long as payments are made from moneys in the budget for that fiscal year). VI. DEBT ISSUANCE FACTORS The issuance of debt is subject to a set of terms that ensure oversight and fiscal prudence. This policy Is consistent with the guidance provided by the GFOA as it relates to new and refunding issues, which further encourages that legal advice be sought early in this process to raise key legal, tax, and financial issues. A. Debt shall comply with all applicable laws, regulations, and covenants and shall not be issued so as to jeopardize the status of outstanding debt. B. Long-term debt shall not be incurred to fund operations. C. Capital Improvements may be financed utilizing the issuance of general obligation bonds, subject to voter approval, or from time to time through lease purchase obligations. D. Principal and Interest payment schedules will be structured to result in level debt service payments, except for the refinancing of liabilities, in which case debt service may reasonably reflect the structure of the liability being refinanced. In each case repayment structures may vary when circumstances warrant. E. Debt Incurred will generally be limited to current interest serial or term maturities, but may be sold in the form of capital appreciation bonds or other structures, including short-term securities if circumstances warrant. F. The average life of debt issued to finance assets shall be no greater than the projected average life of the assets being financed. G. The City may issue refunding bonds to reduce the interest cost on its outstanding debt or other obligations for other purposes allowable under State law. It shall be the policy of the Council to consider the advance refunding (refinancing) of any outstanding general obligation bonds when such refunding will achieve present value savings of at least 3% compared to the debt service on the obligations being refunded and a minimum net present value savings of $100,000; and will not require extending the maturity of the bonds beyond that of the bonds being refunded. The City should consider all available options, including maintaining Page 68 of 290 City of Englewood – Financial Policies – Debt Policy 16 the status quo (preserving the opportunity to evaluate the refunding at a future point in time), when presented with a refunding opportunity. H. Refunding savings on current (non-advance) refunding bonds may be lower than the 3% threshold, as consideration shall be given to such factors as the declining rate of savings anticipated to be available as bonds reach their maturity date. I. In certain circumstances a refunding that produces savings below the aforementioned thresholds may be justified. One such circumstance is to refund an obligation to remove or alter the covenants required in the original issue. Prudence shall dictate the decision by the City to refund for non-economic reasons. VII. DEBT AFFORDABILITY The City shall conduct a Debt Affordability Study in advance of referendum presentation for the issuance of general obligation bonds to the Council. The Study will be undertaken by the Director, with advisory or consultancy support as required. Such planning analyses of debt affordability will serve to make rational the assessment of the ability of the City to carry additional debt service. A Debt Affordability Study signals to the public, to the rating agencies and to the investment community that the City is taking seriously its fiduciary role in the oversight and management of its debt. The Director shall evaluate and consider the results of the Debt Affordability Study when making recommendations about the issuance of debt. The Study, along with the Director's review, may consider the following factors: A. An analysis of the operating strength and aggregate debt burden of the City, relative to peer Cities, using metrics related to population, property values, wealth indicators and other such credit factors; B. An assessment of implications of the proposed financing for the City's rating and credit; C. An analysis of financing and funding alternatives and a summary of the true interest cost of the proposed financing; and D. An overview of the plan in the context of other capital needs. VIII. FORM OF DEBT Debt issued by the City, whether as general obligation bonds or lease agreements, may be issued as fixed rate obligations, with or without credit enhancements, and as short and long-term obligations. At the time of adoption it is not expected that the City will entertain any obligation with a derivative structure. However, prudence may dictate the consideration of derivatives in the future. Any consideration of a financing utilizing derivatives shall necessitate a comprehensive and robust discussion amongst the Council and Director prior to committing the City to any financing featuring derivatives. Page 69 of 290 City of Englewood – Financial Policies – Debt Policy 17 The ultimate form of debt shall be recommended by the Director for consideration and approval by Council. Consideration shall be given to a number of factors as noted in prior sections of this Policy. A. General Obligation Bonds General Obligation debt is subject to voter approval. The City Council has the power to issue general obligation bonds on behalf of the City for any public capital purpose or public project of an essential nature to the City. General obligation debt may be incurred only by resolution, which cannot be repealed until the debt has been fully paid. No general obligation debt can be created unless it has been approved by a majority of the registered electors of the City, in an election held for that purpose. General Obligation debt shall be structured on a level debt service basis with a maximum maturity of 20 years, but terms may vary as conditions warrant. Debt service on general obligation debt is payable from a separate mill levy that is deposited into the City's bond redemption fund. B. Revenue Bonds As a general rule, revenue bonds will be used to finance assets that generate revenue which repay the obligation. Revenue bonds may be issued without approval of the registered electors of the City and are not payable from a dedicated mill levy. Revenue bonds shall not be included in the calculation of outstanding obligations counted towards the City's debt limit. C. Lease Financings Lease financings may be used for vehicles, buildings, and capital equipment. Lease financings are generally used for long-lived assets that would not be affordable if funded on a lump sum or cash basis during a single fiscal year. Lease financings are subject to approval by the City Council, and are not subject to voter referendum if the annual rent payable by the City is subject to annual appropriation and does not exceed the fair rental value of the leased property, and the financing otherwise qualifies under applicable Colorado case law. Criteria used to determine the use of lease financings Include the essentially of the assets to be funded, that annual appropriations will be available as necessary to fund annual costs and/or there is assurance that revenue enhancements or cost savings will be realized. In addition, other guidelines shall govern lease purchase financings. Page 70 of 290 City of Englewood – Financial Policies – Debt Policy 18 (I) Lease purchase financings will be secured by a lease payment related to the utilization by the City of the assets financed, or other available assets of the City, as well as legally available future revenues and appropriations. (II) Annual lease appropriation payments as a percentage of the general fund shall be monitored over time to set standards and metrics for the City going forward. In this assessment, consideration must be given to the circumstance when a lease appropriation payment replaces operating costs that would otherwise be incurred. (III) The term of any lease transaction shall not exceed the estimated useful life of the assets financed, and shall comply with additional restrictions governing average life and term as provided by Colorado law. (IV) Lease financings may be entered into directly with the owner of the leased property, a financial institution, a nonprofit corporation or for profit entity. The preferred lessor for new lease financings and refinancings of existing lease financings that involve the issuance of certificates of participation will be a commercial bank acting as trustee. IX. DEBT STRUCTURING PRACTICES The following terms will govern the City in its debt structuring practices. A. Interest shall not be capitalized for general obligation bonds. Interest may be capitalized for lease financings as warranted, as determined by the Director. (I) to fund interest during construction and prior to financed assets being placed in service; or (II) to allow for the funding of interest costs during the budget year in which a transaction is completed, or when budgeted resources may not be available. B. Debt issued by the City may contain optional redemption features. The Director will determine what is in the City's best interest in selecting appropriate dates and prices, taking into account such items as the cost of funds and future financial flexibility. C. In the structure of a debt offering, original issue premiums and discounts will be used as deemed to be in the City's financial interest considering current investor demand, future cash flows and expected interest rate savings. D. Capital appreciation bonds and zero coupon bonds shall only be used if deemed to be in the City's financial interest considering current investor demand, future cash flows and expected interest rate savings. E. When judged advantageous to the City, agreements providing credit enhancements with municipal bond insurance companies, commercial banks or other financial entitles for the purposes of acquiring letters of credit or bond insurance policies may be obtained. Page 71 of 290 City of Englewood – Financial Policies – Debt Policy 19 (I) The projected net present value of the estimated debt service savings from the use of credit enhancement must be greater than the fees and/or premium paid by the City to obtain such credit support. (II) A competitive process shall be used to procure credit enhancement providers. F. When economically beneficial, the City shall seek to avail itself of options other than cash funding a debt service reserve fund. X. METHODS OF SALE It is the interest of the City to issue debt using the method of sale or placement of obligations that is expected to achieve the best sales results, at the least cost, taking into account both short-range and long-range implications. A. Conditions which inform the decision about the use of a competitive sale process include: (I) the market is familiar and comfortable with the project being financed, the structure of the financing, and the revenues to be used to pay debt service; (II) the issue is appropriately sized to attract investors without a concerted effort; and (III) Interest rates are stable and market demand is strong. B. Conditions which inform the decision about the use of a negotiated sale process include: (I) the transaction Is of significant size for the market; (II) market timing will be a critical factor in garnering the lowest possible interest rate; (III) the financing requires a complex or innovative structure; (IV) the market has concerns about the credit quality of the debt; and (V) the market is unfamiliar with the project, the structure of the financing, or the revenues to be used to pay debt service. C. Conditions which inform the decision about the use of a private placement include: (I) small transaction size; (II) time to market for transactions where time is of the essence; and (III) transactions that have particular characteristics suited to one or a small number of interested buyers. XI. CREDIT RATINGS The Moody's 2009 Public Finance Rating Methodology states that "formalized debt planning and debt policies provide bondholders with reassurances that debt burdens and operational debt costs will be kept at manageable levels while ongoing capital Page 72 of 290 City of Englewood – Financial Policies – Debt Policy 20 needs continue to be met. Debt policies typically specify both target debt burden levels and maximum allowable debt burden levels." (p.13) Standard and Poors financial management assessment, conducted during the rating process, notes debt management policies among the areas most likely to affect credit quality (p. 65, Public Finance Criteria, 2007). The City recognizes the importance of maintaining good relations with bond rating agencies in order to increase the financial market's understanding of the credit, which may affect the City's cost of borrowing. The City will seek a rating on all new issues. Exceptions to this requirement are permissible, such as when privately placing a transaction with an accredited investor or lending institution. As a matter of general policy: A. The City shall seek to maintain or improve its credit ratings; B. The City shall obtain an underlying rating on debt which is credit enhanced; and C. The City shall comply with all legal obligations regarding regular and ongoing disclosure of financial and other information, and will proactively provide annual reports and other regularly available financial information to those agencies which rate City obligations. XII. DEBT MANAGEMENT The Director shall be responsible for ongoing debt management of the City. As a matter of policy, the City shall undertake the following as part of its ongoing debt management program. A. The Director shall undertake periodic debt management performance reviews, no less than annually, which will include regular review of the City's outstanding debt issues, and include an analysis of net interest cost. Council shall receive periodic reports summarizing the debt outstanding, amortization schedules, and key debt ratios, The reports will include a review of the City Investment Policy and its consistency with this Debt Policy. B. To the extent that there are one or more resolutions of the City Council that would allow for staff to execute financing transactions within defined parameters, the Director shall inform Council when any such authorized transaction is commenced. In the event that any such authorized financing is not pursued when market conditions contemplated by such resolution are available, the Council shall be informed. C. The City shall comply with the applicable arbitrage regulations mandated by the Federal Government. D. The City recognizes the importance of ongoing, proactive and transparent dissemination of information to the investment community, as the investors in City obligations, potential future investors, commercial and investment banks, and other market participants constitute important stakeholders for the long-term success of the City. For the benefit of its investors, the City will post its most recent financial reports, official statements, policies and other fiscal information Page 73 of 290 City of Englewood – Financial Policies – Debt Policy 21 relating to debt portfolio to the City website. In addition, the City provides certain information relating to its outstanding bonds and notes to nationally recognized municipal securities intonation repositories each year. E. The City shall invest bond proceeds according to the City's Investment Policy. XIII. LEGAL REVIEW Prior to the issuance of any debt, the General Counsel of the City, in consultation with the Director, and with the advice of retained expert legal counsel, shall secure an opinion that the proposed debt is structured and issued in a manner which compiles with all applicable laws and regulations of the state and federal governments. Bond Counsel will be retained, from a firm of national stature, to render opinions and prepare documents related to the issuance of debt. Such Bond Counsel shall have extensive experience in public finance, securities regulation and tax issues. XIV. ADVISORS, CONSULTANTS AND FINANCIAL SERVICES The Director may retain finance or other consulting professionals when such expertise is required. Such professionals may include, but not be limited to municipal advisors, bond trustees, registrar and paying agents, escrow agents, underwriters, tender/remarketing agents, credit and liquidity facility providers, and other professional services associated with debt financings. The selection and retention of finance professionals shall conform to the City's policies/practices that govern the procurement of professional services contracts. XV. POLICY REVIEW AND REVISION This Debt Policy shall be reviewed annually by the Director, and may be amended by the City Council as conditions warrant. Page 74 of 290 City of Englewood – Financial Policies – Investment Policy 22 Exhibit D: Investment Policy I.POLICY STATEMENT The Finance Director of the City of Englewood, Colorado is charged with the responsibility to prudently and properly manage any and all funds of the City. Because these funds may be called upon, it is essential that absolute maturity horizons are identifiable for the purpose of liquidity. Moreover, deposits must be fully collateralized and investments appropriately authorized. The following Investment Policy addresses the methods, procedures and practices which must be exercised to ensure effective and sound fiscal management. II. SCOPE This Investment Policy shall apply to the investment of all financial assets and all funds of the City of Englewood (hereafter referred to as the “City”) over which it exercises financial control, except for City employee pension and retirement funds and plans. In order to effectively make use of the City’s cash resources, all monies shall be pooled into one investment account and accounted for separately. The investment income derived from this account shall be distributed to the various City funds in accordance with Englewood Municipal Code, 4-1-2-A. Ill. OBJECTIVES The City’s funds shall be invested in accordance with all applicable City policies, Colorado statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order: • Preservation of capital and the protection of investment principal. • Maintenance of sufficient liquidity to meet anticipated disbursements and cash flows. • Diversification to avoid incurring unreasonable risks regarding securities owned. • Attainment of market rate of return equal to or higher than the performance measure established by the Finance Director. IV. DELEGATION OF AUTHORITY The ultimate responsibility and authority for investment transactions involving the City resides with the Finance Director (hereinafter referred to as the “Director”) who has been designated by the City Manager as the Investment Officer in accordance with Englewood Municipal Code. The Director may appoint other members of the City staff to assist in the cash management and investment function. Persons who are authorized to transact business and wire funds on behalf of the City will be designated Page 75 of 290 City of Englewood – Financial Policies – Investment Policy 23 by the Director by the wire transfer agreement executed with the City’s approved depository for bank services (see Appendix I). The Director shall be responsible for all investment decisions and activities and shall establish written administrative procedures for the operation of the City’s investment program consistent with this Investment Policy. The Investment Officer acting within these procedures shall not be held personally liable for specific investment transactions. The Director may in his discretion appoint one or more Investment Advisors, registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, to manage a portion of the City’s assets. An appointed Investment Advisor may be granted limited investment discretion within the guidelines of this Investment Policy with regard to the City’s assets placed under its management. An Investment Advisor can only be appointed after consultation with and approval by the City Manager. V. PRUDENCE The standard of prudence to be used for managing the City’s assets is the “prudent investor” rule, which states that a prudent investor "shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital." (CRS 15-1-304, Standard for Investments.) The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally without risk and that the investment activities of the City are a matter of public record. Accordingly, the City recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the portfolio’s overall return, provided that adequate diversification has been implemented and that the sale of a security is in the best long-term interest of the City. The Director and other authorized persons acting in accordance with established procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion to the City Council and appropriate action is taken to control adverse developments. VI. ETHICS AND CONFLICTS OF INTEREST All City employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in Page 76 of 290 City of Englewood – Financial Policies – Investment Policy 24 financial institutions that conduct business with the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. Employees shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales. VII. ELIGIBLE INVESTMENTS AND TRANSACTIONS All investments will be made in accordance with the Colorado Revised Statutes (CRS) as follows: CRS 11-10.5-101, et seq. Public Deposit Protection Act; CRS 11-47-101, et seq. Savings and Loan Association Public Deposit Protection Act; CRS 24-75-601, et seq. Funds-Legal Investments; CRS 24-75-603, et seq. Depositories; and CRS 24-75- 701, et seq. Local governments – authority to pool surplus funds. Any revisions or extensions of these sections of the CRS will be assumed to be part of this Investment Policy immediately upon being enacted. As a home rule City, Englewood may adopt a list of acceptable investment instruments differing from those outlined in CRS 24-75-601, et seq. Funds-Legal Investments. Funds of the City of Englewood covered by this Investment Policy may be invested in the following types of securities and transactions: 1. U.S. Treasury Obligations: Treasury Bills, Treasury Notes and Treasury Bonds with maturities not exceeding five years from the date of trade settlement. 2. Treasury Strips (book-entry U.S. Treasury securities whose coupons have been removed) with maturities not exceeding five years from the date of trade settlement. 3. Federal Instrumentalities - Debentures, Discount Notes, Medium-Term Notes, Callable Securities and Step-up Securities issued by the following only: Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC) and Federal Farm Credit Banks (FFCB), with maturities not exceeding five years from the date of trade settlement. Subordinated debt may not be purchased. 4. Repurchase Agreements with a termination date of 90 days or less utilizing U.S. Treasury and Federal Instrumentality securities listed above, collateralized at a minimum market value of 102 percent of the dollar value of the transaction with the accrued interest accumulated on the collateral included in the calculation. Repurchase agreements shall be entered into only with dealers who: a) are recognized as Primary Dealers by the Federal Reserve Bank of New York, or with firms that have a primary dealer within their holding company structure; and b) have executed a City approved Master Repurchase Agreement. The Director shall maintain a file of all executed Master Repurchase Agreements. Page 77 of 290 City of Englewood – Financial Policies – Investment Policy 25 Collateral (purchased securities) shall be held by the City’s custodian bank as safekeeping agent, and the market value of the collateral securities shall be marked-to- the-market daily. For the purposes of this section, the term “collateral” shall mean “purchased securities” under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed 10 years. 5. Reverse Repurchase Agreements with a maturity of 90 days or less executed only against securities owned by the City and collateralized by the same type of security reversed. 6. Flexible Repurchase Agreements with a final maturity of 10 years or less entered into by the City with approved counterparties. These flexible repurchase agreements may be closed out in varying amounts and at varying times at the option of the City. These agreements are deemed by both parties to be purchases and sales of securities and are not loans. All such flexible repurchase agreements shall meet the following criteria: • Be determined as legal and valid for both parties; • Collateral shall be limited to: a) Securities issued by, guaranteed by, or for which the credit of any of the following is pledged for payment: the United States, Federal Farm Credit Bank, Federal Home Loan Bank, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association; or b) An entity or organization which is not listed in paragraph a) above, but which is (1) created by, or the creation of which is authorized by, legislation enacted by the United States Congress and which is subject to control by the federal government which is at least as extensive as that which governs an entity or organization listed in paragraph a) above, and (2) rated in the highest rating category by Standard & Poor’s, Moody’s or Fitch. • Have a fixed rate during the entire life of the agreement; • The dollar amounts and periods of time when the City may draw funds out of the repurchase agreement shall be agreed upon in writing by both parties and shall be part of the written repurchase agreement exercised by the City and the approved counterparty; • The City has the option of varying the dollar amount and the timing of the draw down by an agreed upon percentage of the anticipated draw down and a specified number of days. The City and the counterparty to the agreement will specify the details of Page 78 of 290 City of Englewood – Financial Policies – Investment Policy 26 the allowable variance when the agreement is structured. In addition, the City may draw down in excess of the variance up to the remaining balance in the agreement for a bona fide, unanticipated cash need; • Collateral shall have a minimum market value (including accrued interest accumulated) of at least 102 percent of the dollar value of the transaction; • Repurchase agreements shall be entered into only with dealers who are authorized by the Director and have executed a City approved Master Repurchase Agreement; • The Director shall maintain a file of all executed Master Repurchase Agreements; • The title to or a perfected security interest in securities, along with any necessary transfer documents, must be transferred and actually delivered to, and shall be held by, the City’s third-party custodian bank acting as safekeeping agent. The market value of the collateral securities shall be marked-to-the-market at least weekly. For the purpose of the section, the term “collateral” shall mean “purchased securities” under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed 10 years. 7. Time Certificates of Deposit with a maximum maturity of five years or savings accounts in state or national banks or state or federally chartered savings banks operating in Colorado that are state approved depositories (as evidenced by a certificate issued by the State Banking Board) and are insured by the FDIC. Certificates of deposit that exceed the FDIC insured amount shall be collateralized in accordance with the Colorado Public Deposit Protection Act. 8. Money Market Mutual Funds registered under the Investment Company Act of 1940 that: 1) are "no-load" (i.e.: no commission or fee shall be charged on purchases or sales of shares); 2) have a constant net asset value per share of $1.00; 3) limit assets of the fund to U.S. government securities; 4) have a maximum stated maturity and weighted average maturity in accordance with Rule 2a-7 of the Investment Company Act of 1940; and 5) have a rating of AAAm by Standard and Poor's, Aaa by Moody's or AAA/V1+ by Fitch. 9. Local Government Investment Pools as authorized under CRS 24-75-702. 10. Prime Bankers Acceptances, rated at least A-1 by Standard & Poor’s, P-1 by Moody’s, or F1 by Fitch at the time of purchase by at least two rating agencies and not less than that by any, with a maturity of six months or less issued on domestic banks or branches of foreign banks domiciled in the U.S. and operating under U.S. banking laws. Page 79 of 290 City of Englewood – Financial Policies – Investment Policy 27 11. Prime Commercial Paper with a maturity of 270 days or less which, at the time of purchase, is rated at least A-1 by Standard & Poor’s, P-1 by Moody’s, or F-1 by Fitch by at least two rating agencies and not less than that by any. 12. Corporate Bonds and Bank Securities with a final maturity not exceeding three years from the date of trade settlement, rated at least A- by Standard & Poor’s, A3 by Moody’s, or A- by Fitch at the time of purchase by at least two rating agencies and not less than that by any. These ratings apply to the security being purchased and second, if the security is unrated, to the issuer, provided the security contains no provision subordinating it from being a senior debt obligation of the issuer. Subordinated debt may not be purchased. Bank securities includes negotiable certificates of deposit issued by banks organized and operated in the United States; these securities are not deposits and are not subject to the Public Deposit Protection Act. Authorized corporate bonds and bank securities shall be U.S. dollar denominated and issued by corporations or banks organized and operated within the United States. The City hereby further authorizes investments in dollar denominated securities issued by a corporation or bank that is organized and operated within Canada or Australia, not to exceed 10% per country at the time of purchase. 13. General or Revenue obligations of any state in the United States or any political subdivision, institution, or authority of such a government entity. Municipal bonds must be rated A- by Standard & Poor’s, A3 by Moody’s, or A- by Fitch at the time of purchase by at least two rating agencies and not less than that by any if the issuer is located in Colorado. Municipal bonds must be rated AA- by Standard & Poor’s, Aa3 by Moody’s or AA- by Fitch at the time of purchase by at least two rating agencies and not less than that by any if the issuer is located outside the state of Colorado. The maximum maturity for municipal bonds is five years. Securities that have been downgraded below minimum ratings described herein may be sold or held at the City’s discretion. The portfolio will be brought back into compliance with Investment Policy guidelines as soon as is practical. VIII. OTHER INVESTMENTS It is the Intent of the City that the foregoing list of authorized securities be strictly interpreted. Any deviation from list must be pre- approved by the Director In writing after approval by the City Manager. IX. INVESTMENT DIVERSIFICATION It is the intent of the City to diversify the investment instruments within the portfolio to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should, Page 80 of 290 City of Englewood – Financial Policies – Investment Policy 28 however, be flexible depending upon the outlook for the economy, the securities market, and the City’s cash flow needs. The City may invest to the following maximum limits within each category: • 30% in Time Certificates of Deposit • 30% in Commercial Paper, 5% in any one issuer or its affiliates or subsidiaries • 30% in Bankers Acceptances, 5% in any one issuer or its affiliates or subsidiaries • 30% in Corporate Bonds and Bank Securities; 5% in any one issuer or its affiliates or subsidiaries • 30% in Municipal Bonds, 5% in any one issuer The aggregate investment in Corporate Bonds and Bank Securities, Commercial Paper, and Bankers Acceptances shall not exceed 50% of the portfolio with not more than 5% combined in investments in any one issuer. Tests for limitations on percentages of holdings apply to the composite of the entire portfolio of the City, not to individual portfolios maintained by the City. Percentage limitations used for measurements are based on the percentage of cost value of the portfolio at the time of purchase. X.I INVESTMENT MATURITY AND LIQUIDITY investments shall be limited to maturities not exceeding five years from the date of trade settlement. In addition, the weighted average final maturity of the total portfolio shall at no time exceed three years. XI. SELECTION OF BROKER/DEALERS The Director shall maintain a list of broker/dealers approved for investment purposes and it shall be the policy of the City to purchase securities only from those authorized firms. To be eligible, a firm must meet at least one of the following criteria: 1. be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a primary dealer within their holding company structure, 2. report voluntarily to the Federal Reserve Bank of New York, 3. qualify under Securities and Exchange Commission (SEC) Rule 15c-3 (Uniform Net Capital Rule). Page 81 of 290 City of Englewood – Financial Policies – Investment Policy 29 Broker/dealers will be selected by the Director on the basis of their expertise in public cash management and their ability to provide service to the City’s account. The City’s external investment advisor may rely on its own list of approved broker/dealers and that list shall be provided to the City on annual basis. In the event that an external investment advisor is not used in the process of recommending a particular transaction in the City’s portfolio, any authorized broker/dealer from whom a competitive bid is obtained for the transaction will attest in writing that he/she has received a copy of this policy and shall submit and annually update a City approved Broker/Dealer Information Request form which includes the firm’s most recent financial statements. The City may purchase Commercial Paper from direct issuers even though they are not on the approved list of broker/dealers as long as they meet the criteria outlined in Item 11 of the Eligible Investments and Transactions section of this Investment Policy. XII. COMPETITIVE TRANSACTIONS Each investment transaction shall be competitively transacted with authorized broker/dealers. At least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded. If the City is offered a security for which there is no other readily available competitive offering, then the Director will document quotations for comparable or alternative securities. XIII. SELECTION OF BANKS AS DEPOSITORIES AND PROVIDERS OF GENERAL BANKING SERVICES The City shall maintain a list of banks approved to provide banking services or from whom t The City shall maintain a list of banks approved to provide banking services or from whom the City may purchase certificates of deposit. Banks in the judgment of the Director no longer offering adequate safety to the City will be removed from the list. To be eligible for authorization, a bank shall qualify as a depository of public funds in Colorado as defined in CRS 24-75-603. XIV. SAFEKEEPING AND CUSTODY The safekeeping and custody of securities owned by the City shall be managed in accordance with applicable Federal and Colorado laws and regulations. The Director shall approve one or more banks to provide safekeeping and custodial services for the City. A City approved safekeeping or custodial agreement shall be executed with each custodian bank prior to utilizing that bank’s safekeeping services. To be eligible, a bank shall qualify as a depository of public funds in the State of Page 82 of 290 City of Englewood – Financial Policies – Investment Policy 30 Colorado as defined in CRS 24-75-603 and be a Federal Reserve member financial institution. Custodian banks will be selected on the basis of their ability to provide service to the City’s account and the competitive pricing of their safekeeping related services. The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Ownership of all securities shall be perfected in the name of the City, and sufficient evidence to title shall be consistent with modern investment, banking and commercial practices. All investments purchased by the City shall be delivered by book entry and will be held in third-party safekeeping by the City’s designated custodian bank or the Depository Trust Company (DTC). All Fed wireable book entry securities owned by the City shall be evidenced by a safekeeping receipt or a customer confirmation issued to the City by the custodian bank stating that the securities are held in the Federal Reserve system in a Customer Account for the custodian bank which will name the City as “customer.” All DTC eligible securities shall be held in the custodian bank’s Depository Trust Company (DTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing that the securities are held for the City as “customer.” The City’s custodian will be required to furnish the City with a monthly report of securities held as well as an account analysis report of monthly securities activity. XV. PROVISIONS FOR ARBITRAGE The City periodically issues debt obligations which are subject to the provisions of the Tax Reform Act of 1986 (section 148F), Arbitrage Rebate Regulations. Due to the legal complexities of arbitrage law and the necessary immunization of yield levels, the procedures undertaken in the reinvestment of all or a portion of the proceeds of such debt issuance may extend beyond those outlined in this Investment Policy. The Director, upon advice from Bond Counsel and financial advisors, may alter provisions of this Investment Policy for arbitrage related investments as may be necessary to conform with federal arbitrage regulations. In all cases, however, investments will be in compliance with Colorado Revised Statutes. This section is only applicable to City funds subject to arbitrage restrictions. XVI. REPORTING An investment report shall be prepared, at least on a monthly basis, listing the investments held by the City, the current market valuation of the investments and performance results. The monthly investment report shall be submitted in a timely manner to the City Manager and the City Council. A record shall be maintained by the Page 83 of 290 City of Englewood – Financial Policies – Investment Policy 31 Director of all bids and offerings for securities transactions in order to ensure that the City receives competitive pricing. The City has established reporting and accounting standards for callable U.S. Instrumentality securities. Callable securities may be retired at the issuer’s option prior to the stated maximum maturity. All securities holding reports for the City shall disclose the stated maturity as well as the first call date of each callable security held. In the case of callable securities which are purchased priced to the first call date and, in the opinion of the Director, have an overwhelming probability of being called on the first call date, weighted average maturity, amortization as well as yield shall be calculated using the first call date. The Director may, however, choose to use a further call date maturity date for reporting purposes when conditions mandate. XVII. PERFORMANCE REVIEW The Director and the City Manager shall meet at least quarterly to review the portfolio’s adherence to appropriate risk levels and to compare the portfolio’s total return to the established investment objectives and goals. The Director shall periodically establish a benchmark yield for the City’s investments which shall be equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio’s actual effective weighted average maturity. When comparing the performance of the City’s portfolio, all fees and expenses involved with managing the portfolio should be included in the computation of the portfolio’s rate of return. XVIII. POLICY REVISIONS This Investment Policy will be reviewed periodically by the Director and may be amended as conditions warrant by the City Manager and the City Council. This Investment Policy was approved by City Council on XXXX XX, 2022. Page 84 of 290 City of Englewood – Financial Policies – Investment Policy 32 APPENDIX I Authorized Personnel The following persons are authorized to conduct investment transactions and wire transfer funds on behalf of the City of Englewood: Jackie Loh, Finance Director Kevin Engels, Finance Manager Christine Hart, Accounting Supervisor Page 85 of 290 City of Englewood – Financial Policies – Audit Procurement 33 Exhibit E: Audit Procurement In accordance with state law, the Comprehensive Annual Financial Report (CAFR) of the City shall be audited annually, following the close of the fiscal year. As contemplated in the City Charter, the Council shall appoint an independent certified public accountant licensed to practice in Colorado and knowledgeable in government accounting to conduct the audit and the audit shall contain the following: 1. Financial statements prepared in conformity with generally accepted governmental accounting principles. 