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HomeMy WebLinkAbout2024-01-08 (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, January 8, 2024 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. Study Session begins at 6:00 p.m. Regular Council meeting begins at 7:00 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube 1. Study Session Topic a. Deputy City Manager Tim Dodd, Deputy Director of Parks Recreation, Library and Golf Brad Anderson; and Carson Bise, and Tishler Bise will be present to discuss Development Impact Fees 1a documents b. Finance Manager Kevin Engels will be present to discuss the November 2023 Monthly Financial Report 1b documents 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 December 18, 2023. 5a documents 6. Appointments, Communications, Proclamations, and Recognition 7. Recognition of Scheduled Public Comment Public Comment typically starts at 7:00 pm 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. a. Christopher Cordova, will address Council. b. Gary Kozacek, an Englewood resident, will address council. c. Doug Cohn, an Englewood resident, will address Council regarding history. Page 1 of 310 Englewood City Council Regular Agenda January 8, 2024 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. d. Marjorie Winters will address Council regarding Judge Jefferson. e. Regan Benson will address Council regarding City Resources. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment please visit: Zoom to register or plan to attend the meeting in person. 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. the day after the meeting. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB-1 Reimbursement of recall election expenditures by Mayor Othoniel Sierra 9ai documents Staff: City Attorney Tamara Niles ii. CB-2 2024 Mill Levy Amendment Emergency Ordinance 9aii documents Staff: Finance Director Jackie Loh b. Approval of Ordinances on Second Reading. i. CB-43 Amendments to the By-laws of The McBroom Ditch Company 9bi documents Staff: Director of Utilities and South Platte Renew, Pieter Van Ry and Utilities Deputy Director – Business Solutions and Engineering, Sarah Stone ii. CB-72 Amendment to an Intergovernmental Agreement with the Mile High Flood District 9bii documents Staff: Deputy Director - Engineering - Public Works Tim Hoos, and Capital Project Engineer II Devin Keener Page 2 of 310 Englewood City Council Regular Agenda January 8, 2024 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-73 Intergovernmental Agreement with Denver Water for Emergency Interconnects. 9biii documents Staff: Director of Utilities and South Platte Renew, Pieter Van Ry, and Deputy Director of Utilities - Business Services and Engineering, Sarah Stone c. Resolutions and Motions i. Designation of the Official Posting Place for Legal Notices Resolution 9ci documents Staff: City Clerk Stephanie Carlile 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. 2024 Budget Supplemental #1 Resolution 11ci documents Staff: Finance Director Jackie Loh ii. Amended 2024 Parks Recreation Library and Golf Rate and Fee Schedule 11cii documents Staff: Director of Finance Jackie Loh iii. Professional Services Agreement with Jacobs Engineering Group Inc. for Final Design of Denver Water Interconnections 11ciii documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director - Business Services - Utilities Sarah Stone iv. Transfer Current and Future Opioid Litigation Settlement Funds to Arapahoe County Region 11civ documents Staff: City Attorney Tamara Niles 12. General Discussion a. Mayor's Choice i. Planning Discussion for Board and Commission Interviews b. Council Members' Choice 13. City Manager’s Report Page 3 of 310 Englewood City Council Regular Agenda January 8, 2024 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. 14. Adjournment Page 4 of 310 STUDY SESSION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: January 8, 2024 SUBJECT: Development Impact Fees Study Session DESCRIPTION: Study Session on an analysis of the City's existing development impact fee structure and rates and recommendations for modifications RECOMMENDATION: Staff requests that Council review recommendations made by the City's contracted consultant and determine which development impact fees, if any, Council is interested considering for adoption. PREVIOUS COUNCIL ACTION:  Study Session- Development Impact Fee Study and Implementation (February 27, 2017)  Study Session- Impact Fees- Englewood's Current Regulations and Options for Consideration (January 28, 2019) SUMMARY: Impact fees are collected from new construction at the time a building permit is issued and used to construct system improvements needed to accommodate new development, and development impact fees represent the proportionate share of capital facility needs caused by future development. Impact fees are one component of a comprehensive funding strategy to ensure provision of adequate public facilities and may only be used for capital improvements or debt service for growth-related infrastructure. The City contracted with TishlerBise to conduct a study and develop recommendations relative to the impact of development on capital facilities and to calculate impact fees based on that analysis. TishlerBise developed, for Council review and consideration, impact fees for park, police, and multimodal improvements. ANALYSIS: Enabling Legislation and Requirements Impact fees are one-time payments imposed on new development that must be used solely to fund growth-related capital projects. Based on Colorado Revised Statute Section 29-20-104.5, impact fees must be legislatively adopted at a level no greater than necessary to defray impacts generally applicable to a broad class of property. Local governments may waive impact fees on the development of low and moderate income housing, but the legislation does not address whether the local government is required to make up the difference caused by the waiving of fees. Page 5 of 310 Statutes of other states allow impact fee schedules to include administrative costs related to impact fees and the preparation of capital improvement plans, but this is not specifically authorized in the Colorado statute. The Colorado law requires that capital improvements must have a useful life of at least five years and by law impact fees can only be used for capital improvements, not operating or maintenance costs, and they may not be used to repair or correct existing deficiencies in existing infrastructure. In Colorado, impact fees must:  Be one-time payments for growth related infrastructure and must not be used for operations, maintenance, or replacement;  Not be a tax, but a contractual arrangement to build growth-related infrastructure;  Meet growth-related infrastructure needs and provide infrastructure as growth occurs;  Represent the proportionate share of the capital costs for system improvements caused by new development; and  Provide a benefit to fee payers related to geographic service areas and accounting and expenditure controls. Methodologies Impact fees for capital improvements must be based on the same level of service provided to existing development in the service area with three basic methodologies used to calculate impact fees:  Cost Recovery (past improvements focuses on new development paying for its share of the useful life and remaining capacity of facilities already built, or land already purchased, from which new growth will benefit;  Incremental Expansion (concurrent improvement)- Incremental expansion methodology documents current standards for each type of public facility, using both quantitative and qualitative measures  Plan-Based (future improvements)- This methodology allocates costs for a specified set of improvements to a specified amount of development, with improvements typically identified in a long-range facility plan and development potential is identified by a land use plan. Ten Year Development Projections Modeling completed by TishlerBise predicts that in ten years Englewood will realize a:  Population increase of 5,358  Housing unit crease of 5,358  Employment decrease of 420 jobs overall  Nonresidential floor area increase of 344,000 square feet Police Impact Fees  Service area: Citywide  Methodologies: Consumption-based for vehicles and cost-recovery for station expansion  10-year demand: $66,000 in revenue for future police vehicles and $1.57 million in cost recovery revenue for the police station Page 6 of 310  Proposed fees: Development Type Persons Per Housing Unit (Residential) or Average Weekday Vehicle Trips (Nonresidential) Proposed Fees Residential- Single Family 2.36 (persons per housing unit) $807 (up $747 from current fee of $60) Residential- Multi-Family 1.49 (persons per housing unit) $509 (up $449 from current fee of $60) Nonresidential- Industrial 2.38 (average weekday vehicle trips) $268 (up $46 from current fee of $240) Nonresidential- Commercial 12.21 (average weekday vehicle trips) $1,469 (up $1,229 from current fee of $240) Nonresidential- Office and Other Services 5.42 (average weekday vehicle trips) $652 (up $412 from current fee of $240) Parks and Recreation Impact Fees  Service area: Citywide  Methodology: Consumption-based for park improvements without an assumed land component  10-year demand: $2.5 million in revenue for future park improvements and amenities  Proposed fees: Development Type Persons Per Housing Type Proposed Fees Single Family 2.36 $1,110 (up $910 from the current fee of $220) Multi-Family 1.49 $701 (up $501 from the current fee of $220) Multi-Modal Transportation  Service area: Citywide  Methodologies: Plan-based for trails, complete streets, and pedestrian/ bike improvements  10-year demand: $1.9 million in revenue for future multimodal improvements  Proposed fees: Development Type Average Weekday Person Trips Per Unit Proposed Fees Residential- Single Family 11.65 $1,882 Residential- Multi-Family 5.61 $906 Nonresidential- Industrial 4.97 $803 Nonresidential- Commercial 25.56 $4,130 Nonresidential- Office & Other Services 11.35 $1,834 The attached PowerPoint presentation includes proposed fees and cash flow for each of the three proposed impact fee areas, as well as a chart comparing similar fees in other cities in the Denver Metro Area. Page 7 of 310 COUNCIL ACTION REQUESTED: Staff requests that Council review recommendations made by the City's contracted consultant and determine which development impact fees, if any, Council is interested considering for adoption. FINANCIAL IMPLICATIONS: Funds collected through the assessment of development impact fees would be utilized for capital-related projects caused by new development. CONNECTION TO STRATEGIC PLAN: Outcome Area: Governance Goal: Revenue and Finances- Varied and sustainable approaches to revenue OUTREACH/COMMUNICATIONS: If approved by Council, development fee information would be posted on the City's website and made available to members of the community and prospective developers who would be impacted by the fees. ATTACHMENTS: Development Impact Fee Report Presentation- Development Impact Fees Page 8 of 310 Impact Fee Study Prepared for: Englewood, Colorado October 10, 2023 4701 Sangamore Road Suite S240 Bethesda, MD 301.320.6900 www.TischlerBise.com Page 9 of 310 Development Impact Fee Study Englewood, Colorado [PAGE INTENTIONALLY LEFT BLANK] Page 10 of 310 Development Impact Fee Study Englewood, Colorado i TABLE OF CONTENTS Executive Summary ................................................................................................................ 1 Colorado Impact Fee Enabling Legislation ......................................................................................... 1 General Legal Framework ................................................................................................................. 2 Conceptual Impact Fee Calculation ................................................................................................... 3 Evaluation of Credits ........................................................................................................................ 4 General Methodologies .................................................................................................................... 4 Impact Fees ............................................................................................................................ 6 Proposed Impact Fee Methodologies ............................................................................................... 6 Proposed Development Impact Fees ................................................................................................ 6 Police ...................................................................................................................................... 8 Service Area ..................................................................................................................................... 8 Proportionate Share ......................................................................................................................... 8 Police Station Cost Recovery Component ......................................................................................... 9 Police Vehicles Incremental Expansion ............................................................................................. 9 Projected Demand for Police Vehicles ............................................................................................ 11 Proposed Police Impact Fees .......................................................................................................... 11 Projected Police Impact Fee Revenue ............................................................................................. 13 Park Improvements .............................................................................................................. 14 Service Area ................................................................................................................................... 14 Proportionate Share ....................................................................................................................... 14 Park Improvements Incremental Expansion Component ................................................................ 14 Projected Demand for Park Improvements .................................................................................... 16 Credits ........................................................................................................................................... 17 Proposed Park Improvement Impact Fees ...................................................................................... 17 Projected Park Improvement Impact Fee Revenue ......................................................................... 18 Multimodal Transportation Improvements ........................................................................... 19 Methodology ................................................................................................................................. 19 Service Area ................................................................................................................................... 19 Proportionate Share ....................................................................................................................... 19 Average Weekday Person Trips ...................................................................................................... 19 Person Trip Methodology .............................................................................................................................. 19 Residential Demand Units ............................................................................................................................. 20 Nonresidential Demand Units ....................................................................................................................... 20 Mode Share and Vehicle Occupancy ............................................................................................................. 21 Vehicle Trip Ends to Find Total Person Trip Ends ........................................................................................... 22 Trips Adjustment Factors ............................................................................................................................... 23 Residential Trip Adjustment ...................................................................................................................... 23 Nonresidential Trip Adjustment ................................................................................................................ 23 Person Trips by Mode .................................................................................................................................... 23 Average Weekday Person Trips ..................................................................................................................... 24 Level-of-Service Analysis ................................................................................................................ 25 Multimodal Transportation Improvements Plan ........................................................................................... 25 Credits ........................................................................................................................................... 26 Proposed Multimodal Transportation Impact Fees ......................................................................... 26 Projected Multimodal Transportation Impact Fee Revenue ............................................................ 27 Appendix A: Land Use Assumptions ...................................................................................... 28 Page 11 of 310 Development Impact Fee Study Englewood, Colorado ii Summary of Growth Indicators ...................................................................................................... 29 Residential Development ............................................................................................................... 30 Recent Residential Construction ................................................................................................................... 30 Persons Per Housing Unit .............................................................................................................................. 31 Residential Estimates ..................................................................................................................................... 32 Residential Projections .................................................................................................................................. 32 Nonresidential Development ......................................................................................................... 33 Nonresidential Floor Area Ratios ................................................................................................................... 33 Nonresidential Estimates ............................................................................................................................... 34 Nonresidential Projections ............................................................................................................................ 34 Development Projections ............................................................................................................... 35 Appendix B: Land Use Definitions ......................................................................................... 36 Residential Development ............................................................................................................... 36 Nonresidential Development ......................................................................................................... 37 Page 12 of 310 Development Impact Fee Study Englewood, Colorado 1 EXECUTIVE SUMMARY The City of Englewood retained TischlerBise to prepare this study to analyze the impacts of development on capital facilities and calculate impact fees based on that analysis. Impact fees are collected from new construction at the time a building permit is issued and used to construct system improvements needed to accommodate new development. A development impact fee represents future development’s proportionate share of capital facility needs. Impact fees do have limitations and should not be regarded as the total solution for infrastructure funding. Rather, they are one component of a comprehensive funding strategy to ensure provision of adequate public facilities. Impact fees may only be used for capital improvements or debt service for growth-related infrastructure. In contrast to general taxes, development impact fees may not be used for operations, maintenance, replacement of infrastructure, or correcting existing deficiencies. This update of Englewood’s impact fees includes infrastructure components in the following areas: § Park Improvements § Police § Multimodal Transportation Improvements The purpose of this study is to demonstrate Englewood’s compliance with the Colorado Revised Statute 29-20-104.5. Consistent with the authorization, it is the intent of the City of Englewood to impose impact fees to fund expenditures on capital facilities needed to serve new development. The proposed fees will be legislatively adopted at a level no greater than necessary to defray impacts directly related to and generally applicable to a broad class of property. Colorado Impact Fee Enabling Legislation Impact fees are one-time payments imposed on new development that must be used solely to fund growth-related capital projects, typically called “system improvements”. An impact fee represents new growth’s proportionate share of capital facility needs. In contrast to project-level improvements, impact fees fund infrastructure that will benefit multiple development projects, or even the entire service area, as long as there is a reasonable relationship between the new development and the need for the growth- related infrastructure. According to Colorado Revised Statute Section 29-20-104.5, impact fees must be legislatively adopted at a level no greater than necessary to defray impacts generally applicable to a broad class of property. The purpose of impact fees is to defray capital costs directly related to proposed development. The statutes of other states allow impact fee schedules to include administrative costs related to impact fees and the preparation of capital improvement plans, but this is not specifically authorized in Colorado’s statute. Impact fees do have limitations and should not be regarded as the total solution for infrastructure funding. Rather, they are one component of a comprehensive portfolio to ensure adequate provision of public facilities. Because system improvements are larger and costlier, they may require bond financing and/or funding from other revenue sources. To be funded by impact fees, Section 29-20-104.5 requires that the capital improvements must have a useful life of at least five years. By law, impact fees can only be used Page 13 of 310 Development Impact Fee Study Englewood, Colorado 2 for capital improvements, not operating or maintenance costs. Also, impact fees cannot be used to repair or correct existing deficiencies in existing infrastructure. General Legal Framework Both state and federal courts have recognized the imposition of impact fees as a legitimate form of land use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use regulations, development exactions, and impact fees are subject to the Fifth Amendment prohibition on taking of private property for public use without just compensation. To comply with the Fifth Amendment, development regulations must be shown to substantially advance a legitimate governmental interest. In the case of impact fees, that interest is in the protection of public health, safety, and welfare by ensuring development is not detrimental to the quality of essential public services. The means to this end are also important, requiring both procedural and substantive due process. The process followed to receive community input (i.e., stakeholder meetings, work sessions, and public hearings) provides opportunities for comments and refinements to the impact fees. There is little federal case law specifically dealing with impact fees, although other rulings on other types of exactions (e.g., land dedication requirements) are relevant. In one of the most important exaction cases, the U. S. Supreme Court found that a government agency imposing exactions on development must demonstrate an “essential nexus” between the exaction and the interest being protected (see Nollan v. California Coastal Commission, 1987). In a more recent case (Dolan v. Town of Tigard, OR, 1994), the Court ruled that an exaction also must be “roughly proportional” to the burden created by development. However, the Dolan decision appeared to set a higher standard of review for mandatory dedications of land than for monetary exactions such as impact fees. There are three reasonable relationship requirements for impact fees that are closely related to “rational nexus”, or “reasonable relationship” requirements enunciated by a number of state courts. Although the term “dual rational nexus” is often used to characterize the standard by which courts evaluate the validity of impact fees under the U.S. Constitution, we prefer a more rigorous formulation that recognizes three elements: “need,” “benefit,” and “proportionality.” The dual rational nexus test explicitly addresses only the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S. Supreme Court in the Dolan case. Individual elements of the nexus standard are discussed further in the following paragraphs. All new development in a community creates additional demands on some, or all, public facilities provided by local government. If the capacity of facilities is not increased to satisfy that additional demand, the quality or availability of public services for the entire community will deteriorate. Impact fees may be used to recover the cost of development-related facilities, but only to the extent that the need for facilities is a consequence of development that is subject to the fees. The Nollan decision reinforced the principle that development exactions may be used only to mitigate conditions created by the developments upon which they are imposed. That principle clearly applies to impact fees. In this study, the impact of development on infrastructure needs is analyzed in terms of quantifiable relationships between various types of development and the demand for specific capital facilities, based on applicable level-of-service standards. Page 14 of 310 Development Impact Fee Study Englewood, Colorado 3 The requirement that exactions be proportional to the impacts of development was clearly stated by the U.S. Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality is established through the procedures used to identify development-related facility costs, and in the methods used to calculate impact fees for various types of facilities and categories of development. The demand for capital facilities is measured in terms of relevant and measurable attributes of development (e.g., a typical housing unit’s average weekday vehicle trips). A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and expended only on the facilities for which the fees were charged. Impact fees must be expended in a timely manner and the facilities funded by the fees must serve the development paying the fees. However, nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee revenues be available exclusively to development paying the fees. In other words, benefit may extend to a general area including multiple real estate developments. Procedures for the earmarking and expenditure of fee revenues are discussed near the end of this study. All of these procedural as well as substantive issues are intended to ensure that new development benefits from the impact fees they are required to pay. The authority and procedures to implement impact fees is separate from and complementary to the authority to require improvements as part of subdivision or zoning review. As documented in this report, the City of Englewood has complied with applicable legal precedents. Impact fees are proportionate and reasonably related to the capital improvement demands of new development. Specific costs have been identified using local data and current dollars. With input from city staff, TischlerBise identified demand indicators for each type of infrastructure and calculated proportionate share factors to allocate costs by type of development. This report documents the formulas and input variables used to calculate the development impact fees for each type of public facility. Development impact fee methodologies also identify the extent to which new development is entitled to various types of credits to avoid potential double payment of growth-related capital costs. Conceptual Impact Fee Calculation In contrast to project-level improvements, impact fees fund growth-related infrastructure that will benefit multiple development projects, or the entire service area (usually referred to as system improvements). The first step is to determine an appropriate demand indicator for the particular type of infrastructure. The demand indicator measures the number of service units for each unit of development. For example, an appropriate indicator of the demand for parks is population growth and the increase in population can be estimated from the average number of persons per housing unit. The second step in the development impact fee formula is to determine infrastructure improvement units per service unit, typically called level-of-service (LOS) standards. In keeping with the park example, a common LOS standard is improved park acres per thousand people. The third step in the impact fee formula is the cost of various infrastructure units. To complete the park example, this part of the formula would establish a cost per acre for land acquisition and/or park improvements. Page 15 of 310 Development Impact Fee Study Englewood, Colorado 4 Evaluation of Credits Regardless of the methodology, a consideration of credits is integral to the development of a legally defensible impact fee. There are two types of credits that should be addressed in impact fee studies and ordinances. The first is a revenue credit due to possible double payment situations, which could occur when other revenues may contribute to the capital costs of infrastructure covered by the impact fee. This type of credit is integrated into the fee calculation, thus reducing the fee amount. The second is a site- specific credit or developer reimbursement for dedication of land or construction of system improvements. This type of credit is addressed in the administration and implementation of the impact fee program. For ease of administration, TischlerBise normally recommends developer reimbursements for system improvements. General Methodologies Impact fees for the capital improvements made necessary by new development must be based on the same level of service (LOS) provided to existing development in the service area. There are three basic methodologies used to calculate impact fees. They examine the past, present, and future status of infrastructure. The objective of evaluating these different methodologies is to determine the best measure of the demand created by new development for additional infrastructure capacity. Each methodology has advantages and disadvantages in a particular situation and can be used simultaneously for different cost components. Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1) determining the cost of development-related capital improvements and (2) allocating those costs equitably to various types of development. In practice, though, the calculation of impact fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for facilities within the designated service area. The following paragraphs discuss basic methodologies for calculating impact fees and how those methodologies can be applied. • Cost Recovery (past improvements) - The rationale for recoupment, often called cost recovery, is that new development is paying for its share of the useful life and remaining capacity of facilities already built, or land already purchased, from which new growth will benefit. This methodology is often used for utility systems that must provide adequate capacity before new development can take place. • Incremental Expansion (concurrent improvements) - The incremental expansion methodology documents current LOS standards for each type of public facility, using both quantitative and qualitative measures. This approach assumes there are no existing infrastructure deficiencies or surplus capacity in infrastructure. New development is only paying its proportionate share for growth-related infrastructure. Revenue will be used to expand or provide additional facilities, as needed, to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments to keep pace with development. • Plan-Based (future improvements) - The plan-based methodology allocates costs for a specified set of improvements to a specified amount of development. Improvements are typically identified Page 16 of 310 Development Impact Fee Study Englewood, Colorado 5 in a long-range facility plan and development potential is identified by a land use plan. There are two basic options for determining the cost per demand unit: (1) total cost of a public facility can be divided by total demand units (average cost), or (2) the growth-share of the public facility cost can be divided by the net increase in demand units over the planning timeframe (marginal cost). Page 17 of 310 Development Impact Fee Study Englewood, Colorado 6 IMPACT FEES Proposed Impact Fee Methodologies Figure 1 summarizes the methods and cost components used for each infrastructure category in Englewood’s impact fee study. After consideration of input during work sessions and public hearings, the City may change the proposed impact fees by eliminating infrastructure types, cost components, and/or specific capital improvements. If changes are made during the adoption process, TischlerBise will update the fee study to be consistent with legislative decisions. Figure 1: Proposed Development Impact Fee Service Areas, Methodologies, and Cost Components Proposed Development Impact Fees For residential development, proposed fees are assessed per dwelling unit, based on the type of unit. Nonresidential impact fees will be assessed per 1,000 square feet of floor area, based on the type of development. The proposed nonresidential development impact fee schedule is designed to provide a reasonable determination for broad nonresidential development types – Industrial, Commercial, and Office & Other Services – to simplify the administration of nonresidential fees. For unique development types, Englewood may allow or require an independent fee determination. Figure 2: Proposed Development Impact Fee Schedule Infrastructure Category Service Area Cost Recovery Incremental Expansion Plan-Based Cost Allocation Parks Citywide N/A Park Improvements N/A Population Police Citywide Police Facilities Police Vehicles N/A Population, Nonres. Vehicle Trips Multimodal Transportation Citywide N/A N/A Multimodal Transportation Improvements Person Trips Residential Development Single Family $1,110 $807 $1,882 $3,798 Multi-Family $701 $509 $906 $2,116 Nonresidential Development Industrial $0 $286 $803 $1,089 Commercial $0 $1,469 $4,130 $5,599 Office & Other Service $0 $652 $1,834 $2,486 Fees per 1,000 Square Feet Fees Per Unit TotalDevelopment Type Development Type Police Multimodal Transportation Police Multimodal Transportation Parks Parks Total Page 18 of 310 Development Impact Fee Study Englewood, Colorado 7 All costs in the impact fee calculations are given in current dollars with no assumed inflation rate. Necessary cost adjustments can be made as part of the recommended annual evaluation and fee update. One approach is to adjust for inflation in construction costs by means of an index like the one published by Engineering News Record (ENR). This index can be applied against the calculated development impact fees. If cost estimates change significantly, the fees should be recalculated. Page 19 of 310 Development Impact Fee Study Englewood, Colorado 8 POLICE The Police impact fees include components for Police station space and vehicles. The cost recovery methodology is used for the station component. The incremental expansion methodology is used for the vehicle component. The Police impact fee is calculated on a per capita basis for residential development and a per vehicle trip basis for nonresidential development. The residential portion is derived from the product of persons per housing unit (by type) multiplied by the net cost per person. The nonresidential portion is derived from the product of vehicle trips generated per 1,000 square feet of nonresidential space multiplied by the net cost per vehicle trip. Service Area TischlerBise recommends a single Citywide service area for the Police impact fees. Proportionate Share TischlerBise recommends functional population to allocate the cost of additional Police facilities to residential and nonresidential development. Functional population accounts for people living and working in a jurisdiction, but also considers commuting patterns and time spent at home and at nonresidential locations. OnTheMap is a web-based mapping and reporting application that shows where workers are employed and where they live. It describes geographic patterns of jobs by their employment locations and residential locations as well as the connections between the two locations. OnTheMap was developed through a unique partnership between the U.S. Census Bureau and its Local Employment Dynamics (LED) partner states. Based on 2020 (the most current dataset) functional population data for Englewood, the cost allocation for residential development is 64 percent and 36 percent for nonresidential development. Figure P1: Functional Population Residential Demand Person Population 33,178 Hours/Day Hours Residents Not Working 15,742 20 314,840 Employed Residents 17,436 Residents Employed in Englewood 1,262 14 17,668 Residents Employed outside Englewood 16,174 14 226,436 Residential Subtotal 558,944 Residential Share 64% Nonresidential Residents Not Working 15,742 4 62,968 Jobs Located in Englewood 24,502 Residents Employed in Englewood 1,262 10 12,620 Non-Resident Workers (Inflow Commuters)23,240 10 232,400 Nonresidential Subtotal 307,988 Nonresidential Share 36% Total 866,932 Source: U.S. Census Bureau, OnTheMap 6.1.1 Application and LEHD Origin-Destination Employment Statistics. Demand Units in 2020 Page 20 of 310 Development Impact Fee Study Englewood, Colorado 9 The residential police impact fees are calculated per housing unit. For nonresidential development TischlerBise recommends using vehicle trips as the best demand indicator for Police facilities. Trip generation rates are used for nonresidential development because vehicle trips are highest for commercial/retail developments, such as shopping centers, and lowest for industrial development. Office and institutional trip rates fall between the other two categories. This ranking of trip rates is consistent with the relative demand for police services and facilities from nonresidential development. Other possible nonresidential demand indicators, such as employment or floor area, will not accurately reflect the demand for service. For example, if employees per thousand square feet were used as the demand indicator, police impact fees would be too high for office and institutional development because offices typically have more employees per 1,000 square feet than retail uses. Police Station Cost Recovery Component The City of Englewood constructed a new 50,269 square foot police station in 2017. The City debt-financed the new station to provide capacity for new development in the City. The cost recovery portion of the Police Facilities development fee will be used to cover new development’s share of Police station debt service payments. Future debt service for the City’s Police facilities expansion, as shown in Figure P2, is $20,520,000. As shown in Figure P2, the total principal and interest on the City’s bond for the Police station totals $20,520,000. When this cost is spread over the estimated increase in service units (population and vehicle trips) at the end of the remaining bond term and is multiplied by the proportionate share factors discussed above, the cost per person is $328.26 and the cost per nonresidential vehicle trip is $116.45. Figure P2: Police Station Cost Recovery Component Police Vehicles Incremental Expansion Englewood will maintain current levels of service for future development by incrementally expanding its existing fleet of 21 police vehicles. To allocate the proportionate share of demand to residential and nonresidential development, this analysis uses functional population outlined above in Figure P1 Englewood’s existing level of service for residential development is 0.0004 units per person (21 units X 64 percent residential share / 33,041 persons). For nonresidential development, the existing LOS is 0.0001 units per vehicle trip (21 units X 36 percent nonresidential share / 65,496 vehicle trips). Based information provided by the Englewood Police Department, the weighted average cost of the existing fleet is $33,206 per vehicle – this includes the cost of the vehicle and any equipment needed to Facility Outstanding Principal and Interest Year of Final Debt Payment Type of Development Demand Unit Proportionate Share Service Unit Increase to 2023-2036 Residential person 64%40,007 Nonresidential vehicle trip 36%63,433 Cost Analysis $328.26 $116.45 Englewood Police Station $20,520,000 2036 Cost per Person: Cost per Job: Page 21 of 310 Development Impact Fee Study Englewood, Colorado 10 place the vehicle into service (i.e., decals, lights, radios, computers, etc.). For police vehicles, the cost is $13.51 per person (0.0004 units per person X $33,206 per unit) and $3.83 per vehicle trip (0.0001 units per vehicle trip X $33,206 per unit). Figure P3: Existing Level of Service Description Count Cost Per Unit Total Cost 2019 Chevrolet Traverse 4 $30,335 $121,340 2020 Chevrolet Tahoe 2 $45,897 $91,794 2009 Ford F150 1 $32,125 $32,125 1995 Ford E350 1 $41,806 $41,806 2019 Dodge Grand Caravan 1 $25,144 $25,144 2019 Chevorlet Impala 1 $17,802 $17,802 2019 Ford F550 1 $45,838 $45,838 2016 Ford Grand Caravan 1 $25,144 $25,144 2020 Dodge, Ford, and Jeep SUVs 4 $35,000 $140,000 2016 Ford Explorer 1 $35,000 $35,000 2015 Jeep Cherokee 1 $30,335 $30,335 Nissan Xterra 1 $30,335 $30,335 2016 Chevrolet Equinox 1 $30,335 $30,335 2022 Chevy Equinox 1 $30,335 $30,335 Total Vehicles 21 Total Cost $697,333 Cost per Vehicle $33,206 Total Vehicles 21 Residential Share 64% 2023 Population 33,041 Police Square Feet per Person 0.0004 Cost per Person $13.51 Nonresidential Share 36% 2023 Vehicle Trips 65,496 Square Feet per Vehicle Trip 0.0001 Cost per Vehicle Trip $3.83 Source: Englewood, Colorado Cost Allocation Factors Level-of-Service (LOS) Standards Residential Nonresidential Page 22 of 310 Development Impact Fee Study Englewood, Colorado 11 Projected Demand for Police Vehicles To estimate the 10-year growth needs for Police vehicles, the current level of service (0.0004 units per person and 0.0001 units per nonresidential vehicle trip) is applied to the residential and nonresidential growth projected for the City of Englewood. The City is projected to increase by 5,358 residents and there is a projected decrease of 1,621 nonresidential vehicle trips over the next ten years (see Appendix A). Listed in Figure P4, there is a projected need for 2 units of growth-related Police vehicles to accommodate new development in the City at the present level of service. By applying the average cost per vehicle ($33,206), the total projected growth-related Police vehicles expenditure is approximately $66,164. Figure P4: Projected Demand for Police Vehicles Proposed Police Impact Fees Infrastructure components and cost factors for Police impact fees are summarized in the upper portion of Figure P5. For Police impact fees, the net capital cost is $341.77 per person and $120.28 per nonresidential vehicle trip. Police impact fees for residential development are assessed according to the number of persons per housing unit. The single-family fee of $807 is calculated using the $341.77 cost per person multiplied by demand units of 2.36 persons per housing unit. Demand Unit Cost per Vehicle 0.0004 Units per Person 0.0001 Units per Vehicle Trip Residential Nonresidential Total 2023 33,041 65,496 13.4 7.6 21.0 2024 33,577 65,420 13.7 7.6 21.2 2025 34,113 65,345 13.9 7.5 21.4 2026 34,648 65,273 14.1 7.5 21.6 2027 35,184 64,820 14.3 7.5 21.8 2028 35,720 64,656 14.5 7.5 22.0 2029 36,256 64,495 14.7 7.4 22.2 2030 36,792 64,337 15.0 7.4 22.4 2031 37,328 64,180 15.2 7.4 22.6 2032 37,864 64,026 15.4 7.4 22.8 2033 38,399 63,875 15.6 7.4 23.0 10-Yr Increase 5,358 (1,621)2.2 (0.2)2.0 $72,379 ($6,215)$66,164 Type of Infrastructure Growth-Related Expenditures Level of Service Police Vehicles $33,206 Demand for Police Vehicles Year Population Nonresidential Vehicle Trips Police Vehicles Page 23 of 310 Development Impact Fee Study Englewood, Colorado 12 Nonresidential development impact fees are assessed according to the number of average weekday vehicle trips per 1,000 square feet of floor area. The industrial fee of $286 per 1,000 square feet of floor area is derived from a cost of $120.28 per vehicle trip, multiplied by demand units of 2.38 adjusted average day vehicle trips per 1,000 square feet. Figure P5: Proposed Police Impact Fees Fee Component Cost per Person Cost per Trip Police Facilities $328.26 $116.45 Police Vehicles $13.51 $3.83 Total $341.77 $120.28 Residential Development Single Family 2.36 $807 $60 $747 Multi-Family 1.49 $509 $60 $449 Nonresidential Development Industrial 2.38 $286 $240 $46 Commercial 12.21 $1,469 $240 $1,229 Office & Other Service 5.42 $652 $240 $412 1. See Land Use Assumptions Proposed Fees Development Type Persons per Housing Unit1 Proposed Fees Development Type Average Wkdy Vehicle Trips1 Fees per 1,000 Square Feet Current Fee Difference Fees per Unit Current Fee Difference Page 24 of 310 Development Impact Fee Study Englewood, Colorado 13 Projected Police Impact Fee Revenue Projected fee revenue shown below is based on the development projections, shown in Appendix A, and the proposed Police impact fees shown in above in Figure P5. The revenue projection shown below is just an approximation. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase and impact fee revenue will increase at a corresponding rate. If development occurs at a slower rate than is projected, the demand for infrastructure will also decrease, along with impact fee revenue. Projected impact fee revenue equals $1,696,473 and projected growth-related expenditures equal $1,636,334. Figure P6: Projected Police Impact Fee Revenue Growth Share Existing Share Total Police Facilities $1,570,169 $14,214,446 $15,784,615 Police Vehicles $66,164 $0 $66,164 Total $1,636,334 $14,214,446 $15,850,780 Single Family Detached Single Family Attached Multi-Family Industrial Commercial Office & Other $807 $807 $509 $286 $1,469 $652 per unit per unit per unit per KSF per KSF per KSF Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF Base 2022 8,830 1,257 6,198 8,100 2,900 2,000 Year 1 2023 8,826 1,296 6,502 8,100 2,886 2,019 Year 2 2024 8,822 1,336 6,805 8,100 2,871 2,037 Year 3 2025 8,818 1,375 7,109 8,100 2,857 2,056 Year 4 2026 8,815 1,414 7,413 7,939 2,842 2,075 Year 5 2027 8,811 1,453 7,716 7,900 2,828 2,095 Year 6 2028 8,807 1,492 8,020 7,860 2,814 2,114 Year 7 2029 8,803 1,531 8,324 7,821 2,800 2,134 Year 8 2030 8,799 1,571 8,627 7,782 2,786 2,154 Year 9 2031 8,795 1,610 8,931 7,743 2,772 2,174 Year 10 2032 8,792 1,649 9,235 7,704 2,758 2,194 (38)392 3,037 (396)(142)194 $0 $23,500 $1,546,372 $0 $0 $126,385 $1,696,257 Projected Revenue 10-Year Increase Year Projected Fee Revenue Fee Component Page 25 of 310 Development Impact Fee Study Englewood, Colorado 14 PARK IMPROVEMENTS The Park Improvements impact fee is based on the incremental expansion methodology. The impact fee methodology assumes the City will construct additional recreation improvements through the development of existing park land to serve future growth to maintain current levels of service incrementally over time. The purchase of future park land is not included in the impact fee calculation. Service Area TischlerBise recommends a single Citywide service area for the Park Improvement impact fees. Proportionate Share Impact fees should not exceed a proportionate share of the capital cost needed to provide capital facilities to the development. The Park Improvements impact fees allocate 100 percent of the cost of capital facilities to residential development. Park Improvements Incremental Expansion Component Although the City of Englewood has over 430 acres of parks and open space, the focus of the impact fee calculation is developing improvements on existing parks. The impact fee does not include a land purchase component. Figure PI1 contains an inventory of City parks and the improvements at each. Figure PI: Inventory of City Parks and Improvements Figure PI2 indicates the City’s 77 park improvements have a total estimated replacement cost of $15,534,610. When compared to the number of park improvements, this results in a weighted average cost of $201,748 per improvement. This analysis allocates 100 percent of park improvement demand to residential development. The existing level of service for residential development is 0.0023 improvements per person (77 existing improvements Description Acres Baseball/Softball Field Basketball Court Multi-Use Field Off Leash Dog Area Pavillion Pickleball Court Playground Restrooms Skatepark Tennis Courts Slackline Poles Baker Park 0.9 1.0 1.0 1.0 Barde Park 3.7 Bates Logan 6.8 1.0 1.0 1.0 1.0 1.0 Belleview Park 36.1 1.0 1.0 4.0 2.0 3.0 4.0 Centennial Park 37.3 1.0 1.0 1.0 2.0 1.0 1.0 Clarkson Park 0.8 Cushing Park 11.2 1.0 1.0 2.0 1.0 1.0 1.0 Depot property (Community Garden)0.9 Duncan Park 3.8 1.0 1.0 1.0 1.0 1.0 1.0 Emerson Park 1.3 Englewood Canine Corral 1.5 Golf Course 253.0 1.0 1.0 Jason Park 8.1 1.0 1.0 1.0 1.0 1.0 Little Dry Creek 14.2 Malley Center 2.1 Miller Field 5.7 2.0 2.0 Natches Frontage Rd.0.5 1.0 Northwest Greenbelt 10.8 1.0 Pirates Cove 5.4 Plaza area 3.5 Police/Fire 2.0 Recreation Center 3.6 Rockies Field 8.0 2.0 1.0 1.0 Romans Park 4.6 1.0 1.0 2.0 1.0 3.0 1.0 Rotolo Park 3.3 1.0 1.0 1.0 Sinclair courts 0.7 1.0 2.0 Sinclair field 4.1 1.0 1.0 Southwest Greenbelt 5.5 Total 439.2 8.0 7.0 10.0 0.0 16.0 3.0 12.0 12.0 1.0 7.0 1.0 Page 26 of 310 Development Impact Fee Study Englewood, Colorado 15 X 100 percent residential share / 33,041 persons). The analysis uses an average cost of $201,748 per improvement. The park improvement cost is $470.16 per person (0.0023 improvements per person X $201,748 per improvement). Figure PI2: Park Improvements Level of Service and Cost Allocation Description Improvements Unit Cost Replacement Cost Baseball/Softball Field 8 $340,613 $2,724,902 Basketball Court 7 $113,280 $792,960 Multi-Use Field 10 $115,000 $1,150,000 Pavillion 16 $31,000 $496,000 Pickleball Court 3 $105,565 $316,696 Playground 12 $200,000 $2,400,000 Restrooms 12 $534,404 $6,412,852 Skatepark 1 $156,500 $156,500 Tennis Courts 7 $152,100 $1,064,700 Slackline Poles 1 $20,000 $20,000 Total 77 $201,748 $15,534,610 Cost per Improvement $201,748 Existing Improvements 77 Residential Share 100% 2023 Population 33,041 Improvements per Person 0.0023 Cost per Person $470.16 Source: Englewood, Colorado Level-of-Service (LOS) Standards Residential Cost Allocation Factors Page 27 of 310 Development Impact Fee Study Englewood, Colorado 16 Projected Demand for Park Improvements To estimate the 10-year growth needs for park improvements, the current level of service (0.0023 improvements per person) is applied to the residential growth projected for the City of Englewood. The City is projected to increase by 5,358 residents over the next ten years (see Appendix A). Listed in Figure PI3, there is projected need for 12.5 park improvements (5,358 additional persons X 0.0023 improvements per person) to accommodate new development in the City at the present level of service. By applying the average cost per improvement ($201,748), the total projected growth-related improvement need is approximately $2.5 million. Figure PI3: Projected Demand for Park Improvements Demand Unit Cost per Unit 0.0023 Improvements per Person $201,748 2023 33,041 77.0 2024 33,577 78.2 2025 34,113 79.5 2026 34,648 80.7 2027 35,184 82.0 2028 35,720 83.2 2029 36,256 84.5 2030 36,792 85.7 2031 37,328 87.0 2032 37,864 88.2 2033 38,399 89.5 10-Yr Increase 5,358 12.5 $2,519,372 Population Improvements Demand for Park Improvements Growth-Related Expenditures Year Type of Infrastructure Level of Service Park Improvements Page 28 of 310 Development Impact Fee Study Englewood, Colorado 17 Credits As the City has no outstanding debt on its park facilities, a credit for future principal payments is not included. If elected officials make a legislative policy decision to fully fund growth-related costs from impact fees, there will be no potential double-payment from other revenue sources. Proposed Park Improvement Impact Fees Infrastructure components and cost factors for the Park Improvements impact fees are summarized in the upper portion of Figure PI4. The capital cost per person is $470.16. Park Improvement impact fees for residential development are assessed according to the number of persons per housing unit. The single-family fee of $1,110 is calculated using a cost of $470.16 per person multiplied by a demand unit of 2.36 persons per housing unit. Figure PI4: Proposed Park Improvement Impact Fees Fee Component Cost per Person Park Improvements $470.16 Total $470.16 Residential Development Single Family 2.36 $1,110 $200 $910 Multi-Family 1.49 $701 $200 $501 1. See Land Use Assumptions Fees per Unit Development Type Persons per Housing Unit1 Proposed Fees Current Fee Difference Page 29 of 310 Development Impact Fee Study Englewood, Colorado 18 Projected Park Improvement Impact Fee Revenue Projected fee revenue shown below is based on the development projections, shown in Appendix A, and the proposed Park Improvement impact fees shown above in Figure PI4. The revenue projection shown below is just an approximation. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase and impact fee revenue will increase at a corresponding rate. If development occurs at a slower rate than is projected, the demand for infrastructure will also decrease, along with impact fee revenue. Projected impact fee revenue equals $2,561,906 and projected growth- related expenditures equal $2,519,372. Figure PI5: Projected Park Improvement Impact Fee Revenue Growth Share Existing Share Total Park Improvements $2,519,372 $0 $2,519,372 Total $2,519,372 $0 $2,519,372 Single Family Detached Single Family Attached Multi-Family $1,110 $1,110 $701 per unit per unit per unit Hsg Unit Hsg Unit Hsg Unit Base 2023 8,830 1,257 6,198 Year 1 2024 8,826 1,296 6,502 Year 2 2025 8,822 1,336 6,805 Year 3 2026 8,818 1,375 7,109 Year 4 2027 8,815 1,414 7,413 Year 5 2028 8,811 1,453 7,716 Year 6 2029 8,807 1,492 8,020 Year 7 2030 8,803 1,531 8,324 Year 8 2031 8,799 1,571 8,627 Year 9 2032 8,795 1,610 8,931 Year 10 2033 8,792 1,649 9,235 (38)392 3,037 $0 $434,588 $2,127,318 $2,561,906Projected Fee Revenue Year Fee Component 10-Year Increase Projected Revenue Page 30 of 310 Development Impact Fee Study Englewood, Colorado 19 MULTIMODAL TRANSPORTATION IMPROVEMENTS Methodology The Multimodal Transportation impact fees include components for multimodal and complete street improvements. The plan-based methodology is used. Service Area Englewood plans to provide a uniform level of service and equal access to its transportation network within the city limits; therefore, the Multimodal Transportation impact fees will be assessed in a citywide service area. Proportionate Share Impact fees should not exceed a proportionate share of the capital cost needed to provide capital facilities to the development. The Multimodal Transportation impact fees will proportionately allocate the cost of capital facilities to residential and nonresidential development. The proportionate share of costs attributable to development will be allocated to average weekday person trips and then converted to an appropriate amount by land use. Average Weekday Person Trips Englewood will use average weekday person trips (AWPT) for Multimodal Transportation impact fees. Components used to determine average weekday person trips include trip generation rates and adjustments for pass-by trips. PERSON TRIP METHODOLOGY According to the Institute of Transportation Engineers (ITE), there are several elements necessary to calculate person trips. The following equation is provided in the ITE’s Trip Generation Handbook (2017): Person trips = [(vehicle occupancy) x (vehicle trips)] + transit trips + walk trips + bike trips To create a more streamlined approach, this study uses “non-motorized trips” as the sum of walk and bike trips. The Trip Generation Handbook outlines the general approach to calculating person trips: § Estimate vehicle trip ends generated by development type. This study uses the vehicle trip rates found in ITE’s Trip Generation Manual (2017). § Determine mode share and vehicle occupancy. Trip survey data from the National Household Transportation Survey (2017) is used to calculate needed factors. § Convert vehicle trips to person trips. This conversion calculates the total person trips by combining the vehicle trip mode share and vehicle occupancy. § Calculate the estimated person trips by mode. The mode share split is applied to the total person trip rate to calculate the specific person trip rate for vehicle, transit, and non-motorized trips per land use. Page 31 of 310 Development Impact Fee Study Englewood, Colorado 20 RESIDENTIAL DEMAND UNITS For residential development, TischlerBise uses data published in Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). According to this data, single-family units generate 9.43 average weekday vehicle trip ends per unit, and multi-family units generate 4.54 average weekday vehicle trip ends per unit. NONRESIDENTIAL DEMAND UNITS For nonresidential development, TischlerBise uses data published in Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). The prototype for industrial development is Manufacturing (ITE 140) which generates 4.75 average weekday vehicle trip ends per 1,000 square feet of floor area. For office & other services development, the proxy is General Office (ITE 710); it generates 10.84 average weekday vehicle trip ends per 1,000 square feet of floor area. The prototype for commercial development is Shopping Center (ITE 820) which generates 37.01 average weekday vehicle trips per 1,000 square feet of floor area. Page 32 of 310 Development Impact Fee Study Englewood, Colorado 21 MODE SHARE AND VEHICLE OCCUPANCY Data from the National Household Travel Survey (NHTS) is used to approximate the percentage split of total person trips by transportation mode in Englewood. NHTS has been conducting stratified, random surveys for nearly 50 years with the aim to understand the modes and purposes of travel in the US. For this study, the most recent survey, 2017, is refined to create a database of survey responses that is both from similar cities to Englewood and statistically significant. Initially, the national database of responses is refined by location and population, the results are limited to areas in the Mountain region (AZ, CO, ID, MT, NM, NV, UT, WY) in a metropolitan statistical area of more than 1 million residents, without heavy rail. The database is further filtered to only include responses from urban areas. Lastly, only responses for trips on weekdays are included. As a result, there are 6,416 NHTS responses in the database that are used to approximate the mode splits and vehicle occupancy. Data from NHTS indicate the purpose of a trip which allows for the mode share and vehicle occupancy to be calculated separately for residential and nonresidential land uses. It is assumed that trips for residential and nonresidential purposes have different characteristics, so by calculating separately the analysis results in more accurate trip factors. There are 3,403 survey responses that are attributed to residential land uses and 2,838 responses attributed to nonresidential land uses. Both databases are well within a 95 percent confidence level with a confidence interval (margin of error) of less than three.1 The transportation mode split for residential purpose trips is listed in Figure M1. Of the 3,403 total trips, 87 percent are by vehicle, 2 percent transit, and 11 percent non-motorized. Additionally, the vehicle trips involved 4,974 passengers, resulting in an average vehicle occupancy of 1.68 passengers per vehicle trip. Figure M1: Residential Purpose Person Trips by Mode 1 A confidence level expresses the certainty that the true mean of the population falls within the confidence interval, the margin of error of the results. Mode Trips % Vehicle 2,965 87.0% Transit 50 2.0% Non-Motorized 388 11.0% Total 3,403 100.0% Note: Percentages have been rounded Source: National Household Travel Survey, 2017; TischlerBise analysis. Page 33 of 310 Development Impact Fee Study Englewood, Colorado 22 The transportation mode split for nonresidential purpose trips is listed in Figure M2. Of the 2,838 total trips, 86 percent are by vehicle, 2 percent transit, and 8 percent non-motorized. Additionally, during the vehicle trips there were 4,406 passengers, resulting in an average vehicle occupancy of 1.80 passengers per vehicle trip. Figure M2: Nonresidential Purpose Person Trips by Mode VEHICLE TRIP ENDS TO FIND TOTAL PERSON TRIP ENDS The total person trip end rate for each land use can be calculated using the vehicle trip end rate, vehicle occupancy rate, and vehicle mode share. The following formula to calculate vehicle trip ends is provided in the ITE’s Trip Generation Handbook (2017): Vehicle trip ends = [(person trip ends x (vehicle mode share)]/(vehicle occupancy) This is rearranged to calculate total person trips: Person trip ends = [(vehicle trip ends) x (vehicle occupancy)]/(vehicle mode share) By inputting the vehicle trip rate, vehicle occupancy, and vehicle mode share factors found in prior sections, the daily person trip rate for each land use is found. For example, the daily vehicle trip rate for a single-family housing unit is 9.43, the vehicle occupancy is 1.68, and the vehicle mode share is 87 percent. By inputting these factors into the formula, a daily person trip end rate of 18.21 is calculated ([9.43 vehicle trips x 1.68 occupancy rate] / [87 percent vehicle mode share] = 18.21). Figure M3 lists the calculated daily person trip end rate for each land use. Figure M3: Average Weekday Person Trip Ends by Land Use Mode Trips % Vehicle 2,454 86.0% Transit 47 2.0% Non-Motorized 337 12.0% Total 2,838 100.0% Note: Percentages have been rounded Source: National Household Travel Survey, 2017; TischlerBise analysis. Single Family 9.43 1.68 87.0%18.21 Multi-Family 4.54 1.68 87.0%8.77 Industrial 4.75 1.80 86.0%9.94 Commercial 37.01 1.80 86.0%77.46 Office & Other Services 10.84 1.80 86.0%22.69 Development Type Avg Weekday Vehicle Trip Ends1 Vehicle Occupancy Rate2 Vehicle Mode Share2 Avg Weekday Person Trip Ends Residential (per housing unit) Nonresidential (per 1,000 square feet) Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021); National Household Travel Survey data, 2017; TischlerBise analysis Page 34 of 310 Development Impact Fee Study Englewood, Colorado 23 TRIPS ADJUSTMENT FACTORS A person trip end is the out-bound or in-bound portion of a trip. As a result, so as not to double count trips, a standard 50 percent adjustment is applied to trip ends to calculate a person trip. For example, the out-bound trip from a person’s home to work is attributed to the housing unit and the trip from work back home is attributed to the employer. RESIDENTIAL TRIP ADJUSTMENT Residential development has a trip adjustment factor of 64 percent to account for commuters leaving Englewood for work. According to the 2009 National Household Travel Survey (see Table 30) weekday work trips are typically 31 percent of production trips (i.e., all out-bound trips, which are 50 percent of all trip ends). As shown in Appendix A, the U.S. Census Bureau’s OnTheMap web application indicates 93 percent of resident workers traveled outside of Englewood for work in 2020. In combination, these factors (0.31 x 0.50 x 0.93 = 0.14) support the additional 14 percent allocation of trips to residential development. NONRESIDENTIAL TRIP ADJUSTMENT For commercial and institutional development, the trip adjustment factor is less than 50 percent since these types of development attract vehicles as they pass by on arterial and collector roads. For example, when someone stops at a convenience store on the way home from work, the convenience store is not the primary destination. For an average shopping center, ITE data indicate 34 percent of the vehicles that enter are passing by on their way to another primary destination. The remaining 66 percent of attraction trips have the commercial site as their primary destination. Since attraction trips are half of all trips, the trip adjustment factor is 66 percent multiplied by 50 percent – approximately 33 percent of trip ends. PERSON TRIPS BY MODE In Figure M4, the trip adjustment factor and mode share are applied to the person trip end rate of each land use to calculate person trips. For example, a single-family housing unit has a trip adjustment factor is 64 percent and the vehicle mode share is 87 percent, resulting in a daily person trip rate of 10.14 for the vehicle mode (11.64 person trip ends X 0.64 trip adjustment factor X 0.87 vehicle mode share = 10.14 person trips for the vehicle mode). Figure M4: Person Trips by Mode Average Weekday Person Trips per Unit Single Family 18.21 64%11.65 10.14 0.23 1.28 Multi-Family 8.77 64%5.61 4.88 0.11 0.62 Industrial 9.94 50%4.97 4.32 0.10 0.55 Commercial 77.46 33%25.56 22.24 0.51 2.81 Office & Other Services 22.69 50%11.35 9.87 0.23 1.25 Vehicle Transit Non- Motorized Residential (per housing unit) Nonresidential (per 1,000 square feet) Avg Weekday Person Trips Development Type Avg Weekday Person Trip Ends Trip Adjustment Factor1 Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021); National Household Travel Survey data, 2017; TischlerBise analysis Page 35 of 310 Development Impact Fee Study Englewood, Colorado 24 AVERAGE WEEKDAY PERSON TRIPS Shown in Figure M5 are the demand indicators related to average weekday person trips (AWPT) generated per housing unit for residential development and per 1,000 square feet of floor area for nonresidential development. To calculate average weekday person trips, multiply average weekday person trip ends by the trip rate adjustment factor. For example, the industrial demand unit of 4.97 average weekday person trips per 1,000 square feet of floor area is the product of 9.94 average weekday person trip ends per 1,000 square feet of floor area multiplied by a trip rate adjustment factor of 50 percent. Figure M6 includes projected person trips for the 10-year study period. Figure M5: Average Weekday Person Trips (AWPT) by Development Type Figure M6: Person Trip Projections Single Family 18.21 64%11.65 Multi-Family 8.77 64%5.61 Industrial 9.94 50%4.97 Commercial 77.46 33%25.56 Office & Other Services 22.69 50%11.35 Avg Weekday Person Trips Residential (per housing unit) Nonresidential (per 1,000 square feet) Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021); National Household Travel Survey data, 2017; TischlerBise analysis Development Type Avg Weekday Person Trip Ends Trip Adjustment Factor1 2023 2024 2025 2026 2027 2028 2033 Base 1 2 3 4 5 10 Single Family Detached Units 8,830 8,826 8,822 8,818 8,815 8,811 8,792 (38) Single Family Attached Units 1,257 1,296 1,336 1,375 1,414 1,453 1,649 392 Multi-Family Units 6,198 6,502 6,805 7,109 7,413 7,716 9,235 3,037 Industrial KSF 8,100 8,100 8,100 8,100 7,939 7,900 7,704 (396) Commercial KSF 2,900 2,886 2,871 2,857 2,842 2,828 2,758 (142) Office & Other Service KSF 2,000 2,019 2,037 2,056 2,075 2,095 2,194 194 Single Family Trips 102,907 102,863 102,818 102,773 102,729 102,684 102,461 (447) Single Family Trips 14,653 15,109 15,566 16,022 16,479 16,935 19,218 4,565 Multi-Family Trips 34,788 36,493 38,197 39,901 41,606 43,310 51,832 17,044 Residential Trips 152,349 154,465 156,581 158,697 160,813 162,930 173,511 21,162 Industrial Trips 40,257 40,257 40,257 40,257 39,458 39,261 38,289 (1,968) Commercial Trips 74,129 73,759 73,390 73,023 72,658 72,294 70,505 (3,624) Office & Other Service Trips 22,690 22,901 23,114 23,329 23,545 23,764 24,889 2,199 Nonresidential Trips 137,076 136,916 136,761 136,608 135,661 135,319 133,683 (3,393) Total Person Trips 289,425 291,381 293,342 295,306 296,474 298,249 307,194 17,769 Englewood, Colorado 10-Year Increase De v e l o p m e n t Av g W e e k d a y P e r s o n T r i p s Page 36 of 310 Development Impact Fee Study Englewood, Colorado 25 Level-of-Service Analysis MULTIMODAL TRANSPORTATION IMPROVEMENTS PLAN Englewood staff recommends the growth-related improvements listed in Figure M7 to serve development over the next 10 years. The total cost of planned multimodal transportation improvements is $48,190,000. Figure M7: Planned Multimodal Transportation Improvements The City’s planned multimodal improvements over the next five years totals $48,190,000. Because there is no transportation modeling to determine what portion of each planned improvement is growth-related, the cost of these improvements is spread over total projected person trips in 2028, for cost per person trip of $161.58 ($48,190,000/298,249). This approach ensures that new and existing growth is treated equally. Figure M8: Cost Allocation Project Total Cost E Dartmouth Traffic Calming $200,000 Oxford Avenue Pedestrian Bridge Match $500,000 Broadway Mid-Block Crossing at Gothic $700,000 CityCenter Englewood Station/S. Santa Fe Dr. Ped/Bike Bridge $5,300,000 Belleview Ave, Fox St to Broadway $1,500,000 Broadway Reconstruction Evaluation $100,000 Broadway, Yale to Hampden $15,200,000 CityCenter Englewood Station Platform Shelter $40,000 Clarkson Bike Blvd, Hampden to Dartmouth $500,000 Dartmouth Rail Trail Bridge $4,000,000 Hampden Rail Trail Pedestrian Bridge $4,250,000 Logan, Tufts to Oxford $2,800,000 Rail Trail Segment 1 Bridge (Big Dry Creek - Oxford Station)$2,000,000 Rail Trail Segment 2 (Oxford Station - S. Platte River Trail)$3,900,000 Rail Trail Segment 3 (S. Platte River Trail - W. Bates Ave.)$3,850,000 Southwest Greenbelt Trail (S. Cherokee St. - S. Windermere St.)$3,350,000 Total $48,190,000 Source: City of Englewood 5 Year Cost $48,190,000 ÷ 2028 Person Trips 298,249 Cost per Person Trip $161.58 Cost Factors Page 37 of 310 Development Impact Fee Study Englewood, Colorado 26 Credits As the City has no outstanding debt on its multimodal improvements, a credit for future principal payments is not included. If elected officials make a legislative policy decision to fully fund growth-related multimodal improvements from impact fees, there will be no potential double-payment from other revenue sources. Proposed Multimodal Transportation Impact Fees Infrastructure components and cost factors for Multimodal Transportation impact fees are summarized in the upper portion of Figure M9. The cost for multimodal improvements is $161.58 per person trip. Multimodal Transportation impact fees for residential development are assessed according to the number of person trips generated per household. The single-family fee of $1,882 is calculated using a cost of $161.58 per trip multiplied by 11.65 person trips per single-family unit. Multimodal Transportation impact fees for nonresidential development are assessed according to the number of person trips generated per 1,000 square feet of floor area. The industrial fee of $803 per 1,000 square feet is calculated using a cost of $161.58 per trip multiplied by 4.97 person trips per 1,000 square feet of industrial development. Figure M9: Proposed Multimodal Transportation Impact Fees Fee Component Cost per Person Trip Multi-Modal Improvements $161.58 Total $161.58 Residential Development Avg Wkdy Person Trips per Unit1 Single Family 11.65 $1,882 Multi-Family 5.61 $906 Nonresidential Development Avg Wkdy Person Trips per 1,000 Sq Ft1 Industrial 4.97 $803 Commercial 25.56 $4,130 Office & Other Services 11.35 $1,834 1. See Land Use Assumptions Development Type Proposed Fees Fees per Unit Fees per 1,000 Square Feet Development Type Proposed Fees Page 38 of 310 Development Impact Fee Study Englewood, Colorado 27 Projected Multimodal Transportation Impact Fee Revenue Projected fee revenue shown below is based on the development projections in Appendix A and the maximum justifiable Multimodal Transportation impact fees shown on the previous page. The revenue projection shown below is just an approximation. Over the next 10 years, projected impact fee revenue equals $1,881,757 and projected expenditures equal $48,190,000. Existing development’s share of multimodal infrastructure costs must be funded with non-impact fee revenues. Figure M10: Projected Maximum Justifiable Multimodal Transportation Impact Fee Revenue Growth Share Existing Share Total Street Improvements $1,917,828 $46,272,172 $48,190,000 Total $1,917,828 $46,272,172 $48,190,000 Single Family Detached Single Family Attached Multi-Family Industrial Commercial Office & Other $1,882 $1,882 $906 $803 $4,130 $1,834 per unit per unit per unit per KSF per KSF per KSF Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF Base 2023 8,830 1,257 6,198 8,100 2,900 2,000 Year 1 2024 8,826 1,296 6,502 8,100 2,886 2,019 Year 2 2025 8,822 1,336 6,805 8,100 2,871 2,037 Year 3 2026 8,818 1,375 7,109 8,100 2,857 2,056 Year 4 2027 8,815 1,414 7,413 7,939 2,842 2,075 Year 5 2028 8,811 1,453 7,716 7,900 2,828 2,095 (19)196 1,518 (200)(72)95 $0 $368,558 $1,375,610 $0 $0 $173,660 Projected Fee Revenue $1,917,828 Existing Development Share $46,272,172 Total Expenditures $48,190,000 5-Year Increase Projected Revenue Year Fee Component Page 39 of 310 Development Impact Fee Study Englewood, Colorado 28 APPENDIX A: LAND USE ASSUMPTIONS The City of Englewood retained TischlerBise to prepare this study to analyze the impacts of development on the city’s capital facilities and to calculate development impact fees based on that analysis. The population, housing unit, and job projections contained in this document provide the foundation for the development impact fee study. To evaluate the demand for growth-related infrastructure from various types of development, TischlerBise prepared documentation on jobs and floor area by type of nonresidential development, and demand indicators by type of housing unit. These metrics are the service units and demand indicators used in the development impact fee study. Development impact fees are based on the need for growth-related improvements, and they must be proportionate by type of land use. The demographic data and development projections are used to demonstrate proportionality and anticipate the need for future infrastructure. Development impact fee studies typically look out five to ten years, with the expectation that fees will be updated every three to five years. The estimates and projections of residential and nonresidential development in this Land Use Assumptions document are for areas within the boundaries of Englewood, Colorado. The map below illustrates the areas within the Englewood Development Impact Fee Service Area. Figure A1: Development Impact Fee Service Area Map Page 40 of 310 Development Impact Fee Study Englewood, Colorado 29 Summary of Growth Indicators Key development projections for the Englewood development impact fee study include housing units and nonresidential floor area. TischlerBise estimates population and housing units using data provided by Englewood staff and U.S. Census data. For nonresidential development, the base year employment estimate is based on nonresidential floor area data provided by City staff. To project future employment by industry sector, the analysis uses the Denver Regional Council of Governments Small-Area Household and Employment Forecasts 2020. To estimate non-residential floor area, TischlerBise applies square feet per employee factors published by the Institute of Transportation Engineers (ITE) to the DRCOG employment projections. The projections contained in this document provide the foundation for the Development Impact Fee Study. These projections are used to estimate development impact fee revenue and to indicate the anticipated need for growth-related infrastructure. The goal is to have reasonable projections without being overly concerned with precision. Because development impact fee methods are designed to reduce sensitivity to development projections in the determination of the proportionate-share fee amounts, if actual development is slower than projected, fee revenue will decline, but so will the need for growth-related infrastructure. In contrast, if development is faster than anticipated, Englewood will receive more fee revenue, but will also need to accelerate infrastructure improvements to keep pace with the actual rate of development. During the next 10 years, TischlerBise projects an average annual increase of 348 housing units per year. During the same time period, TischlerBise projects an average increase of 126,000 square feet of nonresidential floor area per year. Page 41 of 310 Development Impact Fee Study Englewood, Colorado 30 Residential Development Current estimates and future projections of residential development are detailed in this section including population and housing units by type. RECENT RESIDENTIAL CONSTRUCTION Development impact fees require an analysis of current levels of service. For residential development, current levels of service are determined using estimates of population and housing units. Shown below, Figure A2 indicates the estimated number of housing units added by decade according to data obtained from the U.S. Census Bureau. From 2010 to 2020, Englewood’s housing inventory increased by an average of 156 units per year. Figure A2: Housing Units by Decade Census 2010 Housing Units 15,478 Census 2020 Housing Units 17,045 New Housing Units 2010 to 2020 1,567 Englewood added an average of 156 housing units per year from 2010 to 2020. 0 2,000 4,000 6,000 8,000 10,000 12,000 Before 1970 1970s 1980s 1990s 2000s Housing Units Added by Decade in Englewood Source: U.S. Census Bureau, Census 2010 Summary File 1,Census 2020 Summary File 1,2017-2021 5-Year American Community Survey (for 2010s and earlier,adjusted to yield total units in 2020). Page 42 of 310 Development Impact Fee Study Englewood, Colorado 31 PERSONS PER HOUSING UNIT According to the U.S. Census Bureau, a household is a housing unit occupied by year-round residents. Development impact fees often use per capita standards and persons per housing unit (PPHU) or persons per household (PPH) to derive proportionate share fee amounts. When PPHU is used in the fee calculations, infrastructure standards are derived using year-round population. When PPH is used in the fee calculations, the development impact fee methodology assumes a higher percentage of housing units will be occupied, thus requiring seasonal or peak population to be used when deriving infrastructure standards. TischlerBise recommends that Englewood impose development impact fees for residential development according to the number of persons per housing unit. Occupancy calculations require data on population and the types of units by structure. The 2010 census did not obtain detailed information using a “long-form” questionnaire. Instead, the U.S. Census Bureau switched to a continuous monthly mailing of surveys, known as the American Community Survey (ACS), which has limitations due to sample-size constraints. For example, data on detached housing units are now combined with attached single units (commonly known as townhouses, which share a common sidewall, but are constructed on an individual parcel of land). For development impact fees in Englewood, detached stick-built units, attached units, and mobile home units are included in the “Single-Family” category. The second residential category includes duplexes and all other structures with two or more units on an individual parcel of land. This is referred to as “Multi-Family” category. (Note: housing unit estimates from ACS will not equal decennial census counts of units. These data are used only to derive the custom PPHU factors for each type of unit). Figure A3 below shows the ACS 2021 5-Year Estimates for Englewood. Single-family units averaged 2.36 persons per housing unit (22,649 persons / 9,601 housing units) and multi-family units had an average of 1.49 persons per housing unit (10,452 persons / 7,006 housing units). In total, housing units in Englewood averaged 1.99 persons per housing unit. Figure A3: Persons per Housing Unit by Type of Housing Single-Family Units1 22,649 9,281 2.44 9,601 2.36 57.8%3.30% Multi-Family Units2 10,452 6,292 1.66 7,006 1.49 42.2%10.20% Total 33,101 15,573 2.13 16,607 1.99 100.0%6.20% Source: U.S. Census Bureau, 2017-2021 American Community Survey 5-Year Estimates 1. Includes detached, attached (i.e. townhouses). 2. Includes dwellings in structures with two or more units, and mobile home units. Housing Mix Vacancy RateHousing Type Persons Households Persons per Household Housing Units Persons per Housing Unit Page 43 of 310 Development Impact Fee Study Englewood, Colorado 32 RESIDENTIAL ESTIMATES This analysis projects housing units based on data provided by Englewood staff, and U.S. census data. The 2023 base year multi-family housing estimate of 6,198 units is based on data provided by City staff. The 2023 base year single family detached housing estimate of 8,830 and single family attached housing estimate of 1,257 are derived from 2020 census data and recent building permit data provided by City staff. The base year population estimate is derived by using the occupancy factors shown in Figure A3 and applying them to the single and multi-family housing unit estimates. The 2023 population estimate is 33,106 persons. RESIDENTIAL PROJECTIONS TischlerBise projects future residential development beyond the 2023 base year using future anticipated housing development data provided by City of Englewood staff. This data includes projected housing growth and demolitions. Over the next 10 years, this results in an increase of 392 single family attached units, 3,037 multi-family units, and a decrease in 38 single family units. To project future population, the analysis converts housing units to population using the occupancy factors shown in Figure A3. For this study, it is assumed that the housing unit size will remain constant. TischlerBise projects a 10-year increase of 3,390 housing units and 5,358 persons. Figure A4: Residential Development Projections 2023 2024 2025 2026 2027 2028 2033 Base Year 1 2 3 4 5 10 Population 33,041 33,577 34,113 34,648 35,184 35,720 38,399 5,358 Housing Units Single Family Detached 8,830 8,826 8,822 8,818 8,815 8,811 8,792 (38) Single Family Attached 1,257 1,296 1,336 1,375 1,414 1,453 1,649 392 Multi-Family 6,198 6,502 6,805 7,109 7,413 7,716 9,235 3,037 Total 16,285 16,624 16,963 17,302 17,641 17,980 19,675 3,390 Note: Projections take into account projected demolitions of housing units as growth occurs 10-Year ChangeEnglewood, CO Page 44 of 310 Development Impact Fee Study Englewood, Colorado 33 Nonresidential Development Current estimates and future projections of nonresidential development are detailed in this section including jobs and nonresidential floor area. NONRESIDENTIAL FLOOR AREA RATIOS TischlerBise uses 2021 Institute of Transportation Engineers (ITE) data to estimate employment. As shown in Figure A5, the prototype for industrial development is Light Industrial (ITE 110) with an average of 637 square feet per employee. Commercial development uses Shopping Center (ITE 820) with 471 square feet per employee. Office & other services uses General Office (ITE 710) with an average of 307 square feet per employee. Figure A5: Institute of Transportation Engineers, Employee and Building Area Ratios ITE Demand Avg Wkdy Trip Ends Avg Wkdy Trip Ends Employees Per Square Feet Code Unit Per Demand Unit1 Per Employee1 Demand Unit Per Employee 110 Light Industrial 1,000 Sq Ft 4.87 3.10 1.57 637 130 Industrial Park 1,000 Sq Ft 3.37 2.91 1.16 864 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living bed 2.60 4.24 0.61 na 310 Hotel room 7.99 14.34 0.56 na 565 Day Care student 4.09 21.38 0.19 na 610 Hospital 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home bed 3.06 3.31 0.92 na 710 General Office (avg size)1,000 Sq Ft 10.84 3.33 3.26 307 720 Medical-Dental Office 1,000 Sq Ft 36.00 8.71 4.13 242 730 Government Office 1,000 Sq Ft 22.59 7.45 3.03 330 750 Office Park 1,000 Sq Ft 11.07 3.54 3.13 320 820 Shopping Center (avg size)1,000 Sq Ft 37.01 17.42 2.12 471 1. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). Land Use Group Page 45 of 310 Development Impact Fee Study Englewood, Colorado 34 NONRESIDENTIAL ESTIMATES Based on estimates provided by City staff, there is 13,000,000 square feet of nonresidential space in Englewood in 2023. Applying the square feet per employee factors shown in Figure A5 to the 2023 nonresidential floor area estimates results in a 2023 employment estimate of 28,013 jobs. Figure A6: Estimated Employment and Nonresidential Floor Area (2023) NONRESIDENTIAL PROJECTIONS To project employment, TischlerBise uses projections published in the Denver Regional Council of Governments’ Small-Area Household and Employment Forecasts 2020 and information provided by city staff. According to Englewood staff, as development occurs the city is expected to see a decrease in nonresidential development. Employment was then converted to floor area using square feet per employment factors from ITE. The 10-year projections include a decrease of approximately 344,000 square feet of nonresidential development and a loss of 420 jobs. Figure A7: Nonresidential Development Projections 2023 Percent of Square Feet 2023 Jobs per Estimated Jobs1 Total Jobs per Job2 Floor Area3 1,000 Sq. Ft.2 Industrial 15,341 55%528 8,100,000 1.89 Commercial 6,161 22%471 2,900,000 2.12 Office & Other Service 6,511 23%307 2,000,000 3.26 Total 28,013 100%13,000,000 2.15 1. TischlerBise calculation (2023 Nonresidential square feet / square feet per job). 2. Trip Generation, Institute of Transportation Engineers, 11th Edition (2022). 3. Data proivded by City staff. Nonresidential Category 2023 2024 2025 2026 2027 2028 2033 Base Year 1 2 3 4 5 10 Employment Industrial 15,341 15,264 15,188 15,112 15,036 14,961 14,591 (750) Commercial 6,161 6,130 6,100 6,069 6,039 6,009 5,860 (301) Office & Other Services 6,511 6,571 6,632 6,694 6,756 6,819 7,142 631 Total 28,013 27,966 27,920 27,875 27,831 27,789 27,593 (420) Nonresidential Sq Ft (x1,000) Industrial 8,100 8,100 8,100 8,100 7,939 7,900 7,704 (396) Commercial 2,900 2,886 2,871 2,857 2,842 2,828 2,758 (142) Office & Other Services 2,000 2,019 2,037 2,056 2,075 2,095 2,194 194 Total 13,000 13,004 13,008 13,013 12,857 12,822 12,656 (344) Englewood, CO 10-Year Increase Page 46 of 310 Development Impact Fee Study Englewood, Colorado 35 Development Projections Provided below are summaries of development projections used in the Development Impact Fee Study. Development projections are used to illustrate a possible future pace of demand for service units and cash flows resulting from revenues and expenditures associated with those demands. Figure A8: Development Projections Summary 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Base Year 1 2 3 4 5 6 7 8 9 10 Population 33,041 33,577 34,113 34,648 35,184 35,720 36,256 36,792 37,328 37,864 38,399 5358 Housing Units Single Family Detached 8,830 8,826 8,822 8,818 8,815 8,811 8,807 8,803 8,799 8,795 8,792 (38) Single Family Attached 1,257 1,296 1,336 1,375 1,414 1,453 1,492 1,531 1,571 1,610 1,649 392 Multi-Family 6,198 6,502 6,805 7,109 7,413 7,716 8,020 8,324 8,627 8,931 9,235 3037 Total Housing Units 16,285 16,624 16,963 17,302 17,641 17,980 18,319 18,658 18,997 19,336 19,675 3390 Employment Industrial 15,341 15,264 15,188 15,112 15,036 14,961 14,886 14,812 14,738 14,664 14,591 (750) Commercial 6,161 6,130 6,100 6,069 6,039 6,009 5,979 5,949 5,919 5,889 5,860 (301) Office & Other Service 6,511 6,571 6,632 6,694 6,756 6,819 6,882 6,946 7,011 7,076 7,142 631 Total Employment 28,013 27,966 27,920 27,875 27,831 27,789 27,747 27,707 27,668 27,630 27,593 (420) Nonres. Floor Area (x1,000) Industrial 8,100 8,100 8,100 8,100 7,939 7,900 7,860 7,821 7,782 7,743 7,704 (396) Commercial 2,900 2,886 2,871 2,857 2,842 2,828 2,814 2,800 2,786 2,772 2,758 (142) Office & Other Service 2,000 2,019 2,037 2,056 2,075 2,095 2,114 2,134 2,154 2,174 2,194 194 Total Nonres. Floor Area 13,000 13,004 13,008 13,013 12,857 12,822 12,788 12,755 12,721 12,688 12,656 (344) 10-Year IncreaseEnglewood, CO Base 1 2 3 4 5 6 7 8 9 10 10-Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Increase Industrial KSF 8,100 8,100 8,100 8,100 7,939 7,900 7,860 7,821 7,782 7,743 7,704 (396) Commercial KSF 2,900 2,886 2,871 2,857 2,842 2,828 2,814 2,800 2,786 2,772 2,758 (142) Office & Other Services KSF 2,000 2,019 2,037 2,056 2,075 2,095 2,114 2,134 2,154 2,174 2,194 194 Industrial Trips 19,238 19,238 19,238 19,238 18,856 18,761 18,668 18,574 18,481 18,389 18,297 (941) Commercial Trips 35,419 35,241 35,065 34,890 34,715 34,542 34,369 34,197 34,026 33,856 33,687 (1,732) Office & Other Services Trips 10,840 10,941 11,042 11,145 11,249 11,353 11,459 11,565 11,673 11,781 11,891 1,051 Nonresidential Trips 65,496 65,420 65,345 65,273 64,820 64,656 64,495 64,337 64,180 64,026 63,875 (1,621) Englewood, Colorado Pa g e 4 7 o f 3 1 0 Development Impact Fee Study Englewood, Colorado 36 APPENDIX B: LAND USE DEFINITIONS Residential Development As discussed below, residential development categories are based on data from the U.S. Census Bureau’s American Community Survey. Englewood will collect development impact fees from all new residential units. One-time development impact fees are determined by site capacity (i.e., number of residential units). Single-Family: 1. Single-family detached is a one-unit structure detached from any other house, that is, with open space on all four sides. Such structures are considered detached even if they have an adjoining shed or garage. A one-family house that contains a business is considered detached as long as the building has open space on all four sides. 2. Single-family attached (townhouse) is a one-unit structure that has one or more walls extending from ground to roof separating it from adjoining structures. In row houses (sometimes called townhouses), double houses, or houses attached to nonresidential structures, each house is a separate, attached structure if the dividing or common wall goes from ground to roof. Multi-Family: 1. 2+ units (duplexes and apartments) are units in structures containing two or more housing units, further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more apartments.” 2. Boat, RV, Van, Etc. includes any living quarters occupied as a housing unit that does not fit the other categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans, railroad cars, and the like are included only if they are occupied as a current place of residence. Page 48 of 310 Development Impact Fee Study Englewood, Colorado 37 Nonresidential Development The proposed general nonresidential development categories (defined below) can be used for all new construction within Englewood. Nonresidential development categories represent general groups of land uses that share similar average weekday vehicle trip generation rates and employment densities (i.e., jobs per thousand square feet of floor area). Commercial: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By way of example, Commercial includes shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automobile dealerships, movie theaters, and hotels. Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By way of example, Industrial includes manufacturing plants, distribution warehouses, trucking companies, utility substations, power generation facilities, and telecommunications buildings. Office: Establishments providing management, administrative, professional, or business services. By way of example, Office includes banks, business offices, medical offices, and veterinarian clinics. Page 49 of 310 City of Englewood Development Impact Fees Presentation to City Council November 6, 2023 Pa g e 5 0 o f 3 1 0 2 TischlerBise Experience 40-year consulting practice serving local governments nationwide •Impact fees / infrastructure financing strategies •Fiscal / economic impact analyses •Capital improvement planning •Infrastructure finance / revenue enhancement •Real estate and market feasibility Adams County Arapahoe County Aurora Boulder Castle Pines Castle Rock Centennial Colorado Springs Durango Eaton Erie Evans Fort Collins Garfield County Grand Junction Greeley Johnstown La Plata County Lafayette Lake Dillon Fire Dist. Larimer County Lone Tree Littleton Longmont Louisville Loveland Mead Mesa County Montezuma County Parker Pitkin County Pueblo Steamboat Springs Thornton Vail Westminster Pa g e 5 1 o f 3 1 0 3 Impact Fee Requirements •One-time payment for growth-related infrastructure •Not for operations, maintenance, or replacement •Not a tax, but a contractual arrangement to build growth-related infrastructure •Must meet growth-related infrastructure needs •Provide infrastructure as growth occurs •System-level improvements, not project-level improvements •Represent new development’s proportionate share of capital cost for system improvements •Demographic analysis and development projections •Infrastructure needs and cost analysis •Fee payers must receive a benefit •Geographic service areas •Accounting and expenditure controls Pa g e 5 2 o f 3 1 0 4 Impact Fees in Colorado •Governed by Senate Bill 15 •October 2001 •Improvement or facility that: •Is directly related to any service that a local government is authorized to provide; •Has a useful life of five years or longer •Specific accounting requirements •Allows a local government to waive an impact fee on the development of low/moderate income housing •Does not address whether the local government is required to “make up” the difference Pa g e 5 3 o f 3 1 0 5 10-Year Development Projections •Population increase of 5,358 •Housing unit increase of 3,390 •Employment decrease of 420 •Industrial: (750 jobs) •Retail: (301 jobs) •Office/Services: 9631 jobs) •Institutional: 51 jobs •Nonresidential floor area increase of 344,000 •Industrial: (396,000 sq ft) •Retail: (142,000 sq ft) •Office/Services: (194,000 sq ft) Pa g e 5 4 o f 3 1 0 6 Police •Service Area •Citywide •Methodology •Consumption-based (Police vehicles) •Cost-recovery (Police station expansion) •10-Year Demand •$66,000 in revenue for future Police vehicles •$1.57 million in cost recovery revenue for the Police Station Pa g e 5 5 o f 3 1 0 7 Proposed Police Fees Fee Component Cost per Person Cost per Trip Police Facilities $328.26 $116.45 Police Vehicles $13.51 $3.83 Total $341.77 $120.28 Residential Development Single Family 2.36 $807 $60 $747 Multi-Family 1.49 $509 $60 $449 Nonresidential Development Industrial 2.38 $286 $240 $46 Commercial 12.21 $1,469 $240 $1,229 Office & Other Service 5.42 $652 $240 $412 1. See Land Use Assumptions Proposed Fees Development Type Persons per Housing Unit1 Proposed Fees Development Type Average Wkdy Vehicle Trips1 Fees per 1,000 Square Feet Current Fee Difference Fees per Unit Current Fee Difference Pa g e 5 6 o f 3 1 0 8 Police Cash Flow Growth Share Existing Share Total Police Facilities $1,570,169 $14,214,446 $15,784,615 Police Vehicles $66,164 $0 $66,164 Total $1,636,334 $14,214,446 $15,850,780 Single Family Detached Single Family Attached Multi-Family Industrial Commercial Office & Other $807 $807 $509 $286 $1,469 $652 per unit per unit per unit per KSF per KSF per KSF Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF Base 2022 8,830 1,257 6,198 8,100 2,900 2,000 Year 1 2023 8,826 1,296 6,502 8,100 2,886 2,019 Year 2 2024 8,822 1,336 6,805 8,100 2,871 2,037 Year 3 2025 8,818 1,375 7,109 8,100 2,857 2,056 Year 4 2026 8,815 1,414 7,413 7,939 2,842 2,075 Year 5 2027 8,811 1,453 7,716 7,900 2,828 2,095 Year 6 2028 8,807 1,492 8,020 7,860 2,814 2,114 Year 7 2029 8,803 1,531 8,324 7,821 2,800 2,134 Year 8 2030 8,799 1,571 8,627 7,782 2,786 2,154 Year 9 2031 8,795 1,610 8,931 7,743 2,772 2,174 Year 10 2032 8,792 1,649 9,235 7,704 2,758 2,194 (38)392 3,037 (396)(142)194 $0 $23,500 $1,546,372 $0 $0 $126,385 $1,696,257 Projected Revenue 10-Year Increase Year Projected Fee Revenue Fee Component Pa g e 5 7 o f 3 1 0 9 Parks and Recreation •Service Area •Citywide •Methodology •Consumption-based (park improvements) •No land component assumed •10-Year Demand •$2.5 million in revenue for future park improvements/amenities Pa g e 5 8 o f 3 1 0 10 Proposed Parks and Recreation Fees Fee Component Cost per Person Park Improvements $470.16 Total $470.16 Residential Development Single Family 2.36 $1,110 $200 $910 Multi-Family 1.49 $701 $200 $501 1. See Land Use Assumptions Fees per Unit Development Type Persons per Housing Unit1 Proposed Fees Current Fee Difference Pa g e 5 9 o f 3 1 0 11 Parks and Recreation Cash Flow Growth Share Existing Share Total Park Improvements $2,519,372 $0 $2,519,372 Total $2,519,372 $0 $2,519,372 Single Family Detached Single Family Attached Multi-Family $1,110 $1,110 $701 per unit per unit per unit Hsg Unit Hsg Unit Hsg Unit Base 2023 8,830 1,257 6,198 Year 1 2024 8,826 1,296 6,502 Year 2 2025 8,822 1,336 6,805 Year 3 2026 8,818 1,375 7,109 Year 4 2027 8,815 1,414 7,413 Year 5 2028 8,811 1,453 7,716 Year 6 2029 8,807 1,492 8,020 Year 7 2030 8,803 1,531 8,324 Year 8 2031 8,799 1,571 8,627 Year 9 2032 8,795 1,610 8,931 Year 10 2033 8,792 1,649 9,235 (38)392 3,037 $0 $434,588 $2,127,318 $2,561,906Projected Fee Revenue Year Fee Component 10-Year Increase Projected RevenuePa g e 6 0 o f 3 1 0 12 Multimodal Transportation •Service Area •Citywide •Methodology •Trails (plan-based) •Complete streets (plan-based) •Pedestrian/bike improvements (Plan-based) •10-Year Demand •$1.9 million in revenue for future multimodal improvements Pa g e 6 1 o f 3 1 0 13 5-Year Improvement Plan Since we do not have traffic modelling to determine how much of each project is growth-related, costs are allocated to the 2028 demand base so that all development is treated equally. Project Total Cost E Dartmouth Traffic Calming $200,000 Oxford Avenue Pedestrian Bridge Match $500,000 Broadway Mid-Block Crossing at Gothic $700,000 CityCenter Englewood Station/S. Santa Fe Dr. Ped/Bike Bridge $5,300,000 Belleview Ave, Fox St to Broadway $1,500,000 Broadway Reconstruction Evaluation $100,000 Broadway, Yale to Hampden $15,200,000 CityCenter Englewood Station Platform Shelter $40,000 Clarkson Bike Blvd, Hampden to Dartmouth $500,000 Dartmouth Rail Trail Bridge $4,000,000 Hampden Rail Trail Pedestrian Bridge $4,250,000 Logan, Tufts to Oxford $2,800,000 Rail Trail Segment 1 Bridge (Big Dry Creek - Oxford Station)$2,000,000 Rail Trail Segment 2 (Oxford Station - S. Platte River Trail)$3,900,000 Rail Trail Segment 3 (S. Platte River Trail - W. Bates Ave.)$3,850,000 Southwest Greenbelt Trail (S. Cherokee St. - S. Windermere St.)$3,350,000 Total $48,190,000 Source: City of Englewood Pa g e 6 2 o f 3 1 0 14 Proposed Transportation Fees Fee Component Cost per Person Trip Multi-Modal Improvements $161.58 Total $161.58 Residential Development Avg Wkdy Person Trips per Unit1 Single Family 11.65 $1,882 Multi-Family 5.61 $906 Nonresidential Development Avg Wkdy Person Trips per 1,000 Sq Ft1 Industrial 4.97 $803 Commercial 25.56 $4,130 Office & Other Services 11.35 $1,834 1. See Land Use Assumptions Development Type Proposed Fees Fees per Unit Fees per 1,000 Square Feet Development Type Proposed Fees Pa g e 6 3 o f 3 1 0 15 Growth Share Existing Share Total Street Improvements $1,917,828 $46,272,172 $48,190,000 Total $1,917,828 $46,272,172 $48,190,000 Single Family Detached Single Family Attached Multi-Family Industrial Commercial Office & Other $1,882 $1,882 $906 $803 $4,130 $1,834 per unit per unit per unit per KSF per KSF per KSF Hsg Unit Hsg Unit Hsg Unit KSF KSF KSF Base 2023 8,830 1,257 6,198 8,100 2,900 2,000 Year 1 2024 8,826 1,296 6,502 8,100 2,886 2,019 Year 2 2025 8,822 1,336 6,805 8,100 2,871 2,037 Year 3 2026 8,818 1,375 7,109 8,100 2,857 2,056 Year 4 2027 8,815 1,414 7,413 7,939 2,842 2,075 Year 5 2028 8,811 1,453 7,716 7,900 2,828 2,095 (19)196 1,518 (200)(72)95 $0 $368,558 $1,375,610 $0 $0 $173,660 Projected Fee Revenue $1,917,828 Existing Development Share $46,272,172 Total Expenditures $48,190,000 5-Year Increase Projected Revenue Year Fee Component Transportation Cash Flow Pa g e 6 4 o f 3 1 0 16 Fee Comparison Single-Family Public Facilities/General Gov't Fire Police Parks Transportation Library Other Total (Non- Utility) Commerce City1 $0 $0 $0 $7,502 $4,842 $0 $0 $12,344 Aurora $1,371 $1,076 $1,184 $4,896 $749 $328 $0 $9,604 Lafayette2 $0 $0 $0 $1,350 $0 $0 $7,650 $9,000 Litteton3 $1,925 $0 $371 $0 $2,241 $686 $1,965 $7,188 Englewood (Proposed)$0 $0 $807 $1,110 $1,882 $0 $0 $3,798 Wheat Ridge $0 $0 $0 $2,497 $0 $0 $0 $2,497 Westminster $0 $0 $0 $2,127 $0 $0 $0 $2,127 Arvada $0 $0 $0 $2,004 $0 $0 $0 $2,004 Englewood (Current)$0 $0 $60 $200 $0 $0 $0 $260 1. Transportation fee shown is 'Northern Range' 2. Other includes Public Art and Service Expansion 3. Other includes Multimodal and Museum Pa g e 6 5 o f 3 1 0 STUDY SESSION TO: Mayor and Council FROM: Kevin Engels DEPARTMENT: Finance DATE: January 8, 2024 SUBJECT: November 2023 Monthly Financial Report DESCRIPTION: Finance Manager, Kevin Engels, will be present to discuss the November 2023 Monthly Financial Report RECOMMENDATION: The Monthly Financial Report is informational only and staff seeks input from City Council to clarify or verify the information provided. PREVIOUS COUNCIL ACTION: Staff provides financial updates to City Council each month. During the Study Session discussion, the Director of Finance will review the 2023 November General Fund financials by revenues and expenditures. Sales & Use Tax slides by area are also included in the Appendix of the attached presentation. SUMMARY: Through November 2023, the City of Englewood's General Fund revenues total $60,752,000 which is 94.4% of budgeted revenues, or $4,023,000 higher than the same period in 2022. Total revenue YTD is tracking 7.1% higher than the same period in 2022. Expenditures YTD are $56,723,000 or 86.7% of the budgeted expenditures. Total expenditures YTD are $6,368,000 or 12.6%, higher than those in 2022. Per Council request, any one-time revenues and expenditures for 2023 and 2022 have been adjusted as noted. Please note that the budget column includes the new revenues from the sales & use tax increases and corresponding additional expenditures from 2023 budget supplementals 1-4. ANALYSIS: Revenue highlights are below:  Through November 2023, the city has received $8,705,000 in property taxes.Of that total, $5,154,000 went to the General Fund, $818,000 to the EDDA, and the rest to debt service for the Parks and Recreation and Police Building General Obligation (GO) bonds.  Sales & Use Tax remittances total $38,909,000 and are 90.5% of fiscal budgeted revenue; Sales & Use Tax revenue is $3,096,000 higher than the same time last year. Page 66 of 310 Additionally, the Sales & Use Tax audits and voluntary disclosure collections amount to $76,000.  Marijuana Sales Tax accounts for $1,255,000 of the total Sales & Use Tax revenue YTD and is ($200,000) lower than 2022.  Licenses and Permits revenue is down ($797,000) compared to 2022 due to several large building permits in 2022.  Charges for services are higher due to the new IT cost allocation of $369,000 for software and licenses directly attributable to enterprise funds.  American Rescue Plan Act (ARPA)-the city has been awarded $8,776,000 which was received in two allocations of $4,338,000 each.The second allocation was received on November 5th 2022. For 2022, the General Fund still restricts $360,000 of ARPA funds to be used for homelessness related projects. ARPA funds already spent from the General Fund include $33,000 for Workforce Training, $17,000 for the Vaccine program and $22,000 for Homelessness. 2023 Budget Supplemental #1 authorized spending an additional $79,000 for the Homelessness Action plan and related projects.  Investment Earnings are $1,026,000 higher than 2022. The 2022 losses were due to a rapid rise in interest rates which resulted in Unrealized Losses.The portfolio, predominantly invested in bonds, is valued at market value each month, so earnings can fluctuate when interest rates move in either direction. Please note that the 2022 December YTD one-time revenues of $188,000 for the sale of the Fire Training Academy, and $138,000 for health insurance savings and $1,119,000 Football Stadium tax refund are subtracted. Expenditure highlights are below:  Across all departments, part of the variance is due to a 5% salary increase for all staff and an additional 2% inflationary increase approved by Council in June 2023.  2022 debt service included $2,812,000 for the COP payoff.Paying off the COP debt one year early saved the city $30,000 in interest costs.  Expenditure variances for Police, Public Works and PRL are also partially due to an increase in internal billings for the yearly vehicle maintenance and CERF charges.The internal rates were temporarily lowered in 2021 and 2022 but have been returned to normal in 2023. Please note that the 2022 December YTD one-time expenditures of ($235,000) for pension contribution credits and $1,418,000 for debt service to pay off the COP’s early have both been subtracted from the operating figures. The YTD Operating surplus (Excess Revenues over/(under) Expenditures) is $4,029,000, compared to the Amended Budgeted Operating Deficit of ($1,127,000). Transfers include $138,000 transfer in from the Public Improvement Fund for Debt Service and transfers out of ($1,000,000) for capital projects and ($2,175,000) for the Dartmouth Bridge approved by Council as part of 2023 budget supplemental #1, ($60,000) transferred out for IT equipment for new employees as part of the 2023 budget supplemental #3 and ($251.000) transferred out to the Englewood Downtown Development Authority for their current year sales tax increment payment. Page 67 of 310 The General Fund – Fund Balance Composition, slide #10, shows a YTD change in total fund balance of $681,000, which includes the total surplus of $4,029,000 and a net transfer out of ($3,348,000). This surplus includes all one-time items. COUNCIL ACTION REQUESTED: Staff will review the current financial report with Council monthly and welcomes questions and discussion. FINANCIAL IMPLICATIONS: Information is included above. CONNECTION TO STRATEGIC PLAN: Governance: Assist the City to become fiscally accountable, effective and efficient. ATTACHMENTS: 2023 November Financial Report Page 68 of 310 November 2023 Monthly Financial Report Presented By: Kevin Engels, Finance Manager Pa g e 6 9 o f 3 1 0 General Fund Revenues •Through November 2023, year-to-date revenues are 94.4% of the Fiscal Year 2023 budget. •Through November 2022, year-to-date revenues were 89.6% of the total Fiscal Year 2022 revenues. •Total Sales and Use Tax Revenue is $38,909,000 in 2023 compared to $35,813,000 in 2022. •General Fund revenues exclude one-time items as noted. Pa g e 7 0 o f 3 1 0 General Fund Revenues •2023 –no one-time adjustments •2022 excludes $188,000 for sale of Fire Training Academy •2022 excludes $138,000 for health insurance savings •2022 excludes $1,119,000 for Stadium District refund 2023 2022 Revenues Budget Nov-23 % Budget Dec-22 Nov-22 % YTD $ Diff % Diff Property Tax 5,171,000 5,154,000 99.7%5,237,000 5,213,000 99.5%(59,000) 0.0% Specific Ownership Tax 530,000 449,000 84.7%541,000 452,000 83.5%(3,000) 0.0% Sales & Use Taxes 41,601,000 37,654,000 90.5%38,772,000 34,358,000 88.6%3,296,000 9.6% Sales Tax - Marijuana - 1,255,000 1,898,000 1,455,000 (200,000) -13.7% Cigarette Tax 170,000 133,000 78.2%111,000 89,000 80.2%44,000 49.4% Franchise Fees 3,915,000 3,489,000 89.1%3,920,000 3,374,000 86.1%115,000 3.4% Hotel/Motel Tax 25,000 71,000 284.0%64,000 61,000 95.3%10,000 16.4% Licenses & Permits 1,379,000 2,195,000 159.2%3,196,000 2,992,000 93.6%(797,000) -26.6% Intergovernmental Revenue 1,220,000 1,006,000 82.5%1,259,000 1,059,000 84.1%(53,000) -5.0% Charges for Services 3,830,000 3,090,000 80.7%3,290,000 2,895,000 88.0%195,000 6.7% Parks and Recreation 3,124,000 2,533,000 81.1%2,420,000 2,379,000 98.3%154,000 6.5% Fines & Forfeitures 501,000 326,000 65.1%373,000 351,000 94.1%(25,000) -7.1% Investment Earnings 155,000 718,000 463.2%(247,000) (308,000) 124.7%1,026,000 333.1% EMRF Rents 1,800,000 1,770,000 98.3%1,765,000 1,634,000 92.6%136,000 8.3% Miscellaneous 913,000 909,000 99.6%2,159,000 2,170,000 100.5%(1,261,000) -58.1% Total Revenues 64,334,000 60,752,000 94.4%64,758,000 58,174,000 89.8%2,578,000 4.4% One-time Revenues noted below - - (1,445,000) (1,445,000) 1,445,000 Total Revenues less one-time items 64,334,000 60,752,000 94.4%63,313,000 56,729,000 89.6%4,023,000 7.1% 2023 vs 2022 Pa g e 7 1 o f 3 1 0 Sales and Use Tax Revenues Other Sales and Use Tax Information 2022 2023 % Change $ Change Refunds 204,000$ 538,000$ 164%334,000$ Unearned Sales Tax-reserved for refunds 2,100,000$ 1,773,000$ 0%(327,000)$ Pa g e 7 2 o f 3 1 0 General Fund Expenditures •Through November 2023, year-to-date expenditures are 86.7% of the Fiscal Year 2023 budget. •Through November 2022, year-to-date expenditures were 89.4% of the total Fiscal Year 2022 expenditures. •Through November 2023, a net of ($3,348,000) has been transferred out of the General Fund. •General Fund expenditures exclude one-time items if noted. Pa g e 7 3 o f 3 1 0 General Fund Expenditures •2023 –no one-time adjustments •2022 –excludes a one-time credit for pension forfeitures $235,000. •2022 –excludes the one-time debt service payment to pay off the COP’s early ($1,418,000). 2023 2022 Expenditures Budget Nov-23 % Budget Dec-22 Nov-22 % YTD $ Diff % Diff Legislation 296,000 226,000 76.4%276,000 201,000 72.8%25,000 12.4% Administration 1,875,000 1,415,000 75.5%1,229,000 1,031,000 83.9%384,000 37.2% City Attorney 1,191,000 876,000 73.6%1,002,000 876,000 87.4%- 0.0% Court 1,634,000 1,168,000 71.5%1,171,000 1,014,000 86.6%154,000 15.2% Human Resources 1,099,000 938,000 85.4%1,483,000 1,157,000 78.0%(219,000) -18.9% Finance 2,185,000 1,725,000 78.9%1,883,000 1,663,000 88.3%62,000 3.7% Information Technology 4,748,000 4,102,000 86.4%3,779,000 3,420,000 90.5%682,000 19.9% Community Development 3,157,000 2,518,000 79.8%3,086,000 2,499,000 81.0%19,000 0.8% Public Works 11,170,000 10,148,000 90.9%7,943,000 6,961,000 87.6%3,187,000 45.8% Police 18,756,000 15,995,000 85.3%15,923,000 14,200,000 89.2%1,795,000 12.6% Fire and Emergency Management 7,704,000 7,542,000 97.9%7,423,000 7,280,000 98.1%262,000 3.6% Parks, Recreation and Library 10,056,000 8,640,000 85.9%8,303,000 7,410,000 89.2%1,230,000 16.6% Communications 932,000 826,000 88.6%829,000 641,000 77.3%185,000 28.9% Debt Service 138,000 145,000 105.1%2,974,000 2,978,000 100.1%(2,833,000) -95.1% Contingency 520,000 459,000 88.3%228,000 207,000 90.8%252,000 0.0% Total Expenditures 65,461,000 56,723,000 86.7%57,532,000 51,538,000 89.6%5,185,000 10.1% One-time Expenditures noted below - - (1,183,000) (1,183,000) 1,183,000 Total Expenditures less one-time items 65,461,000 56,723,000 86.7%56,349,000 50,355,000 89.4%6,368,000 12.6% 2023 vs 2022 Pa g e 7 4 o f 3 1 0 General Fund Expenditures by Category •The Contractual Services Expenditure category includes items such as the fire and emergency services contract, software maintenance agreements and insurance costs. •The Commodities Expenditure category includes items such as fuel, chemicals and building supplies. •The General Fund Capital Expenditure category is primarily CERF vehicle replacement costs. Expenditures Budget Nov-23 % Budget 12/31/2022-Actual Nov-22 % YTD $ Diff % Diff Personnel 39,973,000 33,275,000 83.2%33,532,000 29,699,000 88.6%3,576,000 12.0% Commodities 2,415,000 2,067,000 85.6%2,262,000 1,867,800 82.6%199,200 10.7% Contractual Services 19,921,000 18,219,000 91.5%17,777,000 16,127,200 90.7%2,091,800 13.0% Capital 3,014,000 3,017,000 100.1%987,000 866,000 87.7%2,151,000 248.4% Debt Service 138,000 145,000 105.1%2,974,000 2,978,000 100.1%(2,833,000) -95.1% Total Expenditures 65,461,000 56,723,000 86.7%57,532,000 51,538,000 89.6%5,185,000 10.1% One-time Expenditures - - (1,183,000) (1,183,000) 1,183,000 Total Expenditures less one-time items 65,461,000 56,723,000 86.7%56,349,000 50,355,000 89.4%6,368,000 12.6% Operating Surplus (Deficit)(1,127,000) 4,029,000 6,964,000 6,374,000 2023 vs 202220232022 Pa g e 7 5 o f 3 1 0 General Fund Operating Surplus (Deficit) •Through November 2023, year-to-date operating revenues exceeded operating expenditures by $4,029,000. •Through November 2022, year-to-date operating revenues exceeded operating expenditures by $6,374,000. 