2. All funds and activities of the City. 3. A budget to actual comparison for each fund and activity. 4. The auditor’s opinion on the financial statements. If the opinion is anything other than unqualified, the reason must be explained. 5. Disclosure of all instances of noncompliance with federal or state law. 6. A supplemental listing of all investments held by the City at the date of the financial statement. 7. A calculation of the City's fiscal year spending in accordance with the state constitution. The auditor also shall make recommendations to the Council concerning its financial records, procedures and related activities as may appear necessary or desirable and shall perfmon such other related services as may be requested by the City Council. The City's CAFR shall be prepared and presented in a manner consistent with applicable federal and state laws, regulations, and rules in addition to the best practices of the Governmental Accounting Standards Board and the Governmental Finance Officers Association. Appointment of Auditor To create a balance between independence, fresh perspectives, staff continuity, audit efficiency and competitive pricing the City will solicit proposals for auditing services at least every six years. The incumbent auditor is barred from responding to the solicitation unless the firm can indicate a rotation of principals. The Council shall annually approve the appointment of an auditor to audit the City's financial statements. Only In unique and extraordinary circumstances, when it is deemed to be in the City's best interest, is the Council to consider approving the appointment of the incumbent auditor for an additional single year beyond a six-year period. In no event is an auditor to be retained to audit the City's financial statements for more than seven consecutive years. Page 86 of 290 City of Englewood – Financial Policies – Audit Procurement 34 Nothing in this policy prohibits the Council from acting to limit the duration of the engagement in order to protect the City's interests should the Council determine an early termination is warranted for performance or pricing considerations or other criteria advantageous to protecting the City's reputation or financial condition. Page 87 of 290 Page 1 City of Englewood, Colorado INVESTMENT POLICY The Finance Director of the City of Englewood, Colorado is charged with the responsibility to prudently and properly manage any and all funds of the City. Because these funds may be called upon, it is essential that absolute maturity horizons are identifiable for the purpose of liquidity. Moreover, deposits must be fully collateralized and investments appropriately authorized. The following Investment Policy addresses the methods, procedures and practices which must be exercised to ensure effective and sound fiscal management. SCOPE This Investment Policy shall apply to the investment of all financial assets and all funds of the City of Englewood (hereafter referred to as the “City”) over which it exercises financial control, except for City employee pension and retirement funds and plans. In order to effectively make use of the City’s cash resources, all monies shall be pooled into one investment account and accounted for separately. The investment income derived from this account shall be distributed to the various City funds in accordance with Englewood Municipal Code, 4-1-2-A. OBJECTIVES The City’s funds shall be invested in accordance with all applicable City policies, Colorado statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order: • Preservation of capital and the protection of investment principal. • Maintenance of sufficient liquidity to meet anticipated disbursements and cash flows. • Diversification to avoid incurring unreasonable risks regarding securities owned. • Attainment of market rate of return equal to or higher than the performance measure established by the Finance Director. DELEGATION OF AUTHORITY The ultimate responsibility and authority for investment transactions involving the City resides with the Finance Director (hereinafter referred to as the “Director”) who has been designated by the City Manager as the Investment Officer in accordance with Englewood Municipal Code. The Director may appoint other members of the City staff to assist in the cash management and investment function. Persons who are authorized to transact business and wire funds on behalf of the City will be designated by the Director by the wire transfer agreement executed with the City’s approved depository for bank services (see Appendix I). The Director shall be responsible for all investment decisions and activities and shall establish written administrative procedures for the operation of the City’s investment program consistent with this Investment Policy. The Investment Officer acting within these procedures shall not be held personally liable for specific investment transactions. The Director may in his discretion appoint one or more Investment Advisors, registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, to manage a portion of the City’s assets. An appointed Investment Advisor may be granted limited investment discretion within the guidelines of this Investment Policy with regard to the City’s assets placed Page 88 of 290 Page 2 under its management. An Investment Advisor can only be appointed after consultation with and approval by the City Manager. PRUDENCE The standard of prudence to be used for managing the City’s assets is the “prudent investor” rule, which states that a prudent investor "shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital." (CRS 15-1- 304, Standard for Investments.) The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally without risk and that the investment activities of the City are a matter of public record. Accordingly, the City recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the portfolio’s overall return, provided that adequate diversification has been implemented and that the sale of a security is in the best long-term interest of the City. The Director and other authorized persons acting in accordance with established procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion to the City Council and appropriate action is taken to control adverse developments. ETHICS AND CONFLICTS OF INTEREST All City employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. Employees shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales. ELIGIBLE INVESTMENTS AND TRANSACTIONS All investments will be made in accordance with the Colorado Revised Statutes (CRS) as follows: CRS 11-10.5-101, et seq. Public Deposit Protection Act; CRS 11-47-101, et seq. Savings and Loan Association Public Deposit Protection Act; CRS 24-75-601, et seq. Funds-Legal Investments; CRS 24-75-603, et seq. Depositories; and CRS 24-75-701, et seq. Local governments – authority to pool surplus funds. Any revisions or extensions of these sections of the CRS will be assumed to be part of this Investment Policy immediately upon being enacted. As a home rule City, Englewood may adopt a list of acceptable investment instruments differing from those outlined in CRS 24-75-601, et seq. Funds-Legal Investments. Funds of the City of Englewood covered by this Investment Policy may be invested in the following types of securities and transactions: 1. U.S. Treasury Obligations: Treasury Bills, Treasury Notes and Treasury Bonds with maturities not exceeding five years from the date of trade settlement. 2. Treasury Strips (book-entry U.S. Treasury securities whose coupons have been removed) with maturities not exceeding five years from the date of trade settlement. Page 89 of 290 Page 3 3. Federal Instrumentalities - Debentures, Discount Notes, Medium-Term Notes, Callable Securities and Step-up Securities issued by the following only: Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC) and Federal Farm Credit Banks (FFCB), with maturities not exceeding five years from the date of trade settlement. Subordinated debt may not be purchased. 4. Repurchase Agreements with a termination date of 90 days or less utilizing U.S. Treasury and Federal Instrumentality securities listed above, collateralized at a minimum market value of 102 percent of the dollar value of the transaction with the accrued interest accumulated on the collateral included in the calculation. Repurchase agreements shall be entered into only with dealers who: a) are recognized as Primary Dealers by the Federal Reserve Bank of New York, or with firms that have a primary dealer within their holding company structure; and b) have executed a City approved Master Repurchase Agreement. The Director shall maintain a file of all executed Master Repurchase Agreements. Collateral (purchased securities) shall be held by the City’s custodian bank as safekeeping agent, and the market value of the collateral securities shall be marked-to-the-market daily. For the purposes of this section, the term “collateral” shall mean “purchased securities” under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed 10 years. 5. Reverse Repurchase Agreements with a maturity of 90 days or less executed only against securities owned by the City and collateralized by the same type of security reversed. 6. Flexible Repurchase Agreements with a final maturity of 10 years or less entered into by the City with approved counterparties. These flexible repurchase agreements may be closed out in varying amounts and at varying times at the option of the City. These agreements are deemed by both parties to be purchases and sales of securities and are not loans. All such flexible repurchase agreements shall meet the following criteria: • Be determined as legal and valid for both parties; • Collateral shall be limited to: a) Securities issued by, guaranteed by, or for which the credit of any of the following is pledged for payment: the United States, Federal Farm Credit Bank, Federal Home Loan Bank, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association; or b) An entity or organization which is not listed in paragraph a) above, but which is (1) created by, or the creation of which is authorized by, legislation enacted by the United States Congress and which is subject to control by the federal government which is at least as extensive as that which governs an entity or organization listed in paragraph a) above, and (2) rated in the highest rating category by Standard & Poor’s, Moody’s or Fitch. • Have a fixed rate during the entire life of the agreement; • The dollar amounts and periods of time when the City may draw funds out of the repurchase agreement shall be agreed upon in writing by both parties and shall be part of the written repurchase agreement exercised by the City and the approved counterparty; • The City has the option of varying the dollar amount and the timing of the draw down by an agreed upon percentage of the anticipated draw down and a specified number of days. The City and the counterparty to the agreement will specify the details of the allowable variance when the agreement is structured. In addition, the City may draw down in excess of the variance up to the remaining balance in the agreement for a bona fide, unanticipated cash need; Page 90 of 290 Page 4 • Collateral shall have a minimum market value (including accrued interest accumulated) of at least 102 percent of the dollar value of the transaction; • Repurchase agreements shall be entered into only with dealers who are authorized by the Director and have executed a City approved Master Repurchase Agreement; • The Director shall maintain a file of all executed Master Repurchase Agreements; • The title to or a perfected security interest in securities, along with any necessary transfer documents, must be transferred and actually delivered to, and shall be held by, the City’s third-party custodian bank acting as safekeeping agent. The market value of the collateral securities shall be marked-to-the-market at least weekly. For the purpose of the section, the term “collateral” shall mean “purchased securities” under the terms of the City approved Master Repurchase Agreement. In no case will the maturity of the collateral exceed 10 years. 7. Time Certificates of Deposit with a maximum maturity of five years or savings accounts in state or national banks or state or federally chartered savings banks operating in Colorado that are state approved depositories (as evidenced by a certificate issued by the State Banking Board) and are insured by the FDIC. Certificates of deposit that exceed the FDIC insured amount shall be collateralized in accordance with the Colorado Public Deposit Protection Act. 8. Money Market Mutual Funds registered under the Investment Company Act of 1940 that: 1) are "no-load" (i.e.: no commission or fee shall be charged on purchases or sales of shares); 2) have a constant net asset value per share of $1.00; 3) limit assets of the fund to U.S. government securities; 4) have a maximum stated maturity and weighted average maturity in accordance with Rule 2a-7 of the Investment Company Act of 1940; and 5) have a rating of AAAm by Standard and Poor's, Aaa by Moody's or AAA/V1+ by Fitch. 9. Local Government Investment Pools as authorized under CRS 24-75-702. 10. Prime Bankers Acceptances, rated at least A-1 by Standard & Poor’s, P-1 by Moody’s, or F1 by Fitch at the time of purchase by at least two rating agencies and not less than that by any, with a maturity of six months or less issued on domestic banks or branches of foreign banks domiciled in the U.S. and operating under U.S. banking laws. 11. Prime Commercial Paper with a maturity of 270 days or less which, at the time of purchase, is rated at least A-1 by Standard & Poor’s, P-1 by Moody’s, or F-1 by Fitch by at least two rating agencies and not less than that by any. 12. Corporate Bonds and Bank Securities with a final maturity not exceeding three years from the date of trade settlement, rated at least A- by Standard & Poor’s, A3 by Moody’s, or A- by Fitch at the time of purchase by at least two rating agencies and not less than that by any. These ratings apply to the security being purchased and second, if the security is unrated, to the issuer, provided the security contains no provision subordinating it from being a senior debt obligation of the issuer. Subordinated debt may not be purchased. Bank securities includes negotiable certificates of deposit issued by banks organized and operated in the United States; these securities are not deposits and are not subject to the Public Deposit Protection Act. Authorized corporate bonds and bank securities shall be U.S. dollar denominated and issued by corporations or banks organized and operated within the United States. The City hereby further authorizes investments in dollar denominated securities issued by a corporation or bank that is organized and operated within Canada or Australia, not to exceed 10% per country at the time of purchase. 13. General or Revenue obligations of any state in the United States or any political subdivision, institution, or authority of such a government entity. Municipal bonds must be rated A- by Standard & Poor’s, A3 by Moody’s, or A- by Fitch at the time of purchase by at least two rating agencies and not less than that by any if the issuer is located in Colorado. Municipal bonds Page 91 of 290 Page 5 must be rated AA- by Standard & Poor’s, Aa3 by Moody’s or AA- by Fitch at the time of purchase by at least two rating agencies and not less than that by any if the issuer is located outside the state of Colorado. The maximum maturity for municipal bonds is five years. Securities that have been downgraded below minimum ratings described herein may be sold or held at the City’s discretion. The portfolio will be brought back into compliance with Investment Policy guidelines as soon as is practical. OTHER INVESTMENTS It is the intent of the City that the foregoing list of authorized securities be strictly interpreted. Any deviation from this list must be pre-approved by the Director in writing after approval by the City Manager. INVESTMENT DIVERSIFICATION It is the intent of the City to diversify the investment instruments within the portfolio to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should, however, be flexible depending upon the outlook for the economy, the securities market, and the City’s cash flow needs. The City may invest to the following maximum limits within each category: • 30% in Time Certificates of Deposit • 30% in Commercial Paper, 5% in any one issuer or its affiliates or subsidiaries • 30% in Bankers Acceptances, 5% in any one issuer or its affiliates or subsidiaries • 30% in Corporate Bonds and Bank Securities; 5% in any one issuer or its affiliates or subsidiaries • 30% in Municipal Bonds, 5% in any one issuer The aggregate investment in Corporate Bonds and Bank Securities, Commercial Paper, and Bankers Acceptances shall not exceed 50% of the portfolio with not more than 5% combined in investments in any one issuer. Tests for limitations on percentages of holdings apply to the composite of the entire portfolio of the City, not to individual portfolios maintained by the City. Percentage limitations used for measurements are based on the percentage of cost value of the portfolio at the time of purchase. INVESTMENT MATURITY AND LIQUIDITY Investments shall be limited to maturities not exceeding five years from the date of trade settlement. In addition, the weighted average final maturity of the total portfolio shall at no time exceed three years. SELECTION OF BROKER/DEALERS. The Director shall maintain a list of broker/dealers approved for investment purposes and it shall be the policy of the City to purchase securities only from those authorized firms. To be eligible, a firm must meet at least one of the following criteria: 1. be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a primary dealer within their holding company structure, 2. report voluntarily to the Federal Reserve Bank of New York, 3. qualify under Securities and Exchange Commission (SEC) Rule 15c-3 (Uniform Net Capital Rule). Page 92 of 290 Page 6 Broker/dealers will be selected by the Director on the basis of their expertise in public cash management and their ability to provide service to the City’s account. The City’s external investment advisor may rely on its own list of approved broker/dealers and that list shall be provided to the City on annual basis. In the event that an external investment advisor is not used in the process of recommending a particular transaction in the City’s portfolio, any authorized broker/dealer from whom a competitive bid is obtained for the transaction will attest in writing that he/she has received a copy of this policy and shall submit and annually update a City approved Broker/Dealer Information Request form which includes the firm’s most recent financial statements. The City may purchase Commercial Paper from direct issuers even though they are not on the approved list of broker/dealers as long as they meet the criteria outlined in Item 11 of the Eligible Investments and Transactions section of this Investment Policy. COMPETITIVE TRANSACTIONS Each investment transaction shall be competitively transacted with authorized broker/dealers. At least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded. If the City is offered a security for which there is no other readily available competitive offering, then the Director will document quotations for comparable or alternative securities. SELECTION OF BANKS AS DEPOSITORIES AND PROVIDERS OF GENERAL BANKING SERVICES The City shall maintain a list of banks approved to provide banking services or from whom the City may purchase certificates of deposit. Banks in the judgment of the Director no longer offering adequate safety to the City will be removed from the list. To be eligible for authorization, a bank shall qualify as a depository of public funds in Colorado as defined in CRS 24-75-603. SAFEKEEPING AND CUSTODY The safekeeping and custody of securities owned by the City shall be managed in accordance with applicable Federal and Colorado laws and regulations. The Director shall approve one or more banks to provide safekeeping and custodial services for the City. A City approved safekeeping or custodial agreement shall be executed with each custodian bank prior to utilizing that bank’s safekeeping services. To be eligible, a bank shall qualify as a depository of public funds in the State of Colorado as defined in CRS 24-75-603 and be a Federal Reserve member financial institution. Custodian banks will be selected on the basis of their ability to provide service to the City’s account and the competitive pricing of their safekeeping related services. The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Ownership of all securities shall be perfected in the name of the City, and sufficient evidence to title shall be consistent with modern investment, banking and commercial practices. All investments purchased by the City shall be delivered by book entry and will be held in third- party safekeeping by the City’s designated custodian bank or the Depository Trust Company (DTC). All Fed wireable book entry securities owned by the City shall be evidenced by a safekeeping receipt or a customer confirmation issued to the City by the custodian bank stating that the Page 93 of 290 Page 7 securities are held in the Federal Reserve system in a Customer Account for the custodian bank which will name the City as “customer.” All DTC eligible securities shall be held in the custodian bank’s Depository Trust Company (DTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing that the securities are held for the City as “customer.” The City’s custodian will be required to furnish the City with a monthly report of securities held as well as an account analysis report of monthly securities activity. PROVISIONS FOR ARBITRAGE The City periodically issues debt obligations which are subject to the provisions of the Tax Reform Act of 1986 (section 148F), Arbitrage Rebate Regulations. Due to the legal complexities of arbitrage law and the necessary immunization of yield levels, the procedures undertaken in the reinvestment of all or a portion of the proceeds of such debt issuance may extend beyond those outlined in this Investment Policy. The Director, upon advice from Bond Counsel and financial advisors, may alter provisions of this Investment Policy for arbitrage related investments as may be necessary to conform with federal arbitrage regulations. In all cases, however, investments will be in compliance with Colorado Revised Statutes. This section is only applicable to City funds subject to arbitrage restrictions. REPORTING An investment report shall be prepared, at least on a monthly basis, listing the investments held by the City, the current market valuation of the investments and performance results. The monthly investment report shall be submitted in a timely manner to the City Manager and the City Council. A record shall be maintained by the Director of all bids and offerings for securities transactions in order to ensure that the City receives competitive pricing. The City has established reporting and accounting standards for callable U.S. Instrumentality securities. Callable securities may be retired at the issuer’s option prior to the stated maximum maturity. All securities holding reports for the City shall disclose the stated maturity as well as the first call date of each callable security held. In the case of callable securities which are purchased priced to the first call date and, in the opinion of the Director, have an overwhelming probability of being called on the first call date, weighted average maturity, amortization as well as yield shall be calculated using the first call date. The Director may, however, choose to use a further call date maturity date for reporting purposes when conditions mandate. PERFORMANCE REVIEW The Director and the City Manager shall meet at least quarterly to review the portfolio’s adherence to appropriate risk levels and to compare the portfolio’s total return to the established investment objectives and goals. The Director shall periodically establish a benchmark yield for the City’s investments which shall be equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio’s actual effective weighted average maturity. When comparing the performance of the City’s portfolio, all fees and expenses involved with managing the portfolio should be included in the computation of the portfolio’s rate of return. POLICY REVISIONS This Investment Policy will be reviewed periodically by the Director and may be amended as conditions warrant by the City Manager and the City Council. This Investment Policy was approved by City Council on XXXX XX, 2022. Page 94 of 290 Page 8 APPENDIX I Authorized Personnel The following persons are authorized to conduct investment transactions and wire transfer funds on behalf of the City of Englewood: Jackie Loh, Finance Director Kevin Engels, Finance Manager Christine Hart, Accounting Supervisor Page 95 of 290 MINUTES City Council Regular Meeting Monday, July 25, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Parks, Recreation, Library and Golf Christina Underhill, Open Space Manager Dave Lee, Parks Supervisor Adrian Torres, and Code Enforcement Manager David Lewis Jr. were present to discuss the Jason Park Off-Leash Area / Multiuse Field Fence. b) Director of Finance Jackie Loh was present to review the June 2022 Financial Report. c) Director of Finance Jackie Loh was present to answer any clarifying questions from City Council and record their prioritized 2023 capital projects list. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:07 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Joe Anderson Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Jim Woodward COUNCIL ABSENT: Council Member Cheryl Wink STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Deputy City Clerk McKinnon Assistant City Manager Dodd Page 1 of 8 Draft Page 96 of 290 City Council Regular July 25, 2022 Director of Finance Loh Director of Utilities and South Platte Renew Van Ry Director of Parks, Recreation, Library and Golf Underhill Deputy Director of Business Solutions Stone, Utilities Deputy Director of Engineering and Asset Management Hoos, Public Works Capital Project Engineer II Warren, Public Works Capital Project Engineer Siggue, Public Works Concrete Utility and Street Maintenance Program Manager Neal, Public Works Manager of Open Space Dave Lee, Parks and Recreation Code Enforcement Manager David Lewis Jr., Police Parks Supervisor Torres, Parks and Recreation Open Space Acting Supervisor Peterson, Parks and Recreation Network Administrator Hunnicutt, Information Technology Senior Technical Support Specialist Ramirez, Information Technology Officer Benkelman Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of July 18, 2022. Moved by Council Member Rita Russell Seconded by Council Member Jim Woodward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 18, 2022 AS AMENDED. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) City Council recognized newly appointed Boards and Commission members: Budget Advisory Committee Josh Newell - Regular Member Bill Lesage - Regular Member Code Enforcement Advisory Committee Edy Hughes Page 2 of 8 Draft Page 97 of 290 City Council Regular July 25, 2022 Rick Emmelhainz Michael Chisholm Cultural Arts Commission Stacy Pottish - Regular Member Amy Fox - Regular Member Toni-Rai Charles - Youth Member Englewood Downtown Development Authority Blake Calvert -Regular Member Hugo Weinberger - Regular Member Englewood Housing Authority David Hanyzewski - Regular Member Historic Preservation Commission Mary Miles - Regular Member Public Library Board Edy Hughes - Regular Member Sustainability Committee Cara Frangipane - Regular Member Rick Emmelhainz - Regular Member Matthew Schultz - Alternate Member , 20 7 Recognition of Scheduled Public Comment a) Rick Emmelhainz, an Englewood resident, addressed Council regarding the recent shooting in his neighborhood. b) Kathleen Bailey, an Englewood resident, addressed Council regarding support for our police department not alternative policing. c) Jeremiah Kell-Clark, an Englewood resident, addressed Council regarding 5-G cell tower. 8 Recognition of Unscheduled Public Comment a) Morgan Hinchey, an Englewood resident, addressed Council regarding 5-G cell tower. b) George Blackort, an Englewood resident, addressed Council regarding the fence at Jason Park. c) David Hardison, an Englewood resident, addressed Council regarding the fence at Jason Park. Page 3 of 8 Draft Page 98 of 290 City Council Regular July 25, 2022 d) Martha Greigo, an Englewood resident, addressed Council regarding the fence at Jason Park. e) Gary Maes, an Englewood resident, addressed Council regarding the fence at Jason Park f) Kevin Kramer, an Englewood resident addressed Council regarding the fence at Jason Park. g) James Simpson, an Englewood resident, addressed Council regarding the fence at Jason Park. h) Annie Tanner, an Englewood resident, addressed Council regarding the fence at Jason Park. i) Steve Kelley, an Englewood resident, addressed Council regarding the fence at Jason Park j) Mary Colecchi, an Englewood resident, addressed Council regarding 5-G cell tower. k) Savannah Eigenberg, an Englewood resident, addressed Council regarding shooting at Belleview Park. l) Wallace Lukowski, an Englewood resident, addressed Council regarding the fence at Jason Park. m) Mary Hanks, an Englewood resident, addressed Council regarding the fence at Jason Park. n) Tammy Williamson, an Englewood resident, addressed Council regarding short term rentals, o) Rick Gillit, an Englewood resident, addressed Council regarding shooting Belleview Park. p) Barb Bowman, an Englewood resident, addressed Council regarding 5-G cell tower. q) Jon Liberman, an Englewood resident, addressed Council regarding dog parks. r) Mary Freeman, an Englewood resident, addressed Council regarding 5-G cell towers. Council Member Anderson Responded to Public Comment. The meeting recessed at 8:40 p.m. for a break. The meeting reconvened at 8:52 p.m. with six Council Members present. Member Wink was absent. 9 Consent Agenda Items Moved by Council Member Nunnenkamp seconded by Council Member Anderson to approve Consent Agenda Items 9 (a)(i) and 9 (c)(i ii) Page 4 of 8 Draft Page 99 of 290 City Council Regular July 25, 2022 a) Approval of Ordinances on First Reading i) CB 36 - Amendment to the EMC to mirror Colorado statute and provide clarity of offenses for filing in Englewood Municipal Court COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AMENDING CERTAIN PUBLIC OFFENSE CODE SECTIONS OF ENGLEWOOD MUNICIPAL CODE TO MIRROR STATE STATUTE AND ENSURE COMPLIANCE WITH APPLICABLE LAW. b) Approval of Ordinances on Second Reading. There were no additional Ordinances on Second Reading (See Agenda Item 11 (b)(i).) c) Resolutions and Motions i) Award of Contract to Blackeagle Energy Services for water main replacement construction Approval of a contract for Services with Blackeagle Energy Services for water main replacement construction in the amount of $1,112,000, including approval to execute any change order(s) if necessary to expend a 10% staff-managed contingency amount of $111,200, for a total project authorization of $1,223,200. ii) Professional Services Agreement with Eidos Architects, PC for Architectural and Engineering Services Approval of a Professional Services Agreement with Eidos Architects, PC to provide architectural and engineering services in the amount of $199,670, including approval to execute any change order(s) if necessary to expend a 10% staff-managed contingency amount of $19,967, for a total project authorization of $219,637. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Motion to approve consent agenda items 9 (a)(i) and 9 (c)(i-ii). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Page 5 of 8 Draft Page 100 of 290 City Council Regular July 25, 2022 Steven Ward x Rita Russell x Jim Woodward x 6 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 There were no additional Ordinances on First Reading (See Agenda Item 9 (a)(i).) b) Approval of Ordinances on Second Reading i) CB 35 - Approval of an ordinance to place two taxation-related questions on the November, 2022 ballot Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson ORDINANCE NO. 34, SERIES OF 2022 (COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE SUBMITTING AND REFERRING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE COORDINATED ELECTION CONDUCTED BY MAIL BALLOT TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, TWO QUESTIONS AUTHORIZING A CITY OF ENGLEWOOD SALES AND USE TAX INCREASE OF $2,937,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING AN ADDITIONAL SALES AND USE TAX OF 0.1% AND 0.2% FOR THE PURPOSE OF IMPROVING AND MAINTAINING VITAL CITY SERVICES AND PROVIDING THE FORM OF THE BALLOT TITLE AND CONTENT. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Page 6 of 8 Draft Page 101 of 290 City Council Regular July 25, 2022 Jim Woodward (Moved By) x 5 1 0 Motion CARRIED. c) Resolutions and Motions i) Award of contract to Atkins North America, Inc. for Engineering Design Services on the W Dartmouth Multi-modal Safety Improvements Project Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Approval of a contract to Atkins North America, Inc. for Engineering Design Services on the W Dartmouth Multi-modal Safety Improvements Project in the amount of $385,183.50. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. ii) Award of Contract to Martin Marietta Materials, Inc. for the construction of the 2022 Mill and Overlay Project Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson Approval of a contract to Martin Marietta Materials, Inc. in the amount of $1,576,098.92 for the construction of the 2022 Mill and Overlay Project. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 6 0 0 Page 7 of 8 Draft Page 102 of 290 City Council Regular July 25, 2022 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:45 p.m. City Clerk Page 8 of 8 Draft Page 103 of 290 Page 104 of 290 Who We Are Confluence is an entrepreneurial full-service real estate development, construction, investment and property management company headquartered in Golden, CO with over $1 billion of successfully complete projects. What We Do Confluence develops, builds, operates, and owns long- term multifamily residential and mixed-use properties. We craft developments with timeless architecture and thoughtful design to create an authentic sense of place. How We Do It We’re passionate about Creating Exceptional Places® that tell a story. Using agility, ingenuity, and collaboration we transform challenging sites in desirable locations into vibrant communities. Page 105 of 290 Page 106 of 290 The Emerson –Project Information •Confluence recognized a need for housing with close proximity to Englewood’s medical district which employs over 3,500 people. •Our vision is to create exceptional housing for medical professionals, maturing millennials and empty nesters. •240-267 units with a mix of townhomes, studios, 1, 2, and 3 bedroom units. •Luxury amenities include dedicated work from home spaces, a fitness and movement studio, a 7th floor pool and lounge deck, and more. •Start Date –September 2022 •Targeting NGBS gold certification for sustainabilityPage 107 of 290 Page 108 of 290 The Emerson –Benefits to the City & Community •The Emerson will bring exceptional housing within walking distance to the medical district. •The project will be generating over $2.6MM in municipal fees and use tax, along with $435K in annual tax increment.A portion will be going towards the newly established Downtown Development Authority which helps with the growth and vibrancy of Englewood's Downtown. •Craig Hospital has expressed their need for additional housing to Confluence. We are in discussions with them about converting our 4th-floor parking deck to dedicated housing for them if the parking requirement is reduced with the code update.Page 109 of 290 The Emerson –A Case for Less Parking •We understand the City of Englewood is working on amending their code,with parking requirements included as a part of it.The Emerson is currently parked at 1.76 spots per unit.If the parking requirement is reduced to 1.25 spots per unit we will be able to provide an additional floor of housing,which would include 30 units for Craig Hospital. •Below are some quick statistics put out by RTD in 2020.Page 110 of 290 Thank You The Emerson Page 111 of 290 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: August 1, 2022 SUBJECT: CB 40 - Approve a bill for an ordinance to allow Court and Prosecution staff to hand documents to defendants and witnesses, and to authorize Court to withdraw bench warrant and instead serve summons to defendants in lieu of arrest. DESCRIPTION: CB 40 - Current municipal code authorizes only police officers to serve summons and subpoenas, and to serve warrants without converting to a summons, which requires the person to wait while an officer is summoned and appears at Court to hand documents to them. This amendment will allow Court and Prosecution staff to hand documents to defendants and witnesses, so they aren't required to wait on an officer to arrive. RECOMMENDATION: Approve a bill for an ordinance amending municipal code to authorize prosecution and court staff to serve summons and subpoenas, and to authorize court to convert a warrant to a summons for service at court in lieu of arrest. SUMMARY: Englewood Police Department requested an evaluation of the current court practice of requiring a police officer to serve defendants at court. In practice, the Court has the documents to be served; a clerk calls EPD; an EPD officer is dispatched to Court; the clerk hands the document to the officer who then hands the documents to the person for service. EPD asked whether this was necessary, and instead, whether the clerk or other persons could hand documents to the person/defendant. Upon evaluation of the issue, the City Attorney's Office concluded that district courts allow service by persons other than police officers, but Englewood Municipal Code--last amended in 1985--did not. Therefore, the proposed amendment authorizes prosecution and court staff (along with other persons authorized to serve documents under state law, such as a private process server). to serve summons and subpoenas. We also concluded that while state rules for criminal cases authorize a court to withdraw an arrest warrant and instead issue a subpoena, Englewood Municipal Code does not contain similar authorization. Thus, in order to again avoid requiring an officer to appear at Court to serve an outstanding warrant and arrest an individual that voluntarily appeared, the ordinance authorizes the Court to withdraw warrants and instead either issue a summons that may be served by court or prosecution staff or to simply voluntarily appear without arrest. Page 112 of 290 COUNCIL ACTION REQUESTED: Approve a bill for an ordinance. FINANCIAL IMPLICATIONS: The amendments will save time for Municipal Court Clerks and EPD's dispatch staff and officers. The exact amount of savings is difficult to quantify, but we estimate a rought approximate savings of $50 per service (or 2 minutes of clerk time, 2 minutes of dispatch time, and 30 minutes of officer time). ATTACHMENTS: Council Bill #40 Page 113 of 290 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 40 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 1-7A-5 AND 1-7A-9 OF THE ENGLEWOOD MUNICIPAL CODE TO REDUCE ARRESTS AND IMPROVE EFFICIENCY IN THE SERVICE OF PROCESS FOR MUNICIPAL COURT. WHEREAS, Englewood Municipal Code § 1-7A-8 allows the Municipal Court Clerk or any authorized agent of the court to issue a summons and/or warrant against a defendant; and WHEREAS, Englewood Municipal Code § 1-7A-9 currently only authorizes a police officer to serve (i.e. deliver) a summons or subpoena; and WHEREAS, unlike Colorado Rules of Criminal Procedure 9(a)(3), Englewood Municipal Code § 1-7A-5 currently does not provide an avenue by which a Court can withdraw an arrest warrant and/or issue a summons in lieu of a warrant; and WHEREAS, providing this additional authority allows a defendant to avoid arrest and instead, simply receive documents regarding new criminal charges and voluntarily appear without arrest; and WHEREAS, in practice, when a person needs to be served a document at Municipal Court, the Court Clerk must contact Englewood Police Department to secure a police officer to appear in Court and hand the person a document; and WHEREAS, to increase efficiency, and avoid the requirement that those requiring service of documents wait until a police officer arrives, Englewood Municipal Code should be revised to allow issuance of a summons instead of a warrant and expand the persons authorized to serve (i.e.) hand a subpoena or summons for Municipal Court matters so that Court and Prosecution staff can hand the documents to the person. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 1, Chapter 7A, Section 1-7A-9 of Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 1-7A-9: Service of Process. Page 114 of 290 2 Any summons or subpoena issued in accordance with this article shall be served by delivering a copy thereof to the person named in such summons or subpoena and may be served in any case by any peace police officer of the City, employee of Englewood Municipal Court or Englewood Municipal Prosecutor’s Office, or by any person authorized to serve process under Colorado Rule of Civil Procedure Rule 4(d), or in any particular case or cases, by any persons designated by the court for that purpose. Section 2. Amendment of Englewood Municipal Code Title 1, Chapter 7A, Section 1-7A-5 of Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 1-7A-5: Warrants. A. Service of Search Warrant. The official inspector making the inspection under a search the warrant shall give to the owner or occupant of the structure, premises or property inspected, a copy of the search warrant, providing such person is available at the premises at the time of inspection or search. B. Contents of Warrants. Each Municipal Court warrant shall state the name of the defendant, the sections and code or ordinances alleged to have been violated, the date and place of the alleged violation, and that the defendant is alleged to have committed the offense. C. Summons in Lieu of Warrant. Unless a law enforcement officer presents in writing a basis to believe there is a significant risk of flight or that the victim’s or public’s safety may be compromised, when the prosecuting attorney so recommends, the court shall withdraw any outstanding arrest warrant and issue a summons instead of a warrant. The court further has discretion to withdraw any other outstanding warrants issued by the court, when a defendant voluntarily appears before the court. Section 3. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have Page 115 of 290 3 been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 1st day of August, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of August, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of August, 2022 for thirty (30) days. Othoniel Sierra, Mayor Page 116 of 290 4 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 1st day of August, 2022. Stephanie Carlile Page 117 of 290 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Anderson DEPARTMENT: Parks, Recreation & Library DATE: August 1, 2022 SUBJECT: CB 42 - Approve a bill for an ordinance accepting the DOLA Special Initiative Grant DESCRIPTION: CB 42 - Approve a bill for an ordinance to accept the DOLA Special Initiative Grant RECOMMENDATION: Staff recommends the acceptance of the ordinance to assist in the retention of seasonal aquatic staff PREVIOUS COUNCIL ACTION: NA SUMMARY: The Colorado Department of Local Affairs (DOLA) has awarded the City of Englewood Aquatics Division a grant in the amount of $12,500. The funds will be used in efforts to retain seasonal aquatic staff through the summer season. ANALYSIS: The State of Colorado PSI-022-067 Pools Special Initiative 2022 was created to help with the shortage of lifeguards throughout the State. The City of Englewood Aquatic Division was affected along with the majority of facilities across the State. With this grant, the Aquatic Division will use the funds to develop a retention plan to retain current staff at Pirates Cove and the Recreation Center pool to remain open throughout the summer. Without the funding, Pirates Cove could possibly need to close in mid-August due to staffing shortages. COUNCIL ACTION REQUESTED: Staff recommends the adoption of the DOLA Pools Special Initiative for the retention of seasonal Aquatic Staff. FINANCIAL IMPLICATIONS: With the funding, there will be a cost savings of $12,500 in the Temporary Wages 02-1308- 51101 Pirates Cove budget CONNECTION TO STRATEGIC PLAN: Community Well Being and Safety Page 118 of 290 OUTREACH/COMMUNICATIONS: NA ATTACHMENTS: Council Bill #42 PSI 22-067 Page 119 of 290 1 BY AUTHORITY ORDINANCE NO. __ COUNCIL BILL NO. 42 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AUTHORIZING A GRANT AGREEMENT WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR GRANT FUNDS FOR POOLS SPECIAL INITIATIVE 2022 PROGRAM AND ACCEPTANCE OF GRANT FUNDS. WHEREAS, the Colorado Department of Local Affairs (DOLA) in collaboration with the Office of Economic Development and International Trade (OEDIT) have created the Pools Special Initiative 2022 program for local governments to support the operations of public swimming pools across the state for the 2022 summer season; and WHEREAS, the one-time grant program is intended to provide incentives to attract and retain public swimming pool employees to incentivize them to stay through the summer and ensure adequate staffing levels that will allow swimming pools to be open at maximum capacity; and WHEREAS, the City of Englewood submitted an application to DOLA for a Special Pool Initiative Grant of $25,000; and WHEREAS, the City of Englewood has been awarded a grant from DOLA in the amount not to exceed $12,500.00 to be used for recruitment and retention efforts for public swimming pool employees within the City of Englewood; and WHEREAS, this Ordinance will authorize the Grant Agreement between DOLA and the City of Englewood to accept the grant from the Pools Special Initiative 2022 program in the amount of $12,500.00. NOW, THEREFORE, BE IT RESOLVED 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 Grant Agreement for the Pools Special Initiative 2022 program, PSI-22-067, and acceptance of grant funds, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. The City Council of the City of Englewood authorizes the expenditure of funds necessary to meet the terms and obligations of the awarded grant. Page 120 of 290 2 Section 3. The Director of Parks, Recreation, Library and Golf is authorized to sign all necessary documents for the Pools Special Initiative 2022 program for and on behalf of the City Council and the City of Englewood. Section 4. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Page 121 of 290 3 G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 1st day of August, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of August, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of August, 2022 for thirty (30) days. Othoniel Sierra, 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1st day of August, 2022. Stephanie Carlile Page 122 of 290 June 29, 2022 Othoniel Sierra, Mayor City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: PSI-22-067 – City of Englewood - Pools Special Initiative 2022 - Grant Award and Next Steps Agreement Dear Mayor Sierra: The Colorado Department of Local Affairs (DOLA) has reviewed your application for the Pools Special Initiative 2022 (PSI) program, a State funded initiative. As DOLA’s Executive Director, I am pleased to inform you of your award of $12,500.00. Your submitted application and this award letter serve as your agreement with the State. Recipients of these funds do not require any additional contracts. By accepting the funding, you as the PSI grantee are agreeing to spend the funds on recruitment and retention efforts for public swimming pool employees within your jurisdiction and are agreeing to the attached Terms & Conditions. You must make two separate advance requests using DOLA’s online grants portal system to obtain your grant funding: ●1st half - upon receipt of this agreement, and ●2nd half - upon fully expending and reporting on the 1st half. The first advance request should be submitted as soon as possible after the Effective Date of this signed award letter. The advance request form, as well as the report form, are included along with this grant award letter agreement. Thank you for your interest in the Pools Special Initiative 2022 program. Please contact your regional manager with any questions. Sincerely, Rick M. Garcia Executive Director cc: Brad Anderson, Responsible Administrator Greg Etl, DOLA Regional Manager Governor Jared S. Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.govadddddddddddddddddddddddddddddddddddddddddddddoooooooooooooooooooooooooooooooooooooooooo..............ggggggggggggggggggggggggggggggggggggggggooooooooooooooooooooooooooovvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv Page 123 of 290 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: Beulah Messick, Controller Delegate Effective Date:_______________________ CMS# 177254 VCUST# 14147 ADDR CN002 EFT DLG# 22-067 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Governor Jared S. Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.govadddddddddddddddddddddddddddddddddddddddddddddoooooooooooooooooooooooooooooooooooooooooo..............ggggggggggggggggggggggggggggggggggggggggooooooooooooooooooooooooooovvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv Page 124 of 290 Pools Special Initiative 2022 - Grant Award Terms & Conditions 1. Statutory Authority . C.R.S. 24-32-106(1)(c) 2. Funding Period: July 1, 2022 through September 30, 2022 3. Use of Funds a.Grant funds will only be spent on costs associated with the recruitment and retention of public swimming pool employees. Eligible expenses include but are not limited to: ■any expenses related to recruitment of public swimming pool employees such as marketing and advertising, job board fees, referral bonuses; ■any expenses related to retention of public swimming pool employees such as to pay increases, signing bonuses, fringe benefits, team building opportunities, employee appreciation expenses. b.Grantee counties, municipalities, and special districts understand that any grant funds expended outside of the intent of this program must be returned to the Department of Local Affairs within 30 days of the ruling by DOLA of improper fund use. c.Grant funds expire September 30, 2022. Grantee counties, municipalities, and special districts must not incur any expenses after September 30, 2022. d.Ineligible expenses include but are not limited to: any expenses not related to recruitment and retention of public swimming pool employees such as utilities, pool supplies, pool equipment and furniture, maintenance expenses, recruitment and retention expenses for non-swimming pool employees, training*, any expenses already accounted for in your current budget.*for assistance with training costs, contact your local workforce center. 4. Documentation.Recipient shall retain documentation on all uses of the funds, including invoices, receipts, data and financial records, and any other documentation that establishes compliance for up to three (3) years after the final report is approved using PSI funds. Such documentation shall be provided to DOLA or its duly authorized representatives upon request. 5. Monitoring. a.DOLA or the State of Colorado reserves the right to initiate detailed monitoring or auditing of any grantee at its sole discretion. b.The review shall provide assurance that the information self-reported by Grantee is accurate and complete, and identify unallowable or questionable expenditures for follow-up. When concerns are noted during the review process, the Grantee shall provide documentation of the expenditures or accounting practices to DOLA for verification. c.Funds spent outside of the stated program intent must be returned to DOLA within 30 days of identification by DOLA of improper use. 6. Financial Reporting. a.Recipient counties, municipalities, and special districts must provide DOLA with itemized reports upon the complete expense of both (2) advance payments detailing how grant funds were spent. Invoices and proof of payment must be provided to support the expenditures. b.Recipient counties, municipalities, and special districts must submit a final report upon the completion of the project. c.Any unspent funds must be returned to DOLA no later than October 31, 2022 and prior to submitting the final report. Unspent funds will be deobligated by DOLA. 7.In the event of a conflict between the terms and conditions of the Grantee’s Application and the terms and conditions of this award agreement letter, the terms and conditions of this award agreement letter shall prevail. Page 1 Page 125 of 290 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: August 1, 2022 SUBJECT: CB 43 - IGA with Arapahoe County for Coordinated Election Services DESCRIPTION: CB 43 - A bill for an ordinance authorizing an IGA with Arapahoe County for Coordinated Election Services RECOMMENDATION: Staff recommends Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 8, 2022 Coordinated Special Election. PREVIOUS COUNCIL ACTION: The City of Englewood has participated with Arapahoe County in conducting coordinated elections for every City of Englewood General Municipal Election since 1993. SUMMARY: Because of State Legislation and the Taxpayer’s Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. The County has the capability of coordinating this election and including the City of Englewood. The Election Commission has agreed that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 2021 Coordinated Election, the City of Englewood must enter into an Intergovernmental Agreement with Arapahoe County. Staff has reviewed the proposed Intergovernmental Agreement Between Arapahoe County Clerk and Recorder and City of Englewood regarding the Conduct and Administration of the November 8, 2022 General Election and concurs with the Commission’s recommendation. COUNCIL ACTION REQUESTED: Approval of this IGA will allow the City of Englewood to coordinate with Arapahoe County for the November 8, 2022 General Election. Page 126 of 290 FINANCIAL IMPLICATIONS: Since costs are based on several variables, e.g. the number of registered electors in the City of Englewood at the time of the election, the number of entities participating in the election, the financial impact is only an estimate. The County's estimate of our final cost is $38,315.85. ATTACHMENTS: Council Bill #43 IGA Cost Estimate IGA Calendar of dates Page 127 of 290 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 43 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 8, 2022. WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections since 1993; WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 8, 2022; WHEREAS, the City shall provide the Coordinated Election Official with a copy of the ordinance stating that the City has adopted the exclusive use of Title 1 of the Colorado Election Code and that the City will participate in the Coordinated Election in accordance with the terms and conditions of this Agreement; WHEREAS, the ordinance shall further authorize the Mayor to execute this Agreement; and WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the Coordinated Election pursuant to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Intergovernmental Agreement for Coordinated Election is attached hereto as “Exhibit A”. The Intergovernmental Agreement for Coordinated Election is hereby accepted and approved by the Englewood City Council. Page 128 of 290 2 Section 2. General Provisions Applicable to this Ordinance. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. D. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 1st day of August, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of August, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of August, 2022. for thirty (30) days. Page 129 of 290 3 Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 1st day of August, 2022. Stephanie Carlile Page 130 of 290 Arapahoe County Elections IGA Page 1 INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND CITY OF ENGLEWOOD REGARDING THE CONDUCT AND ADMINISTRATION OF THE NOVEMBER 8, 2022 GENERAL ELECTION PREPARED BY: ARAPAHOE COUNTY CLERK AND RECORDER’S OFFICE ELECTIONS DIVISION 5334 S. PRINCE STREET LITTLETON, COLORADO 80120 303-795-4511 Page 131 of 290 Arapahoe County Elections IGA Page 2 THIS AGREEMENT is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder (hereinafter referred to as the "County") and City of Englewood (hereinafter referred to as the “Jurisdiction") (hereinafter collectively referred to as the “Parties”); and WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the County Clerk and Recorder is the coordinated election official and, pursuant to section 1–5–401, C.R.S. shall conduct the elections on behalf of all jurisdictions whose elections are part of the coordinated election utilizing the mail ballot procedures set forth in article 7.5 of title 1; and WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S. applies and it is in the best interest of the taxpayers and the electors to enter into this Agreement to conduct a Coordinated Election on November 8, 2022; and WHEREAS, such agreements are authorized by State law. WHEREAS, the County and the Jurisdiction have a history of successful coordinated elections and have therewith established certain practices and procedures to preserve the integrity of the election process; and WHEREAS, the Parties understand and agree that conducting coordinated elections subjects all Parties participating in the process to the strictures of Article XXIX of the Colorado Constitution pertaining to Ethics in Government, including that all Parties must: hold the respect and confidence of the people; carry out their duties for the benefit of the people; and avoid conduct that is in violation of their public trust or that creates a justifiable impression in the public that such trust is being violated. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: This election shall be conducted as a Coordinated Election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.). The election participants will execute agreements with Arapahoe County for this purpose and may include municipalities, school districts, and special districts within the Arapahoe County limits and the State of Colorado. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official (hereinafter “CEO”) and the Jurisdiction hereby identifies Stephanie Carlile as its Designated Election Official (hereafter “DEO). FURTHER, the Parties agree as follows: Page 132 of 290 Arapahoe County Elections IGA Page 3 SECTION I. PURPOSE AND GENERAL MATTERS 1.01 DEFINITIONS. A. “Address Library Report” means the address report from the Secretary of State voter registration system that defines street addresses and precincts within the jurisdiction. B. “Coordinated Election Official” (hereinafter “CEO”) shall mean the County Clerk and Recorder who shall act as the “coordinated election official,” as defined within the Code and Rules and, as such, shall conduct the election for the Jurisdiction for all matters in the Code and the Rules which require action by the CEO. C. "Colorado Election Code" or “Code” means any part of the Uniform Election Code of 1992, (Articles 1- 13 of Title 1, C.R.S.) or any other Title of C.R.S governing participating Jurisdiction's election matters, as well as the Colorado Constitution, and the State of Colorado Secretary of State (SOS) Rules. D. “Coordinated Election" means an election where more than one jurisdiction with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the County Clerk is the Coordinated Election Official for the jurisdictions. E. “Contact Officer” means the individual who shall act as the primary liaison or contact between the Jurisdiction and the County Clerk. The Contact Officer shall be that person under the authority of the County Clerk who will have primary responsibility for the coordination of the election for the Jurisdiction and the procedures to be completed by the County Clerk hereunder. F. “Designated Election Official" (hereinafter “DEO”) means the individual who shall be identified by the Jurisdiction to act as the primary liaison between the Jurisdiction and the Contact Officer and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. To the extent that the Code requires that an Election Official of the Jurisdiction conduct a task, the DEO shall conduct same. G. “IGA” or “Agreement” means this Intergovernmental Agreement between the County and the Jurisdiction for election coordination. H. “Jurisdiction” means a political subdivision as defined in § 1-7.5-103(6), C.R.S. and referenced in the Code and, in this Agreement, is interpreted to refer to the City of Englewood. I. “Logic and Accuracy Test” means a test of all electronic and electromagnetic voting equipment to test mail, provisional and audio ballots, in accordance with § 1-7-509, C.R.S. by processing a preaudited group of ballots. J. “Mail Ballot Packet” means the packet of information provided by the CEO to eligible electors in the mail ballot election. The packet includes the ballot, instructions for completing the ballot, and a return envelope. § 1-7.5-103(5), C.R.S. Page 133 of 290 Arapahoe County Elections IGA Page 4 K. “Post Election Audit” means such audit as set forth substantially in the Colorado Election Code. L. “Precinct” means an area with established boundaries within a political jurisdiction used to establish election districts. M. “Proposed Jurisdiction” means a jurisdiction which may be formed pursuant to this election which is not yet identified by a tax authority code in the County Assessor database. When the context of this Agreement so requires, a Proposed Jurisdiction will simply be referred to as a Jurisdiction. N. “SOS” means the Colorado Secretary of State. O. “Election Calendar” means the “2022 General Election – Abridged Calendar Key Dates for Coordinating Jurisdictions,” attached hereto as Attachment B, which is based upon and incorporates the most recent election calendar as published on the SOS website located at www.sos.state.co.us. P. “TABOR” means a ballot issue that is governed by article X, § 20 of the Colorado Constitution. Q. “UOCAVA voters” means military personnel and overseas civilians who are registered to vote and receive services under the Uniformed and Overseas Citizens Absentee Voting Act of 1986 and the Military and Overseas Voter Empowerment Act of 2009. 1.02 JURISDICTIONAL LIMITATION. A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Arapahoe County. SECTION II. COUNTY/JURISDICTION RESPONSIBILITIES 2.01 JOINT RESPONSIBILITIES. Nothing herein shall be deemed or construed to relieve the County or the Jurisdiction from their official responsibilities for the conduct of the election as generally set forth in the Colorado Election Code. All parties shall: B. Familiarize themselves and adhere to all applicable provisions and timelines of the Colorado Election Code while performing their official responsibilities for the conduct of the election, unless superseded by other legal authority. C. Enforce all applicable provisions of the Fair Campaign Practices Act. D. Review and execute this IGA with all required signatures on or before the deadline set forth in § 1-7- 116(2), C.R.S. E. Confirm they have sufficient funds available and appropriated in an approved budget to pay their expenses for this election. Page 134 of 290 Arapahoe County Elections IGA Page 5 F. All parties shall remain cognizant of their obligations under article XXIX of the Colorado Constitution at all times during the election process, from the signing of this IGA to final certification of election results to the SOS. 2.02 COUNTY RESPONSIBILITIES. The County shall perform the following duties: G. Designate a Contact Officer to provide assistance and information to the DEO of the Jurisdiction on matters relating to the conduct of this election. Such information shall not include legal advice. H. Maintain voter records and an address library for Arapahoe County voters within the Colorado SCORE voter registration database. Comply with Colorado SOS and Arapahoe County cyber-security recommendations to protect confidential voter information. I. Send a certified list of registered voters to the Jurisdiction via secure online method if requested by the DEO of the Jurisdiction. J. In order to identify which addresses are eligible to receive and vote on the Jurisdiction’s ballot question, the County shall perform the following duties for the Address Library: a. Use the Colorado SCORE voter registration database to produce an Address Library Report that indicates residential street ranges included within the boundaries of the Jurisdiction. b. Provide the Jurisdiction with the Address Library Report in an electronic format, along with an Acknowledgement Form that the Jurisdiction should use to confirm the accuracy of the ranges, the accuracy of the map of the Jurisdiction’s boundaries as found on ArapaMAP or note any errors, omissions, and/or corrections. c. Verify any errors, omissions, and/or corrections identified by the Jurisdiction against County Assessor data, and where appropriate, modify street ranges to accurately define the eligible electors within the Jurisdiction. K. Receive certified ballot content from the Jurisdiction in electronic format. Layout the text of the official ballot using the certified content without any modifications or formatting changes. Provide an electronic proof of the ballot to the Jurisdiction’s DEO via email for written approval prior to final production. Post a sample ballot to www.arapahoevotes.gov . a. Pursuant to § 1-5-905, C.R.S., and SOS Rule 4.1.2, the County is required to provide in-person and sample ballot translations for all ballot content in Spanish in Coordinated Elections using a translator subject to the requirements of the Code and SOS Rules 4.8.8 and 4.8.9. b. The County will be responsible for obtaining a Spanish translation of the Jurisdiction’s ballot content from the County’s certified translation vendor. Cost of Spanish translation will be included in shared election cost calculations. Page 135 of 290 Arapahoe County Elections IGA Page 6 c. To the extent that the Jurisdiction includes territory in more than one county, the County will coordinate with the Jurisdiction and the other county or counties to determine responsibility for obtaining a Spanish translation so that only one translation is completed for each ballot issue or question and that the same translated version is used by each county. L. Determine the number and letter of each ballot issue and question for the Jurisdiction and any other coordinating jurisdictions participating in the election, in accordance with SOS Rule 4.5.2: a. If the Jurisdiction is entirely contained within Arapahoe County, the County has authority to set the ballot measure order and number. b. If the Jurisdiction includes territory in more than one county, the County will coordinate with the other applicable counties for purpose of determining the controlling county and agreeing upon ballot measure numbers for shared issues and questions. M. Conduct a Logic and Accuracy Test in accordance with § 1-7-509, C.R.S. Invite the Jurisdiction to participate along with the Testing Board to verify the accuracy of electronic vote tabulation equipment. Post a public notice of the Test seven (7) days in advance. N. Provide a candidate hotline at 303-734-5365, which every candidate running for office in the Jurisdiction (if applicable) shall call to provide the phonetic pronunciation of their name as it appears on their Statement of Intent, title of the office, and Jurisdiction for which they are running. O. Prepare an accessible audio ballot for the electronic ballot marking devices to be made available to voters upon request at any Voter Service and Polling Center. P. Contract with a vendor acceptable to the SOS to print and send Mail Ballot Packets to every active registered voter and transmit ballots electronically to every active registered UOCAVA voter. Q. Publish and post the required legal notice of election pursuant to § 1-5-205(1), C.R.S., for the Jurisdiction’s ballot issues, ballot questions, and/or candidates. R. If the Jurisdiction’s election includes a TABOR issue, the County shall perform the following duties relative to the TABOR Notice: a. Provide a Microsoft Word document template for the TABOR Notice to the Jurisdiction with instructions to submit its certified ballot language, pro/con statements and financial summary for each ballot question or issue governed by TABOR by the deadline listed in Attachment B. b. Prepare the TABOR Notice using the certified content provided by the Jurisdiction, without revision. c. Contract with a printing vendor to produce and mail one copy of the TABOR Notice to every household where an active registered voter of the Jurisdiction resides at the least cost possible in the time frame as required by law. If the Jurisdiction is a special district, the TABOR Notice also will be mailed to every eligible property owner who is not already a registered voter in Arapahoe County. The County may send the TABOR Notice to persons other than electors of the Jurisdiction in an effort to mail the TABOR Notice package at the “least cost.” Page 136 of 290 Arapahoe County Elections IGA Page 7 d. Post the TABOR Notice on www.arapahoevotes.gov. e. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County’s TABOR Notice services for the Jurisdiction. The Jurisdiction’s proportional share of actual costs shall be based on the County’s total expenditures relative to the TABOR Notice. S. Hire, instruct and oversee election judges and temporary workers necessary for the conduct of the election. T. Establish and maintain mail ballot 24-hour drop-boxes, and designate and operate Voter Service and Polling Centers as required by the Code. U. Provide trained personnel to pick up sealed ballot containers containing voted ballots from every Voter Service and Polling Center and 24-hour drop-box each business day. Provide a replacement sealed empty ballot container(s), except if the location is a stand-alone 24-hour drop-box. V. Provide the necessary equipment, the adequately trained personnel, and the secure facility, and conduct and oversee the process to receive, verify voter signatures, open, tabulate and store ballots. W. Maintain a record of every eligible voter’s registration and every ballot sent, received, voided and cast using the Colorado SCORE voter registration and election management system. A SCORE download providing an update on every eligible voter’s registration and ballot status will be posted on www.arapahoevotes.gov daily during the voting period. No person will be given preferential treatment regarding the receipt of updated SCORE information, except that the Clerk’s Office may respond to lawful records requests made pursuant to the Colorado Open Records Act. X. Send letters to voters whose mail ballot envelopes are missing a signature, missing identification or have a signature discrepancy, and provide instructions and an affidavit to cure this issue within eight (8) days of Election Day for the ballot to be counted. Conduct the process to receive and verify voter affidavits and where appropriate, cure and count these ballots. Y. Maintain the following reports for all Arapahoe County eligible voters, and publish a public version (excluding confidential voters) on www.arapahoevotes.gov : a. A registered voter list, including the names of eligible electors; b. A turnout list, including the names of eligible electors, precinct number, date mail ballot was sent, and date ballot was issued at a Voter Service and Polling Center. Z. Accept public inquiries by phone at 303-795-4511 and by email at elections@arapahoegov.com. Respond to all correspondence and calls within the County’s expertise relating to election procedures. Refer members of the public and news media to the DEO for any matters pertaining to the Jurisdiction’s race, questions, measures or operations. AA. Post unofficial election results by ballot question after the polls close on Election Night at www.arapahoevotes.gov , and regularly update the unofficial results as more eligible ballots are counted. Election results will not be shared before the online posting. Page 137 of 290 Arapahoe County Elections IGA Page 8 BB. Conduct a recount of the ballots cast if required by law or if requested by the Jurisdiction pursuant to state law. In either scenario, the cost of the recount will be charged to the Jurisdiction. If more than one Jurisdiction is involved in the recount, the cost will be pro-rated among the participating Jurisdictions equally. CC. Prepare and run the required Post Election Risk Limiting Audit in accordance with the Code before certifying election results. DD. Appoint a Canvass Board and conduct a canvass of the votes in order to certify the results of the Jurisdiction's election pursuant to § 1-10-101, C.R.S. Provide the Jurisdiction with a copy of all election statements and certificates which are to be created under the Code. EE. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County’s administration of the election. FF. Submit to the Jurisdiction a good faith preliminary cost estimate at the time of this Agreement, an updated cost estimate after the deadline for ballot content to be submitted has passed pursuant to state law, and an itemized invoice for all expenses incurred under this Agreement post-election. a. The County allocates costs using a Weighted Population Average, which reflects the proportionate number of active registered voters in each Jurisdiction on Election Day compared to the sum of all active registered voters in all coordinating jurisdictions for that election (including the County itself). b. The total shared costs attributable to the County’s administration of the election are multiplied by the Weighted Population Average to determine the Jurisdiction’s allocation based on this formula. The final invoice detailing the Jurisdiction’s portion of shared election costs will reflect actual cost totals as well as any changes in the total number of coordinating jurisdictions participating in the election and any increases in active voter count between the cost estimates and Election Day. GG. Store all election records as required by the Code for 25 months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal questions that might arise regarding the election. 2.03 JURISDICTION RESPONSIBILITIES. The Jurisdiction shall perform the following duties: A. Identify a Designated Election Official to act as liaison between the Jurisdiction and the County. B. Notify the County prior to executing this IGA if the Jurisdiction’s boundaries include property in any other county. C. Review the Address Library Report provided by the County, which determines which residential addresses are within the jurisdiction. View the street ranges in a map format at: http://gis.arapahoegov.com/ArapaMAP/. Confirm the street ranges and/or map are correct and identify any errors, omissions or deletions if necessary. Provide the County with certification of any annexations, Page 138 of 290 Arapahoe County Elections IGA Page 9 inclusions, and/or exclusions to the Jurisdiction, including all supporting documents. Return via email a signed copy of the provided Acknowledgement Form to the County, including any corrections if necessary, by the date set forth in Attachment B. a. If the Jurisdiction is a Proposed Jurisdiction not already identified by a tax authority code in the County Assessor’s records, the Jurisdiction shall provide the County with a certified legal description, map, and a list of street ranges for all streets within the Proposed Jurisdiction on or before eighty (80) days prior to Election Day. If residential addresses are not available, provide a list of the land parcel numbers that are within the boundaries of the Proposed Jurisdiction. D. For elections where owning property in the Jurisdiction is a requirement for voting in the election, the Jurisdiction must perform the following tasks relating to the property owners list: a. Coordinate directly with the Arapahoe County Assessor’s Office to order and pay for an initial and a supplemental certified list of all recorded owners of taxable real and personal property within the Jurisdiction’s boundaries in Arapahoe County, in accordance with § 1-5-304, C.R.S. and by the deadlines in Attachment B. b. Contact Minerva Padron at the Colorado SOS’s Office to receive access to DEO SCORE lookup. (Minerva Padron, 855-428-3555 ext. 6332, minerva.padron@sos.state.co.us). c. Using the list from the Assessor’s Office: i. Remove from the list non-person entities and persons not living in the State of Colorado. ii. Look up the remaining names using the SOS SCORE look-up tool to determine if each person is a registered voter. Remove from the list those individuals who are not registered to vote. iii. Remove from the list persons who reside in the district, as they will already receive a mail ballot. iv. Deliver to the County via email an initial and a supplemental list of property owners who are property owners in the district, registered to vote in the state of Colorado, and not physically residing in the district. Each list should be delivered by the deadline indicated in Attachment B. The list should be a Microsoft Excel spreadsheet and must contain no more than one (1) eligible elector’s name per line. Each line must consist of the following separated fields: eligible elector’s voter identification number, last name, first name, middle name, mailing address, city, state, zip, parcel number, and phone number, if available. E. Directly manage the responsibilities defined in § 1-4-901 to 912, C.R.S. for all candidate petitions for all local election races held by the Jurisdiction, including but not limited to: reviewing the petition format, receiving petitions that are filed, verifying voter validity, determining sufficiency, notifying candidates of sufficiency, responding to protest filings, and cures if applicable. Page 139 of 290 Arapahoe County Elections IGA Page 10 F. Determine the title and text of the Jurisdiction’s ballot races, measures and/or issues using plain, non- technical language, worded with simplicity and clarity. Determine the order of candidates in each race by lot drawing, or if applicable, city/town charter. G. Defer to the County to determine the number and letter of each ballot issue and question, as outlined in Section 2.02. Abstain from communicating or publicizing a ballot issue or question in conjunction with a letter or number before it has been officially determined by the County on the date of ballot content certification under the Code. H. Submit the Jurisdiction’s certified ballot content, verbatim, as it should appear on the ballot for the Jurisdiction’s races, questions and issues to the County. Submit the ballot content via email to Corene Henage at chenage@arapahoegov.com on or before the deadline as set forth within Attachment B. Format the ballot content in a Microsoft Word document in plain text; do not include bold, italic, underline, bullets, tables, strikethrough or indentation. Titles should indicate whether the question is a referred measure or an initiative from a citizen petition. TABOR issues must be in all caps. All other measures and races must be mixed case. (Ballot content submitted to the County after the deadline will not appear on the ballot.) I. Within one business day of receipt from the County, proofread the layout and the text of the Jurisdiction’s portion of the official ballots and provide written notice of acceptance to the County via email to Corene Henage at chenage@arapahoegov.com. J. If the Jurisdiction’s election includes a race, contact all candidates on the ballot and ask them to call the County’s candidate hotline at 303-734-5365 by the deadline indicated in Attachment B and record a voicemail with the phonetic pronunciation of their name, the title of the race and jurisdiction for which they are running. K. If the Jurisdiction’s election includes a TABOR issue, the Jurisdiction shall perform the following duties relative to the TABOR Notice by the relevant deadlines indicated in Attachment B: a. Receive petition representative’s written summary of comments relating to ballot issues/ballot questions. Receive and compile community members’ written summary of pro/con statements relating to ballot issues/ballot questions. b. Prepare a financial summary for each ballot question or issue. c. Prepare a Microsoft Word document using the template provided by the County for the TABOR Notice with the final and exact text of its certified ballot language, pro/con statements and financial summary for each ballot question or issue governed by TABOR by the deadline in Attachment B, delivered to Briana Kacinski at bkacinski@arapahoegov.com. d. Defend and resolve, at the Jurisdiction’s sole expense, all challenges related to the candidates, ballot issues and/or ballot questions, or to the TABOR Notice if applicable, as certified to the County. Page 140 of 290 Arapahoe County Elections IGA Page 11 L. Publish and post any required legal notices for the Jurisdiction’s candidates, ballot issues and/or ballot questions, other than the notice published by the County in conformance with § 1-5-205, C.R.S. A copy of such published legal notice shall be submitted to the County for its records. M. Respond to all correspondence and calls for any matters pertaining to the Jurisdiction’s race, question or measures or operations. Refer members of the public and news media to the County for any matters outside of the DEO’s expertise relating to election procedures. N. Notify the CEO by the statutory deadline whether a recount is required or desired. The Jurisdiction shall reimburse the County for the full cost of the recount. If other Jurisdictions are included in the recount, the cost of the recount will be prorated among the participating Jurisdictions as per § 1-10.5- 101, C.R.S. O. Remit to the County the total payment for the Jurisdiction’s prorated share of costs for the printing and mailing of ballots, TABOR Notice (if required), any additional or unique election costs resulting from Jurisdiction delays and/or special preparations or cancellations, and all other election expenses within sixty (60) days from the date of receipt of an invoice from the County. SECTION III. CANCELLATION OF ELECTIONS 3.01 CANCELLATION OF ELECTION BY THE JURISDICTION. In the event that the Jurisdiction resolves not to hold the election, notice of such resolution shall be provided to the CEO immediately. The Jurisdiction shall be liable for the full actual costs of the activities of the CEO relating to the election incurred before receipt of such notice and activities of the CEO relating to cancelling the election after the receipt of such notice. The Jurisdiction shall provide and post notice by publication as defined in the Code. In the event that the Jurisdiction resolves not to hold the election after the last day for the DEO to certify the ballot order and content to the CEO (see Attachment B), the text provided by the Jurisdiction cannot be removed from the ballot and/or the Ballot Issue notice (TABOR Notice). SECTION IV. MISCELLANEOUS 4.01 NOTICES. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing: To County: Joan Lopez Arapahoe County Clerk and Recorder’s Office Page 141 of 290 Arapahoe County Elections IGA Page 12 Elections Division 5334 S. Prince St. Littleton, Colorado 80120 Fax: (303) 794-4625 Email: jlopez@arapahoegov.com To Jurisdiction: Stephanie Carlile City Clerk and Designated Election Official 1000 Englewood Parkway Englewood CO 80110 Email: scarlile@englewoodco.gov Phone: 13037622405 4.02 TERM OF AGREEMENT. The term of this Agreement shall continue until all statutory requirements concerning the conduct of the election and the creation, printing, and distribution of the TABOR Notice, if needed, are fulfilled. 4.03 AMENDMENT. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement. 4.04 INTEGRATION. The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 4.05 CONFLICT OF LAW. In the event that any provision in this Agreement conflicts with the Code or other statute, this Agreement shall be modified to conform to such law. 4.06 TIME OF ESSENCE. Time is of the essence for this Agreement. The time requirements of the Code shall apply to completion of the tasks required by this Agreement. Failure to comply with the terms of this Agreement and/or the deadlines in Attachment B or the Code may result in consequences up to and including termination of this Agreement. 4.07 GOOD FAITH. Page 142 of 290 Arapahoe County Elections IGA Page 13 The parties shall implement this Agreement in good faith, including acting in good faith in all matters that require joint or general action. 4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT. The Parties understand and agree that the County, its commissioners, officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or the Jurisdiction. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the Jurisdiction and the County agree that they will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. 4.09 NO THIRD PARTY BENEFICIARIES. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the Jurisdiction, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. 4.10 GOVERNING LAW: JURISDICTION AND VENUE. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the District Court in and for the County of Arapahoe, State of Colorado. 4.11 SEVERABILITY. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. 4.12 ATTACHMENTS. The following attachments are incorporated herein by this reference. Attachment A – 2022 Preliminary Cost Estimate Attachment B – Key Dates for Coordinating Jurisdictions (subject to updates) END OF PAGE Page 143 of 290 Arapahoe County Elections IGA Page 14 Arapahoe County _______________________________________ _____________________ Joan Lopez, Coordinated Election Official Date Clerk and Recorder _______________________________________ _____________________ Stephanie Carlile,City Clerk Date Designated Election Official Page 144 of 290 Jurisdiction's Share of Total Election Costs Based On: Total Jurisdiction Active Registered Voters 22,432 ÷ Sum of Active Registered Voters for all Coordinating Entities 764,764 = Weighted Population Average (WPA)0.029332 Election Expenses for Coordinated Election Total Cost County Staff Permanent staff overtime compensation (after 9/09/2022)20,000.00$ Temporary election staff compensation (after 9/09/2022)50,000.00$ Total 70,000.00$ Election Judges Election Judge training materials 5,000.00$ Election Judge compensation (VSPCs & ballot processing)450,000.00$ Election Judge communications 300.00$ Total 455,300.00$ Ballot and Envelope Printing (Mail, in-person, test, etc.) Mail Ballot Printing 140,000.00$ Ballot envelopes (outgoing, return and labels)90,000.00$ Voter instructions, secrey sleeves, inserts 80,000.00$ Ballot shipping fees 25,000.00$ Ballot-on-Demand supplies (card stock, toner, etc)8,000.00$ Total 343,000.00$ Ballot Printing, Programming & Insertion Vendor onsite election support (3rd party vendor only)-$ Ballot layout and programming (3rd party vendor only)-$ Ballot insertion and mailing fees (3rd party vendor only)125,000.00$ BOD Ballot Programming (3rd party vendor only)-$ Total 125,000.00$ VSPC Location Costs VSPC set up expenses 8,000.00$ VSPC location rental expenses -$ Signage 2,000.00$ Office Supplies (pens, forms, etc.)2,500.00$ Electronic equipment for VSPCs purchased/leased 60,000.00$ Vehicle expenses (rentals, mileage etc)20,000.00$ Ballot and equipment delivery/collection 10,000.00$ Remote connectivity expenses (Wifi)2,000.00$ Total 104,500.00$ Security Expenses related to Judges and VSPCs Transfer cases and portable ballot boxes -$ Security personnel costs 2,000.00$ CBI background checks for Election Judges/temp staff 12,000.00$ ATTACHMENT A - PRELIMINARY COST ESTIMATE City of Englewood NOV. 8, 2022 ELECTION COORDINATING COSTS (with TABOR issue) Page 145 of 290 Total 14,000.00$ Election Notices & Translation Costs Statutory notice of election 200.00$ TABOR Notice - printing and production 79,394.75$ Spanish Translation (Sample/In-person ballot)2,000.00$ Total 81,594.75$ Postage Mail Ballot Postage 67,890.00$ TABOR Notice Postage 30,000.00$ Mail Ballot Undeliverable/Return Postage Due 15,000.00$ Total 112,890.00$ Total Election Expense 1,306,284.75$ x Weighted Population Average (WPA) 0.0293$ Total Due to Arapahoe County 38,315.85$ Page 146 of 290 Attachment B Revised July 2022 1 2022 General Election - Abridged Calendar Key Dates for Coordinating Jurisdictions Resource provided by Arapahoe County Elections. Use this as a reference guide only. Always refer to the Colorado Constitution, Revised Statutes and Secretary of State rules for applicable provisions. Find a complete election calendar at: https://www.sos.state.co.us/pubs/elections/calendars/2022ElectionCalendar.pdf Date Event Reference Accountable July 2022 21-Jul Deadline for County Clerk to provide Election Plan to the Secretary of State (110 days prior) 1-7.5-105(1) Rule 7.1.1 County Clerk 29-Jul Deadline for Jurisdiction to notify County Clerk of intent to coordinate in the election (100 days prior) 1-1-106(5) 1-7-116(5) Jurisdiction August 2022 30-Aug Deadline for Jurisdiction to return Address Library Report acknowledgment form with any necessary revisions to County Clerk (70 days prior) IGA Jurisdiction 30-Aug Deadline for County Clerk and coordinating jurisdictions to sign intergovernmental agreement (70 days prior) 1-7-116(2), Rule 4.1.2 Jurisdiction, County Clerk 30-Aug Deadline for candidates to record their name on a phone voice mail provided by County Clerk for the audio ballot Rule 4.6.2. IGA Candidates September 2022 7-Sep Deadline for Jurisdiction to certify ballot content to County Clerk for Spanish translation (58 days prior) IGA 1-5-203(3); 1-5-905 Jurisdiction 9-Sep Deadline for Jurisdiction to order initial property owner list from County Assessor (60 days prior) IGA Jurisdiction 23-Sep Last day for Jurisdiction to accept pro/con comments pertaining to local ballot issues for the TABOR Notice (by noon the Friday before 45th day before the election) 1-7-901(4) Voters, Petition Reps, Jurisdiction 24-Sep Deadline to send mail ballots to military and overseas electors. (No later than 45 days before the election) 1-1-106(5) 1-8.3-110(1) County Clerk 26-Sep Deadline for Jurisdiction to provide initial list to County Clerk of eligible property owners to receive ballots and TABOR notice (43 days prior) IGA Jurisdiction 26-Sep Deadline for Jurisdiction to deliver full text of TABOR issue notices to County Clerk (43 days prior) 1-7-904 Jurisdiction October 2022 7-Oct Deadline for County Clerk to mail TABOR Notice to registered voter households on behalf of all coordinating jurisdictions (30 days prior) Art. X, Sec. 20(3)(b) 1-1-106(5) Rule 4.3.1 County Clerk 7-Oct Deadline for Jurisdiction to order supplemental list of property owners from County Assessor (30 days prior) IGA Jurisdiction Page 147 of 290 Attachment B Revised July 2022 2 12-Oct Deadline for Jurisdiction to withdraw a ballot issue or question from the ballot (25 days prior) 1-5-208(2) Jurisdiction 12-Oct Deadline for Jurisdiction to provide supplemental list of eligible property owners to County Clerk (25 days prior) IGA Jurisdiction 17-Oct First day County Clerk can mail ballots to voters, excluding UOCAVA voters (22 days prior) 24-hour ballot drop boxes will be open for ballot return 1-7.5-107(3)(a)(I) Rule 7.2.3 County Clerk 17-Oct Deadline to register to vote through a Voter Registration Drive and receive a mail ballot (22 days prior or day after holiday) 1-2-201(3)(b)(I) Voters 18-Oct Deadline for County Clerk to conduct the public Logic and Accuracy Test (21 days prior) Rule 11.3.2(a) County Clerk 19-Oct Deadline for County Clerk to publish notice of election in newspaper (20 days prior) 1-1-104(34) 1-5-205(1)(a) County Clerk 24-Oct First day that County may count ballots. (15 days prior) No results may be disclosed until 7 p.m., Election Day 1-7.5-107.5 County Clerk 24-Oct First day Voter Service & Polling Centers must be open (Beginning at least 15 days before and continuing through election day, except Sundays and the first Saturday of this period) 1-5-102.9(2) Rule 7.8.1 County Clerk 31-Oct Deadline for voters to register to vote or make updates and still receive a mail ballot (Through the 8th day prior) 1-2-201(3)(b)(III) 1-2-201(4) 1-2-508(3)(a)(1) Voters 4-Nov Deadline to return a completed Certificate of Appointment to County Clerk to appoint watchers observe election activities on Election Day (earlier if want to observe earlier days) 1-7-107 Candidate, Ballot Issue Proponents or Opponents November 2022 8-Nov General Election (Voter Service and Polling Centers and Ballot Drop-Off locations open 7 a.m. - 7 p.m.) 1-1-104(17) 1-4-201 Rule 7.9.1(b) County Clerk, Voters 16-Nov Deadline for UOCAVA (military and overseas) ballots to be received by Clerk to be received (8 days after) 1-8.3-111 and 113 Rule 16.1.5 Voters 16-Nov Deadline for voters to cure signature discrepancy or missing signature, and/or to provide missing ID for mail and provisional ballots (8 days after) 1-7.5-107(3.5)(d) 1-7.5-107.3 (2)(a) 1-8.5-105(3)(a) Voters 29-Nov Deadline for County Clerk to complete risk-limiting audit (21 days after) Rule 25.2.3(d) County Clerk 30-Nov Deadline for County Clerk to canvass and certify the election (22 days after) 1-10-102(1) 1-10-103(1) Rule 10 County Clerk Page 148 of 290 Attachment B Revised July 2022 3 December 2022 1-Dec Last day for Jurisdiction to provide written notice to Clerk to waive an automatic recount of a referred ballot issue or question that failed (23 days after) 1-10.5-103 Jurisdiction 6-Dec Deadline for interested parties to request a recount of election results at their own expense (28 days after) 1-10.5-106(2) Any eligible individual 13-Dec Deadline for County Clerk to complete a statutory recount of any race (35 days after) 1-10.5-102(2) 1-10.5-103 County Clerk 15-Dec Deadline for County Clerk to complete a requested recount (37 days after) 1-10.5-106(2) County Clerk Note on Computation of Time NOTE If the last day for any act to be done or the last day of any period is a Saturday, Sunday, or legal holiday and completion of the act involves a filing or other action during business hours, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. 1-1-106(4) If a statute or rule requires doing an act in "not less than" or "no later than" or "at least" a certain number of days or "prior to" a certain number of days or a certain number of months before the date of an election, the period is shortened to and ends on the prior business day that is not a Saturday, Sunday, or legal holiday. 1-1-106(5) Page 149 of 290 City of Englewood, Colorado Contract Approval Summary CAPITAL ONLY Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description O 2022 02 602 Election O 2022 02 602 Professional Services Total by Fund - Current Year C O Total by Fund - Year Two Grand Total CAPITAL & OPERATING EXPENSE Page 150 of 290 A B C 1 = A-B-C Budget Spent to Date Contract Amount Budget Remaining $35,000 -$ 35,000.00$ 40,000.00$ 2,588.00$ 3,315.85$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 75,000.00$ 2,588.00$ 38,315.85$ 34,096.15$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 75,000.00$ 2,588.00$ $0.00 34,096.15$ Page 151 of 290 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: August 1, 2022 SUBJECT: CB 38 - Approve a bill for an ordinance regarding a Cooperative Agreement - Englewood Schools, City, DDA DESCRIPTION: CB 38 - Approve a bill for an ordinance approving the Cooperative Agreement Regarding Pass- Through Revenue for School Finance Act Compliance with Englewood Schools (Cooperative Agreement) RECOMMENDATION: The Englewood Downtown Development Authority (EDDA) Board of Directors and staff and city staff recommend that city council approve by ordinance the execution of a Cooperative Agreement between the City of Englewood, the EDDA and Englewood Schools. The agreement was approved by the Englewood Schools Board of Education on June 14, 2022 and by the EDDA Board on June 22, 2022. The second reading of the ordinance is anticipated to be scheduled for city council consideration on August 1, 2022. PREVIOUS COUNCIL ACTION: On July 6, 2020, council approved Ordinance No. 25, Series 2020, authorizing an election to form the EDDA. Formation of the EDDA as well as the EDDA’s authorization to collect and invest tax increment revenue was approved by qualified electors on November 3, 2020. The EDDA was established in accordance with the state’s downtown development authority statute for the purpose of promoting the cohesive revitalization of the downtown area of the City of Englewood. Based on council direction, staff proceeded to operationalize the EDDA in 2021 and council approved several related measures in 2021, including: • A 2021 EDDA Election and Debt Authorization Ballot Measure, approved by council ordinance (CB #29) on July 19, 2021. Ballot Measure 6D was subsequently approved on November 2, 2021 by EDDA qualified electors; and • The Englewood Downtown Plan of Development, dated June 2021, unanimously approved by council resolution on September 20, 2021, included the activation of three of the six tax increment sub-districts defined in the plan: (1) property tax increment sub- district in the Wellness Sub-area, (2) sales tax increment sub-district in the Wellness Sub-area, and (3) sales tax increment sub-district in the South Broadway Sub-area. The issues addressed in the proposed Cooperative Agreement were discussed during the February 14, 2022 council study session regarding EDDA tax increment revenues. Page 152 of 290 SUMMARY: The purpose of the Cooperative Agreement is to ensure that Englewood Schools receives the intended revenue from a property tax corrective measure passed by the state legislature in 2021. This legislation, (HB20-1418), was intended to partially correct changes to the residential assessment rate as determined by the State of Colorado’s Department of Local Affairs Division of Property Taxation. Without the benefit of the Cooperative Agreement the corrective increases in Englewood Schools' property tax revenues from the Wellness District sub-area, and from the South Broadway and CityCenter sub-areas in the future, would otherwise be remitted to the EDDA as property tax increment. ANALYSIS: During the process of operationalizing the EDDA in 2021, EDDA and city staff met with representatives of Englewood Schools, including Superintendent Wendy Rubin and the Executive Vice President of Finance and Budget, Mary Cooper to discuss the impacts of future incremental property tax revenues flowing to the EDDA rather than to the school district. Englewood Schools receives the largest portion of Englewood property taxes (for 2021, 47.257 mills or 67.00% of the tax year total of 70.529 mills). Based on a shared understanding of the role and purpose of property tax increment in fulfilling the EDDA's goals, the Englewood Schools' representatives requested that the EDDA and City of Englewood approve a modest exception to the full flow of new property tax increment revenues to the EDDA in order to account for the corrective school district mill levy measure in the 2020-2021 School Finance Act. The Colorado 2020-2021 School Finance Act, HB20-1418, Section 33, requires Englewood Schools to increase its mill levy by 1.000 mill per year until a total 5.105 mill levy increase is reached (beginning with the 2021 tax year, with collection starting in 2022). In order to comply with this law, Englewood Schools has certified and implemented a 1.000 mill annual increase for the 2021 tax year, for collection in 2022. The agreement would provide Englewood Schools with the level of revenue specified in the statute. The Cooperative Agreement will ensure that these amounts are paid to Englewood Schools rather than treated as property tax increment and paid to the EDDA. The Cooperative Agreement will initially apply to the Wellness District Sub-area property tax increment sub-district that was activated by city council on September 20, 2021. The agreement will subsequently apply to the South Broadway sub-area and CityCenter sub-area property tax sub-districts if and when those sub-districts are activated by the EDDA board and city council via amendments to the Downtown Plan. Based on the Wellness District monthly property tax increment received by the city from the county in 2022, the Englewood Finance Department has been holding the amounts that would have otherwise been distributed to Englewood Schools under the Cooperative Agreement. The prorated 2022 amount of less than $8,000 will be released to Englewood Schools once the agreement is executed. Page 153 of 290 COUNCIL ACTION REQUESTED: The EDDA board, staff and city staff recommend that council approve the ordinance authorizing City of Englewood execution of the Cooperative Agreement, as approved and executed by the Englewood Schools Board of Education and the EDDA Board of Directors. The second reading of the ordinance authorizing execution of the Cooperative Agreement is scheduled for August 1, 2022. FINANCIAL IMPLICATIONS: Approval of the proposed Cooperative Agreement is not anticipated to create new expenses or cost obligations for the city. CONNECTION TO STRATEGIC PLAN: The local economy outcome area of the Strategic Plan includes the establishment of a Downtown Development Authority as a key goal. The Cooperative Agreement with Englewood Schools will support this and related goals. ATTACHMENTS: Council Bill #38 Cooperative Agreement EDDA Resolution Page 154 of 290 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 38 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING A COOPERATIVE AGREEMENT BETWEEN THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY, ENGLEWOOD SCHOOLS, AND THE CITY OF ENGLEWOOD REGARDING TAX INCREMENT REVENUES WHEREAS, on the 20th day of September, 2021, the City of Englewood approved the Englewood Downtown Development Authority (EDDA) Plan of Development in Ordinance No. 41, Series of 2021; and WHEREAS, the Plan of Development provides for the EDDA’s collection of tax increment revenues within certain areas of the City of Englewood, to be utilized for purposes identified in the Plan of Development, including tax increment financing; and WHEREAS, the Colorado 2020-2021 School Finance Act, HB20-1418, Section 33, requires Englewood Schools to make a mill levy correction to increase its mill levy by 1.000 mill per year until its total Local Revenues mill levy is 27 mills, or its then current equivalent, caused by changes to the residential assessment rate as determined by the State of Colorado’s Department of Local Affairs Division of Property Taxation; and WHEREAS, in order to comply with this law, Englewood Schools expects to certify and implement a 1 mill scheduled annual increase for Local Revenues starting for the 2021 tax year, with collection starting in 2022; and WHEREAS, in order for Englewood Schools to receive the full scheduled mill increases and state mandated local revenues to properly fund Englewood Schools as described in the 2020-2021 School Finance Act, City, EDDA, and Englewood Schools must enter into an agreement to clearly establish that revenue generated by the school’s scheduled 1-mill increases until its mill levy is 27 mills within the Wellness District SubArea’s property tax increment area shall be paid to Englewood Schools by the City, following receipt from Arapahoe County, rather than treated as tax increment otherwise paid through to the EDDA; and Page 155 of 290 WHEREAS, the Englewood Schools Board approved and authorized the execution of a Cooperative Agreement between City, EDDA, and Englewood Schools Regarding Pass-Through Revenue for School Finance Act Compliance (“Cooperative Agreement”) on June 14, 2022, and the EDDA Board approved and authorized the execution of the Cooperative Agreement on June 22, 2022, with a second reading of the ordinance is anticipated to be scheduled for August 1, 2022. 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 the execution of the Cooperative Agreement Regarding Pass-Through Revenue for School Finance Act Compliance, a copy of which is attached hereto as Exhibit 1. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause Page 156 of 290 is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 18th day of July, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of July, 2022 Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of July, 2022 for thirty (30) days. Read by Title and passed on final reading on the 1st day of August, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 4th day of August, 2022. Published by title on the City’s official website beginning on the 3rd day of August, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor Page 157 of 290 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 2022. Stephanie Carlile Page 158 of 290 COOPERATIVE AGREEMENT REGARDING PASS-THROUGH REVENUE FOR SCHOOL FINANCE ACT COMPLIANCE This Cooperative Agreement Regarding Pass-Through Revenue (the “Agreement"),made and executed to ensure compliance \vith the Colorado 2020-2021 School Finance Act’s mill levy correction requirement, is effective the @ day of une ,2022,by and between the City of Englcwood,Colorado (“City”),the Englewood Downtown Development Authority (“EDDA”),and the Board of Education of Arapahoe County School District Number One (“Englewood Schools”)as follows (each a "Pal1y"and, collectively,the "Parties"): WHEREAS,City and the EDD/\are committed to supporting a strong downtown community for all businesses and residents; WHEREAS,healthy schools are a vital element of'a strong community; WHEREAS.City and EDDA believe redevelopment and revitalizationof downtown Englewood ultimately will generate increased development and revenue for the Parties.and increased public counts for Englewood Schools; WHEREAS.under C,R,S.§§3l-25-801,et seq.(“DDA Statute").speci?cally C.R.S.§31-25-807.tax increment may be generated and captured by 3 Downtown Development Authority (“l'J[)A”)in one or more tax increment areas for 3 period not to exceed 30 years,with an option to extend for an additional 20 years; WHEREAS,Tax Increment Financing (“T11-"‘)generally allows a DDA to utilize increased property taxes and/or sales taxes from projects/improvements within a TIF area to invest directly in initiatix es and projects to bene?t the Parties and community as a whole; WHEREAS,on September 20,2021,the Englewood City Council tlnanimotlsly approved the Englewood Downtown Plan of Development for redevelopment and revitalization ofdowntown Englewood,and provided for sales tax increment areas for the Wellness District Sub-Area and the South Broadway Sub- Area; WHEREAS,approval ofthe Downtown Plan included approval ofa property tax increment area for the Wellness District Sub-Area (the “Wellness District",shown on Exhibit A),commencing the 30-year life of the Wellness District TIF: WHEREAS.under the DDA Statute.as also adopted in the related Englewood ordinances.Englewood Schools will continue to collect current ad Valorem mill levy tax revenue for the base year as adjusted and de?ned by Colorado law within the Wellness District: WHEREAS,the Colorado 2020-2021 School Finance Act.HB20-1418,Section 33,requires Englewood Schools to make a mill levy correction to increase its mill levy by 1.000 mill per year until its total Local Revenues mill levy is 27 mills,or its then current equivalent,caused by changes to the residential assessment rate as determinedby the State of Co1orado’s Department of Local Affairs Division of Property Taxation; WHEREAS,in order to comply with this law,Englewood Schools expects to certify and implement a 1 mill scheduled annual increase for Local Revenues starting for the 2021 tax year,with collection starting in 2022;and WHEREAS,in order for Englewood Schools to receive the full scheduled mill increases and state mandated local revenues to properly fund Englewood Schools as described in the 2020-2021 School Page 159 of 290 Finance Act,City,EDDA,and Englewood Schools must enter into an agreement to clearly establish that revenue generated by the school's scheduled l—millincreases until its mill levy is 27 mills within the Wellness District Sub-Area's property tax increment area shall be paid to Englewood Schools rather than treated as TIF. NOW THEREFORE,in consideration ofthe covenants,promises and agreements of each of the Parties,to be kept and performed by each ofthcm,it is agreed by and between the Parties as follows: Section I:SCHEDULED MILL LEVY INCREASES UNDER SCHOOL FINANCE ACT.The Parties agree that Englcwood Schools’annual scheduled 1 mill levy Local Revenues increase every year for ?ve years starting in 2022 (and a fraction ofl mill in year six,until its total Local Revenues mill levy reaches 27 mills,or its then current equivalent),implemented to comply with the Colorado 2020»202l School Finance Act,shall not be subject to the Wellness District TIF and paid to EDDA (hereafter “Pass~ Through Revenue”).Instead,these scheduled mill levy increases shall be applied to the incremental value ofthe Wellness District and paid by the City to Englewood Schools to bene?t the community,and not forwarded to the EDDA with the balance of the Wellness District TIF,The Pass-Through Revenue shall be calculated according to the illustration in Exhibit B. Except as set fonh above for the scheduled Local Revenues mill levy increase for six years starting in 2022,Wellness District TIF revenue shall be received by the City from Arapahoe County and paid to EDDA as established under Colorado law,City of Englewood ordinances,the EDDA Downtown Plan of Development,and other applicable authority related to EDDA and the TIF. Section 2:NOTIFICATION OF LOCAL REVENUES.Within 60 days after execution of this Agreement,and by January 31 of each year thereafter starting in 2023,City will notify Englewood Schools and EDDA of:(1)the previous property tax year’s incremental assessed value as certi?ed by the Arapahoe County Assessor in the Wellness District;and (2)the calculation ofTIF revenues and the expected Pass-Through Revenue to be generated and paid from the City to Englewood Schools that year as demonstrated in Exhibit C.Englewood Schools shall notify City of any objection to City’s calculations ofthe Pass-Through Revenue within 30 days after receipt of City’s noti?cation.If an objection is received,the Parties will negotiate an agreed Pass—ThroughRevenue amount pursuant to Section 1 and following the calculation illustration in Exhibit B. Section 3:PAYMENT OF REVENUES.As Pass-Through Revenue is paid to the City,said revenue shall be paid to Englewood Schools no later than 60 days after receipt frotn Arapahoe County. Section 4:ACTIVATION OF ADDITIONAL TAX INCREMENT AREAS.Should the City activate property tax increment ?nancing in the South Broadway or City Center Sub—Areasas envisioned by the EDDA Downtown Plan of Development during the time period of scheduled tnill levy increases as described in Section 1,those areas shall automatically be subject to this Agreement,and a calculation described in Section 1,an Exhibit A de?ning the property within the Sub—Area,and an Exhibit B showing the applicable calculation shall be made for any subsequently activated Sub-Area and appended to this Agreement. Section 5:ADDITIONAL PROVISIONS. A.Delays.Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused ifsuch delays or failure are a result ofacts ofGod,acts ofpublie enemy,acts ofthe Federal,state or Arapahoe County government,acts of any other Party,acts of third parties,litigation concerning the validity of this Agreement or relating to transactions contemplated hereby,?re,floods, strikes,labor disputes,accidents,regulations or order of civil or military authorities,shortages of labor or Page 160 of 290 materials,public health emergencies,or other causes,similar or dissimilar,which are beyond the control of such Party. B.Governing Law.This Agreement shall be governed by,and construed in accordance with,the laws of the State of Colorado and shall be subject to the limitations,if any,that are applicable under the Charter or ordinances ofthe City. C,Notices.All notices and other communications hereunder shall be suf?ciently given and shall be deemed given when delivered or mailed by first class mail,postage prepaid,addressed as follows: Ifto City:Ifto EDDA: City of Englewood Attn.City Manager 1001 Englewood Pkwy Englewood,CO 80110 Englewood Downtown Development Authority Attn.Executive Director 3330 S.Broadway #74 With a cc to City Attorney at the same address Englewood'CO 801 ]3'8777 With a cc to: Legal Counsel at l-loffmann,Parker,Wilson &Carberry, PC. 511 16th Street,Suite 610 Denver,Colorado 80202 Ifto Englewood Schools: Arapahoe County School District #1,Englewood Schools Attn:Executive Director,Budget and Finance 4101 S Bannock Street Englewood,CO 80110 With a cc to legal counsel at: Lyons Gaddis,PC PO Box 978 Longmont,CO 80502 The Parties may,by notice given hereunder,designate any further or different addresses to which subsequent notices or other communications shall he sent. D.Entire Agreement.This instrument embodies the entire agreement of the Parties with respect to the subject matter hereof.There are no promises,terms,conditions,or obligations other than those contained herein;and this Agreement shall supersede all previous communications,representations,or agreements, Page 161 of 290 either verbal or written,between the Parties.No modi?cation to this Agreement shall be valid unless agreed to in writing by the Parties. E.Binding Effect.This Agreement shall inure to the bene?t ofand be binding upon the Parties and their successors in interest. F.No Third—PartyEnforcement.It is expressly understood and agreed that the enforcement of the terms and conditions ofthis Agreement,and all rights ofaction relating to such enforcement,shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement.It is the express intention of the undersigned Parties that any entity other than the undersigned Parties receiving services or bene?ts under this Agreement shall be an incidental bene?ciary only. G.No Waiver of Immunities.No portion of this Agreement shall be deemed to constitute a waiver of any immunities the Parties or their officers or employees may possess,nor shall any portion ofthis Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. H.Subject to Annual Appropriation.Consistent with Article X,§20 of the Colorado Constitution,any ?nancial obligation of the Parties not performed during the current fiscal year is subject to annual appropriation,shall extend only to monies currently appropriated,and shall not constitute a mandatory charge,requirement,debt or liability beyond the current ?scal year. I.Severability.Ifany provision ofthis Agreement is found to be invalid,illegal or unenforceable,the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.Further,in the event of any such holding ofinvalidity,illegality or unenforceability (as to any or all Parties),the Parties agree to take such aetion(s)as may be necessary to achieve to the greatest degree possible the intent of the affected provision of this Agreement. J.No Assignment.No Party may assign any of its rights or obligations under this Agreement. K.Amendment.This Agreement may be amended only by an instrument in writing signed by the Parties. L.Incorporation ofRecitals and Exhibits.The provisions ofthe Recitals and any exhibits attached to this Agreement are incorporated in and made a part of this Agreement. M.Execution in Counterparts.This Agreement may be executed in several counterparts,each of which shall be deemed an original and all ofwhich shall constitute but one and the same instrument. N.No Presumption.The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form ofthis Agreement.Accordingly,this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 0.Minor Changes.This Agreement has been approved in substantially the form submitted to the governing bodies of the Parties.The officers executing this Agreement are authorized to make and may have made,minor changes to this Agreement as they have considered necessary.So long as such changes were consistent with the intent and understanding of the Parties at the time of approval by the governing bodies,the execution of the Agreement shall constitute the approval of such changes by the respective Parties. Page 162 of 290 P4 Rights and Remedies.The rights and remedies of the Parties under this Agreement are in addition to any other righis and remedies provided by law. IN WITNESS WHEREOF,the Parties have caused their duly authorized officials to execute this Agreement effective as of the day and year first above Written. City 0fEnglewood,Colorado Englewood Downtown Development Authority By:By: Mayor Othoniel Sierra Chairman Erika Zierke ATTEST:ATTEST: City Clerk Sicphanic Carlilc Board Secretary Board of Education of Arapahoe County School District Number One By: Board President,Duane Tucker ATTEST: Board Clerk Page 163 of 290 EXHIBIT A Wellness District Property Tax Increment Sub—Area Engiowood Downtown owolopmenuumoriry Mldicll Property Tlx Incremnnt Financing District -Novambnl,2021 Page 164 of 290 EXHIBIT B Illustration of Pass-Through Revenue Calculation Englewood DDA Property Tax Increment Receipts Calculation of Pass-Through Revenue Tax Vear 2021 Payment Vear/Year of Collection 2022 TIF District Name Englewood DDA Wellness District Sub-Area Gross Tax Increment Reported by County’ 2021 Certified Mill Levy {County Tag 1910) Resulting Property Tax Increment per Mill 90205 Less County Collection Fee 1.50% County Collection Fee Deduction (954.31) Net Property Tax Increment from County 62,666.38 Hazo-1418 Section 33 Adjustment?