2023 2022 Revenues Budget Nov-23 % Budget 12/31/2022-Actual Nov-22 % YTD $ Diff % Diff Total Revenues 64,334,000 60,752,000 94.4%64,758,000 58,174,000 89.8%2,578,000 4.4% One-time Revenues - - (1,445,000) (1,445,000) 1,445,000 Total Revenues less one-time items 64,334,000 60,752,000 94.4%63,313,000 56,729,000 89.6%4,023,000 7.1% Expenditures Budget Nov-23 % Budget 12/31/2022-Actual Nov-22 % YTD $ Diff % Diff Total Expenditures 65,461,000 56,723,000 86.7%57,532,000 51,538,000 89.6%5,185,000 10.1% One-time Expenditures - - (1,183,000) (1,183,000) 1,183,000 Total Expenditures less one-time items 65,461,000 56,723,000 86.7%56,349,000 50,355,000 89.4%6,368,000 12.6% Operating Surplus (Deficit)(1,127,000) 4,029,000 6,964,000 6,374,000 2023 vs 2022 2023 vs 202220232022 Pa g e 7 6 o f 3 1 0 General Fund Transfers 2023 Transfers into the General Fund From the Public Improvement Fund for debt service 138,000$ Total transfers into the General Fund 138,000 2023 Transfers out of the General Fund To the Public Improvement Fund for Dartmouth Bridge (2,175,000) To the Capital Projects Fund for new employee IT costs (60,000) To the Public Improvement Fund for other capital projects (1,000,000) To the Englewood Downtown Development Authority-sales tax (251,000) Total transfers out of the General Fund (3,486,000)$ Net General Fund Transfers (3,348,000)$ Pa g e 7 7 o f 3 1 0 General Fund –Fund Balance Composition 2019 2020 2021 2022 2023 YTD Actual Balances Beginning total fund balance $ 20,418,000 $ 22,131,000 $ 24,936,000 $ 17,043,000 $ 24,158,000 Net change in fund balance 1,713,000 2,805,000 (7,893,000) 7,115,000 681,000 Ending total fund balance 22,131,000 24,936,000 17,043,000 24,158,000 24,839,000 Designated fund balance TABOR - Restricted (1,730,000) (1,720,000) (1,800,000) (2,100,000) (2,100,000) LTAR - Committed (4,995,000) (4,995,000) (95,000) (95,000) (95,000) ARPA funding - Restricted for specific projects - - (404,000) (360,000) (360,000) Stadium District refund - Restricted for youth activities - - - (1,119,000) (502,000) Unrestricted Reserve = 16.7% of total revenues (8,614,000) (8,985,000) (9,258,000) (10,840,000) (10,801,000) Total designated fund balance (15,339,000) (15,700,000) (11,557,000) (14,514,000) (13,858,000) Unassigned fund balance 6,792,000$ 9,236,000$ 5,486,000$ 9,644,000$ 10,981,000$ $6.8 $9.2 $5.5 $9.6 $11.0 $8.6 $9.0 $9.3 $10.8 $10.8 $1.1 $0.5 $0.4 $0.4 $5.0 $5.0 $0.1 $1.7 $1.7 $1.8 $2.1 $2.1 $0.0 $2.5 $5.0 $7.5 $10.0 $12.5 $15.0 $17.5 $20.0 $22.5 $25.0 $27.5 $30.0 2019 2020 2021 2022 2023 YTD Unassigned fund balance Unrestricted Reserve = 16.7% of total revenues Stadium District refund - Restricted for youth activities ARPA funding-Restricted LTAR - Committed TABOR - Restricted Pa g e 7 8 o f 3 1 0 Englewood Environmental Foundation Dissolution •Englewood Environmental Foundation (EEF) dissolution and impacts on the General Fund •2023 Impacts •EEF resigned as property manager for the Common Area Maintenance (CAM) on August 2, 2023; however, not effective until November 2, 2023 •The lease agreement between the City and EEF has been terminated. •As of November 2, 2023 all EEF assets have been transferred to the City including: •The titles to all properties and all physical assets including land, buildings, equipment and infrastructure with a net book value (purchase value less depreciation) totaling $9,899,554 •The remaining EEF cash and receivable balances have also been transferred to the city’s General Fund in the amount of $1,093,058 Pa g e 7 9 o f 3 1 0 Englewood Environmental Foundation Dissolution •2023 Impacts continued •Effective November 3, 2023, all CAM related expenditures and revenues will be accounted for in the General Fund Public Works Department •Public Works may require a 2023 budget supplemental to cover new CAM costs from November 3, 2023 through December 31, 2023 (~April/May 2024) •2024 Impacts •The 2024 CAM budget including both revenues and expenditures is being formulated and will require a budget supplemental to increase the General Fund Public Works Department budget Pa g e 8 0 o f 3 1 0 Appendix -Area Sales Tax Slides Pa g e 8 1 o f 3 1 0 City of Englewood Sales Tax Area Map Pa g e 8 2 o f 3 1 0 YTD Sales and Use Tax Collections by Area 2019-2023 Pa g e 8 3 o f 3 1 0 Sales and Use Tax Revenues Pa g e 8 4 o f 3 1 0 YTD Sales and Use Tax Collections by Area Business Area $ YTD Variance CY vs PY % YTD Variance CY vs PY YTD New Businesses YTD Closed Businesses YTD Net New (Closed) Businesses Comments Area 1 (70,430)$ -2.10%25 (21) 4 Area 2 (223,422) -7.95%19 (24) (5) Area 3 344,070 10.67%34 (30) 4 Area 4 257,867 18.19%3 (3) - Area 5 (235,600) -13.46%5 (8) (3) Area 6 480,879 9.44%98 (88) 10 Area 7 582,135 4.48%795 (714) 81 Contains opened and closed businesses that are not within the city limits. Area 8 288,163 18.13%- - - Area 13 247,076 69.94%3 (1) 2 Area 14 919,628 57.04%8 (3) 5 Marketplace Facilitators were added to this area in 2022. Regular Use 51,100 2.16%N/A N/A N/A Use tax revenue fluctuates depending on the timing of when businesses replace large ticket items such as operating machinery and equipment. If items purchased outside of Englewood at a local tax rate less than 3.8%, then the tax payer is liable for the difference between the local tax paid and 3.8% tax due. Totals 2,641,467$ 7.23%990 (892) 98 Pa g e 8 5 o f 3 1 0 Area 1 Sales Tax CityCenter (Formerly Cinderella City) 3,415,557 3,238,170 3,372,442 3,352,360 3,281,930 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 2019 2020 2021 2022 2023 Pa g e 8 6 o f 3 1 0 Area 2 Sales Tax South of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman 2,210,122 2,216,488 2,405,350 2,809,847 2,586,426 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 2019 2020 2021 2022 2023 Pa g e 8 7 o f 3 1 0 Area 3 Sales Tax South of Jefferson Ave/US 285 between Bannock & Sherman -north side of Belleview between Logan & Delaware 2,389,512 2,623,345 2,936,201 3,225,172 3,569,241 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 2019 2020 2021 2022 2023 Pa g e 8 8 o f 3 1 0 Area 4 Sales Tax Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City Limits) 1,164,047 1,136,391 1,203,641 1,417,314 1,675,181 0 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 2019 2020 2021 2022 2023 Pa g e 8 9 o f 3 1 0 Area 5 Sales Tax Federal and Belleview west of Santa Fe Drive 1,670,966 2,016,761 1,941,837 1,750,826 1,515,226 0 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 2,000,000 2,250,000 2019 2020 2021 2022 2023 Pa g e 9 0 o f 3 1 0 Area 6 Sales Tax All other City locations 3,999,584 3,746,858 4,074,001 5,092,999 5,573,877 0 750,000 1,500,000 2,250,000 3,000,000 3,750,000 4,500,000 5,250,000 2019 2020 2021 2022 2023 Pa g e 9 1 o f 3 1 0 Area 7 Sales Tax Outside City limits 10,058,408 10,492,183 11,878,228 12,989,434 13,571,569 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 2019 2020 2021 2022 2023 Pa g e 9 2 o f 3 1 0 Area 8 Sales Tax Public Utilities 1,341,894 1,260,709 1,435,983 1,589,417 1,877,580 0 500,000 1,000,000 1,500,000 2,000,000 2019 2020 2021 2022 2023 Pa g e 9 3 o f 3 1 0 Area 13 Sales Tax Hampden Avenue (US 285) and University Boulevard 415,911 370,314 359,047 353,282 600,358 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 2019 2020 2021 2022 2023 Pa g e 9 4 o f 3 1 0 Area 14 Sales Tax Online Sales 131,869 110,588 134,568 1,612,138 2,531,766 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 2019 2020 2021 2022 2023 Pa g e 9 5 o f 3 1 0 Regular Use Tax 2,787,745 2,624,765 2,070,662 2,363,520 2,414,621 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 2019 2020 2021 2022 2023 Pa g e 9 6 o f 3 1 0 MINUTES City Council Regular Meeting Monday, December 18, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic There were no Study Session items. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:05 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 Joe Anderson Council Member Steve Ward Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Tena Prange Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Clerk Harkness Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director Power, Community Development Director Rachael, Public Works Utilities Deputy Director - Business Solutions and Engineering Stone Deputy Director of Engineering Hoos, Public Works Court Administrator Julien Page 1 of 9 Draft Page 97 of 310 City Council Regular December 18, 2023 Capital Project Engineer II Keener, Public Works Capital Project Engineer II Grafman, Public Works Budget Administrator Nolan, Finance Management Fellow Ramsey, City Managers Office Audio Visual Engineer Hessling Officer Douglas, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of December 4, 2023. Moved by Council Member Joe Anderson Seconded by Council Member Steven Ward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 4, 2023 For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward (Seconded By) x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Deputy City Attorney Victoria McDermott was recognized for her appointment to a State Judicial Panel. b) Elizabeth (Liz) Ramsey, Management Fellow, was Recognized. 7 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, was not present. b) Kelly McCloskey, an Englewood resident, was not present. c) Regan Benson addressed Council regarding misuse of City resources. 8 Recognition of Unscheduled Public Comment a) Gary Kozacek, an Englewood resident, addressed Council regarding the referendum lawsuit and City Board and Commission appointments. Mayor Pro Tem Anderson responded to Public Comment Page 2 of 9 Draft Page 98 of 310 City Council Regular December 18, 2023 9 Consent Agenda Items Council Member Wright removed Agenda Items 9(a)(i and iii), Council Member Russell removed Agenda Item 9(a)(ii), and Council Member Ward removed Agenda Item 9(c)(i) from Consent Agenda. Moved by Council Member Nunnenkamp seconded by Council Member Prange to approve Consent Agenda Items 9(b)(i-ii) and 9 (c)(ii-iii.) a) Approval of Ordinances on First Reading i) CB-43 McBroom Ditch Company By-law Amendments [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Kim Wright Seconded by Council Member Rita Russell COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER WRIGHT ORDINANCE APPROVING AMENDMENTS TO THE MCBROOM DITCH COMPANY'S BY-LAWS REGARDING THE PRESIDENT'S DUTIES AND NAMING THE PRESIDENT’S DESIGNEE. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Seconded By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Moved By) x Steven Ward x 7 0 0 Motion CARRIED. ii) CB-72 Mile High Flood District Intergovernmental Agreement Amendment [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Joe Anderson COUNCIL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER RUSSELL Page 3 of 9 Draft Page 99 of 310 City Council Regular December 18, 2023 A BILL FOR AN ORDINANCE APPROVING A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR AND FLOOD HAZARD AREA DELINEATION FOR LITTLE DRY CREEK DOWNSTREAM OF HOLLY DAM BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. iii) CB-73 Denver Water Intergovernmental Agreement for Emergency Interconnects [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 73 INTRODUCED BY ANDERSON A BILL FOR AN ORDINANCE APPROVING A CONTRACT WITH CITY AND COUNTY OF DENVER BOARD OF WATER COMMISSIONERS AUTHORIZING EMERGENCY INTERCONNECTS BETWEEN THE CITY OF ENGLEWOOD AND DENVER WATER’S PORTABLE WATER DISTRIBUTION SYSTEM For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Page 4 of 9 Draft Page 100 of 310 City Council Regular December 18, 2023 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CB-68 Dry Gulch Intergovernmental Agreement Amendment ORDINANCE NO. 68 SERIES OF 2023 (COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER WRIGHT) ORDINANCE APPROVING A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. Motion CARRIED. ii) CB-70 South Englewood Basin Intergovernmental Agreement Amendment ORDINANCE NO. 69 SERIES OF 2023 (COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER ANDERSON) ORDINANCE APPROVING A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH ENGLEWOOD BASIN BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. Motion CARRIED. c) Resolutions and Motions i) Presiding Judge's Salary Resolution [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Chelsea Nunnenkamp Motion to table the Judge's salary until a date uncertain. When this item comes back and is passed the Judge's salary will be prorated to January 1, 2024. Page 5 of 9 Draft Page 101 of 310 City Council Regular December 18, 2023 For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. ii) Resolution to Reappoint Associate Judge Tamra Palmer RESOLUTION NO. 33, SERIES OF 2023 A RESOLUTION APPOINTING TAMRA PALMER AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. Motion CARRIED. iii) Renewal of a Professional Services Agreement with Berg Hill Greenleaf Ruscitti, LLP and renewal of a Professional Service Agreement with Martin and Wood Water Consultants Inc. Approval of a contract for the renewal of a Professional Services Agreement (PSA) with Berg Hill Greenleaf Ruscitti, LLP (BHGR) for water rights legal support in the amount of $565,000 and renewal of a PSA with Martin and Wood Water Consultants Inc. (MWWC) for water resources engineering services, in the amount of $375,000. Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange Motion to approve Consent Agenda Items 9(b)(i-ii) and 9 (c)(ii-iii). For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Page 6 of 9 Draft Page 102 of 310 City Council Regular December 18, 2023 Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional Ordinances on First reading (see 9(a)(i-iii)). b) Approval of Ordinances on Second Reading There were no additional Ordinances on First reading (see 9b(i-ii)). c) Resolutions and Motions i) Contract for Services with Centrisys/CNP for the purchase, installation support and startup services of a dewatering centrifuge Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Approval of a Contract for Services (CFS) with Centrisys/CNP (Centrisys) for the purchase, installation support and startup services of a dewatering centrifuge in the amount of $680,000, including approval to execute any change order(s) to expend a 10% staff-managed contingency of $68,000, for a total project authorization of $748,000. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward (Moved By) x 7 0 0 Motion CARRIED. Page 7 of 9 Draft Page 103 of 310 City Council Regular December 18, 2023 ii) Award of Contract to Felsburg, Holt & Ulevig for the design of the Old Hampden Complete Streets Project Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Kim Wright Approval of a professional services agreement with FHU in the amount of $1,875,965.00 for the design of the Old Hampden Complete Streets Project. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 7 0 0 Motion CARRIED. iii) Design Contract Award to HDR Inc. for the S. Broadway Complete Streets Project Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange Approval of a professional services agreement with HDR, Inc. in the amount of $1,498,658.00 for the design of the S. Broadway Complete Streets Project. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Moved By) x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. 12 General Discussion Page 8 of 9 Draft Page 104 of 310 City Council Regular December 18, 2023 a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:29 p.m. Senior Deputy City Clerk Jackie McKinnon Page 9 of 9 Draft Page 105 of 310 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: January 8, 2024 SUBJECT: Reimbursement of recall election expenditures DESCRIPTION: Reimbursement of recall election expenditures by Mayor Othoniel Sierra, pursuant to C.R.S. 31- 4-504.5 RECOMMENDATION: Consider a Bill for an Ordinance Reimbursement of recall election expenditures by Mayor Othoniel Sierra, pursuant to C.R.S. 31-4-504.5 SUMMARY: On the 16th day of June, 2023, a petition was filed with the Englewood City Clerk, requiring a recall election of Mayor Othoniel Sierra, and the election was held on October 3, 2023. Mayor Sierra was not recalled, and therefore is eligible for reimbursement of certain publication and advertising expenses in the recall under CRS 31-4-504. Mayor Sierra filed a request to be reimbursed for $2,844.09 for the following expenditures:  August 7, 2023 - Access Printing - $426.80 - Door Hangers  August 7, 2023 - Imprint.com - $317.27 - Toppers for existing yard signs  August 28, 2023 - Access Printing - $167.48 - Door Hangers  Sept 21, 2023 - Access Printing - $1932.54 - Mailers + Postage Note: the total amount for reimbursement differs from the letter request, as the letter request inadvertently included the fee for using a credit card as payment. COUNCIL ACTION REQUESTED: Consider a Bill for an Ordinance Reimbursement of recall election expenditures by Mayor Othoniel Sierra, pursuant to C.R.S. 31-4-504.5 FINANCIAL IMPLICATIONS: $2,844.09, cost of reimbursement ATTACHMENTS: Council Bill Request for Reimbursement Invoices for Reimbursement Page 106 of 310 1 BY AUTHORITY ORDINANCE NO._ COUNCIL BILL NO. 1 SERIES OF 2024 INTRODUCED BY __ A BILL FOR AN ORDINANCE AUTHORING REIMBURSEMENT OF CERTAIN RECALL ELECTION COSTS INCURRED BY INCUMBENT WHO WAS NOT RECALLED, PURSUANT TO C.R.S. § 31-4-504.5. WHEREAS, on the 16th day of June, 2023, a petition was filed with the Englewood City Clerk, requiring a recall election of Mayor Othoniel Sierra; and WHEREAS, on the 3rd day of October, 2023, the City held such recall election; and WHEREAS, on the 10th day of October, 2023, the City of Englewood Election Judges certified the recall election results, and Mayor Othoniel Sierra was not recalled; and WHEREAS, C.R.S. § 31-4-504.5(1) states “If at any recall election the incumbent whose recall is sought is not recalled … the municipality may repay the incumbent for any money actually expended...”; and WHEREAS, C.R.S. § 31-4-504.5(2)(a) authorizes reimbursement of expenses, including but not limited to “moneys spent in … in presenting to the voters the official position of the incumbent, to include campaign literature and advertising and the maintaining of a campaign headquarters”; and WHEREAS, C.R.S. § 31-4-504.5(3) requires the incumbent recall candidate to “file a complete and detailed request for reimbursement with the governing body of the municipality … which shall then review the reimbursement request for appropriateness … and, in the event the municipality has determined by ordinance to repay such expenses, such municipality shall repay such expenses within forty-five days of receipt of the request”; and WHEREAS, Mayor Othoniel Sierra submitted a request for reimbursement to the City Attorney’s Office on the 20th day of December, 2023; and WHEREAS, the City Attorney’s Office has reviewed the submittal and supporting invoices, and determined the expenses are reimbursable under C.R.S. § 31-4- 504.5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 107 of 310 2 Section 1. Pursuant to C.R.S. § 31-4-504.5, the City Council of Englewood, Colorado, hereby authorizes reimbursement of $2,844.09 to Mayor Othoniel Sierra for recoverable expenses incurred regarding the October 3, 2023 unsuccessful recall election. Section 2. 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 Page 108 of 310 3 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. Page 109 of 310 Hello Tamara, As part of my defense of the recall leading up to the election on October 3rd, I expensed the following items as part of my defense. As part of State Law, I believe these items should be reimbursed to me. ● August 7, 2023 - Access Printing - $421.20 - Door Hangers ● August 7, 2023 - Imprint.com - $317.27 - Toppers for existing yard signs ● August 28, 2023 - Access Printing - $174.10 - Door Hangers ● Sept 21, 2023 - Access Printing - $2008.88 - Mailers + Postage Please let me know if you have any questions Tamara. Best, Othoniel Page 110 of 310 Access Printing 3384 S Broadway Englewood, CO 80113 US 303-789-7636 jenny@accessprint.biz www.accessprint.biz Invoice 9041 BILL TO Othoniel Sierra DATE 08/02/2023 PLEASE PAY $0.00 DUE DATE 08/02/2023 ACTIVITY QTY RATE AMOUNT Postcard 4.25" x 11" 4/4 Qty: 1,250 1 395.00 395.00T SUBTOTAL 395.00 TAX 31.80 TOTAL 426.80 PAYMENT 426.80 TOTAL DUE $0.00 Thank you! THANK YOU. Page 111 of 310 Access Printing 3384 S Broadway Englewood, CO 80113 US 303-789-7636 jenny@accessprint.biz www.accessprint.biz Invoice 9133 BILL TO Othoniel Sierra DATE 08/25/2023 PLEASE PAY $0.00 DUE DATE 08/25/2023 ACTIVITY QTY RATE AMOUNT Postcard 4.25" x 11" 4/4 Qty: 200 1 155.00 155.00T SUBTOTAL 155.00 TAX 12.48 TOTAL 167.48 PAYMENT 167.48 TOTAL DUE $0.00 Thank you! THANK YOU. Page 112 of 310 Access Printing 3384 S Broadway Englewood, CO 80113 US 303-789-7636 jenny@accessprint.biz www.accessprint.biz Invoice 9174 BILL TO Othoniel Sierra DATE 09/15/2023 PLEASE PAY $0.00 DUE DATE 09/20/2023 ACTIVITY QTY RATE AMOUNT Postcard Qty: 5K 4/4 4" x 6" 1 475.00 475.00T Mailer-Handling Addressing 1 397.00 397.00T Postage Qty: 1,761 1 990.34 990.34 SUBTOTAL 1,862.34 TAX 70.20 TOTAL 1,932.54 PAYMENT 1,932.54 TOTAL DUE $0.00 Thank you! THANK YOU. Page 113 of 310 Netbrands Media Corp. 14550 Beechnut St. Houston, TX 77083 INVOICE Order #IMA7A1ECA299 Order Time:08/06/23 12:27 PM Bill To Mr. Othoniel Sierra 2901 S Logan St Englewood, CO 80113 Email: othoniel.sierra@gmail.com Ship To Mr. Othoniel Sierra 2901 S Logan St Englewood, CO 80113 Phone: (303) 717-7364 #Order Items Qty Total 1 Custom 18" x 24" Yard Signs Material: Corrugated Plastic Number Of Imprint Colors: 1 Imprint Color Print Position: Both Front And Back Artwork Type: Upload My Artwork Artwork: Artworks/kawfdyu0km5gjnlqktio Proof Charge: No Estimated Delivery Date: Friday Aug 11, 2023 [+3.65] (RUSH) (4) * 50 SHIPPED/PICKED UP $341.05 ¹ All of production time and shipping time are in business days. Production starts from the day that all of the production requirements are satisfied. * The selected delivery date is only an estimation assuming the order experiences no delay due to order waiting for approval, proof request, incomplete payment, or any other issue that needs to be confirmed and resolved. *** All checks require the order number to be written on the check's memo. Any check without the order number will be deposited but the order will not go in production until identified. Production will start after the check has cleared the bank and the order is identified. **** Please verify your shipping address carefully upon the receipt of this invoice. Any address change or address correction requested after the order goes into the production might not be guaranteed and requires an additional charge of $35 per tracking number, which will also be automatically charged to the original payment form if the shipping carrier(s) identifies the incomplete or incorrect address issue and successfully makes the correction for the shipment delivery. ***** Customers will assume complete responsibility to obtain all required permissions for the legal reproduction of logos, trademarks, copyrights and from local or government authorities for the use, display, and distribution of the products. By agreeing to print any submitted artwork, Netbrands Media Corp, doing business as Imprint.Com, will not be held liable under any circumstances. ****** By approving your order and the invoice, you have agreed to our Terms & Conditions. SUBTOTAL $341.05 COUPON DISCOUNT -$23.78 HANDLING & FEES $0.00 SALES TAX $0.00 ORDER TOTAL $317.27 #Transaction Date Type Reason Amount Reference 1 8/6/23 12:27 PM CHARGE $317.27 Visa x-3045 Page 1 of 1Imprint.Com 14550 Beechnut St. , Houston, TX 77083. 1-800-530-6218 Page 114 of 310 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: January 8, 2024 SUBJECT: 2024 Mill Levy Amendment Emergency Ordinance DESCRIPTION: 2024 Mill Levy Amendment Emergency Ordinance RECOMMENDATION: Staff requests City Council to approve the Ordinance amending the 2023 Mill Levy Rate from 2.100 to 2.182 for property tax collections in 2024 to fund the GO bond payment for the Englewood Police headquarters. PREVIOUS COUNCIL ACTION:  October 2, 2023 - City Council approved the Property Tax Mill Levy Ordinance No. 57, Series 2023 SUMMARY: A special state legislative session was held after the November 2023 election when the voters did not pass ballot measure HH. The purpose of this special legislative session was to alleviate the expected 2023 property tax increases (collected in 2024) due to the price increases in home values. The Colorado General Assembly prepared and supported the temporary Property Tax Relief Senate Bill 2023B-001 that was signed by the Governor Polis on Monday, November 20, 2023. The main provisions of this bill includes the following for property tax years commencing on January 1, 2023 for which property taxes are collected in 2024: Real Property Classification Current Temporary Reduction in the Residential Assessment Rate Revised Temporary Reduction in the Residential Assessment Rate Temporary Reduction in Actual Property Value Multi-Family Residential 6.765% 6.700% Minus the lessor of $55,000 or amount that causes the assessment property valuation Residential 6.765% 6.700% Minus the lessor of $55,000 or amount that causes the assessment property valuation Page 115 of 310 The assessment rate converts the actual property valuation to the assessed property valuation. Property Tax Revenue = (actual property valuation X assessment rate) X (mill levy / 1000), or Property Tax Revenue = (assessed property valuation) X (mill levy / 1000) Arapahoe County informed the city in the attached letter dated November 28, 2023 that the December 10, 2023 deadline to re-certify the value for all taxing authorities was pushed to January 3, 2024 and the local government's deadline of December 15, 2023 to certify its mill levy to the county was extended to January 10, 2024. ANALYSIS: Following is the information from Arapahoe County providing the revised assessed property valuation: General Fund Mill Levy Original Revised Difference Assessed Property Valuation $1,089,399,293 $1,035,091,635 ($54,307,658) Mill Levy 5.880 5.880 0.000 Estimated Property Tax Revenue $6,300,000 $6,086,000 ($214,000) Debt Service Fund Mill Levy Original Revised Difference Assessed Property Valuation $1,089,399,293 $1,035,091,635 ($54,307,658) Mill Levy 2.100 2.182 0.082 Estimated Property Tax Revenue $2,250,000 $2,250,000 $0.00 COUNCIL ACTION REQUESTED: Staff recommends City Council approve the Revised 2023 Mill Levy Ordinance that increased the Debt Service Mill Levy from 2.100 to 2.182. This mill levy increase will generate sufficient funds for the 2024 debt service requirement of approximately $2,233,300. FINANCIAL IMPLICATIONS: The General Fund and Debt Service Funds Property Tax Revenue Estimated are affected as follows:  General Fund o General Government Mill Levy remains at 5.880 o Property Tax Revenue Estimate decreases $214,000; from $6,300,000 to $6,086,000 Page 116 of 310  Debt Service Fund o Police Headquarter Construction General Obligations Bonds Mill Levy increases from 2.100 to 2.182 o Property Tax Revenue Estimate remains the same at $2,250,000 CONNECTION TO STRATEGIC PLAN: First reading of the revised 2023 mill levy debt service ordinance supports the Strategic's Plan Governance result/outcome  Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable OUTREACH/COMMUNICATIONS: NA ATTACHMENTS: Ordinance Page 117 of 310 1 ORDINANCE NO. _____ COUNCIL BILL NO. 2 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 57, SERIES OF 2023, FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, on the 2nd day of October, 2023, the City Council adopted Ordinance No. 57, Series of 2023, setting the City’s 2024 tax levy, as required by Englewood City Charter 89; and WHEREAS, on the 20th day of November, 2023, Colorado Governor Jared Polis signed into law SB23B-001, a property tax relief bill that lowered the Englewood property valuations upon which the City tax levy established by Ordinance No. 57 was based; and WHEREAS, on November 8, 2016, Englewood citizens approved Ballot Issue No. 2C, approving the issuance of General Obligation bonds to construct a new Englewood Police Department headquarters building and requiring the City to levy ad valorem property taxes “sufficient in each year to pay the principial … and interest on such debt”; and WHEREAS, on the 3rd day of January, 2024, the City of Englewood received updated property valuations as mandated by SB23B-001, and the mill levy of 2.100 established by Ordinance No. 57, Series of 2023 is insufficient to pay the principal and interest on the General Obligation bonds issued under Ballot Issue No. 2C; and WHEREAS, the City of Englewood is required to certify its tax levy to Arapahoe County no later than January 10, 2024; and WHEREAS, in order to comply with Ballot Issue No. 2C requiring a specific tax levy and Englewood Charter 89 requiring the tax levy be set by ordinance, and to meet the Arapahoe County mill levy certification deadline, the City of Englewood must adopt an emergency ordinance for the immediate preservation of public property; and WHEREAS, the following levy is permitted under Article X, Section 20 of the Colorado Constitution without additional vote by the citizens. Page 118 of 310 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2023, due and payable as required by statute in the year 2024, a tax of 2.182 mills on the dollar for the Englewood Police Headquarters General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Section 2. Unless specifically amended by Section 1 above, all other provisions of Ordinance No. 57, Series of 2023, shall be in full force and effect and unchanged by this Ordinance. Section 3. Emergency Declaration. The City Council of the City of Englewood hereby finds, determines and declares that an emergency exists under Charter 41, and that this ordinance is necessary for the immediate preservation of public property, health, welfare, peace or safety for the reasons enumerated in the introductory paragraphs of this ordinance, which are incorporated into this Section 3 by reference. The City Council further determines that the adoption of this ordinance as an emergency ordinance is in the best interest of the citizens of the City of Englewood, and the only available avenue to comply with voter directives, City Charter 89, and state-imposed deadlines for tax levy certification. Section 4. 