‘ Pass—ThroughRevenue 90205 Net Property Tax Increment to EDDA Special Fund 61,764.33 NOTES: ‘From Arapahoe County Treasurer Distribution Report by TaxAuth only dated March 1,2022 2 From Arapaho:County Assessor's ‘Z021Taxing District Levy Percentage’report dated Dec 28,2021 3 County email dated 2022-03-28 confirmeden tire CertifiedMill Levy included in Property Tax Increment ‘Per Cooperative Agreement Regarding Pass-Through Revenue for School Finance Act Compliance Page 165 of 290 EXHIBIT C Illustration of Noti?cation of Local Revenues Notice under Section 2 to include one year only) cob?eradve?lveemenl?ezav?inl Pass mam Revenue omSdnai Finance m Canniiame weam;§uI>ire Pmve?vnx 1nuemell Area —l||usIn1we Ealula?nn mm:zen nu ms nu ma;ms m7 102:ms man Fido!Ewileclmn ‘(air zazz zuzz zuza zms mas um um:ma zrm max 5 Hwumu..—..wa-seAV sssssom sa sssow ss vsoouo ss7sowo wseowo msoowo 73,7su.wo msuwo 7:xsomu 781541006 :1 Hv?nlhztwmhnazmentaihv 5075 232 x)150cm u mam msoun 151501110 msomu macaw 11.75u.uuu 13.zs<mu\7 zszsarm :Evqiewoudschaoi Dan“S1-'Re:o¥ar‘Mn|!1e\4 «:54 45 as:as so as :54 as ssa asasa as Isa as use wasa nus: a EnyewoodSommDvs1n:nx—’AaoRMandateoLaw mm mm mm mm smo sms sass sms ms 5105 memmusmuu:Dninzt N1hum Base Av 317:595 3 2373315 3451 255 3 52::cos 3 133,707 3.504 no 3379 47:3 379.475 -.mam ms 396 a x «cw I 1 we levenuetoscmoi Dixlvktl?inmlocvsnenl-IAV was um u.7so ss,ouo mso same:may may nus:111,691 ma/won I Hypothevtai Avsahwz are my mumam purpayasurw The agveement WmVINonnrapelme CoumyAsessars annual dattrmmatmn cf Base .w and zmmma:Avfortamualmg vassnmmgn Revenues m Regualavichnul ummmxnmacaw xsfunllustratrve puma};nnwmre?ux haw/the woperatnve Agvzement W Hmm mernauwl\/Iandate?Law on"! Page 166 of 290 RESOLUTION NO. 6 SERIES OF 2022 A RESOLUTION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY APPROVING A COOPERATIVE AGREEMENT WITH ARAPAHOE COUNTY SCHOOL DISTRICT NUMBER ONE (ENGLEWOOD SCHOOLS) REGARDING PASS-THROUGH REVENUE FOR SCHOOL FINANCE ACT COMPLIANCE WHEREAS, the EDDA’s Downtown Plan included approval of a property tax increment collection in the Wellness District for the 30-year life of the Wellness District TIF; WHEREAS, under C.R.S. § 31-25-801, et seq., Englewood Schools will continue to collect current ad valorem mill levy tax revenue for the base year as adjusted and defined by Colorado law within the Wellness District; WHEREAS, the Colorado 2020-2021 School Finance Act, HB20-1418, Section 33, requires Englewood Schools to make a mill levy correction; WHEREAS, in order to comply with this law, Englewood Schools expects to certify and implement scheduled annual mill levy increases starting for the 2021 tax year, with collection starting in 2022; WHEREAS, the City of Englewood, the EDDA, and Englewood Schools desire for Englewood Schools to receive the full scheduled mill increases and state mandated local revenues to properly fund Englewood Schools as described in the 2020-2021 School Finance Act; and WHEREAS, to do so, the City, EDDA, and Englewood Schools must enter into a Cooperative Agreement Regarding Pass-Through Revenue for School Finance Act Compliance (the “Cooperative Agreement”) to establish that revenue generated by Englewood Schools’ scheduled mill increases within the Wellness District will be paid to Englewood Schools rather than treated as TIF. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY AS FOLLOWS: Section 1. The Authority approves the Cooperative Agreement in substantially the form attached hereto as Exhibit A and authorizes the Chair to execute the same on behalf of the Authority. ADOPTED AND APPROVED this 22nd day of June, 2022. ________________________ Erika Zierke, Chair ATTEST: __________________________________ Meryl Icove, Secretary I, Meryl Icove, secretary for the City of Englewood Downtown Development Authority hereby certify the above is a true copy of Resolution No. 6, Series of 2022. ______________________________ Meryl Icove, Secretary Page 167 of 290 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria D'Andrea, Melinda Goblirsch DEPARTMENT: Public Works DATE: August 1, 2022 SUBJECT: Approval of a Contract for Security Services DESCRIPTION: Approval of a contract to provide security services for EEF and Civic Center properties. This is a Contract for Services for a not-to-exceed amount of $ 500,000.00. RECOMMENDATION: Staff recommends that the City Council approve a contract with Allied Universal Security Services to provide Security Services for the EEF (Englewood Environmental Foundation) properties and for the Civic Center building. PREVIOUS COUNCIL ACTION: N/A SUMMARY: In the beginning of 2022, it was determined that EEF and the City of Englewood would need to terminate a contract with a security vendor not providing the security services agreed to. At the time, the city had a number of separate contracts, with separate security providers, funded by separate departments with differing budgets and security needs. The city was also implementing a security assessment that recommended combining the contracts under one “universal” agreement for efficient, effective and uniform delivery and costs for security. Both unarmed and armed security is required. A Request for Proposal (RFP) was issued May 12, 2022 and five (5) proposals were received. Allied Universal Security Services was selected by a review committee, and the EEF board approved this contract at their meeting on July 21, 2022. ANALYSIS: Staff members reviewed the pricing and qualifications of each respondent to the RFP and scored the proposals on a number of criteria. Scores were available from 1-5 (1 being the best). Allied Universal Security Services was selected, with the lowest (therefore best) overall score. Company Name Final Score Allied Universal Security Services 1.38 Securitas Security Services 1.81 Silverseal 2.31 Page 168 of 290 Denver Metro Protective Services 2.44 Denver Metro Security 2.99 Staff recommends Allied Universal Security Services for the following reasons: • They have the professional qualifications; • They have a history of providing security for government entities; • Their proposed work plan that responds to the services requested in the RFP; • They are familiar with the Civic Center, city procurement polices and billing procedures; • They currently provide armed security for Municipal Court; • They had the lowest price provider among the five (5) proposals received. The EEF / city would enter into a one-year contract with Allied Universal that would extend from August 1, 2022 through July 31, 2023. COUNCIL ACTION REQUESTED: An RFP was published on BidNet to solicit proposals for EEF and COE Security Services. Staff requests the approval of a Contract for Services for Security for a not-to-exceed amount of $500,000.00. FINANCIAL IMPLICATIONS: This contract will be underwritten proportionately per the budgets, funding sources, amount and types of services needed and will be divided between the remaining months of this year and extending into 2023. 8/1/2022 85-8501-54201 Professional Services $ 128,290.00 1) 85-8501-54401 R&M General $ 9,777.00 02-0401-54211 Municipal Court $ 28,600.00 2) 2022/2023 02-1005-54201 Budget Supplemental $ 130,000.00 3) to 7/31/2023 85-8501-54201 Professional Services $ 151,753.00 02-0401-54211 Municipal Court $ 51,580.00 4) $ 500,000.00 5) The above cost breakdown assumes a pro-rated share between 2022 (8/1 – 12/31) and 2023 (1/1 – 7/31). 1) PO 2021-00000594 Closed-out (Contract Terminated); Remaining funds transferred to this contract. 2) Estimate of 2022 Court Security budget amount remaining; Funds transferred to this contract. 3) Budget Supplemental amount requested / approved by Council May 2022. 4) Estimate of 2023 Court Security budget amount for this contract. 5) Security contract for a not-to-exceed amount of $500,000. CONNECTION TO STRATEGIC PLAN: Safety Page 169 of 290 OUTREACH/COMMUNICATIONS: Civic Center staff and some library users have submitted multiple requests for improved security at the Civic Center. In response, City staff were informed of the proposal to combine security contracts during the all-staff meeting known as Grub Club on July 21, 2022. ATTACHMENTS: Professional Services Agreement - Redacted Attachment A - Outline Statement of Work - Redacted Proposal with Pricing - Allied Universal - Redacted Contract Approval Summary - CAS - Allied Universal EEF Board Approval Memo PowerPoint Presentation Page 170 of 290 $2 Englewood DIVISIONPROCUREMENT CITY OF PROFESSIONAL SERVICES AGREEMENT Contract Number PSA-22-88 SECURITY SERVICES $500,000.00 (Not to exceed) This Professional Services Agreement (the “Agreement”)is made as of this day of ,20_,(the "Effective Date”)by and between Universal Protection Service,LP,DBA Allied Universal Security Services,a California Limited Partnership ("Consu|tant”),and The City of Englewood,Colorado,a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant,from time to time,provide certain consulting services,systems integration services,data conversion services,training services,and/or related services as described herein,and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto, intending to be legally bound,agree as follows: 1.Definitions.The terms set forth belowshall be defined as follows: (a)"|nte||ectua|Property Rights” shall mean any and all (by whatever name or term known or designated)tangible and intangible and now known or hereafter existing (1)rights associate with works of authorship throughout the universe,including but not limited to copyrights,moral rights,and mask- works,(2)trademark and trade name rightsand similar rights,(3)trade secret rights,(4)patents, designs,algorithms and other industrial property rights,(5)all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated)(including logos,“rental”rights and rights to remuneration),whether arising by operation of law,contract,license,or otherwise, and (6)all registrations,initial applications, renewals,extensions,continuations,divisions or reissues hereof now or hereafter in force (including any rights in anyof the foregoing). (b)“Work Product”shall mean all patents,patent applications,inventions, designs,mask works,processes, methodologies,copyrights and copyrightable works,trade secrets including confidential information,data,designs,manuals,training materials and documentation,formulas, knowledge of manufacturing processes, methods,prices,financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared,documented and/or delivered by Consultant,pursuant to the provision of the Services. (c)"Contract"shall mean this instrument,Attachment A the Outline of the Statement of Work,Attachment B Consultant's Proposal,Attachment C Certificate oflnsurance and any instruments,drawings and documents which are attached or incorporated by reference.The Consultant,by executing this Contract,agrees to comply with all such terms and conditions and attachments.In addition, an exhibits rovidedb the 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #22-88 Page 171 of 290 Consultant,shall be incorporated and made a part of this Contract. 2.Statements of Work.During the term hereof and subject to the terms and conditions contained herein,Consultant agrees to provide, on an as requested basis,the consulting services,systems integration services,data conversion services,training services,and related services (the “Services”)as further described in Attachment A (the "Outline of Statement of Work")for City,and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement.Each Statement of Work shall specify the scope of work,specifications,basis of compensation and payment schedule,estimated length of time required to complete each Statement of Work,including the estimated start/finish dates,and other relevant information and shall incorporate all terms and conditions contained in this Agreement ' 3.Performance of Services. (a)Performance.Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications,if any,set forth in the Statement of Work,and in accordance with industry standards.Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b)Delays.Consultant agrees to(e) notify City promptly of any factor,occurrence,(f) or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement,or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work.Such notice shall be given in the event of any loss or reassignment of key employees,threat of strike,or major equipment failure.Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c)Discrepancies.If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict,Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. (d)Liquidated Damages. Consultant and City recognize that time is of the essence of this Agreement and that City will suffer financial and other losses if the Work is notcompleted and performance not achieved as specified in the Statement of Work.The Parties agree that the actual damages for delay are incapable of calculation.The City expends additional personnel effort in administrating the Contract or portions of it that are not completed on time,and such efforts and the costs thereof are impossible to accurately compute. Accordingly,instead of requiring such proof, City and Consultant agree that as liquidated damages for delay (but not as a penalty)the following damages shall be assessed and are reasonable and equitable: (1).In the event Consultant does not arrive at the start of a scheduled shift,or remain until the end of a scheduled shift, Consultant will incur damages as follows:for Armed Security,at the rate of $320 per incident;for Unarmed Security at the rate of $247 per incident. The Consultant is required to pay the full amount of damages for each violation. 4.Invoices and Payment.Unless otherwise provided in a Statement of Work,City shall pay the amounts agreed to in a Statement of Work within thirty (30)days following the acceptance by City of the work called for in a Statement of Work by City.Acceptance procedures shall be outlined in theStatement of Work.If City disputes all or any portion of an 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org PSA #22-88 Page 172 of 290 invoice for charges,then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice.City shall notify Consultant as soon as possible of the specific amountdisputed and shall provide reasonable detail asto the basis for the dispute.The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible.Upon resolution of the disputed portion,City shallpay to Consultant the resolved amount. 5.Taxes.City is not subject to taxation.No federal or other taxes (excise, luxury,transportation,sales,etc.)shall be included in quoted prices.City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measuredby net or gross income,capital,net worth,franchise, privilege,any other taxes,or assessments,nor any of the foregoing imposed on or payable by Consultant.Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit,as applicable,City in atimely manner,for any and all taxeserroneously paid by City.City shall provide Consultant with,and Consultant shall accept ingood faith,resale,direct pay,or other exemption certificates,as applicable. 6.Out of Pocket Expenses.Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City,provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7.Audits.Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections ofConsultant’s operations and compliance withthis Agreement. Consultant shall provide such auditors and inspectors any reasonableassistance that they may require.Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8.Term and Termination.The term of this Agreement shall commence on the date when both parties have signed the Agreement,and shall continue for one year with an option to renew for four (4)additional one-year periods, unless thisAgreement is terminated as provided in thisSection 8.At the end of the initialone-year period,if the parties desire to extend this Agreement beyond the one-year period,written notice shall be given to the other party no later than thirty (30)days prior to the end of the one- year period.Ifthe parties agree to the request for renewal,the parties shall then enter into a renewal extending this Agreement including a new Statement of Work,if necessary.The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Councilpursuant to the City's Purchasing Policies.The parties also understand and acknowledge that the extension of this contract beyond the initial one- year period is contingent upon the City appropriating adequate funds for each fiscal year (a)Convenience.City may,without cause and without penalty,terminate the provision of Services under any or all Statements of Work upon thirty (30)days prior written notice.Upon such termination,City shall, upon receipt of an invoice from Consultant,pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based ontime expended for all incomplete tasks as listed in the applicable Statement of Work,and all completedtasks will be charged as indicated in the applicable Statement of Work. (b)No Outstanding Statements of Work.Either party may terminate this Agreement by providing the other party with at least thirty (30)days prior written notice of termination if there are no outstanding Statements of Work. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #22-88 Page 173 of 290 (c)Material Breach.If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment)and does not substantially cure such default within thirty (30) days after receiving written notice of such default,then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10)days prior written notice of termination to the defaulting party. (d)Bankruptcy or Insolvency.Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party:(1)makes a general assignment of all or substantially all of its assets for the benefit ofits creditors;(2) applies for,consents to,oracquiesces in the appointment of a receiver,trustee,custodian,or liquidator for its business or all or substantially all of its assets;(3)files,or consents to or acquiesces in,a petition seeking relief or reorganization under any bankruptcy or insolvency laws;or (4)?les a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60)days after it was filed. (e)TABOR.The parties understand and acknowledge that each party is subject to Article X,§20 of the Colorado Constitution ("TABOR").The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement.It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning ofTABOR and, notwithstanding anything in this Agreement to the contrary,all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31.Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and othenlvise made available in accordance with the rules,regulations,and resolutions of City and applicable law.Upon the failure to appropriate such funds,this Agreement shall be deemed terminated. (f)Return of Property.Upon termination of this Agreement,both parties agree to return to the other all property (including any Confidential Information,asdefined in Section 11)of the other party that it may have in its possession or control. 9.City Obligations.City will provide timely access to City personnel,systems and information required for Consultant to perform its obligations hereunder.City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge,a reasonable workenvironment in compliance with all applicable laws and regulations,including office space,furniture, telephone service,and reproduction,computer, facsimile,secretarial and other necessary equipment,supplies,and services.With respect to all third-party hardware or software operated by or on behalf of City,City shall,at no expense to Consultant,obtain all consents,licenses and sublicenses necessary for Consultant to perform under the Statementsof Work and shall pay any fees or other costs associated with obtaining such consents,licenses and sublicenses. 10.Staff.Consultant is an independent consultant and neither Consultant nor Consultant’s staff is,or shall be deemed to be employed by City.City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reservesthe right to determine the method,manner and means by which the Services will be performed. The Services shall be performed byConsultant or Consultant’s staff,and City shall not be required to hire,supervise or pay any assistants to help Consultant perform the Services under this Agreement.Except to the extent that Consultant’s work must beperformed on or with City’s computers or City’sexisting software,all materials used in providing the Services shall be provided by Consultant. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org PSA #22-88 Page 174 of 290 11.Confidential Information. (a)Obligations.Each party hereto may receive from the other party information which relates to the other party’s business,research, development,trade secrets or business affairs (“Confidential lnformation”).Subject to the provisions and exceptions set forth in the Colorado Open Records Act,CRS Section 24- 72-201 et seq.,each party shall protect all Confidential Information of the other party with the same degree of care as it usesto avoid unauthorized use,disclosure,publication or dissemination of its own confidential information of a similar nature,but in no event less than a reasonable degree of care.Without limiting the generality of the foregoing,each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential information except such disclosure or access shall be permitted to an employee, agent,representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services.Each party shall insure that their employees,agents,representatives,and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited underthis Section 11.Further, each party agrees not to alter or remove any identification,copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party.A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledgeof Confidential Information at any location or byany person or entity other than those authorized by this Agreement. Notwithstanding the foregoing,nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1)that party rightfully possessed before it received such information from the other as evidenced by written documentation;(2)subsequently becomes publicly available through no fault of that party;(3)is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure;or (4)is required to be disclosed by law,provided that the disclosing party will exercise reasonableefforts to notify the other party prior to disclosure. (b)Know-How.For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non- proprietary and non-confidential nature. (c)Remedies.Each of the parties hereto agree that if,their officers,employees or anyone obtaining access to the Confidential Information of the other party by,through or under them,breaches any provision of this Section 11,the non-breaching party shall be entitled to an accounting and repayment of all profits,compensation,commissions, remunerations and bene?ts which the breaching party,its officers or employees directly or indirectly realize or may realize as a result of or growing out of,or in connectionwith any such breach.In addition to,and not inlimitationof the foregoing,in the event of any breach of this Section 11,the parties agree that the non- breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law.Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party,its officers or employees and such other rightsand remedies to which the non-breaching partymay be entitled to at law,in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12.Project Managers.Each party shall designate one of its employees to be its Project Manager under each Statement of Work,who shall act for that party on all mattersunder the Statement of Work.Each party shallnotify the 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org PSA #22-88 Page 175 of 290 other in writing of any replacement ofa Project Manager.The Project Managers for each Statement of Work shall meet as often aseither one requests to review the status of the Statement of Work. 13.Warranties. (a)Authority.Consultant represents and warrants that:(1)Consultant has the full corporate right,power and authority to enter into this Agreement and to perform the acts required of it hereunder;(2)the execution of this Agreement by Consultant,and the performance by Consultant of its obligations and duties hereunder,do not and will not violate any agreement to which Consultant is a party»or by which it is othenrvise bound under any applicable law,rule or regulation;(3)when executed and delivered by Consultant,this Agreement will constitute the legal,valid and binding obligation of such party,enforceable against such party in accordance with its terms;and (4)Consultant acknowledges that City makes no representations,warranties or agreements related to the subject matterhereof that are not expressly provided for inthis Agreement (b)Service Warranty.Consultant warrants that its employees and consultants shall have sufficient skill,knowledge,and training to perform Services and that the Services shall be performed in a professional and workmanlike manner (c)Personnel.Unless a specific number of employees is set forth in the Statement of Work,Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work.During the course of performance of Services,City may,for any or no reason,request replacement of an employee or a proposedemployee.In such event,Consultant sha||,within five (5)working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge,and training to perform the applicable Services.Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d)Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes,contributions,and benefits (such as,but not limited to,workers’compensation benefits) which an employer is required to pay relating to the employment of employees.City shall not be liable to Consultant or to any employee for Consultant's failure to perform its compensation,benefit,or tax obligations. Consultant shall indemnify,defend and ho|dCity harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14.Indemnification. (a)Consultant Indemni?cation. Consultant shall indemnify,defend and hold harmless City,its directors,officers, employees,and agents and the heirs,executors, successors,and permitted assigns of any of the foregoing (the “City |ndemnitees”)only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant,from and against all losses,claims,obligations,demands, assessments,fines and penalties (whether civil or criminal),liabilities,expenses and costs (including reasonable feesand disbursements of legal counsel and accountants),bodily and other personal injuries,damage to tangible property,and other damages,of any kind or nature,suffered or incurred by a City lndemnitee directly orindirectly arising from or related to:(1)any negligent or intentional act or omission by Consultant or its representatives in the performance of Consu|tant’s obligations under this Agreement,or (2)any material breach in a representation,warranty,covenant orobligation of Consultant contained in this Agreement. (b)lnfrin ement.Consultant will 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org PSA #22-88 Page 176 of 290 indemnify,defend,and hold City harmless from all lndemni?able Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party;provided,however,that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on:(1)use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used;(2)any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants;or (3)use of the Work Product other than as permitted under this Agreement. (c)Indemnification Procedures. Notwithstanding anything else contained in this Agreement,no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim,suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof;provided,however,that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys,all at such party’s cost and expense;provided further, however,that no settlement or compromise of an asserted third-party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d)Immunity.City,its officers,and its employees,are relying on,and do not waive or intend to waive by any provision of this Agreement,the monetary limitations or any other rights,immunities,and protections provided by the Colorado Governmental Immunity Act,C.R.S.24-10-101 et seq.,as from time to time amended,or othenrvise available to City,its officers,or its employees. 15.Insurance. (a)Requirements.Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policiesof insurance during the term of this Agreement: (1)The Consultant shall complywith the Workers’Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’Compensation claims arising from performance of the work underthis contract. Workers’Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract,aswell as the Employers’ Liability within the minimum statutory limits. (2)Commercial General Liability Insurance and auto liability insurance(inc|uding contractual liability insurance)providing coverage for bodily injury and property damage with a combined single limitof not less than three million dollars ($3,000,000)per occurrence. (3)Professional Liability/Errors and Omissions Insurance covering acts,errors and omissions arising out of Consultant's operations or Services in an amount not less than one million dollars ($1,000,000)per occurrence.Such coverage may be combined with the commercial general liability limits. (4)Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel,acting alone or with others,in an amount not less than one million dollars ($1 ,0O0,000)per occurrence. (b)Approved Companies.All such insurance shall be procured with suchinsurance companies of good standing,permitted to do 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org PSA #22-88 Page 177 of 290 business in the country,state or territory where the Services are being performed. (c)Certificates.Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect.The City of Englewood shall be included as an additional insured on the Consultant’s Commercial General Liability insurance,to the extent of the Consultant’s indemnification obligations under Section 14 and up to the required insurance coverage amount,on the Consultant’s Commercial General Liability Insurance.Coverage may be provided by a blanket endorsement that covers additional insureds where required by written contract.The City of Englewood shall be included as a joint loss payee on the Commercial Crime insurance.Coverage may be provided by a blanket endorsement that covers such joint loss payees where required by written contract.The Certificate of Insurance shall state that "the City of Englewood is included as an additional insured on the Commercial General Liability insurance and as a joint loss payee on the Commercial Crime insurance where required by written contract. Each certificate ofinsurance shall provide that the issuing company shall not cancel,reduce,or othenrvise materially change the insurance afforded underthe above policies unless thirty (30)days’notice of such cancellation,reduction or material change has been provided to City. 16.Rights in Work Product. (a)Generally.Except as specifically agreed to the contrary in any Statement of Work,all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant.With respect to the Work Product,Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights,a non-exclusive,irrevocable,perpetual, worldwide,fully paid and royalty-free license, to reproduce,create derivative works of, distribute,publicly perform and publicly display by all means now known or later developed,such Intellectual property Rights. (b)Know-How.Notwithstanding anything to the contrary herein,each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how,and expertise,and to use,disclose, and employ any generalized ideas,concepts, know-how,methods,techniques,or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17.Relationship of Parties.Consultant is acting only as an independent consultant and does not undertake,by this Agreement,any Statement of Work or othen/vise,to performany obligation of City,whether regulatory or contractual,or to assume any responsibility for City’s business or operations.Neither party shall act or represent itself,directly or by implication,as an agent of the other,except as expressly authorized in a Statement of Work. 18.Complete Agreement.This Agreement contains the entire agreement including all Exhibits,Statements of Work and other Attachments that have been executed by the parties,and are attached hereto and made a part of this Agreement. 19.Applicable Law.Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado.Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org PSA #22-88 Page 178 of 290 (a)Attorney Fees.In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement,or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs,fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20.Scope of Agreement.If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent,then such provision shall be enforced to the maximum extent permitted by law,and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail,but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21.Additional Work.After receipt of a Statement of Work,City,with Consultant’s consent,may request Consultant to undertake additional work with respect to such Statement of Work.In such event,City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22.Sub-consultants.Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City.In the event of any permitted subcontracting,the agreement with such third party shall provide that,with respect to the subcontracted work,such sub-consultant shall be subject to all ofthe obligations of Consultant specified in this Agreement. 23.Notices.Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1)if by hand delivery, upon receipt thereof,(2)three (3)days after deposit in the United States mails,postage prepaid,certified mail,return receipt requested or (3)one (1)day after deposit with anationa||y- recognized overnight courier,specifying overnight priority delivery.Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24.Assignment.This Agreement may not be assigned by Consultant without the prior written consent of City.Except for theprohibition of an assignment contained in the preceding sentence,this Agreement shall be binding upon and inure to the benefit of the heirs,successors and assigns of the parties hereto. 25.Third Party Beneficiaries.This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26.Headings.The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation.The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement.The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27.Waiver.The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not affect in any way the full right to require such performance at any subsequent time;nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28.Force Majeure.lf performance by Consultant of any service or obligation under this Agreement is prevented,restricted,de|ayed or interfered with by reason of labor disputes, strikes,acts of God,floods,lightning,severe weather,shortages of materia|s,rationing,utility or communications failures,earthquakes,war, revolution,civil commotion,acts of public enemies,blockade,embargo or an law,order, 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #22-88 Page 179 of 290 proclamation,regulation,ordinance,demand or requirement having legal effect of any governmental or judicial authority or representative of any such government,or any other act whether similaror dissimilar to those referred to in this clause,which are beyond the reasonable control of Consultant,then Consultant shall be excused from such performance to the extent of such prevention, restriction,delay or interference.lfthe period of such delay exceeds thirty (30)days,City may, without liability,terminate the affected Statement of Work(s)upon written notice to Consultant. 1000 Englewood Parkway,Englewood.Colorado 80110-2373 (303)762-2300 www.engIewoodgov.org PSA #22-88 10 Page 180 of 290 29.Time of Performance.Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30.Permits.Consultant shall at its own expense secure any and all licenses,permits or certificates that may be required by any federal, state or local statute,ordinance or regulation for the performance of the Services under the Agreement.Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change,alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at thetime of performance of the Services. 31.Media Releases.Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal,accounting,or regulatory requirements beyond the reasonable control of Consultant,all media releases,public announcements,or public disclosures (including,but not limited to,promotional or marketing material)by Consultant or its employees or agents relating to this Agreement or its subject matter,or including the name,trade mark,or symbol of City,shall be coordinated with and approved in writing by City prior to the release thereof.Consultantshall not represent directly or indirectly that anyServices provided by Consultant to City has been approved or endorsed by City or include the name,trademark,or symbol of City on alist of Consultant’s customers without City's express written consent. 32.Nonexclusive Market and Purchase Rights.It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services.Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33.Survival.The provisions of Sections 5, 8(g),10,11,13,14,16,17,19,23,25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34.Verification of Compliance with C.R.S.8- 17.5-101 ET.SEQ.Regarding Hiring of Workers without Authorization: (a)Employees,Consultants and Sub-consultants:Consultant shall not knowingly employ or contract with a Worker without Authorization to perform work underthis Contract.Consultant shall not contractwith a sub-consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with a Worker without Authorization to perform work underthis Contract.