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. 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. C. 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. Page 119 of 310 3 D. 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 and passed on first reading on the 8th day of January, 2024; and on second reading, in identical form to the first reading, on the 9th day of January, 2024. 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 an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published within seven days after final passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective immediately upon final passage. Stephanie Carlile Page 120 of 310 ARAPAHOE COUNTY COUNTY ASSESSOR COUNTY TREASURER Administration Building 5334 South Prince St. L'ttlt ,Cl d 80120MEMORANDUM'° arapahoegov.com To:Arapahoe County municipalities and special districts 7 From:Assessor PK Kaiser and Treasurer Michael Westerberg Date:November 28,2023 Subject:2023 Property Tax Relief affecting municipalities and special districts At the November Special Session,the Colorado Legislature passed Senate Bill 23B—00‘l,“2023 Property Tax Relief,”that will affect municipalities and special districts in two ways.First,it will have an impact on the taxable value of taxing authorities.Second,it will adjust key dates for the adoption of the budget,the certification of tax levies,and the submission of those tax levies to the County. The bill reduces the assessment rate for residential property from 6.765%to 6.7%for Property Year 2023.It also increased the amount of a home’s value that is exempt from taxation to $55,000 from $15,000.These changes will undoubtedly decrease the taxable value for taxing authorities, which may impact your 2024 budget and mill levies. in order to give the Assessor’s Office additional time to re—certify the value for all taxing authori- ties within the County,the Iegislation pushes back the Dec.10,2023,deadline to Jan.3,2024,for notification of changes in the total actual and assessed value.This creates a challenge for end—of— year and beginning-of—year budgets. Pursuant to State statute,all local governments are required to adopt a budget and make appro- priations prior to certifying the mill levy rate prior by Dec.15,2023.For next year,the bill amends the budget adoption to Jan.10 to provide additional time for budget adoption or to create budget amendments and certification of tax levies based on the bills revised provision for taxable value. The bill does not address what should happen regarding spending between the end of the 2023 Fiscal Year and the revised Jan.10,2024 deadline.We urge you to consult your legal counsel about whether adopting and appropriating a budget and certifying a mill levy prior to Dec.31 that would be amended later is a course of action your organization should pursue. Our Assessor’s Office will be working hard to get these revised values to you as soon as possible; however,taxing authorities should make plans based around this new January 2024 deadline. Once final values are certified by the Assessor’s Office,taxing authorities will need to adopt or amend a 2024 budget and certify a tax levy to be submitted to the county no later than Jan.10, 2024.Due to the tight timeframe,it will be extremely difficult for County staff to follow—upwith taxing authorities that do not submit mill levies promptly by Jan.‘I0 as the certification of tax levies is due to the State by Jan.17 and the final tax warrant is due to be completed by the Treasurer’s Office by Jan.24,2024. (continued on other side) Page 121 of 310 The legislature also amended provisions for how the State will backfill property tax amounts for SB22—238and SB23B—O01.We recommend viewing these linked versions which include the corresponding fiscal note.There you’|l find additional information on backfill provisions and other changes in the property tax process for 2023 property taxes that may inform your decision mak- ing and conversations with your governing board and legal counsel. Additional steps: -If you have questions about the property tax valuation process (for 2023 taxes collectible in 2024),please contact the Assessor’s Office at 303-795-4600 or via email. -To submit the certification of tax levies forms prior to the Jan.10 deadline,email the Finance Department at financebudgeting@arapahoegov.com.Please use the new DLG-70 “Certification of Tax Levies for Non—’SchoolGovernments”form from the Colorado Department of Local Affairs. Thank you for your attention to these important changes. Page 122 of 310 Arapahoe PK Kaiser,MBA,MSCounty Colorado'sFirst Assessor OFFICE OF THE ASSESSOR 5334 8.Prince Street Littleton,CO 80120-1136 Phone:303-795-4600December6,2023 TDDI Relay-711 Fax:303—797-1295 www.arapahoegov.com/assessor assessor@arapahoegov.com AUTH 3006 CITY OF ENGLEWOOD ACCOUNTINGDIVISION 1000 ENGLEWOODPARKWAY ENGLEWOODCO 80110 Code #3005 CERTIFICATIONOF VALUATION The Arapahoe County Assessor reports a taxable assessed valuation for your taxing entity for 2023 of: $1,091,049,841 The breakdown of the taxable valuation of your property is enclosed. As further required by CRS 39-5-128(1),you are hereby notified to officially certify your levy to the BoardofCountyCommissionersnolaterthanDecember15. CRS 39-1-111(5)requires that this office transmit a notification by December 10 of any changes tovaluationmadeaftertheoriginalcertification. PK Kaiser,MBA,MS Arapahoe County Assessor enc Page 123 of 310 3006 County Tax Entity Code CERTIFICATION OF VALUATION BY ARAPAHOE COUNTY ASSESSOR New Tax Entity III YES X NO Date:December 6.2023 NAME OF TAX ENTITY:CITY OF ENGLEWOOD USE FOR STATUTORY PROPERTY TAX REVENUE LIMIT CALCULATION("5.5%“LIMIT)ONLY IN ACCORDANCE INITH 39-5-I2l(2)(a)AND 39-5—l28(I ).C.R.S.,AND NO LATER THAN AUGUST 25.THE ASSESSOR CERTIFIESTHE TOTAL VALUATION FOR ASSESSMENTFOR THE TAXABLE YEAR 2023: 1,PREVIOUS YEAR'S NET TOTAL TAXABLE ASSESSED VALUATION:1 $882,277,297 2.CURRENT YEAR'S GROSS TOTAL TAXABLE ASSESSED VALUATION:r 2 $1,091,049,841 3.L_ESS_TOTAL TIF AREA INCREMENTS,IF ANY:3 $55,958,206 4.CURRENT YEAR'S NET TOTAL TAXABLE ASSESSED VALUATION:4 $1,035,091,635 5.NEW CONSTRUCTION:*5 $43,587,607 6.INCREASED PRODUCTION OF PRODUCING MINE:Z 6 $0 7.ANNEXATIONS/INCLUSIONS:7 $0 8.PREVIOUSLY EXEMPT FEDERAL PROPERTY:2 8 $0 9.NEW PRIMARY OIL OR GAS PRODUCTION FROM ANY PRODUCING OIL 9 $0 AND GAS LEASEHOLD OR LAND (29-1-301(1)(b),C.R.S.):CD 10.TAXES RECEIVED LAST YEAR ON OMITTED PROPERTY AS OF AUG.1 (29-10.$4,788 1—3OI(I)(A),C.R.S.).Includes all revenue collected on valuation not previously certi?ed: 11.TAXES ABATED AND REFUNDED AS OF AUG.1 (29-1-30l(l)(a),C.R.S.)and 11.$36,955 (39-I0-I I4(I)(a)(I)(B),C.R.S.): This value re?ects personal property exemptions IF enacted by the jurisdiction as authroizedby Art.X,Sec 20(8)(b),Colo.Constituion New constructionis de?ned as:Taxable real property structures and the personal property connected with the structure. Jurisdictionmust submit to the Division of Local Govemment respective Certi?cationsoflmpact in order for the values to be treaed as growth in the limit calculation; use Forms DLG 52 &52A. Q).lurisdictionmust apply to the Division ot‘Local Government before the value can be treated as growth in the limit calculation;use Fonn DLG 52B. USE FOR TABOR "LOCAL GROWTH"CALCULATION ONLY IN ACCORDANCE WITH ART X,SEC.20,COLO.CONSTITUTIONAND 39-5—I2l(2)(b).C.R.S.,THE ASSESSOR CERTIFIES THE TOTAL ACTUAL VALUATION FOR THE TAXABLE YEAR 2023: 1.CURRENT YEAR'S TOTAL ACTUAL VALUE OF ALL REAL PROPERTY:11 1.$8,850,276,694 ADDITIONS TO TAXABLE REAL PROPERTY 1]-K-++ 2.CONSTRUCTION OF TAXABLE REAL PROPERTY IIVIPROVEMENTS:2.$2I3,I35,535 3.ANNEXATIONS/INCLUSIONS:3.$0 4.INCREASED MINING PRODUCTION:4.$0 5.PREVIOUSLY EXEMPT PROPERTY:5.$35,623,428 6.OIL OR GAS PRODUCTION FROM A NEW WELL:6.$0 7.TAXABLE REAL PROPERTY OMITTED FROM THE PREVIOUS YEAR'S TAX 7.$0 WARRANT:(If land and/or a structure is picked up as omitted property for multiple years, only the most current year's actual value can be reported as omitted property.): DELETIONS FROM TAXABLE REAL PROPERTY 8.DESTRUCTION OF TAXABLE REAL PROPERTY IIVIPROVEMENTS:8.$0 9.DISCONNECTIONS/EXCLUSIONS:9.$0 IO.PREVIOUSLY TAXABLE PROPERTY:10.$2,474,000 II This includes the actual value of all taxable real property plus the actual value of religious,private school,and charitable real property. *Constructionis defined as newly constructedtaxable real property structures. §Includes production from new mines and increases in productionof existing producing mines. IN ACCORDANCEWITH 39-5-128(1),C.R.S.,AND NO LATER THAN AUGUST 25,THE ASSESSOR CERTIFIES TO SCHOOL DISTRICTS: 1.TOTAL ACTUAL VALUE OF ALL TAXABLE PROPERTY I.$0 IN ACCORDANCEWITH 39-5-l28(I .5),C.R.S.,THE ASSESSOR PROVIDES: HBZI-I312 VALUE OF EXEMPT BUSINESS PERSONAL PROPERTY (ESTIMATED):**2,197,411 **The tax revenue lost due to this exempted value will be reimbursedto the tax entity by the County Treasurer in accordance with 39-3-119.5(3),C.R.S. NOTE:ALL LEVIES MUST BE CERTIFIED TO THE COUNTY COMMISSIONERSNO LATER THAN DECEMBER 15. Page 124 of 310 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: January 8, 2024 SUBJECT: Amendments to The McBroom Ditch Company By-laws DESCRIPTION: Amendments to Section 8 of Article I of the By-laws of The McBroom Ditch Company regarding the duties of the President and allow the City as President to name a designee. RECOMMENDATION: Utilities staff recommends City Council approval of Amendments to The McBroom Ditch Company By-laws, Section 8 of Article I, which contain the duties of the President and allow the City as President to name a designee. The Water and Sewer Board recommended Council approve The McBroom Ditch Company By- law Amendments during its November 14, 2023 meeting and recommended the Utilities Director serve as the President's designee subject to the City's procurement policies. PREVIOUS COUNCIL ACTION:  September 18, 2023 – CB-59 Agreements and Temporary Construction Easement for McBroom Ditch Crossing.  October 2, 2023 – CB-59 Agreements and Temporary Construction Easement for McBroom Ditch Crossing. SUMMARY: The City of Englewood (City) is the President and major shareholder of the McBroom Ditch Company. The City operates and maintains the piped McBroom Ditch. The City can convey water from Bear Creek to the Union Avenue Pump Station through the McBroom Ditch pipeline. Ultimately, this water can be treated and delivered to Englewood water customers. Several other shareholders also have water rights on McBroom Ditch. The McBroom Ditch Company was formed in November 1924. The McBroom Ditch Company is governed by a three-member Board and by a set of By-laws, which were last amended in 1927. The proposed 2023 amendments to Section 8 of Article I of the By-lawswill allow the McBroom Ditch Company President, or designee, to have the authority to sign, execute, and acknowledge all contracts, checks, deeds, mortgages, bonds, leases, or other obligations on behalf of the McBroom Ditch Company. On September 18, 2023, the Englewood City Council approved a temporary easement agreement between an apartment complex developer and the McBroom Ditch Company to install a water main crossing below McBroom Ditch. Staff recommends the proposed Page 125 of 310 amendments to the McBroom Ditch Company’s By-laws to allow the City, as the McBroom Ditch President, to designate a qualified individual to execute similar agreements. The President, or designee, will keep the other shareholders fully informed and shall consult with them concerning the business of the McBroom Ditch Company. ANALYSIS: The proposed amendments to the By-laws of the McBroom Ditch Company give the President, or designee, the authority to sign essential documents for more timely business transactions. The City of Englewood’s procurement policies and appropriate levels of approvals will continue to be adhered to and maintained. If approved, the amendment names a Utilities Department position, the Utilities Director, to act as the President’s designee instead of naming an individual, which allows for ease of replacement if the Utilities position becomes vacant. COUNCIL ACTION REQUESTED: Motion to approve, by Ordinance and Council Bill, the amendments to Section 8 of Article I of the By-laws of The McBroom Ditch Company regarding the duties of the President and allow the City as President to name the Utilities Director as the President’s designee subject to the City's procurement policies. FINANCIAL IMPLICATIONS: None. CONNECTION TO STRATEGIC PLAN: Governance:  A city government that is accountable, effective, and efficient Infrastructure:  Proactively, in a cost-effective manner, invests, maintains, and plans to protect water infrastructure Sustainability:  Protection of water resources, including rivers and streams ATTACHMENTS: CB# 43 Contract Approval Summary (CAS) Proposed Revisions Section 8 Article I 1925 By-laws of The McBroom Ditch Company PowerPoint Presentation Page 126 of 310 1 BY AUTHORITY ORDINANCE NO. ` COUNCIL BILL NO. 43 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER WRIGHT ORDINANCE APPROVING AMENDMENTS TO THE MCBROOM DITCH COMPANY'S BY-LAWS REGARDING THE PRESIDENT'S DUTIES AND NAMING THE PRESIDENT’S DESIGNEE. WHEREAS, the City of Englewood (City) is the President and major shareholder of the McBroom Ditch Company (Company), a Mutual Ditch Company incorporated in 1924, that conveys water from Bear Creek to the Union Avenue Pump Station; and WHEREAS, the Company is governed by a three-member Board and a set of By- laws, which were last amended in 1927; and WHEREAS, to operate the Company more efficiently, City staff recommends adopting amendments to the By-laws to allow the City as President, or its designee, to have the authority to sign, execute, and acknowledge all contracts, checks, deeds, mortgages, bonds, leases, or other obligations on behalf of the Company; and WHEREAS, City staff requests that the Council approve the proposed By-law amendments, designate the City’s Utilities Director to serve as designee, and grant the designee full authority to execute essential documents of the Company per the City’s procurement policies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Amendment to the By-laws of The McBroom Ditch Company, in the form substantially the same as that attached hereto. Section 2. The City Council of Englewood, Colorado, hereby designates the Director of Utilities to serve as the President’s designee and grants the designee contracting authority as set forth in the Amendment to Section 8 of the By-laws per the City’s procurement policies. Section 3. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: Page 127 of 310 2 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 128 of 310 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 and passed on first reading on the 18th day of December 2023; and on second reading, in identical form to the first reading, on the ___ day of ____________, 202_. 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 an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 129 of 310 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 11/21/2023 Amendment Amount End Date n/a Amended Contract Amount Total Term in Years n/a Vendor Contact Information: Name Contact Address Phone Email City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services CONTRACT APPROVAL SUMMARY The McBroom Ditch Company By-laws By-laws of The McBroom Ditch Co. $ - $ - $ - 303.762.2571 Chris Edelstein CEdelstein@englewoodco.govUtilities Environmental Compliance Manager Renewal options available Amendment to the By-laws of The McBroom Ditch Co. The City of Englewood (City) is the President and major shareholder of the McBroom Ditch Company. The City operates and maintains the piped McBroom Ditch. The City can convey water from Bear Creek to the Union Avenue Pump Station through the McBroom Ditch pipeline. Ultimately, this water can be treated and delivered to Englewood water customers. Several other shareholders also have water rights on McBroom Ditch. The McBroom Ditch Company was formed in November 1924. The McBroom Ditch Company is governed by a three-member Board and by a set of By-laws, which were last amended in 1927. The proposed 2023 amendments to Section 8 of Article I of the By-laws will allow the McBroom Ditch Company President, or designee, to have the authority to sign, execute, and acknowledge all contracts, checks, deeds, mortgages, bonds, leases, or other obligations on behalf of the McBroom Ditch Company. The proposed amendments to the By-laws of the McBroom Ditch Company give the President, or designee, the authority to sign essential documents for more timely business transactions. The City of Englewood’s procurement policies and appropriate levels of approvals will continue to be adhered to and maintained. If approved, the amendment names the Utilities Director to act as the President’s designee instead of naming an individual, which allows for ease of replacement if the Utilities position becomes vacant. Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) Chris Edelstein n/a Page 130 of 310 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: n/a NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 131 of 310 I. THEREFORE, BE IT RESOLVED, That Sec�on 8 of Ar�cle I of the By-Laws of The McBroom Ditch Company be amended to read as follows (new provisions in underline, deleted provisions struck through): Sec�on 8. It shall be the duty of the President, in connec�on with the Board of Directors, to cause the ditch to be cleaned and repaired annually at the �me of turning the water into the headgate and to keep said ditch in proper repair during all of the �me water is running through the same, provided said President and Board of Directors shall no�fy all owners and stockholders and each owner and stock- holder shall, at his expense, keep the segment of said ditch running through his land in good repair and shall, during the irriga�on season, keep said ditch clean and free from weeds, moss or other impediments to the flow of water; and in case said owner or stockholder fails to repair and clean said ditch, a�er five days no�ce, then the President, "in connec�on with the Board of Directors, may cause said ditch to be properly repaired and cleaned and all expense therefor shall be levied as an assessment against the stock of said owner, which assessment may be collected as in these By-Laws set forth. The President, or their designee, shall have general charge of and direct the opera�ons of the McBroom Ditch Company, subject to the control of the Board of Directors, and shall keep the Managers fully informed and shall consult with them concerning the business of the McBroom Ditch Company. The President, or their designee, shall have the authority to sign, execute, and acknowledge all contracts, checks, deeds, mortgages, bonds, leases, or other obliga�ons on behalf of the McBroom Ditch Company as the President, or their designee, may deem necessary or proper in the course of the McBroom Ditch Company’s regular business, or which shall be authorized by the Board of Directors. The President, or their designee, may sign in the name of the McBroom Ditch Company reports and all other documents or instruments that are necessary or proper in the course of the McBroom Ditch Company’s business. 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'psAo1:ssp10 :so1ussqsAeqdyqszsumo;oss:e3;;;:1soBu;:s;xsszsqm‘d;qs1sumo qao:sgo1s;sue1:Jo;uo;s;Ao1donssxem‘?uedmogqaqgqmoozgou 9%30Smeiwiasq:J0‘AI9‘[3‘.i31V:001uornoes‘svznmam :s1sp1oqxoo:ssq:Aqps:oASensne1—Kgsq:o::usmpusme Su;mo{{o;sq:‘LL61‘1sqmsAoNgoq:;sq:uop1sqKusdmogqo:;q moozgawsq;:0s1sp1oqxao:ssq:goEu1:ssm1e[nBs1sq::v Page 141 of 310 McBroom Ditch Company By-Laws Amendment Presented By Englewood Utilities and South Platte Renew Director, Pieter Van Ry Utilities Deputy Director – Business Solutions and Engineering, Sarah Stone Pa g e 1 4 2 o f 3 1 0 •Formed in 1924 •Conveys water from Bear Creek to the Union Ave. Pump Station •City of Englewood is the President and major shareholder •5 shareholders Background Pa g e 1 4 3 o f 3 1 0 •By-laws last amended in 1927 •2023 amendment is to Section 8 of Article I •Allows the President, or their designee, the authority to sign, execute, and acknowledge •Names the Utilities Director as the President’s designee Background Pa g e 1 4 4 o f 3 1 0 Proposed Amendment •All original provisions of the By-laws will remain without revision •New provisions •The President, or their designee, shall: •Have general charge of and direct the operations of the McBroom Ditch Company •Keep the Manager's fully informed and consult with them concerning business of the McBroom Ditch Company •Have the authority to sign, mortgages, leases,other obligations, reports, and all other documents or instruments necessary or proper for business operations •Water and Sewer Board recommended City Council approval during its November 14, 2023 meeting Pa g e 1 4 5 o f 3 1 0 Questions? Pa g e 1 4 6 o f 3 1 0 Thank you Pa g e 1 4 7 o f 3 1 0 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Devin Keener, Tim Hoos DEPARTMENT: Public Works DATE: January 8, 2024 SUBJECT: Little Dry Creek Major Drainageway Plan (MDP) and Flood Hazard Area Delineation (FHAD) Intergovernmental Agreement (IGA) Amendment #1 DESCRIPTION: Approval of an amendment to an Intergovernmental Agreement (IGA) with the Mile High Flood District (MHFD) RECOMMENDATION: Staff recommends that the City Council approve an Amendment to an Intergovernmental Agreement (IGA) between the Mile High Flood District (MHFD) and the City of Englewood for the facilitation and delivery of the Little Dry Creek Major Drainageway Plan (MDP) and Flood Hazard Area Delineation (FHAD) in the amount of $100,000.00, split evenly between the City and MHFD. PREVIOUS COUNCIL ACTION: Council approved the original IGA through Council Bill #40 on October 4, 2021. SUMMARY: This proposed IGA amendment between the MHFD and the City of Englewood has been requested by the MHFD to refine and finalize the hydrology, floodplain mapping and suggested drainage improvements along Little Dry Creek downstream of Clarkson Street within the Englewood city limits. The last Major Drainageway Plan (MDP) and Flood Hazard Area Delineation (FHAD) for Little Dry Creek was completed in 1974. Over the years, development has encr oached into and around the Little Dry Creek floodplain and numerous modifications to the stream have been constructed but not modeled and mapped. This MDP will utilize updated rainfall (hydrologic) data to create more defined floodplain mapping and identify suggested drainage improvements along Little Dry Creek. The purpose of the new MDP along Little Dry Creek is to identify and resolve deficiencies associated with major drainage, stormwater infrastructure, and flood control management within the Englewood city limits. Deficiencies will be noted in the final report so that the City may prioritize suggested flood control projects along Little Dry Creek and properly regulate development within the Little Dry Creek floodplain. The FHAD will tie into a recently completed Cherry Hills Village Flood Study of Little Dry Creek upstream of the Englewood city limits and will provide Englewood property owners a more accurate and up-to-date map of their flood risk. Page 148 of 310 ANALYSIS: It has been nearly 50 years since Little Dry Creek was studied in detail within the Englewood city limits. Given that a portion of this stream runs through the core of Englewood, including the downtown business district, it is appropriate for the city to re-analyze Little Dry Creek's flood risk and determine mitigation measures to ensure the proper functioning of the stream during storm events. With this IGA, the City will receive an updated Flood Hazard Area Delineation (FHAD) for Little Dry Creek and a Major Drainageway Plan (MDP) that will provide prioritized flood control projects that the City can choose to undertake in the future. MHFD and the city are currently in the process of completing a city-wide MDP & FHAD for all all local drainage basins that originate within the City limits. The Little Dry Creek Basin was not included in the scope of work for that study since it crosses multiple jurisdictional boundaries. Similarly, Big Dry Creek runs through the City but originates outside the City limits. That drainage basin MDP was updated in 2020. Therefore, upon completion of the Little Dry Creek MDP as well as the city-wide one, all drainage basins that are fully or partially within the City limits will have a current plan in place. This will allow the city to make informed decisions regarding future drainage improvements. MHFD has selected Dewberry as the engineering consultant for the creation of the Little Dry Creek MDP and FHAD. Dewberry is the consultant currently working on the city-wide MDP update and has extensive experience in this type of work. MHFD will provide project management services and City staff will provide project oversight and guidance. COUNCIL ACTION REQUESTED: Staff recommends that the City Council approve an Ordinance for the IGA Amendment with MHFD to obtain the $50,000 in MHFD matching funds, as well as project management services from MHFD for the completion of this project. FINANCIAL IMPLICATIONS: The additional project funding will be $100,000.00 for the finalization of the Little Dry Creek drainageway master plan and Flood Hazard Area Delineation (FHAD). The breakdown of project funding is as follows: Original IGA Contribution Current IGA Contribution Total Contribution MHFD $115,000 $50,000 $165,000 City of Englewood $45,000 $50,000 $95,000 Total $160,000 $100,000 $260,000 The City of Englewood portion of the cost is to be funded from the Stormwater Fund G/L account number 42-1607-61201 Other Improvements which has sufficient budget to pay for the City's share of the cost. . CONNECTION TO STRATEGIC PLAN: Strategic Outcome: Safety A city that protects its people, infrastructure and built environment Page 149 of 310  Build, maintain, replace, and fund a quality storm drainage system  Provide community resiliency against human-made and natural disasters Strategic Outcome: Sustainability A city that protects its natural environment  Storm water quality  Consider long-term sustainability in infrastructure OUTREACH/COMMUNICATIONS: Public outreach will be conducted by MHFD after the study and mapping have been completed. MHFD will notify citizens of potential changes to their flood risk. ATTACHMENTS: Council Bill #72 Presentation Ordinance 44, Series of 2021 Contract Approval Summary Little Dry Creek IGA Amendment Page 150 of 310 1 BY AUTHORITY ORDINANCE NO. _ COUNCIL BILL NO. 72 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER RUSSELL ORDINANCE APPROVING A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR AND FLOOD HAZARD AREA DELINEATION FOR LITTLE DRY CREEK DOWNSTREAM OF HOLLY DAM BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the Urban Drainage and Flood Control District d/b/a Mile High Flood District (“District”) and the City of Englewood (“City”) entered into an "Agreement Regarding Funding of Flood Hazard Area Delineation for Major Drainageway Planning Study for and Flood Hazard Area Delineation for Little Dry Creek downstream of Holly Dam, City of Englewood" (Agreement No. 21-08.10A) dated December 21, 2021, (“AGREEMENT”) which was approved by City Council as Ordinance No. 44, Series of 2021; and WHEREAS, the District and the City now desire to add services not covered by the Agreement which require additional funds to complete the project; and WHEREAS, the District and the City desire to increase the level of funding by $100,000, to be split equally among the parties for an additional City contribution of $50,000; and WHEREAS, the Parties desire to enter into a First Amendment to the Agreement memorializing the financial participation of the parties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the First Amendment to an Intergovernmental Agreement Regarding Funding of Flood Hazard Area Delineation for Major Drainageway Planning Study for and Flood Hazard Area Delineation for Little Dry Creek downstream of Holly Dam, City of Englewood (Agreement No. 21-08.10A), Project No. 108567, between the Urban Drainage and Flood Control District and the City of Englewood, in the form substantially the same as that attached hereto. Section 2. 