[CRS 8-17.5-102(2)(a)(|)&(II).] (b)Verification:Consultant wil lparticipateineithertheE-Verify program or the Department program,as defined in C.R.S.8- 17.5-101 (3.3)and 8-17.5-101 (3.7), respectively,in order to confirm the employment eligibility of all employees who arenewly hired for employment to perform work under this public contract for services.Consultant is prohibited from using the E-Verifyprogram or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c)Duty to Terminate a Subcontract:If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly‘employs or contracts with a Worker without Authorization, the Consultant shall; 1000 Englewood Parkway,Englewood.Colorado 80110-2373 (303)762-2300 www.englewoodgov.org 11 PSA #22-88 Page 181 of 290 (1)notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with a Worker without Authorization;and (2)terminate the subcontract with the sub-consultant if,within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the Worker without Authorization;except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with Worker without Authorization. (d)Duty to Comply with State Investigation:Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made inthe course of an investigation by that the Department is undertaking pursuant to C.R.S.8-17.5-102 (5) (e)Damages for Breach of Contract: The City may terminate this contract for a breach of contract,in whole or in part,due to Consultant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102.Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breachof this Contract under this Paragraph 34. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org PSA #22-88 12 Page 182 of 290 IN WITNESS WHEREOF,the parties to this Agreement have caused it to be executed by their authorized of?cers as of the day and year first above written.This Agreement may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD,COLORADO Date: (Mayor) Universal Protection Service LP DBA Allied Universal Securit Services (Consultant Name) 1551 N.Tustin Avenue Suite 650 Address Santa Ana,CA 92705 City,State,Zip Code By- (Signature) Steve Claton (Print Name) Title:Re ional President Date: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #22-88 ‘L7. 13 ATTEST: City Clerk (Department Director) (City manager) Date: Date: Page 183 of 290 ATTACHMENT A OUTLINE OF STATEMENT OF WORK 1 GENERAL The City of Englewood will award a contract for Armed and Unarmed Security Services where the contractor will supply all labor,materials,equipment,and incidentals required to provide both armed and unarmed security at the Environmental Foundation |nc.’s property and Civic Center.Security services required are as noted in this Statement of Work.Complete terms are per the Professional Services Agreement. 2.NAMES,PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Contractor Coordinator:EEF Coordinator: Christofer Harms Melinda Goblirsch (303)901-9037 (303)762-2511 Chris.harms@aus.com mgoblirsch@englewoodco.gov 3.SUMMARY OF PURPOSE FOR STATEMENT OF WORK It is the intent of the EEF/COE to receive high quality security services in order to provide safe and convenient facilities for the public and COE employees.Per RFP-22-O22. 4.DELIVERABLES,SPECIFICATIONS and PERFORMANCE STANDARDS Services shall be provided for the following buildings,sites and outlying locations. Englewood City Center (EFF Common Areas shown on Attachment A) Civic Center Building Parking Garage Bridge to RTD Light Rail Station (including elevator and ramps) Amphitheater Fountain area/front lawn SidewalksNValk Ways/Pedestrian Ramps Paved Roadways &Parking Lots in the EEF Common Area (Attachment A) .3"?-‘"99?-9.0".” 5.SCOPE OF WORK The Contractor shall furnish a qualified,trained,and uniformed security guard service with the required equipment to ensure the safety of the designated facilities and protect the facilities from malicious damage,trespassing,or sabotage;protect COE personnel,contract employees,tenants,and authorized visitors from physical harm;and protect all on-site material and equipment from unauthorized use,loss, theft,pilferage,and vandalism. a.Post Orders: -Based on this RFP,the Contractor shall develop a comprehensive set of Post Orders, documenting both general procedures,actions to be taken,and site-speci?c responsibilities,for monitorin the EEF/COE ro erties and Municipal Court. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org PSA #22-88 14 Page 184 of 290 Post Orders will be established prior to the commencement of the contract and reviewed and agreed upon by the Contractor and the EEF/COE;and Municipal Court. All security officers will be required to read and verify they understand the Post Orders and at a minimum,shall be tested during the on-the-job training period,annually or more frequently during site inspections. The Post Orders are subject to review and change at any point in time.Re-evaluation of their applicability will be constant.The security guard service must be flexible and accommodate changes when requested and agreed to. The City will investigate the addition of metal detectors to assist in monitoring Civic Center security. The security guard service of the Contractor shall maintain a continuous patrol of the specified areas during the hours identified. a.Required Duties —Unarmed: General performance criteria shall include but not be limited to providing required duties: EEF/COE requires unarmed security services for the EEF property and appurtenances;and the Civic Center Building. Unarmed security services are required 24 hours per day,7 days per week throughout the entire year including holidays.One (1)uniformed security officer is required at all times forthis scope.A second security guard is required for the Civic Center building during regular business hours.The Contractor shall provide the security officers with a vehicle for all shifts. The uniformed,unarmed security officers are required to patrol the CityCenter,which includes patrolling the surrounding exterior spaces (EEF properties)and the parking structure,both on foot and in a vehicle;and the Civic Center building (COE)which includes the second floor Restrooms. When two (2)security of?cers are on site,they are required to patrol separately but have the ability to communicate with each other. Unarmed security is required to patrol these areas to deter crime,including damage,loss,or injury to persons and property and identify: Any non-typical behaviors of people Illegally parked vehicles Abandoned vehicles Tow trucks Persons attempting to enter a vehicle Panhandlers Trespassing Loitering Hazards and other unsafe conditions 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org OOOOOOOOO PSA #22-88 15 Page 185 of 290 Maintenance issues Burned out lights Oversee emergency evacuation in the event of an imminent danger situation, unconfined fire or tornado.Upon re-entry to the building,all persons will again be subject to screening procedures. 0OO .Additional Duties —Unarmed /Library Specific: The Library has asked for security guards be available,if library staff needs assistance with a situation,until the Englewood Police arrive. Required Duties —Armed/Municipal Court Specific: Englewood Municipal Court is a full-time court that operates on a daily basis.The current business hours are from 8:00 am to 5:00 pm Monday through Friday;excluding holidays.It is not uncommon for court to last beyond the close of business due to a length proceeding.The Judge will normally finish the day's docket before adjourning. The City has purchased a Checkgate®8000 walkthrough metal detector,placed at the single public entrance to the Court and its adjacent offices. One (1)armed security officer is required for the Municipal Court entry to monitor this device during all operational hours of the Court.Coverage will include all business hours,whether court is in session or not,such as the lunch hour or non-court session days when only the offices are open. Before assuming the post,the guard is required to walk through the entire court /prosecution area to ascertain that the area is secure;appropriate court rooms are unlocked;metal detector is in working order and doors to the main area are unlocked. The guard will remain at the post until relieved.Requests for breaks will be made to one of the court contacts.There is no scheduled lunch relief. The guard is permitted to eat and drink at the desk.The guard is asked to exercise discretion when doing so —as food or drink is not allowed in the Court area. At the end of the day,the guard will lock the doors to the main lobby;walk-through the area to determine that all non—staff individuals have left the area;and determine the area is secured. All suspicious circumstances or items should be evaluated by the security officer to determine whether the situation warrants police involvement. All property or items found should be turned in to the court c|erk’s office to be placed in lost and found. This guard position,because of location,is likely to receive inquiries about other areas of the building.We encourage the guard to be pleasant and direct the individual to the proper area. Any information requested by individuals entering the court area,other than directions to specific 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org PSA #22-88 Page 186 of 290 rooms,etc.should be referred to the court clerk’s office. The guard is specifically prohibited,by law,from offering any legal opinions or advice. The armed guards must be Colorado POST (Peace Officer Standard and Training)certified as a peace officer. Armed guards assigned to this position must carry firearms and be trained by the security agency on their use.Each security offer shall re-qualify with the fire arm at least twice per year and the qualification records shall be made available upon request by the EEF/COE. .Required Duties —General (Armed and Unarmed): The security guards must possess good interpersonal and customer service skills. Uniforms and all personal security guard equipment,including weapons and handcuffs,will be provided by the Contractor. The Contactor is required to have a designated supervisor for each shift and a manager for the contract.Neither individual is required to be on site with the security officer on duty,but the individuals shall be available during each shift,if needed.At the beginning of the contract term, the selected firm shall submit the final security plan that includes schedules for guard supervision by the Contractor. Specific security guard duties includebut are not limited to: o Patrol the entire facility to provide a visible presence to discourage vandalism or unauthorized entry. o Make scheduled rounds including through the parking garage,bus parking area,pedestrian bridge,and 2"“floor Restrooms. Respond promptly and appropriately to all security-related emergencies. 0 Perform inspection,detection and investigation of security-related incidents,violations of regulations and matters of public safety and report same to the Englewood Police Department Interface immediately with any law enforcement agency responding to EEF/COE property. 0 Prepare and submit written reports to document any actions taken by the security guard regarding any ordinance and/or rule enforcement or emergency,to the designated EEF/COE representative.Also,see below in “e.Reportsz”. Provide daily reports to the EEF/COE representative to track various ongoing I recurring issues.See below in “e.Reports:”. Security officers shall remain on the EEF/COE property at all times throughout the duration of the shift. 0 Security officers are to provide an escort for COE employees,contract employees or approved service providers /volunteers to their vehicles,as requested. 0 Security officers shall not smoke on EEF/COE premises at any time. Officers may perform duties both on foot and in a vehicle (provided by the Contractor). Security officers shall be equipped with portable communication devices permitting 24-hour communication with company headquarters,appropriate law enforcement agencies and each other. o Securit contractor to rovide ke Cit staff Libra Court and Facilit with direct access 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org OOOO 17 PSA #22-88 Page 187 of 290 number to contact security guards to respond/assist in dealing with various situations as they occur e.Reports: 0 Contractor shall complete and submit a Daily Report form to the EEF/COE representative on a weekly basis for the prior week’s shifts. o In the event of an unusual occurrence,the Contractor shall submit an Incident Report to the EEF/COE representative along with the Daily Report form. a Contractor may use Contractor's forms for these reports,subject to prior approval of the EEF/COE representative. 0 Any and all reports prepared during the term of this Contract shall become the property of the EEF/COE. f.Personnel: o All Contractor personnel shall carry out the function of security operations on site in a manner conforming to the highest standard of the private security industry,applicable regulatory rules and guidelines,and the specifications of this contract. -The Contractor shall provide selection criteria for security personnel for review and approval by the EEF/COE representative.Selection criteria shall include consideration of character traits, motivation,and the ability to perform the mental physical tasks required of guard force personnel. All guard forces shall possess mental and emotional stability and have the capability to exercise sound judgement. 0 Security officers assigned to perform work under this Contract shall wear uniforms at all times. These uniforms must clearly identify the name of the security Contractor and the name of the individual security guard. o This identification may be accomplished through the use of shoulder patches,silk screening or stitched company emblems,insignias or logos. 0 Security officers employed by the Contractor to perform work under this Contract shall be able to communicate effectively in both written and oral English. 0 Security officers shall possess a valid Colorado Driver’s License. 0 EEF/COE expressly retains the right to request any specific Contract personnel be precluded from providing services to EEF/COE under this Contract.EEF/COE is not required to provide any reason for requested removal of specified Contract personnel.Contractor shall effectuate removal of the requested personnel within three (3)business days. g.Equipment: a Contractor shall furnish all equipment necessary to perform the work as described herein. o All equipment shall be kept in good repair and shall conform to all federal,state and local requirements. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #22-88 Page 188 of 290 Required equipment shall include but not be limited to (unarmed positions will not have armed accoutrement): Vehicle to perform security inspections during shift. Radio communication equipment Smartphone Duty belt and belt keepers Flashlight OC spray canister with holster Handcuffs with case Ballistic vest Individual First Aid Kitfor gunshot trauma Spare ammunition carrying devices (magazines) Pistol Glock 22 or 23 .40 S&W OOOO OOOOOO Contractor shall provide and maintain a radio communication system to allow for direct voice communication between the security patrol officers,a central dispatch center and appropriate law enforcement agency. Emergency Notification: Contractor shall be provided with an EEF/COE personnel call-out list to be used by the assigned security officer to notify and/or request assistance of the COE in the event of an emergency on EEF/COE property. Contractor Orientation: EEF/COE,through the Englewood Police Department,will provide Contractor and designated Contractor’s employees with an initial orientation prior to start of Contractor’s operation. Contractor shall be notified,in writing,of the orientation meeting date,time and location and Contractor shall ensure that the appropriate personnel are in attendance. It shall be the responsibility of the Contractor to ensure that employees to be assigned to perform the work described in these specifications,whether or not in attendance at the initial orientation meeting,receive all information distributed at said initial orientation meeting. Start of Shift: At the start of each work shift the Contractor’s security officer shall document the time of arrival and discuss any significant security matters with the security officer from the previous shift. Change of Shift: Contractor shall ensure that continuous coverage is maintained during shift changes.Under no circumstances,will there be a total absence of security service personnel during the hours covered by this Contract. Emergencies: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA 22-88 19 Page 189 of 290 The EEF/COE representative shall inspect the work to verify service complies with specifications, 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org Security officers shall respond to all requests for emergency assistance regardless of the nature of the emergency. Upon determination of the nature of the emergency,the security officer shall immediately notify the appropriate law enforcement agency,fire department and/or medical aid provider as required. .Premium Time: Premium time,for the purposes of this contract,is defined as the 24-hour period for each City of Englewood designated holidays included in this contact (10 total). 6.CONTRACTOR RESPONSIBILITIES -SUMMARY a. Q. Contractor shall provide one (1)unarmed uniformed security officer 24 hours per day,seven (7) days per week and include a vehicle for the officers’use;and one (1)unarmed security officer 40 hours per week,to secure the Civic Center building during regular business hours. Contractor shall provide one (1)armed uniformed security officer 8 hours per day,five (5)days per week for Municipal Court. Contractor shall provide a fully qualified and experienced supervisor;the supervisor shall act as a liaison between the EEF/COE representative and the Contractor's personnel;the costs of the supervisor shall be included in the hourly prices for each task and shall not be paid for separately. Contractor shall complete all work in a satisfactory manner within the specified timelines and adhere to the established post orders Contractor shall provide all appropriate equipment,material and personnel resources to complete all work in a satisfactory manner within the specified timelines If sub-contractors are used for any purpose,Contractor shall ensure they provide the same insurance coverage at the same levels,as specified in the contract including coverage of EEF/COE as an additional insured Contractor shall provide equipment which is safe and in good working condition 7 EEF/COE RESPONSIBILITIES -SUMMARY 3.EEF/COE shall designate an individual to serve as the contact person for the contractor,also described as the EEF/COE representative The EEF/COE representative shall enable contractor access to various sites,as needed EEF/COE shall provide one (1)designated parking spot within the parking garage for vehicles used to execute this Contract. 8.VERIFICATION AND COMPLIANCE PSA #22-88 20 Page 190 of 290 industry and performance standards.Work that does not meet specifications will be corrected in accordance with contract provisions,at no additional cost to EEF/COE. Invoices shall be submitted monthly and shall detail the hours utilized,according to the Pricing Worksheet,at the contract rates. 9.MODE OF PAYMENT 10. 0 Payment shall be issued after invoice is received and approved. PAYMENT SCHEDULE o City will pay Consultant for the work in accordance with the following payment schedule. 0 All payments to Consultant are contingent on Consultant's satisfying the Deliverables set forth and the City’s approval of hours detailed on invoices. o Invoices shall be submitted monthly and shall detail the hours utilized,according to the Pricing Worksheet,at the following contract rates: Armed Security: o Straight Time: o Premium Time: $40.09/hour $60.14/hour Armed Security —Municipal Court.The Company anticipates 40 hours per week (HPVV)of security coverage. Unarmed Security: o Straight Time: o Premium Time: $30.84/hour $46.26/hour Unarmed Security —COE &EEF.The Company anticipates 168 hours per week (HPV\I)of security coverage. Unarmed Security —Civic Center Building.The company anticipates 55 hours per week (HPVV)of security coverage. Ten (10)holidays will be paid at Premium Time.These holidays are: New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day Christmas Eve Christmas Day OOOOOOOOOO9 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 vvww.englewoodgov.org PSA #22-88 21 Page 191 of 290 Title. Date: Universal Protection Service LP DBA Allied Universal Securit Services Consultant Name By: 14 O O O O O O O 0 LOCATION OF WORK FACILITIES o All work will be conducted at EEF property located in the Northeast quadrant of Highway 285 and S.Santa Fe Dr.except for managerial &administrative work which shall be conducted by Contractor at its regular office location.Services shall be provided for the following buildings/sites: Englewood City Center (EEF Common Areas) Englewood Civic Center Building Parking Garage Bridge to RTD Light Rail Station (including elevator and ramps) Amphitheater Fountain area/front lawn Sidewalks/\Nalk Ways/Pedestrian Ramps Paved Roadways &Parking Lots within the EEF area IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated Work as of this day of CITY OF ENGLEWOOD,COLORADO By: (Signature) (Print Name) ,2022,the parties have executed this Statement of ,2022. (Signature) Steve Claton (Print Name) Title:Re ional President Date: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org PSA #22-88 22 Page 192 of 290 [Su?RTH DUT _Hi :‘‘*n.i mm”:M _ -)-EEii:°£lY..? FITACHMENT A RFP22-O22 US 285 SCALQ:1 mm-ii?fut1‘N narg:mung: IHGT-ODRHEEMEI! 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.engIewoodgov.org PSA #22-88 23 éiiBI.E$§l‘5OEl PKW1 apm? EEETM Page 193 of 290 ATTACHMENT B CONSULTANT'S PROPOSAL 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org PSA #22-88 24 Page 194 of 290 ATTACHMENT C CERTIFICATE OF INSURANC 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #22-88 25 Page 195 of 290 §s£¢i2~:~rn $="f"~“1.3222.-; '~;./‘T An Allied Universa|®Proposal for City of Englewood Public Works RFP-22-O22 Thereforyo Page 196 of 290 Thereforyo Table of Contents Cover Letter ................................................ ................................................ ........................................ ..1 Professional Qualifications .......................................... .......................................... .......................... ..3 Expansive Infrastructure,Resources and Scalability ........................................ ............................... ..5 Business Capability:........................................... ........................................... .................................... ..6 Expansive Infrastructure,Resources and Scalability .................................... ................................... ..9 Screening and Suitability ............................................... ............................................... .................. ..10 Industry-Leading Employee Training and Development Programs ............................ .................. ..12 Advanced Proprietary Resources &Technology to Optimize Performance ........................ .......... ..13 Past involvement with Similar Projects ......................................... ......................................... ..15 Proposed Work Plan .............................................17 Fee Proposal ..19 STATEMENT OF PROPRIETARY INFORMATION:This proposal contains proprietary informationregarding Allied Universa|®and is not for public disclosure.Dissemination and reproduction may only be made after written permission by an authorized representative of Allied Universa|®is granted.This document was prepared and is submitted in con?dence to the recipient.it is submitted solely for use by your management for the purpose of review in connection with an invitation to submit a proposal to provide security services. Allied UniversaI®Response to City of Englewood Public Works Table of Contents L}-.‘ Page 197 of 290 ER mereforyou John Donakowski Facilities Project Manager 1000 Englewood Parkway Englewood,CO 80110 City of Englewood Public Works #RFP-22-O22 Dear Mr.Donakowski, First and foremost,on behalf of the entire Allied Universal team,I would like to thank you for the opportunity to continue our valued relationship with The City of Englewood.It is our goal to continue to provide you with the finest,yet cost effective,contract security services available in the southern Metro area. As your current security provider,we understand more than any other security provider the true importance of quality security for the City.We look fonlvard to the opportunity to continue to provide a customized program that not only meets but exceeds the City’s requirements.Allied Universa|’s local,regional,and corporate team has carefully reviewed the materials in the RFP and assures the City that the Company continues to offer the City of Englewood the capability and capacity, manpower,technology,training,and human and capital resources to continue the performance of the work described in this RFP from Day 1 of new contract commencement.There will be no risk in transition,no risk in providing trained/experienced personnel,no new learning curve,and you will have the most respected and experienced provider to government entities already in place upon award. We understand the City demands reliable,effective management on the program and that staffing is provided at all times.Allied Universal provides the latest technology and equipment,ensuring contract compliance is adhered to at all times.We offer desirable and livable wages,bene?ts,and incentive packages to enable security professionals to have a sense of loyalty and pride in their career with Allied Universal. Allied Universal has the manpower resources,support structure and relationships in-place to effectively support the City’s mission from Day 1. We understand the local labor market;our compensation and retention plans re?ect the competitive labor market,which will ensure the best staffing for the contract.With low unemployment rates,the local region can be a challenging labor market that only a company with robust recruiting capacity can compete in. Our proposal response,references,presence in Colorado,and experience and specialization in government facilities demonstrates the Company's proven expertise.We look fonNard to leveraging national best practices from our existing government programs to continue to support the City’s security program and bring ideas and innovation for its future growth and security goals.Allied Universal offers several unique advantages that make it still the best partner‘ Allied Universal®Response to City of Englewood Public Works Page 198 of 290 UL Thereforyo 0 We are proud to count nearly 500 government clients among our clients,which means we understand the unique challenges the City faces in securing its infrastructure,meeting regulatory requirements,satisfying the demands of diverse stakeholders,and most important.providing a safe and secure environment for your facility visitors and employees.We will bring to the table best practices and innovative changes made by other clients to address social issues. 0 We are proud to be a proven partner of many local Colorado government agencies including Adams County,the City of Colorado Springs,Douglas County,Weld County,RTD’ sLightRailsystem,the 16"‘Street Mall and our current engagement with the City of Englewood (just to name a fewl). -Local area branch office and support team:Comprised of a regional president &vice president,general manager,director of operations,dedicated trainer and recruiters,HR manager,billing and payroll support,and government contracts and compliance manager. o Contract Compliance,Budget &KPI Management.Operational business review meetings to manage the contract requirements as well as the KP|’s and evolving goals set forth by the City.These meetings cover topics such as invoice and billing accuracy,training,post orders, incident report types and trends and turnover.We will continue to communicate these results to the City and strive for continuous improvement. We look fon/vard to hopefully extending our relationship and developed partnership with City of Englewood.If you have any questions about the proposal or wish to schedule a presentation of same,please contact me at 303.901.9037 | We acknowledge having received Addendum No.1 on June 2"”,2022. Sincerely, Q};. Christofer Harms Business Development Manager Allied Unlversal®Response to City of Englewood Public Works chris.harms aus.com ~rai:.RS Page 199 of 290 0 E555 (» (-- Thereforyo PRQFESSIQNAL QUALIFICATIION SIdentifyProjectTeam: General Manager Operations Manager Field and Site Supervisors Security Officers Adri Erickson HR Manager Steven Oesterreich Diractor of Operations Taura Henderson Recruiting Manager Joseph Acree Operations Manager Zainab Alhilo Field Supen/isor Harmony Fletcher-Pettls Field Supervisor Steve Hart Client Manager Present a brief discussion regarding how the security team’s quali?cations and experience relate to the Scope of Work that re?ect: General Manager’s level of involvement in the project. Command Center/Dispatcher Qualifications and relevant individual experience of the security team. Include resumes and qualifications for all proposed team personnel. Unique knowledge of team members related to the Scope of Work. Commitment of time and availability of key security staff. Length of time with the firm for each key team member. Experience on similar security projects as a team. Allied Universa|'s depth of resources and experience is unmatched.However,adding value to our clients’operations extends well beyond an extensive list of capabilities.According to client feedback, Allied Universal“)Response to City of Englewood Public Works 1; Denver-Org Chart J e re m y Le e Vice President jj Jeremy Graves General Manager {HEB Page 200 of 290 {here(oryo what distinguishes Allied Universal from other providers is our ability to address their risk mitigation concerns by delivering a cohesive program focused on results that are important to them.As the incumbent service provider,Allied Universal has combined under one roof the expertise,knowledge, and best practices for the City's security program.There willbe no risk of transition,no lack of exiting or future resources,no interruption in service,and a guaranteed understanding of the delivery of services that the City requires.The City will not have to go through a new learning curve with an inexperienced provider.By continuing its partnership with Allied Universal,the City is guaranteed to have a security partner that has unparalleled knowledge and experience performing all aspects of the current contract,and a contractor with the size,?exibility,and relationships to adapt to any unforeseen or future modi?cations.Allied Universal will continue to meet the changing and evolving needs of this contract and our relationship with the City.We will drive exceptional value and ef?ciencies for the City through our key differentiators. The following local of?ce management staff will provide support to on-site personnel assigned to the City Jeremy S.Lee Regional Vice President Allied Universal Jeremy has 27 years of security industry experience and joined Allied Universal in 2001.As Regional Vice President,Jeremy ensures the overall successful performance of the region,overseeing and directing all operational,financial and administrative functions of three (3)branch offices. He is responsible for 80,000 account hours,and ongoing development and review of local training standards,post order development and leadership development programs. Jeremy has initiated sales with client pre-job meetings,l.A.P.inspections and creating and implementing formal transition plans for new account startups.He is responsible for assisting in creating appropriate and effective strategic sales,marketing and branding initiatives to reach the divisional goals for revenue and gross profit.Jeremy is extremely focused on the needs of our customers and outstanding service delivery.He will provide guidance and oversight to local branch operations,and work with Denver's Branch Manager,providing additional support for your account as needed. Jeremy began his career with Allied Universal as the Branch Manager for the Salt Lake City and Boise,ID branch of?ces.He then moved into the role of Director of Client Value for the Northwest Region,prior to assuming his current position of Regional Vice President. Jeremy’s past experience includes positions as Manager and Security Supervisor of large corporations,as well as a distinguished career in United States Army as a Medical Specialist. Allied Universal“)Response to City of Englewood Public Works Page 201 of 290 mere(oryo Jeremy Graves General Manager —Denver Allied Universal Security Services Jeremy Graves provides supervision,guidance,and support for all of Northern Colorado.He oversees a variety of vertical markets in the Denver area ranging from commercial real estate to warehouse operations and government contracts.As General Manager,Jeremy maintains an active,strong client relations program by making frequent personal visits to discuss any problems or recommendations for the improvement of service provided. Jeremy joined Allied Universal in July 2021 during the acquisition of G48 Secure Solutions.He brings over 20 years of experience in leadership,management,logistics,and corporate security.He is a veteran and honorably served in the United States Army as a MilitaryPolice Officer.Jeremy holds a bachelor’s degree in criminal justice from the University of Nebraska. Expansive Infrastructure,Resources and Scalability With 300,000 employees and operations across all 50 states,Allied Universal is ideally positioned to deliver and self-perform all services expected by the City.Should the City have special coverage needs,our experience providing supplementary security spans special events,elevated threat conditions,workplace violence situations,local emergencies,strikes and more. With our Denver branch office in close proximity to the City facilities,any necessary branch office support will be immediate to assure service continuity.Our local and regional presence enable us to quickly deploy additional personnel and ensure coverage in the event of planned and unplanned absences. In the event of a larger disaster or emergency,we have a proven emergency and disaster response program where we can quickly activate,coordinate and deploy these dedicated resources from across the country.Our national presence and expansive resources provide scalable ?exibility that no other provider can offer,benefiting you through: 0 Ef?cient processes to procure additional coverage when and where you need it o Substantial surge capabilities to support a wide variety of short-term,temporary security needs 0 Consistent levels of service and quality backup personnel to maintain security levels 0 Con?dence that your employees and visitors are safe,assets are secure,and your reputation is protected Allied Universal®Response to City of Englewood Public Works 9 Page 202 of 290 Ill“i O ...______Thereforyo USINESS Universal Protection Service.LP,DBA Allied Universal Security Services a California Limited Partnership 1551 N.Tustin Avenue|Suite 650 |Santa Ana,CA 92705 W:714.619.9719 |C:714.360-5077 I Allied Universal will continue to support the City's operations through our Denver branch office (details below): State the full name and address of the Contractor's ?rm /organization. Authorized by: Jeremy Graves General Manager jeremy.graves@aus.com 402.770.4384 Allied Universal Denver 12100 E.HiffAve,Suite 350 Aurora,CO 80014 Submitter: Chris Harms Business Development Manager chris.harms@aus.com 303.901.9037 Universal Protection Service,LP,DBAAllied Universal Security Services is a Partnership.We are licensed to operate in the State of Colorado. Indicate whether it operates as an individual,partnership,or corporation.If as a corporation,include whether it is licensed to operate in the State of Colorado.‘Iw Allied Universa|®Response to City of Englewood Public Works T Imawl Page 203 of 290 Thereforyou ‘fl (Li *1 fr. 20.18- BFN-000870411 31%;’,‘M.k if :0)!’W 52:»M8 BUSINESS FILENO; |$$UANCE DATE:II'L2?J‘2021 LICENSETYPE:PRIVATE SECURITY EMPLOYER LICENSE HOLDER:UNIVERSALPROTECTION SERVICE,LP TRADENAME:ALLIEDUNIVERSALSECURITYSERVICES mi DEPARTMENTOF EXCISEANDLICENSES 201 W COLFAXAVE DEPT3206 DENVER:COLORADO80202 TELEPHONE(720)885-2740 CITYAND COUNTYOF DENVE Guards aulhotized to carry weapons wluie provudng securuysennces? Types of weapons aukhodzed? YES YES YES YES HANDCUFFS YES LIC H5 CONDITION 13* Han}:these are oonetrons oflurenswr beyond the Ihetxsees oaagamata fomw afprwrsms arm:GatoradeRemsadsraltles,the name!Revised Mmicrpai Code.Promwgaxed Rules or any om:-rctmsme_arfedtrauaw Guardsauthonzed to use vehacieswhile ntovtdmg secmryservices? BATON V:FCREJIRK P£PP?R SPRAY TASER OTHE IT IS THE LICENSEES RESPONSIBILITYTO RENEWPRIOR TO VH5EXPIRATIONDATELISTEDON THISLICENSE ITSHALLBE UMAWFUI.TO OPERATEAFTER THEEXPIRATION DATEUNLESS WE UCENSEEHAS FILEDA COP-PLETERENEWALAPPLICATION ANDPAIDALLREOUISITEFEES THELICENSEWILLBE ADMlNI$TRATN'E|.,Y CLOSEDANDALLLICENSEFRI‘/lEGE5 WILL BEFDRFEITEDIF IT IS NOT RENEWEDWITHIN90 DAYSOF THE EXPIRATIONDATE COMPLIANCEWTIHALLPROVISIONSOF THE DENVERREVISEDMUNICIPALCODE.INCLUDINGCOMPLIANCE WITHARTICLEIVOF CHAPTER26.IS A CONBITIONOF THIS LICENSE THISUCENSE COVERS ONLY THOSEACTIVITIES LISTED Cme1FInanualO?':ceo Allied Universa|®Response to City of Englewood Public Works BUSINESS -PROFESSIONAL LICENS ‘-1.H" Hg: YES :.m'..SA Page 204 of 290 unmsiE AFi([ISOM:[ IiiMc][\1 mrunlzuuz.INSNTUTInus unswm m mmm \ Thereforyo State history of the firm,in terms of length of existence,types of services provided,etc.identify the technical details that make the firm uniquely qualified for this work. TIO =cHEMIc.AL_/TRANSIT RETAIL AV“HFALTHCARE PETRDCHEMICAL Allied Universal has been providing quality security services and highly trained personnel since 1957 to clients in a wide range of industry sectors.As an international company,we provide proactive security services and cutting-edge smart technology to deliver evolving,tailored solutions that allow our clients to focus on their core business.Building the world's best services company,we continue to expand our footprint and infrastructure on a global and local level.In North America,we operate our business under the existing Allied Universal brand,and our international business operates under the G48 brand.Allied Universal has been providing security services in the State of Colorado since 1982. We take a personalized,integrated approach to your needs,becoming fully immersed in the City's culture,mission,and values to provide proactive security services and cutting-edge smart technology tailored to your unique requirements.Allied Universal provides exceptional security solutions that give you the freedom to create,produce,and innovate with your core business. Our world-class customer service and track record of success start with our local leadership, equipped with the know—howto serve you with service-oriented professionalism supported by the most advanced systems and integrated technology in the industry.As your trusted security partner, Allied Universal stands ready to secure and care for the people and businesses in our communities. The security services the Company offers the City is matched only by the specialized expertise obtained through providing similar security services to a wide variety of clients locally,nationally,and internationally. K-12 ‘MANUFACHJRING:SUNDUSTRIAL UTIUUE S,..