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 Page 151 of 310 2 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 Page 152 of 310 3 Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 18th day of December 2023; and on second reading, in identical form to the first reading, on the ___ day of ____________, 202_. 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 an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 153 of 310 Approval of an IGA amendment with the Mile High Flood District (MHFD) for the facilitation and delivery of a Major Drainageway Plan (MDP) and Flood Hazard Area Delineation (FHAD) on Little Dry Creek Presented By: Tim Hoos –Deputy Director of Public Works –Engineering and Asset Management Pa g e 1 5 4 o f 3 1 0 Purpose of the IGA Amendment •Provide additional $50,000 in matching funds to finalize the Little Dry Creek Major Drainageway Plan (MDP) and Flood Hazard Area Delineation (FHAD). •Project Scope: •Update to reflect recently updated NOAA Atlas Rainfall Data •Update floodplain limits and notify property owners of current flood risks •Major Drainageway Plan to determine future flood mitigation projects Pa g e 1 5 5 o f 3 1 0 Location Project Limits (S Clarkson St to South Platte River) 285285 S C L A R K S O N S T Pa g e 1 5 6 o f 3 1 0 •Funding for this project: •Funding for the city’s portion is available in the Stormwater Fund G/L account number 42-1607-61201 Other Improvements. Project Funding Funding Source Original Amount Amendment #1 Amount Total City of Englewood Contribution $45,000 $50,000 $95,000 Mile High Flood District (MHFD) Contribution $115,000 $50,000 $165,000 Total $160,000 $100,000 $260,000 Pa g e 1 5 7 o f 3 1 0 Summary •Staff recommends City Council approve a Bill for an Ordinance to amend an Intergovernmental Agreement with the Mile High Flood District (MHFD) to facilitate and deliver an updated Major Drainageway Plan and Flood Hazard Area Delineation for Little Dry Creek within Englewood City Limits. Pa g e 1 5 8 o f 3 1 0 Questions? Pa g e 1 5 9 o f 3 1 0 1 BY AUTHORITY ORDINANCE NO. 44 COUNCIL BILL NO. 40 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR AND FLOOD HAZARD AREA DELINEATION FOR LITTLE DRY CREEK BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, Urban Drainage and Flood Control District (“DISTRICT”) expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures in Resolution No. 14, Series of 1970; WHEREAS, DISTRICT previously established a Work Program for 2021 (Resolution No. 66, Series of 2020) which includes master planning; WHEREAS, the Englewood City Council passed Ordinance No. 27, Series of 2020 approving an intergovernmental agreement with DISTRICT for the design, right-of-way acquisition, and construction of drainage and flood control improvements for Little Dry Creek at Broadway; WHEREAS, the City and DISTRICT ("PARTIES") now desire to proceed with development of a drainageway master plan and flood hazard area delineation (“FHAD”) report for Little Dry Creek (hereinafter called the "PROJECT"); WHEREAS, the PARTIES desire to acquire mapping needed to conduct the engineering studies for the PROJECT; WHEREAS, the PARTIES desire to engage an engineer to render certain technical and professional advice and to compile information, evaluate, study, and recommend design solutions to such drainage problems for the PROJECT which are in the best interest of the PARTIES; WHEREAS, the cost of the project is not to exceed $160,000 dollars with the City's contribution being $45,000 dollars, DISTRICT'S contribution being $45,000 and FHAD contribution being $70,000; and WHEREAS, the City Council of the City of Englewood and the Board of Directors of the DISTRICT have authorized by appropriation or resolution, all of PROJECT costs of the respective Parties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 160 of 310 2 Section 1. The City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement Regarding Funding of Major Drainageway Planning for and Flood Hazard Area Delineation for Little Dry Creek Downstream of Holly Dam – Agreement No. 21-08.10, Project No. 108567, between the Urban Drainage and Flood Control District and the City of Englewood, a copy of which is attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the Intergovernmental Agreement Regarding Funding of Major Drainageway Planning for and Flood Hazard Area Delineation for Little Dry Creek Downstream of Holly Dam, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Introduced, read in full, and passed on first reading on the 4th day of October, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of October, 2021 Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of October, 2021 for thirty (30) days. Read by Title and passed on final reading on the 18th day of October, 2021. Published by Title in the City’s official newspaper as Ordinance No. 44, Series of 2021, on the 21st day of October, 2021. Published by title on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor Page 161 of 310 3 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 44, Series of 2021. Stephanie Carlile Page 162 of 310 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount (City Share)Start Date 1/1/2024 Amendment Amount (City Share)End Date 12/31/2024 Amended Contract Amount (City Share)Total Term in Years 1.00 Vendor Contact Information: Na Contact Add Phone Email Denver CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Procurement Justification of Contract Work/Services Jon Villines The City will pay Vendor for the work in accordance with the following payment schedule. This schedule will include monthly payments. Monthly payments will be made upon work completed and the approval of the invoice. $ 50,000.00 $ 95,000.00 This IGA amendment between the City and the Mile-High Flood District serves to fund the final design of the Little Dry Creek MDP and FHAD. N/A 80211 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) 303-455-6277 jvillines@mhfd.org 303-913-8696Devin Keener dkeener@englewoodco.govCapital Projects Engineer Renewal options available NA CONTRACT APPROVAL SUMMARY Mile High Flood District (MHFD) 2480 W. 26th Ave. Suite 156 B IGA-Intergovernmental Agreement IGA Agreement $ 45,000.00 Page 163 of 310 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements 42 1607 61201 Little Dry Creek IGA Amendment 21,675,000.00$ 50,000.00$ 21,625,000.00$ Total Current Year Total 21,675,000.00$ -$ 50,000.00$ 21,625,000.00$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 21,675,000.00$ -$ 50,000.00$ 21,625,000.00$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: Storm Drainage Fund - Other Improvements General Ledger Account String NOTES/COMMENTS (if needed): The 2024 42 2020 0602-002 Storm Drainage Fund - Other Improvements has committed $7,483,520.09 out of the $21,675,000.00 2024 budget for the South Englewood Flood Reduction Project and $875,000.00 to the MHFD IGA's for Dry Gulch and S Englewood Basin For Operating Line Item Detail, please review information provided in Tyler New World Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 164 of 310 21-08.10A 1 AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR AND FLOOD HAZARD AREA DELINEATION FOR LITTLE DRY CREEK DOWNSTREAM OF HOLLY DAM CITY OF ENGLEWOOD Agreement No. 21-08.10A Project No. 108567 Agreement Amount $100,000 THIS FIRST AMENDMENT TO AGREEMENT (hereinafter called "FIRST AMENDMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY"); (hereinafter CITY shall be known as "PROJECT SPONSOR" and DISTRICT and PROJECT SPONSOR shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, PARTIES entered into "Agreement Regarding Funding of Flood Hazard Area Delineation for Major Drainageway Planning Study for and Flood Hazard Aread Delineation for Little Dry Creek downstream of Holly Dam, City of Englewood" dated December 21, 2021 (hereinafter called "ORIGINAL AGREEMENT"); and WHEREAS, PARTIES desire to add services not covered by ORIGINAL AGREEMENT which require additional funds to complete PROJECT. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 6. FINANCIAL COMMITMENTS OF PARTIES shall be deleted and replaced as follows: 6. FINANCIAL COMMITMENTS OF PARTIES PARTIES shall each contribute the following percentages and maximum amounts for PROJECT costs as defined in Paragraph 5 of the original IGA: Percentage Share Previously Contributed Additional Contribution Maximum Contribution FHAD Contribution 63%$45,000 $50,000 $95,000 $70,000 37%$45,000 $50,000 $95,000 100.00%$90,000 $100,000 $190,000 Paragraph 7. MANAGEMENT OF FINANCES shall be deleted and replaced as follows: 7.MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may come from its own revenue sources or from funds received from state, Page 165 of 310 21-08.10A 2 federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (CITY - $95.000; DISTRICT - $165,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13 of the original IGA). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 2. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Colorado Uniform Electronic Transactions Act, §§ 24-71.3-101-121, C.R.S. 3. All other terms and conditions of ORIGINAL AGREEMENT shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this FIRST AMENDMENT to be executed by properly authorized signatories as of the date and year written below Page 166 of 310 21-08.10A 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date CITY OF ENGLEWOOD By Name Title Date Page 167 of 310 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: January 8, 2024 SUBJECT: Intergovernmental Agreement with Denver Water for Emergency Interconnects DESCRIPTION: Intergovernmental Agreement (IGA) with Denver Water for Emergency Interconnects. RECOMMENDATION: Utilities staff is seeking City Council approval of an IGA with Denver Water to support emergency interconnects between the City of Englewood (Englewood) and Denver Water’s potable water distribution system. The Water and Sewer Board recommended Council approve the IGA with Denver Water during its October 10, 2023 meeting. PREVIOUS COUNCIL ACTION: None. SUMMARY: Englewood delivers water to a residential and non-transient population of approximately 57,000 through 11,322 service connections from the Allen Water Treatment Plant (WTP) and its associated water distribution system. The Allen WTP is the single drinking water treatment facility for the Englewood Utilities service area. The distribution system is currently isolated from other surrounding water supply systems. Establishing an emergency water interconnection is recommended to connect Englewood to another water supply system that can be activated during an emergency to ensure a continuous and reliable water supply. Disruptions in water supply systems can occur unexpectedly due to equipment failure, water main breaks, contamination events and natural disasters. By approving an IGA and constructing an emergency interconnection between Englewood’s and Denver Water’s distribution systems, a backup water source can be established. This emergency interconnect minimizes the impact on critical services and public health in the event of an emergency that disrupts Englewood’s ability to provide safe drinking water. ANALYSIS: An IGA with Denver Water is required to obtain property easements for the construction of the interconnect infrastructure and to allow for the activation of the emergency interconnections between the two water systems. The IGA outlines the specific locations, terms, and conditions by which Denver Water will assist Englewood in providing water service during emergencies. Page 168 of 310 The proposed IGA will replace a 1982 temporary fire hydrant connection IGA between Englewood and Denver Water. The 1982 IGA is not sufficient to serve Englewood as a backup water supply. Prior to the 1982 IGA, multiple interconnects connected Englewood and Denver Water’s distribution systems. These connections were severed and abandoned, disconnecting the systems when the 1982 IGA was implemented. The new IGA establishes two interconnect locations that can supply 100% of water demand and fire flow for Englewood, if needed. The first interconnect will supply water to Zones 1 and 3 by expanding an existing vault at South Clarkson Street and East Oxford Avenue (Zone 1/3 interconnect), with new piping and equipment installed. A second interconnect will be constructed on South Clarkson Street between East Belleview Avenue and East Layton Avenue (Zone 2 interconnect). This second interconnect will require a new vault, new piping and fittings, and new control equipment. At this location, additional easement acquisition will be required prior to construction. The IGA will be valid for an initial term of five years. It will be automatically extended for additional one-year periods unless either party provides written termination notice at least 60 days prior to each automatic extension. Denver Water has a standard contract for emergency interconnections that extend beyond the boundaries of the City and County of Denver. The IGA encompasses various provisions, including the following key points:  Location of interconnect infrastructure  Use of the interconnections  Terms and conditions of the agreement  Ownership and maintenance responsibilities  Procedure for requesting activation and re-activation of the interconnections  Rate structure for emergency water COUNCIL ACTION REQUESTED: Motion to approve an Ordinance and Council Bill for an Intergovernmental Agreement with Denver Water to support emergency interconnects between the City of Englewood's and Denver Water’s potable water distribution systems. FINANCIAL IMPLICATIONS: The IGA itself does not have direct financial implications, but a significant financial investment will be required to complete the design and construction of the interconnects, as well as for the subsequent usage of water if an interconnect is activated. Jacobs Engineering Group, Inc. (Jacobs), an on-call engineering firm, has completed a conceptual design of the two proposed interconnects. This conceptual design will be further developed into a final design by Jacobs and a construction contractor. This final design contract is currently under negotiation. These services will include assessing the feasibility of constructing the interconnections, establishing a guaranteed maximum price, and releasing an early procurement package for long-lead materials. Page 169 of 310 A property easement is required for the construction of the Zone 2 interconnect. Utilities staff and the City Attorney’s Office are actively collaborating with Jacobs to determine the precise amount of land needed and the relevant property owner to obtain the necessary easement. In the event that the interconnections are activated, Englewood will be responsible for paying Denver Water for all water delivered through the interconnects. The rate for the water used will be based on the then current treated water service rate for customers outside Denver Water’s combined service area, along with any applicable surcharges. These surcharges include the west slope charge under the Colorado River Cooperative Agreement, as well as the current monthly fixed service charge by meter size when an interconnect is activated. CONNECTION TO STRATEGIC PLAN: Infrastructure:  Ensure protection of the City's water infrastructure Safety:  Ensure safe drinking water is delivered to customers ATTACHMENTS: CB#73 Contract Approval Summary (CAS) Intergovernmental Agreement with Denver Water PowerPoint Presentation Page 170 of 310 1 ORDINANCE NO. _ COUNCIL BILL NO. 73 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE APPROVING A CONTRACT WITH CITY AND COUNTY OF DENVER BOARD OF WATER COMMISSIONERS AUTHORIZING EMERGENCY INTERCONNECTS BETWEEN THE CITY OF ENGLEWOOD AND DENVER WATER’S PORTABLE WATER DISTRIBUTION SYSTEM WHEREAS, establishing an emergency water interconnection connects the City of Englewood (“City”) to another water supply system that can be activated during an emergency to ensure a continuous and reliable water supply in Englewood; and WHEREAS, by approving a contract and constructing emergency interconnections between water distribution systems of the City and Denver Water, a safe backup water source can be established in times of emergency; and WHEREAS, Englewood Charter § 79 authorizes City Council to approve by ordinance contracts with other governmental bodies to receive governmental services and to enter into cooperative or other joint activities with other governmental bodies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City of Englewood, Colorado, is authorized to execute an Agreement for a Treated Water Emergency Interconnection between the City of Englewood and City and County of Denver Board of Water Commissioners (Denver Water), in the form substantially the same as that attached hereto. Section 2. 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 Page 171 of 310 2 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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 and passed on first reading on the 18th day of December 2023; and on second reading, in identical form to the first reading, on the ___ day of ____________, 202_. Othoniel Sierra, Mayor ATTEST: Page 172 of 310 3 _________________________________ 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 an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 173 of 310 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 12/5/2023 Amendment Amount End Date 12/4/2028 Amended Contract Amount Total Term in Years 5.01 Vendor Contact Information: Name Contact Address Phone Email Denver CO City State Zip Code City of Englewood, Colorado CONTRACT APPROVAL SUMMARY AGREEMENT FOR A TREATED WATER EMERGENCY INTERCONNECTION AMONG DENVER WATER AND CITY OF ENGLEWOOD Denver Water Denver Water Administration Building 1600 W. 12th Ave, $ - $ - $ - 80204 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) 303-628-6000 Julie.Bowers@denverwater.org Julie Bowers, Distributor Relations Manager Rate for Emergency Water. Englewood shall pay Denver Water for all water delivered through the Interconnections at Denver Water's then current treated water service rate for customers outside Denver Water's Combined Service Area, and any applicable surcharges, including a west slope charge under the Colorado River Cooperative Agreement. In addition to the volumetric charge, Englewood shall be assessed the current monthly fixed service charge by meter size when the interconnect is activated. If the activation exceeds one month, a monthly charge shall be assessed for the second month. Englewood shall report the number of gallons used to Denver Water within 24 hours of completing the operation of Denver Water Interconnection pursuant to this Agreement. Payment for such usage will be made to Denver Water within 15 days of the date on Denver Water’s invoice. 303-783-6857Cliff Stephens CStephens@englewoodco.govUtilities Engineering Supervisor Renewal options available Five-year term, this Agreement shall automatically be extended for additional one-year periods unless terminated in writing by either party at least 60 days prior to such automatic extension. Page 174 of 310 CONTRACT APPROVAL SUMMARY Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Procurement Justification of Contract Work/Services IGA-Intergovernmental Agreement The new IGA establishes two interconnect locations that can supply 100% of water demand and fire flow for Englewood, if needed. An IGA with Denver Water is required to obtain property easements for the construction of the interconnect infrastructure and to allow for activation of the emergency interconnections between the two water systems. The IGA outlines the specific locations, terms, and conditions by which Denver Water will assist Englewood in providing water service during emergencies. The proposed IGA will replace a 1982 temporary fire hydrant connection IGA between Englewood and Denver Water. The 1982 IGA is not sufficient to serve Englewood as a backup water supply. Prior to the 1982 IGA, multiple interconnects connected Englewood and Denver Water’s distribution systems. These connections were severed and abandoned, disconnecting the systems when the 1982 IGA was implemented. Page 175 of 310 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Budget Date Amount Remaining C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: n/a NOTES/COMMENTS (if needed): General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Response of Proposed Awardee Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 176 of 310 AGREEMENT FOR A TREATED WATER EMERGENCY INTERCONNECTION AMONG DENVER WATER AND CITY OF ENGLEWOOD THIS AGREEMENT is made and entered into as of the day of ______, 2023, between the CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS ("Denver Water''), a municipal corporation of the State of Colorado, and CITY OF ENGLEWOOD ("COE"), a home rule municipality duly organized under the laws of the State of Colorado. WHEREAS, Denver Water owns and operates a municipal water supply system that provides water supply for inhabitants of the City and County of Denver and by contract to certain areas outside the boundaries of the City and County of Denver; WHEREAS, COE owns and operates a water supply system that provides water service for inhabitants of COE; and WHEREAS, Denver Water and COE wish to enter into an interconnection agreement that allows Denver Water's and COE's separate water systems to be connected in such a manner that Denver Water could assist COE in providing water service during an emergency; NOW THEREFORE, COE and Denver Water agree as follows: 1. Treated Water Interconnections. There are currently 2 locations where Denver Water and COE desire to have interconnections. The approximate location of the interconnections is shown on the map attached hereto as Exhibit A. The following details regarding each location are described in Exhibit B.: • Ownership • Maintenance Responsibility • Inspections • Activation procedure • Responsibility for operation 2. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed in writing. 3. Use of Interconnections. An interconnection shall only be used in the event of an emergency and if Denver Water is capable of providing water service. An emergency for the purposes of this Agreement is a main break, pump, motor, power or other system failure which causes partial or total inability of COE's system to provide fire protection or municipal service. A shortage of untreated (raw) water available to COE's system Page 177 of 310 shall not be deemed an emergency. Denver Water, in its sole discretion, shall make the final determination as to whether an emergency exists and whether Denver Water is capable of providing water service. When COE is receiving water through a Denver Water Interconnection, COE shall, where applicable, operate its system in accordance with Denver Water's Engineering Standards and Operating Rules and the Operating Procedures attached as Exhibit B. Any water provided herein shall be used for purposes consistent with Denver Water's water right decrees, and within the legal boundaries of COE's service area, together with amendments or expansions of those boundaries, provided that the service area must be within the area that is reasonably integrated with the development of the COE. 4.Term. This Agreement shall have a term of five years. At the end of the five-year term, this Agreement shall automatically be extended for additional one-year periods unless terminated in writing by either party at least 60 days prior to such automatic extension. Should COE fail to fully comply with the terms of this Agreement and fail to rectify such non-compliance within thirty (30) calendar days of receipt of written notice of non-compliance from Denver Water, access to Denver Water Interconnections shall be disconnected and this Agreement shall terminate and be of no further force and effect. In the event of termination, COE shall bear all expenses to disconnect its access to Denver Water Interconnections. 5.Ownership and Maintenance. a.COE shall own the backflow prevention device and the pipes, meter vault and other appurtenances that constitute Denver Water Interconnections as described in Exhibit B. Denver Water shall own and maintain its facilities up to the connection to COE’s facilities at the Conduit 13 connection near the intersection of East Oxford Avenue and South Clarkson Street and Conduit 84 connection near the intersection of East Chenango Avenue and South Clarkson Street as shown in Exhibit A. Denver Water assumes no responsibility for any facility downstream of the connection point. b.Denver Water shall calibrate and be responsible for maintaining the meter at Denver Water Interconnection. COE agrees to reimburse Denver Water for any costs incurred in calibration and maintenance of the meter, including repair and replacement determined by Denver Water to be necessary. c.Denver Water and COE shall make periodic inspections of the Denver Water Interconnections to ensure that the facilities are being used in compliance with this Agreement. d.COE shall install one 36-inch butterfly valve and all required appurtenances per Denver Water’s Engineering Standards on Conduit 84 in the location shown in Exhibit A. Denver Water will own and maintain the valve once installed. Page 178 of 310 6. Request for Activation. In the event of an emergency, as defined herein, COE shall request Denver Water to activate one or both of Denver Water Interconnections to deliver water into COE’s system. The request for activation shall be given by telephone to Denver Water's Dispatch. If Denver Water approves a request to activate a Denver Water Interconnection, Denver Water employees shall notify COE’s employees the interconnect can be activated. A Denver Water employee must be present when the interconnect is activated. COE shall notify Denver Water when its system has been restored to normal operating conditions. Denver Water’s employees will then notify COE employees to deactivate the Interconnection. The valves of Denver Water Interconnections shall be physically locked at all other times. For activation duration longer than 48-hours, COE shall provide an update to Denver Water every 24-hours until normal operating conditions are restored unless otherwise agreed upon by Denver Water. 