__ HIGHER msrmaunon EDUCATION 3.LOGISTICS ”E5”’E""“L__l __?mmuumss Allied Universa|®Response to City of Englewood Public Works CONSTRUCTCONDO& HIGH-RISE Specialized Security Expertise &Experience Page 205 of 290 m Address the firm's size and the disciplines of management staff.Include the name of executive and professional personnel,by skill and qualification,that will be employed in the work. Ea§P[&\N$WE Rb CTUJRE,SC/é\LAlll;llT . Government Services Experience &Expertise 0 25,000,000 man-hours of armed and unarmed security services to Federal,state,and local governmental facilities nationwide annually 0 $900 million in revenue 0 15,000 specially trained Government Services contract security professionals o 460 Federal,state,and local clients 0 3,000 government client sites;up to 200 locations under a single contract a Vertical SubjectMatter Experts From this experience,Allied Universal fully understands the complexity of maintaining compliance with rules and regulations while providing the required security services and the need for quali?ed and trained security of?cers.While each client contract is unique in scope and size,typical facilities Allied Universal secures include: 0 City Hall Complexes,State Capitol,and Federal Facilities -Courthouse Complexes o City and County Agencies o City and County Health facilities &Hospitals 0 County Juvenile Assessment Centers 0 Water and Utilities a Parking Facilities o Data Centers -City/County/Federal Child Care Centers 0 Motor Vehicle and other Licensing Facilities -Social Security and Human Services Centers Government Services Memberships o International Association of Chiefs of Police (IACP) 0 National Sheriffs Association (NSA) 0 National Institute of Government Procurement (NIGP) A History of Serving Governmental Entities The Company services hospitals,courts,states,counties,and cities nationwide.Across this client base,the Company protects various types of facilities.The Company provides both armed/unarmed security personnel at these client sites,vehicle and foot patrols,public assistance,customer service/ambassador representation,provides access control and CCTV/Security Operations Center staf?ng,Life/Fire Safety services,and all supervision and management of the various programs. Globally,Allied Universal operates in more than 90 countries with an experienced team of more than 800,000 employees and over 1,400 local of?ces.Security operations will continue to be run through EXPANSIVE INFRASTRUCTURE,RESO RCES AND S ALABILHT Allied Universal®Response to City of Englewood Public Works Page 206 of 290 U Thereforyo U C W -\-,3 1.Outline the screening process and training programs. SC[‘?<.F:ENH\”Giam?S[LJ[L'/ASH our Denver Metro of?ce,which manages 80,000 hours per week of security service and employs 2,500 Security Professionals. The team is led by Vice President Jeremy Lee.Jeremy has 27 years of security industry experience and joined Allied Universal in 2001.As a Regional Vice President,Jeremy ensures the overall successful performance of the region,overseeing and directing all operational,?nancial and administrative functions of three (3)branch of?ces. With our Denver branch of?ce in close proximity to the City facilities,any necessary branch of?ce support will be immediate to assure service continuity.Our local and regional presence enable us to quickly deploy additional personnel and ensure coverage in the event of planned and unplanned absences. in the event of a larger disaster or emergency,we have a proven emergency and disaster response program where we can quickly activate,coordinate and deploy these dedicated resources from across the country.Our national presence and expansive resources provide scalable ?exibility that no other provider can offer,bene?ting you through: 0 Efficient processes to procure additional coverage when and where you need it o Substantial surge capabilities to support a wide variety of short—term,temporary security needs 0 Consistent levels of service and quality backup personnel to maintain security levels 0 Con?dence that your employees and visitors are safe,assets are secure,and your reputation is protected The number one objective of the Allied Universal security professional screening process is to identify quality candidates.This means we consider background,experience,communication,and interpersonal skills,and fit for the position.Quali?ed candidates are invited to formally interview with our branch recruiting team. Background screening is an essential component in Allied Universa|’s process for selecting high caliber employees for the City contract.Initial conversations with applicants provide an opportunity to evaluate demeanor,attitude,and communications skills.Quali?ed candidates formally interview with the local Riverside branch recruiters and hiring managers.Allied Universa|'s standard screening process includes: 0 Education veri?cation o Employment veri?cation 0 Criminal records checkwith stringent hiring standards a Social Security check -Electronic E—Verifyand l-9 employment verification o Motor Vehicle Report (for those security professionals designated to drive a vehicle) o Ten-panel drug test Allied Universa|®Response to City of Englewood Public Works 10 SC EENING AND SUITABILITY Page 207 of 290 '{hereIaryo Application Review &Assessment -Careful analysis focuses on employment history and stability. The application process includes a questionnaire utilized to assess writing skills and determine whether an app|icant’s personal character is in-line with Allied Universal values. Interviews -The initial in-person interview assesses punctuality and appearance and clari?es points of the candidate’s application.Multiple interviews may be conducted,and candidates progressing beyond this level willattend our orientation program. Education and Employment Verification (Reference Checks)-Allied Universal veri?es high school diplomas or GED or highest degree(s)obtained,a minimum of one previous employer including military DD214,and current employer (after an offer is extended). Electronic I-9 and E-Verify -Employment veri?cation must be completed for all Allied Universal employees to present proof of citizenship or authorized alien status.All potential employees are processed through E-Verify,the government's employment eligibilitysystem. Management Testing -Management testing may involve the Thomas Personal Pro?le Analysis,The Kenexa Manager assessment,or The Kenexa Leadership assessment,depending on the position.These tests help assess each candidate's management abilities,drive.maturitv.and people skills,and evaluate whether they are a good ?t. Social Security Checks -As an additional measure of precaution,Allied Universal runs Social Security checks on each candidate to verify identity and history of addresses.The latter is used to assure all associated addresses are considered when determining states and counties to be included in the criminal background check process. Criminal Background Checks -Prior to being hired,each employee undergoes a comprehensive criminal records check.Where required,fingerprints are taken and submitted to the appropriate law enforcement agency for a detailed background investigation.Statewide criminal checks are also conducted when required.Allied Universal will only hire individuals who are suitable for employment in the positions for which they are being hired and who are eligible to hold.a security guard license where required by state law. Pre-employment Drug Testing -All Allied Universal candidates undergo a 10-panel drug test prior to hire to screen,at minimum,for marijuana,cocaine,amphetamines,morphine,and PCP.Preferred ?ve-panel testing is either on-site urine or oral ?uid (depending on state and contractual requirements).In states that do not allow on-site urine or oral ?uid testing,we offer Intercept.an oral ?uid device administered on-site with the results conducted by the lab.On-site ten-panel tests,off- site ?ve-panel or ten-panel tests,hair follicle and alcohol testing are available at additional cost. Motor Vehicle Report —Security professionals designated to drive a vehicle are subject to Motor Vehicle Report checks and on-site training before they can operate a vehicle. Security Officer |ntegritylHonesty Testing -Allied Universal offers security of?cer integrity/honesty testing.This selection assessment tool evaluates attitudes and behaviors associated with high levels of integrity and productive work habits.Allied Universal offers a discounted rate through a commercial arrangement. Allied Universa|®Response to City of Englewood Public Works Page 208 of 290 (..N VERSA The foryou INDUSTRY-LEADING EMPLOYEE TRAINING AND DEVELOPMENT PROGRAMS NEW EMPLOYEE ORIENTATION 80%or higher on final exam ON-THE-JOB TRAINING POST CERTIFICATION Site specific,customized training tracked via oniine database CORE TRAINING 80%or higher on each exam Most security companies build their training plans to meet minimum industry standards;however, training is at the core of Allied Universal’s differentiation,and we are committed to providing the highest quality instructor-led and ongoing training programs in order to ensure Allied Universal security personnel perform at a higher standard than of?cers from other companies and to support retention of of?cers serving the City account. We have invested heavily in training resources to optimize learning and career development for our personnel.Some of our key training differentiators include: Corporate Training Institute:Allof?cers receive training conducted within the AU |nstitute“",the umbrella under which all formal training and development are provided.Allied Institute is supported by more than 50 full-and part-time certified instructors,and provides both mandatory and voluntary courses,which are offered pre-assignment,on-the-job,and as continuing education. Security professional onboarding and development consists of five phases,with speci?c timeframes for completion,as well as testing guidelines to verify comprehension. -3-hour interactive training °Topics:onboarding,policies/procedures,safety and emergency management,legal powers and limitation. SAMPLETOPICS -Access Control -Key Control -Patrol Techniques -Active Shooter -Mechanical Emergencies -Post Responsibilities -BombThreats -Media Relations -Report writing -CPR/FirstAid/AED -Medical Emergencies -Terrorism Awareness -Electrical Emerg.'Opening/Closing -Use of Telephones 0 Equipment Removal Procedures -Vehicle Assistance -Fire Alarm Response -Parking 8:Enforcement -Water Leaks °lD Checks -Parking Lot Security -Weather Emergencies -introduction to -Liability and Loss -Workplace Violence Contract Security Prevention -Emergency Management °Legal Aspects of -Appearance and Wellness -indicators of Terrorist Private Security -Exceptional Customer Care surveillance 0 Note Taking and -Difficult People or -Personal Safety Report Writing Situations -Video Surveillance -importance of -Introduction to Safety -Bomb Threats Documentation -First Aid,CPR and AED -Media Management -Patrol and -Harassment Observation -Post orders SAMPLETOPICS -Fire Alarms -Medical Emergencies -Customer Service 0 Access Control °Suspicious Personsl -Safety -BombThreats Disturbances -Elevator Entrapments -Patrol -Water Leaks -Power Outages Many of our full-time trainers are certified First Aid/CPR/AEDinstructors.Training can be completed vla local office pre-assignment;certifying agency;via trainers at your site,etc. Trainees receive certificates and certi?cation anniversary dates tracked online. ONGOING &REFRESHE RTRAINING/ QUARTERLYSITETRAINING CPR/FIRSTAID/ CERTIFICATIONS Allied Universa|®Response to City of Englewood Public Works SECURITY PROFESSIONAL TRAINING {HEB Page 209 of 290 -______Thereloryou Does your firm have the resources necessary to meet the requirements outlined in this Request for Proposal? [JV/'/¢+.NGE{‘.97T9?\£:P‘«F§[E.T/a,I\aY x’?Q,:—Q TE©{N2 L©T© [MPZZE ERF©'[?\W/3:\N©[; Awards and Certifications:Validating the success of our training programs,Allied Universal has received numerous training awards,most recently being named an Elearning!Magazine 100 Top Learning Organization.We also received industry-wide recognition of our training program with the Outstanding Security Training Initiative Award at the ASIS International 62nd Annual Seminar and Exhibits. Allied Universal’s industry-leading employee training and development programs offer the City the following advantages: Assures the City that we invest in our people,giving you peace of mind that our of?cers are competent,customer-service-focused and always up to date with security protocols. Security training that exceeds industry standards and includes instructor-led and real-life scenario training in order to drive performance and enhance the knowledge of our personnel. Supports the retention and promotion of personnel by having advanced and ongoing training to strengthen employee development. Continuous investment in education resources to bring an array of learning and development programs,such as customer service training,that are customizable to your needs and industry to ensure our personnel obtain superior training. Robust training infrastructure to self-deliver core training. Allied Universal has combined under one roof the expertise,knowledge,and best practices for the City’s security program. Even though the risk of a new transition would be avoided by choosing Allied Universal,rest assured we would treat an award as we would any new contract award.Allied Universal management will conduct weekly meetings with the City throughout the transition process to a new contract to give status updates.We will re-visit,provide,and report on: -Thorough review of all facilities and asses the security needs -Preparation of a written timetable with measurable goals -A transition management team speci?cally assigned to the City -Review and development of detailed training programs and post orders -Orientation training -On-site training -Testing and review of security professional knowledge -Transition assessment and surveys In addition,Allied Universal continues to be the innovation leader in the integration of physical security and technology.We build and own our technology,which allows us to customize our Allied Universalrj Response to City of Englewood Public Works 13 ADVANCED PROPRIETARY RESOURCES &TECHNOLOGY TO OPTIM ZE PERFORMANCE U IVERS Page 210 of 290 (-"'"’ IEHL1 RSJ1| _.___..__Thereforyou FULLYCUSTOMIZA BLE-InstantPostorders -Reamme Reports ‘G95|:'3°”"3 ‘Vertical market -And uch More ~Location-IncidentReporting -Visitor/VehicleLogging .Business mm“ *Site speci?c neads platforms to meet the needs of each individual customer.While competitors may say they have similar technology,the core difference is that Allied Universal’s solution is not just about the technology itself,but rather the results we can deliver through an integrated program. HELIAUS,Allied Universal’s proprietary platform,is the smart technology of tomorrow that places insight into the hands of of?cers to better protect the City's employees,facilities,and assets. Leveraging a sophisticated arti?cial intelligence (Al)engine that uses powerful algorithms to generate risk-averse recommendations,HELIAUS offers a fundamental shift in integrated security solutions.HELIAUS is notjust a tour or incident management system,it is a comprehensive workforce management solution.With HELIAUS at the center of the City's security operations,your of?cers are always connected and engaged,situationally informed,and armed with the right recommendations to create safer,more secure environments. Allied Universal’s proprietary technology offers the following distinct advantages: o Provides a progressive and personalized approach to your security and safety program that leverages our unique blend of personnel and software capabilities 0 Provides fast and easy collection of actionable,real-time security data for improved decision- making,analysis and ongoing enhancement of your security program 0 Offers the City flexibility and customization unavailable with competing organization’s third- party products o Allows our of?cers to accomplish more and enhance compliance for the City 0 Commitment to ongoing investment in our technology solutions to help add value for the City Activity AnalysisHunCalendarHutMlp WHOI WHERE WHEN WHAT -tn HY PAR? on .“ urn II I I: 113 u I‘ .‘......_......c run avuufkc -9 -it. Allied Universa|®Response to City of Englewood Public Works 14 -Powerfulinsights -Con?gurable work?ows 8;tours |-|E|_|A|_|s®VALUE -Spot safety 8:security trends quickiy -Retum on investment 8; -Al-powereddynamictours quantitative value Page 211 of 290 ..__,.Thereforyo As the incumbent security provider,we have intimate knowledge and experience providing armed security to the City since 2000.In addition to the City of Englewood,Allied Universal has provided service to several other clients in the Denver region including Denver RTD’s Union Station and light rail system,the HCA health care system,the Denver Water department,Arapahoe County,and Douglas County. Jeremy Lee and Jeremy Graves both are involved in the management and oversite of the above referenced government contracts,and thus have the proven ability and experience to perform the management duties required to deliver on the City of Englewood contract. PAST INVOLVEMENTWITHSIMILAR PROJECTS The written proposal must include a list of speci?c client experience in the scope for security as defined and indicate proven ability in implementing similar projects for the firm and the individuals to be involved in the project. Provide a written summary of up to three (3)examples of security services that your firm has provided. 3 Address 2405 Midpoint Dr,Fort Collins,CO 80525 Contact Person's Name and Title Corporal Gerhard Brown Contact Person's Phone Number 970-498-5261 Contact Person's E-Mail Address browngg@co.|arimer.co.us Customer/Client Larimer County Three (3)references from agencies where similar work has been completed.The list shall include the agency name,address,telephone number,email address,and contact person /title. REFERENCE Contact Person's Name and Title Beth Moyski Contact Person's Phone Number 303-571-8226 Contact Person's E-MailAddress bmoyski@downtowndenver.com Customer/Client Downtown Denver Business Improvement District Allied Universa|‘”"Response to City of Englewood Public Works 15 Type of work/serviceperformed Security to county facilities,jail REFERENCE1 —...L'.;-U Page 212 of 290 ___.___u Thereforyou Contact Person's Name and Title Frank Milligan,EHSManager Contact Person's Phone Number 702-258-3100 Contact Person's E—Mai|Address frank.mi||igan@|vvwd.com Customer/Client Las Vegas Valley Water District Address 1515 Arapahoe St #100,Denver,CO 80202 Type of work/serviceperformed Secu rity services for the business improvement district,16”‘Street Mall Address 1001 5 Valley View Blvd,Las Vegas,NV 89153 Type of work/serviceperformed Critical infrastructure protection,water district Allied Universa|@ Response to City of Englewood Public Works 16 REFERENCE3 WERSEn” Page 213 of 290 U I ERS Thereforyo PROPOSED WORK PLAN Provide a detailed and comprehensive description of how the security contractor intends to develop and manage this project to provide the services requested in this Request for Proposal.This description shall include,but not be limited to: An overview of how the security requirement defined will be managed and scheduled. The number and types of equipment available for security and officers. The number of security officers and staff available for this contact. Detail how the communication,coordination,log sheets and incident reports will be provided and facilitated. The security contractofs philosophy in regards to providing the requested services included in this RFP. The contractor’s approach to the unique challenges of the security needs of this project. Address how the security contractor will address providing continuous service as described in this RFP,from the inception to completion of the contract term. Our proposed solution for the City remains focused on day-to-day operational excellence and driving long-term continuous improvement.Allied Universal’s approach to account management is unparalleled in the industry because our management structure ensures consistent delivery of service across our broad range of clients,and responsiveness to the City's immediate and long-term needs.While your primary point of contact will remain your Client Manager Stephen Hart,the local Denver branch's support staff is available to ensure your account is run as ef?ciently and effectively as possible. Our approach provides consistent methodology in the areas of selection,training,operations,quality assurance and contract management.In addition,the City will continue to bene?t from an efficient flow of information,with our local branch and regional management teams that are responsive to your dynamic environment and changing needs. Below is a list of equipment that is available for the officers on this contract.Unarmed positions will not have armed accoutrement. Police/Military-style uniform (3) Radios (3) Smartphone with HELIAUS technology (1) Sedan vehicle with lightbar (1) All season interchangeable jacket (1) Appropriate duty belt (1)and belt keepers (4) OC spray canister (1) Holster for CC spray/foam (1) Handcuff case (1) Pair handcuffs (1) Ballistic vest (1) Individual First Aid Kit for gunshot trauma (1) Spare ammunition carrying devices (magazines)(3) Glock 22 or 23 Pistol,.40 S&W Allied Universa|®Response to City of Englewood Public Works :a..'..1;g Page 214 of 290 RSA _Thereforyo In order to fully staff the needs and posts of the City of Englewood contract,Allied Universal will deploy 6 of?cers as full-time dedicated employees.In addition to the permanently staffed positions, Allied Universal intends to hire an additional ?ex staff of fully cross-trained of?cers who can ?ll in as needed for call-offs,replacement of staff as needed,and surge staf?ng requirements. Daily communication will go through the Client Manager Steven Hart.Incident reports,daily activity reports,and log sheets willbe provided through our electronic Heliaus portal.The City will have immediate and 24/7 access to electronic reporting,visibility on patrol management and instant intelligence and functionality. o Incident Reporting —The City security team can quickly and easilycreate incident reports on the go,?lling out key details by typing or simply speaking into their phone.Incident reports can be accompanied by photos,videos and additional notes,and Security Professionals can revisit the reports later to add more detail as needed. 0 Event Reporting -Like incident reporting,this feature allows Security Professionals to record maintenance issues,slip and fall hazards,suspicious individuals and more while on the go,keeping a thorough record of all happenings during their shifts. Allied Universal maintains an unwavering philosophy of providing world class security services to the clients and facilities we serve.Our guiding principles include: Mission —Allied Universal,through its unparalleled customer relationships,provides proactive security services,cutting-edge smart technology,and tailored solutions that allow clients to focus on their core business. Purpose —There for you®,serving and safeguardingcustomers,communities,and people in today's world Vision —Being the most trusted corporate services partner in a world of evolving risk Values —Trusted,reliable,fonNard-thinking,courageous,caring,nimble,and responsive Unique challenges associated with this contract include the public library,the open-air two-story public parking garage,proximity to RTD light rail station,vandalism,homeless loitering/camping,and public access to the Civic Center. Continuous service from inception to completion of the contract begins with having an initial plan and executing.Immediately upon award a detailed transition plan will begin,focusing on a complete review of our current work being performed as well as transitioning the sites we currently do not service.Recruiting of new candidates will commence through our in-house recruiting team. Screening will initially take place through electronic methods,followed up with in-person interviews. Successful candidates will undergo Allied Universa|’s extensive and comprehensive training and onboarding programs,including on-the-job training prior to assignment for post duties.Of?cers will be supervised by on-site leads,field supervision,and our field managers.The contract will be continuously managed through our Denver branch office.Client review meetings will take place initially on a daily,then weekly,then quarterly basis.All deficiencies,recommendations,and successes will be discussed and addressed as needed.Any staffing needs during the contract term will be immediately addressed and ?lled pursuant to the same processes described herein.We will serve the City proudly from commencement to completion! Atlied Universa|®Response to City of Englewood Public Works 18 .-,1?” Page 215 of 290 { Armed Security: Item No.Unit Unit Price 1 Straight Time Per Hour $40.09 2 Premium Time {as de?ned in Section 4.Item m.)Per Hour $60.14 Fee quotations are to include pricing for all equipment,personnel,and services required to provide the services as outlined in this RFP. FEE PROPOSAL gm.Titles,hourly rates,overhead factors,and any other relevant details.Include the number of hours anticipated for each Item Description. Unarmed Security: Item No.Item Description Unit Unit Price 1 Straight Time Per Hour $30.84 2 Premium Time {as de?ned in Section 4.item rn.)Per Hour $46.26 .Armed Security -Courts.The Company anticipates 40 hours per week (HPW)of security COVE rage . Unarmed Security COE &EEF.The Company anticipates 168 hours per week (HPW)of security coverage. Unarmed Security —Civic Center/Library/Appurtenances.The company anticipates 55 hours per week (HPW)of security coverage. Steve Claton,Regional President |Allied Universal®Security Services 1551 N.Tustin Avenue|Suite 650 |Santa Ana,CA 92705 W:714.619.9719 |C:714.360-5077 | Include the name,phone number,and e-mail address of persons(s)in your organization authorized to negotiate the agreement with the City. Steve.C|aton aus.com Allied Universal@ Response to City of Englewood Public Works 19 ATTACHMENT B -RFP 22-022 Pricing Worksheet Item Description RST/‘EsI. Page 216 of 290 -so nuns-N |74m$K\I« Thereforyou EngleA O God ADDENDUMNO.1 RFP-22-022 SECURITYSERVICES June 2.2022 SUBMISSIONOF RESPONSES:ONE (1)dactronlc submittal must be submitted amine via Rocky MournminE-PurchasingSywem IIRMEPS)at T '1"::._r..’/_"c.’::'.gr,-*1’;no later than June 9,2022 Q 2:00pm.It is thereaponsibiityofthaountradortoensurethattheelectronicpmpasaiissubmittedpriortotheproposaiclosingtimeNophysicalsubmissionswiilbeacuptnd. A*_*£?.!1!!.L%!£ -P4-e-ProposalMeeting AttendanceSheet Va :1 3 1)Question:Are there cameras?Are mybeing monitoredlive?’‘\—w.-., -M...M‘-,x‘_,-7:."-1-.4 1.,’.4-.n?”;{.9‘.."L 2)Question: Ream:Yea.mareare camera Thavare being zmtézed :2-acuvaty Resmmé As ciefimd &nthe RFP acmmam3/993 5nd 1d an unarmed security aemces arr;mae.sue<:2-6hours per my.7 zzayapee week Ihmugnout the nativ eearanmudun?Iwrvoeysé m ceafmi wemmzzmgaxierkr I EEF property and appurtenances and thu sumngstructursmmonwasandinanvamcieTheCantmztorshsi-‘Vprovide the unarmedaacguritvwéthawannabehran’mm :1 One (1;unifotmeasacumyof?cerwerequired-A ucmd urcifnrmed.unarmed sawnxy u?iw us tequtrad in patml anthree 43;levels o rtheChm:Center busknng {CDE3 duung regular tmsmess hours,MondayWaugh Fndavbeginningoneif}hour before me bmodmgopans unhi ma (1)how afwr busidmg closureItThisastoshowumafortheguardtowalkthroughtheentirebuildingtoawe?ain that tha namaISsecure,and doorsan:unlocked each mornmg’i At the and of the day the guard wolltrack the doors :0 meaxtariaa walivthrough thebwkféngtadeterminethatat!nemstaf‘.mdrvidualshave left We buiidmg.and determinetheam:‘tssacuru-xi. av Ciaséng times may vary depending upon Llbmry.Own and Guy CcuncnMeetmgs ma!extend min 0:am schaduled in thisevening Page ‘:4 1:Engiewaoa Municipa!€.:aL.n rs 9 fulmmeé court that operates an a dauy basis The :.ur~ ewbusinesshoursarefrom8DC/4am {.25.00 pm Manuay through Friday exdudma1-;:5e:.1,-5:25 ma * 1000EnglewuodParkway,EnglewoomColorado80110- 2373(303)762-ZSWLLL:‘‘>r -'’,'*:r»‘u‘ 1 Allied Universa|®Response to City of Englewood Public Works 20 What ageihe_=de?ned hours? “.‘r’.“‘yw,:-I-v.:..F‘f‘;"::*.w.~.,...x..-2. 1:?‘5314'}(I;.‘."i."C..‘we r:'.}r..4 ~K .1, »....,.;:./.:rcL.v..:":‘§:'v p.5:.2333i..:f.?r_; —‘x=.‘.«,»,-f.u..\:2,.'~_n‘,:.,...«.-Q,-...;Lm5.-.3 J-....V‘!.45....’4u -ft -1 V-..‘...‘..'.--an-~.';,.\2-.2,.-.‘V.....x.;C..-..J'\I4-'.'C.m.«.;."1-1.‘. .:.,T.I.!. Page 217 of 290 Question:Do tenants withinEnglewoodEnvfronmentalFoundation(EEF)have their own sacutity? 4}Cluestlun:is the parking garage avaitabie2417? 5)Question:Are the loadingdocksavailableto all? Thereforyo u. uncommonfor sour!to las:beyond the close of business due in a =argt!.y pmceedmg ThuJudgewasnarmauy?nishthe day‘:docket before adjoummg 1*:One (1)armed sazuuty offmer is requuoa for the MunknpaiCam:entry to monitor this deviceduringatoperatac»-=3}hoursaf the Court (:9-xrzagewt moiudeat!businesshows,whether courtisitsessmnornet,won as the wash muror mrbcourt sessacmdays when omy the aims-.5areopen The guard wit!remain at the past until re?eved.Requests 5::breaks newbe made to one a‘the-taunt contacts,Thaw is as sc?eduiedlunch rehef Eespmse RT!)has ',.“|(-5‘o In socmaty fan:the RT“piatfvrm ma ms.bridge Res,:ar:.2*V7-5; Response Yea‘thc;ave putt:Each u-nan:‘rs v:-:'::I?.;::‘.‘1_r;ctclt an}(.2 L ~':cL;.+ Rasgwflsa Na;mastic:requmd msporrsable r new-¢onng «‘?ts:-mwtcdsh?vaxu es esoanss Tyazivsaih naaugm uusrxeux mam wet meware:m.u.Mad!as:=1has.the am:mdnwg am: Resuonse fins 1%demsweni an the sstustion snuaxkm wt!’assaasecf by madmeatrhm ‘heuo?ce szaisursas five (5)bfmks Mam ma ?ié?l?t as um“gamma ‘Eweiivusfenza:mwn scgvais W arms nrvseem naming Response Thare have been A:few mask an and mm iv the ca: .-.11!la ::....sse 2 by an.2 4:1.-;:at"‘-‘:2.pa ice :‘a:-!&:37.is We {.’-g.-:tacksf"c:1~.umC-.~.ir,Csx.i=~;r "1e:pn.'w.e»Yes Putfc park.-ngat R 4:6%.;3-2ni':;-1.;‘ac:l:31.‘f.':’J3 ~:zreis to 21.52:.»-33.::.~.=.r‘<rrg. .n «espouse Thane 9-acebeen as‘aw t:ar‘e:.~.k-a:a;;54;!3:’r:[B6 :2;“* Respm:-'3 his desk mazhrraqzvvrezi Ratrzsp-;.a.L=i=.~‘fcxrr'>.*:!::canj:‘u's-tang ’.r!§a,-~awe. Respc'.1:;.Typfzalgg,\:£,Id:!.:‘...rx.ns:creek " The ‘: Resncmne ‘res this asonry or:mearmea secsuruygnositéon. Resparxsa Y seawnaiiy Fidsswand Men sarethn ausseataay aspmese Awarded vendor wi omvide one contact’:seguriev The vzumtse wt!‘ am E!1:an pham number for deparimenis as wall as snmvaciuavsa nbeposted‘?wvghaut the cmmmgzas wet!as crtrmmm-sates‘to “aw 6}Question:What is the Police Departmentresponse time?,".;.,'.;::t-“'.‘.1::5;c.;,;;;'-.;i_.-:3~:'.12.;:“,3:ir.t‘“—.:.‘:’.‘‘t;;-’‘:;,;'.;:.*i 7)Question:Is these cavered and outdoor parking? 8)Question:Is there an issue withcar theft? 9)Question:Do the docks require a dock master?Are they nespansibie for monitoring and inspectin g deiiveties? 11)Question;Regarding the armed security position.the RFP states the individualmust be Colorado PeaceOfficerStandardandTraining(PO31)certi?edas a peace officer.is this correct?.‘}.,:‘*,:-ti;;"'.’”~f,1:3’:-‘.:3 2.33 ."~1:',-;,g.‘::;ca.;~f'y-2;.7-.n:.i, 12)Question:is there heavy foottrafficin the definedarea? 13)Question:How do the departments contad security? 100GEngiewoodParkway.Engiewood.Coianado80110-2373(303)762-23001?‘f"__'__'‘f_.K.’1*.’),:';f 2 .».esponsu.Y-as.seas-av fl;Frirfwzand Manda-,rarethe Q.-uanaatxiays neascnse /‘—.w2..".:'e.=dvcrzdcxM3 ;::cm‘»fsa we ;:‘:::re rru‘r.‘:a'irtr dag’fir‘‘its as *.-:c7:25,:.r:-:!’«;i.$=:;.!21- :c~.v~!n';Isecuriz;'f m.m::arw hp ::sas!ed‘.‘1I‘€§a.‘,'2,'.'mi dz:has ‘:.'v-'!«e.um:1-...;s.e:?LaCi";2.2.2:1 EH n ma Allied UniversaF’Response to City of Englewood Public Works as 3} 1. Page 218 of 290 {herefaryou cL:.<:.~n_;a‘.='cnF:cost ear.m1»:2-:wzruw-3sugiges:cm‘:‘erciudeas a m aztssnmsnt ta yam gzwopcsaf T313e‘-:-:$:m:n.=!.rzgcfs)cl nan:M1 rm courr as p::1 0!thert1ax:mm nmrltzzacf pages a:'c'."»'-vi “'33éSi’}E)?§B “?le C;pdwe-vs me:-S msczicsathanimonvsa?xm as iimarmal rasaomxrr Rasua-me Na Ra-as that «ensue:sham hjtvnp «gem;«ompanv idB!':?‘r?{;mg)r'gs 3;mg; espmae Thasi mnsa?as nmavarnaowa Rea-mas:Cxcmtsaci}ms!‘seésurmr mm aeksctac!and ma 4r‘z<1~:v?m.ssl$ernaroyso D"=t§£?Xr'a(‘:€tiJ wmse my a uascnpt 3 or .2 owe sgges am‘!was 7 a?Y?(;“P :0 mus macaw me aaaimnai aaguisr ms altamhmgné w?mm at;m themac:pages lrcweu iiasmnsu Na.tn"w *!1o”r;:)un'aaga!x3seapmpnsa ‘Wm ‘terms 1 us!be mama me am 2:me!ha rrruya mama(3 mm 6 rezzzzmmeméaiim for a cam Reaormse ‘WvmTm a1nsrrnediE‘f’F”r-med mrrsal annedlhaurtn ésuonse vine rjmerfrm 2:xmnsazxn wiié rregaeiatgd 912M time o:,entractm seczmawRa??we cxmizar-* ‘§e:~.4.p:sme'The RF aéas {mp .41 page 4,marm?at was?ontravtx ~Drzcmgmcsreases?hail >32 rxaqo?atanawunreadbathpzavimbutmancaseshallaxsvaadQM?zansumarPr»-::e indent Q?“for thelaws:.umr.a an ewixxz area to:meysxrma ‘crersoxz Rasoar-sa NA fgontracf .with the mean mmmcio:seiezztea and no!xnziwndaiaisuamkryao avmmradnme wnxrayter :::.e:!2:J ;:r;:3 er!rm-.'i;J.H~'5 2.~:.z'.~tc',~.£ucrmaricrs :2.‘ L3 ’ Response:Th:RF?’sates {‘<=;=c‘page Terms of ms CIcn::a::}-Prim;anme.::*::'s 53.3?hasregc?ataj5:’5'33 EJVEBJ10 by ‘»’.‘=a:*~puff?-H 12.1:H M:525::»#t---.-'::ex:-:21 weCats:.:..5‘n::c=I:dc»(cm;‘at zin e {Tum :3;~.‘*.::r:a:.:~Lsa':;'/;::4asrr::_»;5::l‘:.-p.'{*,.‘.’I(3.'.3epr—.:-ad P.aspo.“::*z .’w:.l+?onizrzct cs w§‘..‘3 the sc»:s..:i:y carar ;!-yr $‘:fx.'.'§:x‘.3 MR1 r.c‘;7.r.d%~;.;u:a‘sc*v*-_r»-i:.;=r=*3:‘C..‘.nEl'8»2‘.;fS Resomse me mypratem no?so:dasciase masjnfcsrmnhan xx,uotammi mammue r Response The Hit wavy:‘if Hubs?emsF112;:?an:srsoteniéai nsspanrisefu 14)Question if we have additionalsuggestions outside the Scope of the RFP.is there a process that youwouldwishthatthesebesubmitted?And would such additionalsuggestions count against the 20 pageproposalmaximum? E“:-o;n;'.;::3 15)Question:Ifwe submit contract terms that we would wish to negotiate.would this count against us in thescoringofourresponse?.,-I J.‘.9 r..v A ..--...\'/*.A.!'«1::;'»5.':..3 ml.«:13 ‘..l r...i :...z..t s_:..:i.~t it .t._;'....-'.:,t 5.:or:orto r.+..::-roforward-.:;:‘r.3 »':«:.::'*:r::;.-.:‘:.‘e’.t':far a :1;tract 16)Questionwho currently supplies coverageto your locations ‘..;.;;:m:3 'i‘..t.uCity :;‘..=:Lr;‘;{u:7‘r':;::;iEEFjr?."'_:r:25:2.“.._. 17)Question will there be at least 30 days for a transitionplan,it a nawty setected vendor is chosen?...v-...V r»M-4.;r-_....-7..r .-._,<.-.,«_ -L K».1,-.Th:i«”...'I4‘:-.‘T..'!...r rr.Z.’,?lfE*.4:.:r‘-p*:.r «‘ff?ri._jrtf-:;:t 1.’;‘’..‘..‘‘ft..4 .-r w‘:.:i.uAv?t::-:;~.:t3 it <3conirrsct 18)Question:What is the expected yearly increase should multiple years he agreed upon? 19)Question:is it your preference to keep existing guard personnel that are retained ‘whole"in regard to payandbene?ts? 20)Question:Willincumbent/currentemployees‘wages and bene?ts,including healtttcaraand vacationtime,be grandfathered? ’?«Zl\C'.m‘;:.::.::3 21)Question:Qouldyou provide the current wages for the of?sorsfor a?of your locations?a..-"».'r..r -,1‘..-tr-3 .‘lv~‘U3fix:h-.r:;i‘-«:.:not in ‘L 4:!-..o ~.l2...;..”:.'$1‘,..‘.~‘:'tto ;~'.?-.*.r*.rnt-r..-:*':r._.ts 22)glues'n Do youhave any speci?c preference on rnalteand model ot_thevehictefor patrol?~..,a..»~_....--,W.”_w.2;.r-«.1 ,.w..~......».-u x‘r‘to ,:'x».3 »-t -.lI -...’::V VI ,».1»9:.-..,»r"’o-.._.38,....,«TL .\114,,- 23}Question.Couldyou provide an average numberof miles that the patrol vehicle has been in use?.171:Tm ?rfn*r*:‘.;c.1'3 :::r‘93:“!-~T55;» 24}Question;Whatis the current billrate per position (unarmed ?oater,unarmed 24!?shifts)"‘-.'V.-.‘v»»«F ...'””...r—1.2.._-.ad.»5:.C..*_.-,x...,r....3.1...,«..,,».3 Chat:-.....:,::tr2;f.._.:~f-_r-°f*:.._.;..:» 25)Question What is the current pay rate per positron (unarmed ?oater.unarmed 24!?shifts);'?L.:;.'.:::'%'T“;1 C114r’~:.";:a :;;;t to 61:3???;-1.:-ta:tr.-I::=rr'.ii:nto g::~.?51?.-:3‘r;.3::7. 1000EngtewoodParkway.EnglawoodrCotorado80110-2373 (303)752°2309 '4;-...;...I 3 Allied UniversaI®Response to City of Englewood Public Works 22 L-fr’ .%s? ?nal t&*r::srust be r.-r2'.:~.::::s:1:‘.‘;c my :1 ¢a'm».'d.'Cr«u::s) Page 219 of 290 Q419/‘Ii wereforyo ‘cans.use he ween :3 §cm.‘L thwmarar iv“a we R slixinsar ‘ha xutemnznm (is iiaiahlabk-1 asizmsx..1'3!!t1!D!I€',mmmmin as as idem ~r M:smssdweq times ~.mm ssumse weFm:§7:"e'h='-P8 as W .'ns:cmse vhrsmrorwam-r mes uanresncnaacs RWPOUS0The cwrentcarxsxazé does 21::hi!:*+p;r:£c:y .9: P.c:pc:1:.r:Tjnfs ira‘::;mta'.*-2nismt!2*.-'3.‘;‘::;T: 731’-5F?3=S3"P19L~3!.';':’:£zhaurf.4:?‘b-‘:as r«'2'tWi?iLt E‘:"“1a:*:$::s*.‘~:'.i!.a:'.'..:mi:Adzieumdunz. R9$P¢“*-‘=*1‘TN 571:‘}'*%=Y$f$NC!to d;s:!::s3»this :e:f=;r:n:a::o.v1:3 wafer.:52}xs>.s3;~c:r~~"s Response 2?)Ouastion:What is the current billrate for the vehicae? 28)Queslnon:Howmany miles does the vehicledrive per week,month? 29)Question What is the number of biiiablehours? eszsimsa mms are . as mumat «vtmvgm we am/m m (rm R 0*my what?»"IV 3616 {mg 3'‘rs Adda-1.m‘>my “?vsmams N. ?asponzc The hen-.=:.s:,n:.1a.ifc|:r».f?e:’.i':":2 RF?and 9;:Cu:;,:j:.a;2 of in:4.:."".'.‘?!'3dL'."!"#3!hours wkL--V~‘~?E‘:d.22:‘..'.:‘;.2s21':-:2.r -;:j:v:._'::*.-;at in:f::“.;:'1at the say 1000EnglewoodParkway.Engiawood.Colotado80110237 3(303)762-2300x_'1''"'<’1‘.7;kn:-4,..._'_..._;».'..4-: 4 30)Question;Whatis the current contractvalue? 33)Question;on tho websiteit states that the building is open from 8 AMto 5 PM,duringthe waiktttroughItwasmentionedtohavetheUnarmedFloatarcomein30minsearlierandstay30minslatertoconducta ACKNOWLEDGEMENTTOADDENDUM#1 Signature betowindicatesthat applicant has read anthe informationprovided aboveand agrees to comply in fullThisacidendumisoonslasasectionoftheRequesttorProposalRFP~22-O22and therefore.this signeddiooumentacome;nsiderationand fullysubmitted with the ori?ainai>.‘g,0 Signature DateCit(1156 M ?ning;«A It-”\;I~n \‘+’\§;* «'( Printuame TitleALL:1»:amt. Companyh?ame Allied Universa|®Response to City of Englewood Public Works 23 Res-::.-assSee above i«3:;’f:v!"*5€:a w cstm 1F 5 t mumse Emasome 1 uuasmcw ‘£ ..-.,.-v *-‘£33rr.::rf"1'"5 _ x ‘w ._253 ;Lf:~:u,,:¢;ud;}13 Fe.-«.11. Thg city pzefbrs mt ta d ac.“ wé the RFP and am 9::MSG use 3:snmrmaxmrnmn ‘aspo?cie H5” Page 220 of 290 .._.__Thereiorya Attachment D —RFP 22-022 Affidavit of Authenticity By signing below,I agree to the terms and conditions of this RFP,except where expressly described.All information pertaining to and provided in the attached proposal is to the best of my knowledge,true and correct and if called upon to testify,I could testify competently thereto. Falsification is cause to deem my proposal nonresponsive and therefore ineligible for consideration.In addition,falsification of information is cause to cancel a contract awarded based on one or both of the above preferences. I acknowledge receipt of the Addenda to this RFP by identifying the following Addenda numbers and dates of receipt [if any):1 —June 2,2022. 303-901-9037 Phone Number (pk . Signature Chris Harms Allied Universal Security Services Type or printed name Company Name Business Development Manager 12100 E.iliffAve,Suite 350 Company MailingAddress Aurora,co soo14| City,State,Zip www.aus.com Allied Universa|®Response to City of Englewood Public Works 24 Emailaddress Ch n's.harms aus.com Website Title Page 221 of 290 m".+.- HEDUNIVERSAL” Page 222 of 290 Contract Approval Summary March 2022 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: Melinda Goblirsch Phone: 303.762.2511 Title: Senior Capital Project Specialist Email: mgoblirsch@englewoodco.gov Vendor Contact Information Vendor Name: Allied Universal Vendor Contact: Christofer Harms Vendor Address: 12100 E. Iliff Ave., Suite 350 Vendor Phone: 303.901.9037 City: Aurora Vendor Email: chris.harms@aus.com State: CO Zip Code: 80014 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: TBD End Date: TBD Total Term: 1 year Total Amount of Contract for term (or estimated amount if based on item pricing):$ 500,000 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Invoiced monthly based on work completed. Attachments: ☐Copy of original Contract if this is an Amendment ☒Copies of related Contracts/Conveyances/Documents A not-to-exceed contract to supply all labor, materials, equipment and incidentals to provide unarmed security guard services for the Civic Center and Englewood Environmental Foundation (EEF) property; and armed security services for Courts. Page 223 of 290 Contract Approval Summary March 2022 Page | 2 Schedule A; EEF Map (limits of work) Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☐ RFP Evaluation Summary Attached ☒ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value*: *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood Page 224 of 290 Contract Approval Summary March 2022 Page | 3 Page 225 of 290 City of Englewood Public \\"orks 1000 Englewood Pai'k\\‘a}' Englewood,CO 80110 303-762-2340 $Entjlewood MEMORANDUM TO:EEF Board Approval: FROM:Melinda Goblirsch,Senior Capital Project Specialist DATE:July 21,2022 SUBJECT:EEF (Englewood Environmental Foundation)and COE (City of Englewood) Security Services Capital Project Management seeks approval for Allied Universal Security Services to provide City of Englewood Security Services for the EEF (Englewood Environmental Foundation)properties and for the Civic Center building. In the beginning of 2022,it was determined that EEF/COE would need to terminate a contract with a security vendor not providing the security services agreed to. At the time,the City had a number of separate contracts,with separate security providers,funded by separate departments with differing budgets and security needs. The City was also implementing recommendations from a Security Assessment for city properties.The report recommended combining the different security contracts under one ”universal”agreement for services for more efficient,effective and uniform delivery and costs of security. A Request for Proposal (RFP)was issued May 12,2022 and five (5)proposals were received. Staff members reviewed the pricing and qualifications of each and scored the proposals on a number of criteria.Scores were available from 1-5 (1 being the best). Allied Universal Security Services was selected,with the lowest (therefore best)overall score. Company Name FinalScore Allied Universal Security Services 1.38 Securitas Security Services 1.81 Silverseal 2.31 Denver Metro Protective Services 2.44 Denver Metro Security 2.99 The staff recommends Allied Universal Security Services because: 0 Allied Universal have the professional qualifications; 0 a history of providing security for government entities; 0 a proposed work plan that responds to the services requested in the RFP; 0 are familiar with the Civic Center,city procurement polices and billing procedures; 0 they provide armed security for Municipal Court currently. 0 Allied Universal was the lowest price provider among the five (5)proposals received. Page 226 of 290 The City would enter into a one—year contract with Allied Universal that would extend from August 1, 2022 through July 31,2023. This contract will be underwritten proportionately per the budgets,funding sources,amount and types of services needed and will be divided between the remaining months of this year and extending into 2023. Procurement Type:>$100,000 —Contract for Services Scope of Services /Sealed Bid /Publication /Contract Contract Amount:Not—to-Exceedamount of$500,000 Funding:8/1/2022 85—8501—54201Professional Services $128,290.00 1) 85-8501-54401 R&M General S 9,777.00 02—0401—54211Municipal Court S 28,600.00 2) 2022/2023 02-1005-54201 Budget Supplemental S 130,000.00 3) to 7/31/2023 85-8501-54201 Professional Services S 151,753.00 02—0401—54211MunicipalCourt S 51,580.00 4) S 500,000.00 5) The above cost breakdown assumes a pro—ratedshare between 2022 (8/1 —12/31)and 2023 (1/1 —7/31). Funding Notes:1)PO 2021—00000594 Closed—out(Contract Terminated); Remaining funds transferred to this contract. 2)Estimate of 2022 Court Security budget amount remaining; Funds transferred to this contract. 3)Budget Supplemental amount requested /approved by Council May 2022. 4)Estimate of 2023 Court Security budget amount for this contract. 5)Security contract for a not—to—exceedamount of $500,000. Action Requested:EEF Board Approval to proceed with procurement of this Universal Security Contract for EEFproperties and the Civic Center building. Attachments:Schedule A —Outline of Statement of Work EEF Map —Extents of EEFProperty Boundaries Proposal with Pricing —Allied Universal Page 227 of 290 Approval of a Contract for Security Services for the Englewood Environmental Foundation and Civic Center Properties Melinda Goblirsch –Senior Capital Project Specialist Page 228 of 290 •The Englewood Environmental Foundation (EEF) / City of Englewood (COE) needed to terminate a contract with a security vendor for breach of contract. •The City had a number of separate contracts with different security providers. •A Security Assessment recommended combining the separate contracts under one “universal” agreement for efficient, effective and uniform security services. •A Request for Proposal (RFP) was issued on May 12, 2022 Purpose of the Contract Page 229 of 290 •This RFP was to solicit proposals for both armed and unarmed security, 24/7 for the surrounding EEF properties, with additional security in the Civic Center and Municipal Court during hours of operation. •Five (5) proposals were received. Staff reviewed the pricing and qualifications of each based on a number of criteria. •Allied Universal Security was selected with the best overall score. Purpose of the Request for Proposal Page 230 of 290 •The staff recommends Allied Universal Security because: Allied Universal have the professional qualifications; A history of providing security for government entities; Proposed work plan that responds to the services requested in the RFP; Familiar with the Civic Center, city procurement policies and billing procedures; Currently provide armed security for Municipal Court •Allied Universal was the lowest price among the five (5) proposals received. Analysis Page 231 of 290 Financial Implications Funding Source Amount G/L Account # Capital Projects Fund (Fund 31) $721,646.70 31-1005-001 Total $721,646.70 Funding to provided by: Fund No.Fund Title Amount 2022 August -December 85-8501-54201 Professional Services $ 128,290.00 85-8501-54401 R&M General $ 9,777.00 02-0401-54211 Municipal Court $ 28,600.00 2023 January -July 02-1005-54201 Budget Supplemental $ 130,000.00 85-8501-54201 Professional Services $ 151,753.00 02-0401-54211 Municipal Court $ 51,580.00 Total $ 500,000.00 Page 232 of 290 •An RFP was published to solicit proposals for EEF and COE Security Services •Staff requests that City Council approve, by motion, a “Contract for Services” to Allied Universal Security Services for a not-to-exceed amount of $ 500,000.00 Summary Page 233 of 290 Questions?Page 234 of 290 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: August 1, 2022 SUBJECT: Quarter Two Updates and Modifications to the City of Englewood Strategic Plan DESCRIPTION: Approval of 2022, Quarter Two Updates and Modifications to the City of Englewood Strategic Plan. RECOMMENDATION: Staff requests that Council consider accepting the 2022 Quarter 2 performance report of the City of Englewood Strategic Plan, along with modifications proposed by staff and any additional modifications Council may wish to make. PREVIOUS COUNCIL ACTION: • January 27, 2020- City Council Vision Session Retreat • February 10, 2020- Study Session to confirm City Council vision goals • February 24, 2020- Study Session to review and discuss action plans for each goal • April and May, 2020- Council and community surveys to set priorities • June 10, 2020- Council confirmed priorities • July 20, 2020- Council adopted the City of Englewood 2020-2022 Strategic Plan • November 23, 2020- First quarterly update (Q3 2020) on the Strategic Plan brought to Council • November, 2020- Staff completed the Blueprint for Organizational Success as the Governance section of the strategic plan • January 22, 2021- Council Retreat to discuss Strategic Plan • January 27, 2021- Quarter 4, 2020 strategic plan update brought to Council • March 11, 2021- Modifications made to strategic plan based on discussions at the Council Retreat • April 5, 2021- Staff adopts Sustainability Plan as the sustainability section of the Strategic Plan • April 14, 2021- Quarter 1, 2021 Strategic Plan update brought to Council • July 28, 2021- Quarter 2, 2021 Strategic Plan update brought to Council • October 20, 2021- Quarter 3, 2021 Strategic Plan brought to Council • December 6, 2021- Study Session on modifications to the Strategic Plan • December 13, 2021- Council approval, by motion, of a public engagement plan • January 29, 2022- Annual Council retreat to set priorities as part of the updates to the Strategic Plan • February 14, 2022- Study Session to review updated Strategic Plan • March 31, 2022- Approval of 2022-2025 City of Englewood Strategic Plan Page 235 of 290 SUMMARY: Each quarter, staff provides Council with an update on the status update of projects included in the City of Englewood Strategic Plan. The report for Quarter Two of 2022 includes the status of each project included in the strategic plan, as well as suggested modifications to the plan recommended by staff. Council will receive the update for Quarter Three of 2022 in Octobe r, 2022. The attached report includes updates on all key projects included in the plan, but does not include updates on performance metrics nor on projects in development. Staff is currently working on developing a dashboard for strategic plan performanc e metrics, with a goal of publishing it towards the end of this summer. Council will receive an update on projects in development in January, 2023 for 2022. ANALYSIS: Completed Projects 21 of the projects slated for 2022 were completed by the end of June, 2022: Outcome Goal Project Community Wellbeing Parks and Recreation Facilities Implement changes to the off -leash program per 2021 Community Wellbeing Parks and Recreation Facilities Complete installation of new carpet and flooring in public library Community Wellbeing Physical and Mental Health Apply for Make a Splash grant program Community Wellbeing Lifelong Learning Launch the Englewood History Nook Community Wellbeing Community - Wide Identity Publish the City -wide events calendar on the City's website Community Wellbeing Affordability Implement recreation discount program for veterans Page 236 of 290 Governance Employee Recognition Establish an annual holiday lunch Infrastructure and Transportation Transportation Infrastructure Construct prioritized missing sidewalk segments, as funding allows Infrastructure and Transportation Sustainable Infrastructure Funding Complete bonding and grant applications to support water, sewer, and stormwater initiatives Infrastructure and Transportation Sustainable Infrastructure Funding Close on Water and Infrastructure Finance and Innovation Act (WIFIA) loan Neighborhoods Neighbor to Neighbor Connections Finalize and publicize neighborhood map Neighborhoods Neighbor to Neighbor Connections Create neighborhood grant program Safety Innovate in Policing Hiring of community relations/ crime prevention coordinator Safety Innovate in Policing Create protocols to work with the dispatch center to divert mental health calls to crisis team Safety Responding to Emergencies Develop and implement emergency management training program Page 237 of 290 Sustainability Built Environment and Infrastructure Develop a comprehensive asset management plan Sustainability Community Resilience Create neighborhood grant program to promote beautification, service projects, neighborhood identification, events, etc. Sustainability Energy Continue to develop and improve the E3 program Sustainability Clean and Connected Transportation Continue program, begun in 2010, to provide electronic golf carts to golfers at Broken Tee Sustainability Clean and Connected Transportation Conduct employee commuter survey around how city employees travel to and from work Sustainability Water Protection Hold annual river and stream cleanup event Proposed Modifications and Removals Staff recommends that Council consider making the following modifications and removals to the existing strategic plan: Outcome Goal Project Removal or Modification Reason Economy Commercial Corridor Vibrancy Coordinate Small Business Modification- Modify to "coordinate Staff proposes this modification to more broadly Page 238 of 290 Saturday with other entities small business initiatives with the Greater Englewood Chamber of commerce, per agreement" encompass projects and activities included in the agreement between the City and the Greater Englewood Chamber of Commerce Neighborhoods Neighbor to Neighbor Connections Create a strategic plan for neighborhood resources Modification- Change to "create a strategic communications plan for neighborhood resources" Staff proposes this modification to focus the plan on communicating the neighborhood resources program Sustainability Natural Resources Reduce the use of pesticides in parks and open space Modification- Change from "reduce" to "limit" Staff recommends shifting the language from "reduce" to "limit", as several steps have already been taken Sustainability Waste and Recycling If Council chooses a single hauler, implement system Remove- single hauler program not implemented Staff recommends removing this project as Council decided to not move forward with a single hauler program Sustainability Water Protection Conduct chemical oxygen demand testing and properly dispose of COD test tubes Remove Staff recommends removing this project as it does not match with existing programming goals and initiatives COUNCIL ACTION REQUESTED: Page 239 of 290 Staff requests that Council review the updated strategic plan and consider approval, by motion, to accept the report and make modifications. FINANCIAL IMPLICATIONS: Items included in the strategic plan are funded by the general fund and enterprise funds. Priorities in the strategic plan set by Council will inform enhancement proposes that staff will recommend to Council as part of the 2023 proposed budget. CONNECTION TO STRATEGIC PLAN: This report includes a status update on key projects included in the City of Englewood Strategic Plan. OUTREACH/COMMUNICATIONS: In December, 2021 and January, 2022, staff utilized the Englewood Engaged platform to conduct outreach on proposed strategic plan outcome areas and goals, as well as the prioritization of outcomes and goals in the strategic plan. Close to 100 community members provided feedback through this process, which was then provided to Council as part of their retreat on January 28, 2022. Each quarter, a report is published on the City's website to provide the public with a detailed progress report on each key project included in the strategic plan. ATTACHMENTS: 2022 Strategic Plan- Quarter 2- FINAL Page 240 of 290 City of Englewood Strategic Plan 2022 Quarter 2 (April-June) Project Update Page 241 of 290 Page 242 of 290 2022 Quarter 2 Status Update Page 243 of 290 Key Page 244 of 290 Community Wellbeing Page 245 of 290 Community Wellbeing Completed Projects: •Implement changes to off-leash program •Complete installation of new carpet and flooring in public library •Apply for Make a Splash grant program •Launch the Englewood History Nook •Publish City-wide events calendar on the City’s website •Implement recreation discount program for veterans 30 Projects:Page 246 of 290 Community Wellbeing Goal Project Status Notes Parks and Recreation Facilities Develop a maintenance program for Broken Tee to protect and sustain course conditions Ordered bees for beehives; Placed bird houses throughout the course Parks and Recreation Facilities Complete renovations at Jason, Baker, Cushing and Centennial Parks Renovations started at Jason, Centennial, and Cushing Parks Parks and Recreation Facilities Implement changes to the off-leash program per 2021 Ordinance/ Council Bill 49 Fencing installed at Duncan and Jason Parks Parks and Recreation Facilities Prepare for a parks/ facilities bond in 2023 Assessing and estimating costs for improvements Page 247 of 290 Community Wellbeing Goal Project Status Notes Parks and Recreation Facilities Renovation of the Englewood Recreation Center Procurement being developed for mechanical room upgrades. Overall plans being finalized Parks and Recreation Facilities Complete installation of new carpet and flooring in public library Physical and Mental Health Apply for the Make a Splash grant program Received grant in the amount of $5,000 Physical and Mental Health Design and implement customer experience/ survey results Draft of surveys completed Page 248 of 290 Community Wellbeing Goal Project Status Notes Physical and Mental Health Align with the National Recreation and Parks Association initiatives including equity in parks Programs identified Physical and Mental Health Implement free social pass for Malley Center Recreation (patrons over 55) 5,000 postcards sent out to residents/ nonresidents Physical and Mental Health Offer junior passes and programs for youth and teens at Broken Tee Will continue until December, 2022. Added one more summer option in July through 1st Tee for a total of seven different programs Page 249 of 290 Community Wellbeing Goal Project Status Notes Physical and Mental Health Develop a plan for additional programming for tweens and teens Increase in teen and tween attendance Lifelong Learning Launch the Englewood History Nook Lifelong Learning Conduct library outreach to public schools, preschools, and senior centers On hold for the summer. 17 children’s outreach visits held Lifelong Learning Expand the offerings of non-traditional item types in the library’s circulating collection Page 250 of 290 Community Wellbeing Goal Project Status Notes Lifelong Learning Implement new child care programs at the Englewood Recreation Center Childcare Director hired. Vacant positions will limit the number of children served. Homelessness Services and Mitigation Implementation of Tri-Cities Homelessness Plan of Action Tri-Cities Homelessness Coordinator hired. Planning for navigation center in progress Homelessness Services and Mitigation Homelessness Connect Event Next event scheduled for September Homelessness Services and Mitigation Develop and execute a plan to bring the Ready to Work program to the Tri-Cities Location under contract. More than 50% of start up funding secured. Goal to open in spring of 2023 Placemaking Implement the recommendations of the Wayfinding and Placemaking Master Plan Prototype for secondary gateways Page 251 of 290 Community Wellbeing Goal Project Status Notes Placemaking Build and install gateway elements Prototype coming for secondary gateways Arts and Culture Design and install public art Arts and Culture Identify funds for ongoing maintenance of public art Requested $250L as part of the 2023-2028 CIP Arts and Culture Promote art and history through online and printed walking, biking, and driving tours Community-Wide Identity Publish City-wide events calendar on the City’s website Page 252 of 290 Community Wellbeing Goal Project Status Notes Community-Wide Identity Develop a plan and approach to brand Englewood as a community Developing community branding approach in Quarter 3 Affordability Complete the housing needs assessment Root Policy Research contracted as lead consultant Affordability Implement recreation discount program for veterans Program implemented, including brochure development Affordability Assess the affordability of City fees and program costs As part of the 2023 budget process Food System Encourage a grocery store or food co-op in the South Broadway area to ensure Englewood is a 15 minute city Conducted an analysis of the breakpoint between two existing grocery stores Page 253 of 290 Governance Page 254 of 290 23 Total Projects: Governance One Completed Project: •Establish a holiday lunch Page 255 of 290 Governance Goal Project Status Notes Policies and Procedures Create and deploy a quality records management system New Records Management Coordinator hired. Training and system implementation ongoing Policies and Procedures Develop an approach to engaging frontline staff in process improvement 41 employees trained in process improvement strategies Policies and Procedures Develop a process to identify policies that are not accurately defined and educate staff Development of “Policy on Policies” process. Planning trainings and updates on several new policies Employee Engagement Establish an orientation which includes tours for new and existing employees Orientation program revised. Exploring adding a tour and other elements Page 256 of 290 Governance Goal Project Status Notes Employee Engagement Automate workflow for open requisitions and refine job descriptions Job description refinement as part of classification and compensation plan Employee Engagement Develop a formal classification and compensation plan Contract with a vendor to complete a classification and compensation study approved this spring by Council. Initiative launched in July Employee Engagement Establish opportunities for staff to volunteer with other departments EngleCares volunteer program in development Employee Engagement Review and revise employee performance forms and systems System put in place. New materials and trainings in progress Page 257 of 290 Governance Goal Project Status Notes Internal Communications Create a short informational video about each department All but four videos completed Staff Training and Development Implement social contracts in each working group Implementation as part of Choose People culture work Tools and Technology Develop a technology strategic plan Safe and Inviting Workspaces Develop a strategy to evaluate co-working places Qualitative data collection as part of planning for possible move of the Civic Center Safe and Inviting Workspaces Improve at least one break area in City facilities Part of planning for potential move of the Civic Center Page 258 of 290 Governance Goal Project Status Notes Community Engagement Create a strategic plan for social media Launching in Quarter 3 Diversity and Inclusion Complete the draft development of a Diversity, Equity, and Inclusion Plan Report out on survey findings in June. Will begin writing the plan in July, 2022 Employee Recognition Establish a peer to peer recognition program Implementing “caught you” cards for employees to recognize their colleagues Employee Recognition Establish employee groups and clubs Intranet page developed with descriptions of existing internal committees. 2023 budget enhancement request to create employee club program Page 259 of 290 Governance Goal Project Status Notes Employee Recognition Establish a holiday lunch Part of annual employee recognition event Employee Recognition Establish themed recognition events Employee Recognition Establish annual spirit week Employee Recognition Establish innovation grant program Goal of implementing at the end of 2022 Employee Recognition Establish monetary reward/ spot bonus program Discretionary bonus program established in 2021 Recruitment Develop a recruitment plan and strategy Began developing recruitment brochures. Plans to participate in hiring fairs and events Page 260 of 290 Infrastructure and Transportation Page 261 of 290 26 Total Projects: Infrastructure and Transportation Completed Projects: •Construct prioritized missing sidewalk segments, as funding allows •Complete bonding and grant applications to support water, sewer, and stormwater initiatives •Close on Water and Infrastructure Finance and Innovation Act (WIFIA) loan Page 262 of 290 Infrastructure and Transportation Goal Project Status Notes Reduce the Risk of Flooding Complete a city-wide small storm sewer system cleaning Bids went out in June Reduce the Risk of Flooding Clean and televise a portion of the large storm water system Part of city-wide storm water sewer system cleaning Reduce the Risk of Flooding Complete construction of Acoma Area Phase 2 storm sewer improvements Currently under construction Reduce the Risk of Flooding Begin construction of the South Englewood Storm Sewer Outfall project Land acquisition approved in April. Closing on one property occurred. Sewer Infrastructure Implement the South Platte Renew (SPR) strategic plan Joint Council meeting scheduled for late July, 2022 Page 263 of 290 Infrastructure and Transportation Goal Project Status Notes Transportation Infrastructure Construct the Dartmouth Bridge Widening Project Final review meeting held with CDOT. Signed funding agreement letter with XCel Transportation Infrastructure Begin construction on US 285/ Broadway interchange Working on final plans and preparation to advertise for bids, which will open in August Transportation Infrastructure Construction of the Oxford Pedestrian Bridge Five bids received in April Transportation Infrastructure US 285 Congestion Mitigation Study Project underway, and will advertise at events and hold a survey in July Page 264 of 290 Infrastructure and Transportation Goal Project Status Notes Transportation Infrastructure Upgrade a minimum of 40 pedestrian ramps per year to work towards ADA guidelines Staff is developing sidewalk and pedestrian ramp plans. Award of bid in June Transportation Infrastructure Construct prioritized missing sidewalk segments, as funding allows Zuni sidewalk segment constructed Transportation Infrastructure Conduct annual pavement maintenance Staff is developing plans for construction later in 2022 Sustainable Infrastructure Funding Finalize development of comprehensive Capital Improvement Plan Complete by 2023 Page 265 of 290 Infrastructure and Transportation Goal Project Status Notes Sustainable Infrastructure Funding Dissolve the Englewood Environmental Foundation (EEF) and pay off debt Paid of COP on June 1 Sustainable Infrastructure Funding Complete bonding and grant applications to support water, sewer, and stormwater initiatives Sustainable Infrastructure Funding Close on Water and Infrastructure Finance and Innovation Act (WIFIA) loan Page 266 of 290 Infrastructure and Transportation Goal Project Status Notes Effectively Manage Assets Complete asset inventory of three assets Data is currently being reviewed Multi-Modal Transportation Require green buffers between the street and the sidewalk for safety Will come through Code Next Multi-Modal Transportation Finalize and implement scooter pilot program On hold due to staffing Multi-Modal Transportation Implement components of Walk and Wheel Plan On hold due to staffing Multi-Modal Transportation Provide wayfinding and placemaking elements such as creative crosswalks in commercial areas Page 267 of 290 Infrastructure and Transportation Goal Project Status Notes Transportation Safety Review dangerous intersections as part of the Englewood Transportation Advisory Committee (ETAC) On hold due to staffing Transportation Safety Complete Walkability Maps for three schools On hold due to staffing Transportation Safety Identify and implement initial/ quick strike initiatives to improve safety/ awareness On hold due to staffing Transportation Safety Work towards completion of the Neighborhood Traffic Calming program On hold due to staffing Water Infrastructure and Rights Develop and implement a plan to replace lead piping Working with a consultant on a comprehensive inventory and next steps Page 268 of 290 Economy Page 269 of 290 Economy Eight Total Projects::Page 270 of 290 Economy Goal Project Status Notes Commercial Coordinator Vibrancy Continue to support the implementation and development of the Downtown Development Authority (DDA) Tax Increment Funding (TIF) agreement approved by Englewood Public Schools Commercial Corridor Vibrancy Coordinate Small Business Saturday with other entities Consider modifying to “coordinate small business initiatives with the Greater Englewood Chamber of Commerce, per agreement” Business Climate Review and move towards adoption of the 2022 Unified Development Code (Title 16) Community workshop conducted in April and survey in May Business Climate Complete Economic Development Strategic Plan Council study session in May and first focus group completed Page 271 of 290 Economy Goal Project Status Notes CityCenter Redevelopment Master Development Agreement for redevelopment of CityCenter Late 2022 or early 2023 for MDA CityCenter Redevelopment Facilitate the sale/transfer of LNR controlled properties by the end of the third quarter Depends on execution of Framework Agreement with LNR and Council approval CityCenter Redevelopment If a hotel is not feasible at CityCenter, explore alternate locations in the central portion of the City 105 plus room hotel in SKB plan Job Training and Workforce Development Continue and monitor existing job training programs AD Works grant program may be a source for Englewood Page 272 of 290 Neighborhoods Page 273 of 290 Completed Projects: •Finalize and publicize new neighborhood map •Create neighborhood grant program Neighborhoods Seven Total Projects::Page 274 of 290 Neighborhoods Goal Project Status Notes Neighbor to Neighbor Connections Finalize and publicize new neighborhood map Approved by Council Neighbor to Neighbor Connections Implement neighborhood signage program Map adopted on 6/20. First sign will be in Forest Hills neighborhood Neighbor to Neighbor Connections Create a strategic plan for neighborhood resources Completion by fall. Modify to “create a strategic communications plan for neighborhood resources Neighbor to Neighbor Connections Create neighborhood grant program Ongoing get to know your neighbor grants and cyclical neighborhood improvement grants Page 275 of 290 Neighborhoods Goal Project Status Notes Community Engagement Establish a formal volunteer management program Initial proposal created. Currently developing a draft implementation plan Communication Create a strategic plan for social media Communication Publish four issues of the Citizen Magazine In progress to complete by the end of the year Page 276 of 290 Safety Page 277 of 290 Seven Projects: Safety Completed Projects: •Hiring of community relations/crime prevention coordinator •Create protocols to work with the dispatch center to divert mental health calls to crisis team •Develop and implement emergency management training program Page 278 of 290 Safety Goal Project Status Notes Innovate in Policing Hiring of community relations/ crime prevention coordinator Completed. Events held this summer Innovate in Policing Provide robust training and development for officers to be exposed to innovations in policing Ongoing and program based such as 911 Call Diversion and Mobile Response Unit Innovate in Policing Create protocols to work with the dispatch center to divert mental health calls to crisis team Implemented. Three calls have been diverted with positive results as of mid- June Building and Place Safety Implement the recommendations of the Crime Prevention through Environmental Design (CPTED) audit with available funding and staffing resources Audit completed. Implementation and tracking in progress Page 279 of 290 Safety Goal Project Status Notes Public Safety Services Apply for and receive re-accreditation through the Colorado Association of chief of Police Assigned to command state with completion estimated in Quarter 3 Policing Policies and Legitimacy Collect data on and make recommendations related to policing and legitimizing the role of policing Responding to Emergencies Develop and implement emergency management training program Implemented through contract with Arapahoe County Page 280 of 290 Sustainability Page 281 of 290 Total Projects: Sustainability Completed Projects: •Develop a comprehensive asset management program •Create neighborhood grant program •Continue to develop and improve the E3 program •Continue program, begun in 2010, to provide electronic golf carts to golfers at Broken Tee •Conduct employee commuter survey around how city employees travel to and from work •Hold annual river and stream cleanup eventPage 282 of 290 Sustainability Goal Project Status Notes Air Quality Monitor air quality through regional partners and use of technology Participating in regional Love My Air program Air Quality Measure, track, and publicize the city’s greenhouse gas emissions inventory Air Quality Place air quality health information on the Englewood.gov website in both English and Spanish In development Air Quality Increase education and outreach around how to stay safe during bad air quality days Not yet started Built Environment and Infrastructure Develop and implement comprehensive Capital Improvement Plan (CIP) Five year CIP policy in development Built Environment and Infrastructure Develop a comprehensive asset management program Page 283 of 290 Sustainability Goal Project Status Notes Built Environment Investigate EV-ready, PV-ready, and electric- ready wiring amendments as part of Energy Conservation Code Built Environment Measure, track, and reduce carbon emissions from city-owned, residential and commercial Built Environment Revise demolition permits, including required containment plans for lead and asbestos Revision process in progress Built Environment Assist homeowners with the removal of lead pipes and lead paint Investigating grants and funding to provide a program to homeowners Community Resilience Create neighborhood grant programs to promote beautification, service projects, neighborhood identification, events, etc. Program established Page 284 of 290 Sustainability Goal Project Status Notes Community Resilience Increase climate change mitigation and adaptation strategies and projects, especially in areas with the highest climate change vulnerability risk Community Resilience Investigate creating a Climate Change Vulnerability Index Investigation in progress Community Resilience Help with education and financing for turf replacement with low-water landscaping, in alignment with the introduced bill HB22-1151 around a turf replacement program Currently studying what would be needed to apply for the grant program which launches in 2024 Energy Work with the Colorado Energy Office to conduct an Energy Performance Audit on major city facilities MOU signed with Colorado Energy Office Energy Continue to provide grants to low and moderate income households Energy Supplement micro turbine project Page 285 of 290 Sustainability Goal Project Status Notes Energy Create energy efficiency outreach and education plan/ strategy around reaching low income areas Energy Pursue SolSmart designation Application submitted Energy Continue to develop and improve the E3 program Natural Resources Reduce the use of pesticides in parks and open spaces Modify-change from “reduce” to “limit” Natural Resources Utilize organic fertilizers on athletic fields, increase the use of organic fertilizer by 20% over the next five years Organic fertilizers currently being used Natural Resources Conversion of nearly six acres at Broken Tee Golf Course from maintained turf to native grass areas as well as in certain parks 90% complete Page 286 of 290 Sustainability Goal Project Status Notes Natural Resources Develop a plan to increase tree canopy on city-owned and private property Implementation of annual tree sales in conjunction with Arbor Day. Considering additional sale in the fall Natural Resources Conduct inventory of where turf and asphalt can be replaced with native plants Updating master plan with park designs Considering medians and other locations were low water plants can thrive Clean and Connected Transportation Continue program, begun in 2010, to provide electronic golf carts to golfers at Broken Tee All carts are electronic, and a plan is in place to continue electric purchases Clean and Connected Transportation Conduct employee commuter survey around how city employees travel to and from work Survey completed. Investigating ways to encourage green commuting based on survey data Page 287 of 290 Sustainability Goal Project Status Notes Waste and Recycling If Council chooses a single hauler, implement system Remove-Single hauler program not implemented Waste and Recycling Implement a recycling program at all City facilities, tracking tonnage collected Lunch and Learn and tour of facility for employees. Information on recycling placed on recycling totes Waste and Recycling Provide electronic and hazardous waste recycling Hazardous Waste events planned for September Waste and Recycling Increase public education and outreach around waste reduction Planning strategy with Sustainability Commission Water Protection Implement park irrigation system repair and replacement Occurring where feasible Water Protection Replace/ repair irrigation systems in parks Current focus on Jason Park Water Protection Hold annual river and stream cleanup event CompletedPage 288 of 290 Sustainability Goal Project Status Notes Water Protection Complete construction of Big Dry Creek Diversion project Progressing, but delayed due to design consultant Water Protection Complete softening evaluation Completed taste, odor, and hardness study. Will not know the level of softening until city ditch is piped Water Protection Conduct chemical oxygen demand testing and properly dispose of COD test tubes Recommended for removal as this does not connect to department needs Water Protection Implement water conservation program Draft report received. Next step is 60 day public notice Water Protection Undertake a water usage analysis of City facilities Review of filtration for drinking water Water Protection Install meters to eliminate flat rate accounts Need to complete policy on lead service line fundingPage 289 of 290 Sustainability Goal Project Status Notes Water Protection Implement a phased repair and replacement schedule outlined in the master plan Part of approach to determining how repairs when and should be made Water Protection Complete Allen Water Treatment Plant capital improvements Seven year process. Awarded contract with a consultant for a condition assessment and process optimization Water Protection Initiate the construction of the Big Dry Creek Diversion Project Progressing with scheduled delays due to design consultant Water Protection Complete waterline replacement 60 year schedule, 2% each year. Needs to be completed with mill and overlay project. Awarded contract and starting with looping and elimination of dead ends Water Protection Fully implement new Utility Billing Software Go live date anticipated in August Page 290 of 290