7. Rate for Emergency Water. COE shall pay Denver Water for all water delivered through the Interconnections at Denver Water's then current treated water service rate for customers outside Denver Water's Combined Service Area, and any applicable surcharges, including a west slope charge under the Colorado River Cooperative Agreement. In addition to the volumetric charge, COE shall be assessed the current monthly fixed service charge by meter size when the interconnect is activated. If the activation exceeds one month, a monthly charge shall be assessed for the second month. COE shall report the number of gallons used to Denver Water within 24 hours of completing the operation of Denver Water Interconnection pursuant to this Agreement. Payment for such usage will be made to Denver Water within 15 days of the date on Denver Water’s invoice. 8. Commingling of Water. This Agreement provides for the possible commingling of potable water from sources controlled by COE with potable water from sources controlled by Denver Water. COE agrees that it is responsible for maintaining potable water quality in compliance with federal and state drinking water standards in its service area beyond the isolating valves of the Interconnections. In this regard, to the extent it legally may, COE expressly bind itself to indemnify, defend and hold harmless Denver Water, its officers, agents, employees and insurers against any liability, loss, damage, fine, sanction, penalty, demand, action, cause of action or expense (including court costs and attorneys' fees) sustained or brought by any person, firm, corporation or other entity or from a failure of COE to comply with applicable federal or state drinking water standards, in connection with or in any way arising from the commingling of water delivered under this Agreement. Neither of the parties waives any provision of the Colorado Governmental Immunity Act. 9. Backflow Prevention Requirement. If a backflow prevention device is not already installed at the Interconnect location, a device must be installed meeting the current Denver Water Engineering Standards within two-years of the effective date of this Agreement. The plans must be submitted and approved through the Denver Water plan review process meeting the Engineering Standards and inspected by Denver Water for final sign-off before activation may occur. Regular testing and reporting must comply with Denver Water Engineering Standards and Operating Rules. Page 179 of 310 10. Water Pressure. Denver Water makes no guarantee concerning the pressure or flow rate of water delivered through the Interconnections. COE recognizes that significant pressure fluctuations may occur and agrees that Denver Water shall not be responsible for any damage attributable to pressure. Denver Water, at times, may need to remove facilities for maintenance and may not be able to supply water to the Interconnections. 11. Water Treatment. Nothing herein shall be deemed or construed as creating an obligation on Denver Water to separate water delivered under this Agreement from any material added to it in use by COE or their customers or as creating any obligation on Denver Water regarding purification of the total mass after use by COE and their customers. Nothing contained herein shall be deemed as imposing on COE any obligation to purify water after use by COE or its customers, any such obligation, if it exists, arising without respect to anything contained in this Agreement. 12. Dominion over Water. All water delivered by Denver Water under this Agreement shall be on a leasehold basis only for purposes for which Denver Water's water rights have been decreed. Neither COE nor their customers shall have any right to make a succession of uses of water delivered under this Agreement. Upon completion of the primary use, all dominion over the water provided hereunder reverts completely to Denver Water. Except as herein specifically provided, all property rights to the water to be furnished hereunder by Denver Water are reserved in Denver Water. COE is not obligated to create any particular volume of return flow. COE shall keep records of effluent discharges delivered to South Platte Renew attributable to deliveries from Denver Water Interconnections. Such records will be provided on a daily basis while the Denver Water Interconnects are operated. 13. Consequence of Loss of Dominion. In the event Denver Water's dominion over the return flows is lost as a result of deliveries hereunder, Denver Water may terminate this Agreement immediately. 14. Appropriation: The obligations of COE, including and without limitation the obligation of COE to make certain payments to Denver Water, shall extend only to monies duly appropriated by COE for the purposes of this Agreement. Neither COE or Denver Water intends by this Agreement to (i) directly or indirectly obligate a Party to make any payment in any fiscal year in excess of amounts appropriated for such fiscal year; (ii) create a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of a Party within the meaning of Article XI, Section 6 or Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision; (iii) delegate governmental powers by a Party; (iv) loan or pledge of the credit or faith of a Party or as creating any responsibility by a Party for any debt or liability of any person, company or corporation within the meaning of Article XI, Section 1 of the Colorado Constitution; or (v) donate or grant by a Party to, or in aid of, any person, company or corporation within the meaning of Article XI, Section 2 of the Colorado Constitution. Page 180 of 310 15. Indemnification. To the extent it legally may, COE shall indemnify, defend, and hold harmless Denver Water from and against all claims including third party claims, damages, costs, liabilities, and court awards, including expenses, and reasonable attorney fees, to the extent caused by the negligence or any wrongful act, error, or omission of COE, its officers, employees, elected officials or agents related to the emergency delivery of water through an interconnection hereunder. Denver Water shall provide COE with prompt notice of any claim for which it may be liable hereunder. 16. Colorado Governmental Immunity Act. Nothing contained in this Agreement shall be considered or construed to be a waiver, in whole or in part, of any of the protections, immunities, or privileges afforded the Parties pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 17. Denver Charter. This Agreement is made under and conformable to the provisions of the Article X of the Charter of the City and County of Denver, which controls the operation of the Denver Municipal Water System. Insofar as applicable, the Charter provisions are incorporated herein and made a part hereof by this reference and shall supersede any apparently conflicting provision otherwise contained in this Agreement. 18. Venue. This Agreement shall be deemed to be performable in the City and County of Denver, Colorado notwithstanding that either party may find it necessary to take steps in furtherance thereof outside of the City and County. Venue for resolution of any dispute resulting in litigation shall be the Colorado District Court for Denver County. This Agreement shall be governed by and construed under the laws of the State of Colorado. 19. No Operating Obligation. Nothing herein shall be deemed or construed as creating any obligation on Denver Water to operate its facilities in any particular manner. 20. Assignment. No assignment by either party of its rights under this contract shall be binding on the other unless the other party shall have assented to such assignment with the same formality as employed in the execution of this Agreement. 21. Waiver. No party shall waive its rights hereunder by failing to exercise its rights; any such failure shall not affect the right of such party to exercise at some future time the rights not previously exercised. 22. Remedies. None of the remedies provided for under this Agreement need to be exhausted or exercised as a prerequisite to either party's pursuit of further relief to which it may be entitled. 23. Notice. Notice for purposes of this Agreement shall be sent to: If to COE: City of Englewood, Utilities Department Page 181 of 310 Utilities Deputy Director – Operations and Maintenance 1000 Englewood Parkway Englewood, CO 80110 Attn: Pieter Van Ry, Utilities Director PVanRy@englewoodco.gov Attn: Josh Roach, Utilities Deputy Director – O&M JRoach@englewoodco.gov If to Denver Water: Distributor Relations Manager Denver Water Department 1600 West 12th Avenue Denver, Colorado 80204 Julie.Bowers@denverwater.org 24. Entire Agreement. This Agreement constitutes the entire agreement between Denver Water and the Consultant and replaces all prior written or oral agreements and understandings with regard to the subject matter herein. It may be altered, amended, or repealed only by a duly executed written instrument. The terms of this Agreement shall control in the event of any conflict between the terms of the Agreement and any documents or exhibits attached or incorporated into the Agreement. 25. Effective Date. This Agreement shall become effective on the date it is fully signed by Denver Water. 26. Electronic Signatures and Records. COE consents to the use of electronic signatures by Denver Water. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically in the manner specified by Denver Water. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Page 182 of 310 IN WITNESS WHEREOF, the parties have executed this Contract, effective the day and year first written above. ATTEST: CITY OF ENGLEWOOD _______________________________ By:_____________________________ (SEAL) Manager _____________________________ Address of District _____________________________ Telephone Number ATTESTED: By:_____________________________ Secretary CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS By:______________________________ President DATE:____________________________ APPROVED: By:______________________________ Chief of Staff REGISTERED AND COUNTERSIGNED: CITY AND COUNTY OF DENVER By:_______________________________ Timothy M. O’Brien, CPA Auditor APPROVED AS TO FORM: By:______________________________ Office of General Counsel Page 183 of 310 Note - Final location of Interconnect 2will be determined based on SUE and City of Englewood easement acquisition Interconnect 1 S C l a r k s o n S t E Oxford Ave 0 10050 Feet City of Englewood ColoradoDenver Water Emergency InterconnectApproximate Location - Interconnect 1 \\dc1vs01\GISProj\E\EnglewoodCityOf\Emergency_Interconnect\MapFiles\Interconnect_Exhibits.mxd lheyerda 8/11/2023 Exhibit A Page 1 of 2 Page 184 of 310 Note - Final location of Interconnect 2 will be determined based on SUE and City of Englewood easement acquisition Chenango Ave S Clarkson St Interconnect 2 Layton Ave 0 10050 Feet City of Englewood ColoradoDenver Water Emergency InterconnectApproximate Location - Interconnect 2 \\dc1vs01\GISProj\E\EnglewoodCityOf\Emergency_Interconnect\MapFiles\Interconnect_Exhibits_v2.mxd lheyerda 11/3/2023 Exhibit A Page 2 of 2 X Install 36" Butterfly Valve Conduit 84 Page 185 of 310 Exhibit B Interconnect 1 Information Date: November 20, 2023 Interconnect Name: Denver/COE Interconnect 1 – Conduit 13: Intersection of East Oxford Ave. and South Clarkson St. Status: Active Type: In-line meters, valves, reduced pressure backflow prevention. One-way flow from Denver Water to COE. Ownership: Ownership of meter, valves, vaults: COE Maintenance: COE shall maintain the vault. All maintenance costs shall be solely borne by COE. Operator: COE Activation Procedure: COE shall notify Denver Water’s Dispatch. Denver Water will unlock the valve on the Interconnect. COE and Denver Water will be responsible for operating the Interconnect isolation valves. COE Contacts: Operations Manager, COE – Zack Alabbasi – 303-783-6834 On Call Phone after hours emergency COE – 303-762-2650 DW Contacts: Dispatch, 303-628-6000 After hours emergency, 303-628-6801 Page 186 of 310 Interconnect 2 Information Date: November 20, 2023 Interconnect Name: Denver/COE Interconnect 2 – Conduit 84: Intersection of East Chenango Ave. and South Clarkson St. Status: Active Type: In-line meters, valves, reduced pressure backflow prevention. One-way flow from Denver Water to COE. Ownership: Ownership of meter, valves, vaults: COE Maintenance: COE shall maintain the vault. All maintenance costs shall be solely borne by COE. Operator: COE Activation Procedure: COE shall notify Denver Water’s Dispatch. Denver Water will unlock the valve on the Interconnect. COE and Denver Water will be responsible for operating the Interconnect isolation valves. COE Contacts: Operations Manager, COE – Zack Alabbasi – 303-783-6834 On Call Phone after hours emergency COE – 303-762-2650 DW Contacts: Dispatch, 303-628-6000 After hours emergency, 303-628-6801 Page 187 of 310 Intergovernmental Agreement For Emergency Interconnects with Denver Water Presented By Englewood Utilities and South Platte Renew Director, Pieter Van Ry Utilities Deputy Director –Business Solutions and Engineering, Sarah Stone Pa g e 1 8 8 o f 3 1 0 Background •Replaces 1982 Fire Hydrant Connection IGA •Previous interconnects abandoned •Request to Denver Water: •Two interconnection points •Supply 100% of Englewood water demand in case of emergency Pa g e 1 8 9 o f 3 1 0 Denver Water Interconnections IGA •Safe and continual supply of drinking water and fire suppression •Financial investment required to complete interconnects: •Final Design •Easement Acquisition •Construction •Final design and construction to commence Q1 2024 •The Water and Sewer Board recommended City Council approval during its October 10, 2023 meeting.Pa g e 1 9 0 o f 3 1 0 Questions? Pa g e 1 9 1 o f 3 1 0 Thank you Pa g e 1 9 2 o f 3 1 0 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: January 8, 2024 SUBJECT: Designation of the Official Posting Place for Legal Notices DESCRIPTION: Designation of the Official Posting Place for Legal Notices RECOMMENDATION: Staff recommends City Council approve, by Resolution, the designation of the Official Posting Place for Legal Notices for 2024. PREVIOUS COUNCIL ACTION: On January 3, 2023, City Council designated the City's website as the official posting place for all legal notices of the City of Englewood for 2023. SUMMARY: Legislation amending Colorado Revised Statutes, § 24-6-402 (2)(c) became effective July 1, 2019. House Bill 19-1087 requires a local government to post notices of public meetings required by the state open meetings law on the local government's website. The notices are accessible to the public at no charge. The notices shall be searchable, if feasible, by type of meeting, date and time of meeting, and agenda contents. Colorado Revised Statutes, § 24-6-402(2)(c) also provides that the local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting. The Open Meetings Law, State Statute § 24-6-402(2)(c) requires that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. In addition to the City website, legal notices will be posted to the bulletin boards located at the Civic Center, all in conformance with C.R.S. § 24-6-402(2)(c). COUNCIL ACTION REQUESTED: Staff is requesting that Council approve a Resolution designating the City website as the official posting place for all legal notices for 2024. FINANCIAL IMPLICATIONS: Page 193 of 310 None ATTACHMENTS: Resolution Page 194 of 310 RESOLUTION NO. _____ SERIES OF 2024 A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2024. WHEREAS, Colorado Revised Statutes § 24-6-402(2)(c) provides that “A local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body”; and WHEREAS, C.R.S. § 24-6-402(2)(c) also provides that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The official posting place for all legal notices of the City of Englewood for the year 2024, shall be the City of Englewood’s website at https://englewoodgov.civicweb.net/portal/ (meeting notices) and https://www.englewoodco.gov/government/legal-public-notices (other legal notices), all in conformance with C.R.S. § 24-6-402(2)(c). If the City is unable to post to the website due to exigent or emergency circumstances, the City of Englewood will post a physical notice at the bulletin board on the north side of the second floor of the Englewood Civic Center, 1000 Englewood Pkwy, Englewood CO 80110. Section 2. This Resolution does not in any way of itself create a requirement for notice. ADOPTED AND APPROVED this 8th day of January, 2024. Othoniel Sierra, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ____, Series of 2024. Stephanie Carlile Page 195 of 310 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: January 8, 2024 SUBJECT: Budget Supplemental #1 DESCRIPTION: 2024 Budget Supplemental #1 Request Resolution RECOMMENDATION: Staff seeks City Council consideration and approval of the fourth budget resolution for the Fiscal Year 2024. This budget supplemental request totals $3,717,562. PREVIOUS COUNCIL ACTION:  October 2, 2023 - City Council approved budget Ordinance No. 55, Series 2023 SUMMARY: In general, budget supplemental requests are used to address changes to the original, adopted budget due in part to errors, omissions, revisions to costs estimate and/or new requests due to unplanned events. At a high level, the budget supplemental process consists of the following reviews: STEP 1: Department identifies new or changes to the original expenditure request and determines whether the current budget is sufficient to absorb the new cost estimates. If the request is related to personnel, approval from City Manager’s Office and Human Resources is required. STEP 2: Department discusses cost changes with the City Manager’s Office and Finance to verify and clarify the request and determine whether this request is needed, can it be delayed to next year, or added to the current year. STEP 3: If the request is to be added to the current year, then a budget supplemental resolution is prepared by Finance and the City Attorney’s Office and presented to the City Council for their consideration and authorization. ANALYSIS: The following provides additional information for the 2024 operational changes included in this budget resolution: Page 196 of 310 $3,717,562 TOTAL - 2024 Budget Appropriation Supplemental Request No. 1 (1) $657,326 Fund: General Fund (02) Fiscal Notes:  $657,326 amending the 2024 budget for the purpose described below Description: The 2024 General Fund Contingency appropriation includes funds for the Classification and Compensation Study that was completed in 2023; per the study results, these funds will be allocated to the general government departments. The balance of the authorized $1M or $342,647 is set aside for 2024 employee career achievement changes. (2) $84,000 Fund: General Fund (02)  $84,000 amending the 2024 budget for the purpose described below Description: City Manager's Office Sustainability Program enhancements for the following due to the Single Use Carryout Plastic Bag Fees collected in 2023 ($93K) plus anticipated Q4 2023 receipts in January 2024:  Solar Trash Compactors (5) around the city - $44K  Develop a Green Business Program; 20% funding is from the City of Sheridan - $40K (3) $75,000 Fund: General Fund (02)  $75,000 amending the 2024 budget for the purpose described below Description: Communications Department is administering the following new initiatives that were identified after the 2024 budget was adopted:  2024 Affordable Housing Outreach Project - $35K  Utility Billing Inserts providing community outreach and engagement - $10K  Acquire new audio and video equipment through a 2023 Comcast Grant - $30K (4) $93,400 Fund: General Fund (02)  $93,400 amending the 2024 budget for the purpose described below Description: The Police Department 2024 Motorola Radio Equipment estimate has increased above the adopted budget; this purchase is reimbursed 100% through the Arapahoe County E911 Authority (5) $123,428 Fund: General Fund (02)  $123,428 amending the 2024 budget for the purpose described below Description: The Public Works Department ordered traffic signal poles in 2023; however, due to manufacturing and supply chain issues the Page 197 of 310 delivery of these items is postponed to 2024 (6) $1,800,000 Fund: General Fund (02)  $1,800,000 amending the 2024 budget for the purpose described below Description: The Public Works Department is managing the Common Area Maintenance (CAM) for the City Center area since the dissolution of the Englewood Environmental Foundation in late 2023. City Center Property Management is a new division that was created in the General Fund Public Works Department in order to establish the 2024 budget and account for the revenue and expenditures of the CAM. (7) $477,751 Fund: Capital Equipment Replacement Fund (CERF) (62)  $477,751 amending the 2024 budget for the purpose described below Description: The Public Works (PW) Department manages the city's fleet inventory. Initial purchases or additional to the fleet inventory are budgeted in the general government department and over the life of the vehicle or equipment the department budgets for the replacement cost. These funds are deposited into the CERF and the acquisition of the replacement vehicle or equipment is charged to the CERF.  PRLG and PW ordered new vehicles and equipment respectively in 2023; however, due to manufacturing and supply chain issues, delivery of these items is delayed until 2024 - $75,631  PW ordered replacement vehicles for city departments in 2023; however, due to manufacturing and supply chain issues, delivery of these items is delayed until 2024 - $402,120 (8) $86,500 Fund: Stormwater Drainage Fund (42)  $86,500 amending the 2024 budget for the purpose described below Description: The Public Works Department oversees the Stormwater Drainage Utility. The estimate for the replacement of the Vactor Truck increased from the original amount of $400K to $573K; the $173K cost will be shared equally with the CERF. (9) $320,157 Fund: Public Improvement Fund (30)  $320,157 amending the 2024 budget for the purpose described below Description: The replacement of the Belleview Park Train was authorized by City Council and included in the transfer of funds from the General Fund Restricted Fund Balance for the Metropolitan Football Stadium District tax refund (Original amount in 2022 $1.1M); the expenditure amount was inadvertently omitted in the Public Improvement Fund expenditure amount. Page 198 of 310 COUNCIL ACTION REQUESTED: Staff requests that City Council approve the budget resolution for the 2024 appropriation supplemental to provide funding for the operational costs as requested. FINANCIAL IMPLICATIONS: The following funds are impacted by this appropriation budget supplemental request:  $2,833,154 - General Fund (02)  $ 320,157 - Public Improvement Fund (30)  $ 86,500 - Stormwater Drainage Fund (42)  $ 477,751 - Capital Equipment Replacement Fund (62)  $3,717,562 - TOTAL Fund Description Sources of Funds Uses of Funds General (02) Contingency-Classification & Compensation Study Results $657,326 City Manager's Office $69,356 City Clerk's Office $25,044 Municipal Court $38,594 Human Resources Department $16,757 Finance Department $32,173 Information Technology Department $13,689 Community Development Department $66,194 Public Works Department $37,236 Police Department $93,046 Parks, Recreation, Library and Golf Department $249,710 Communications Department $15,527 General Fund Unassigned Fund Balance $351,106 General Fund Public Works Department City Center Property Management Division Revenue $1,800,000 City Manager's Office Sustainability Programs Division $84,000 Communications Department $75,000 Public Works Department $1,923,428 Transfer Out Capital Equipment Replacement Fund $68,678 General Fund Intergovernmental Revenue $93,400 Police Department $93,400 Capital Equipment Replacement Capital Equipment Replacement Fund Net Position $409,073 Page 199 of 310 (62) Capital Equipment Replacement Fund Appropriation $564,251 Stormwater Drainage (42) Stormwater Drainage Fund Net Position $86,500 Transfer Out Capital Equipment Replacement Fund $86,500 Public Improvement Fund (30) Public Improvement Fund Unappropriated Fund Balance $320,157 Parks, Recreation, Library and Golf Department $320,157 TOTALS $3,717,562 $3,717,562 CONNECTION TO STRATEGIC PLAN: Budget Supplemental/Amendments are linked to the following city strategic outcomes/results:  Governance - A city government that is accountable, effective, and efficient  Infrastructure and Transportation - A city that proactively and in a cost-effective manner invests in, maintains, and plans to protect its infrastructure  Community Wellbeing - A city that provides satisfying opportunities for the vitality, enrichment, welfare, and happiness of the community OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: Resolution 2024 Budget Supplemental #1 Page 200 of 310 1 RESOLUTION NO. SERIES OF 2024 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2024 BUDGET OF THE CITY OF ENGLEWOOD WHEREAS, the City of Englewood is required by Section 83 of the Englewood Home Rule Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, the 2024 Budget was submitted and approved by the Englewood City Council in Ordinance 55, Series of 2023, on October 2, 2023; and WHEREAS, specific expenditures for 2023 have now been identified, necessitating these supplemental and amended appropriations to be hereby presented for the consideration and approval of the City Council; and WHEREAS, the City completed the Classification and Compensation Study and is ready to implement the results by reclassifying a portion of the budgeted amount from Contingency to the general government departments and modifying the budget accordingly; and WHEREAS, a provision in the Colorado House Bill 2021-1162 for the Management of Plastic Products requires businesses to remit to the City $0.06 of the $0.10 fee charged to customers who purchase a single-use carryout plastic bag. This fee will offset costs for administrative, enforcement, recycling, composting, or other waste diversion programs and related outreach and education activities. The City Manager’s Office Sustainability Program Division Staff plan to use a portion of these funds to install five solar trash compactors around the City and to develop a pilot Green Business Program with 20% of financing from the City of Sheridan and requests to amend the budget, and WHEREAS, the Communications Department has been asked to oversee the following new initiatives: Affordable Housing Campaign and Utility bill inserts, including the City newsletters or other notifications, and amend the budget for this appropriation request; and WHEREAS, the City received a $30,000 grant from Comcast in 2023 to be used for audio and video communications equipment, and a budget amendment is requested; and WHEREAS, the Police Department plans to replace a portion of its radio and console communications equipment on a cost-reimbursement basis through the Arapahoe County E911 Authority. The replacement cost for this equipment purchase has increased by $93,400 and will be fully reimbursed by the Arapahoe County E911 Authority and staff requests amending the budget; and WHEREAS, the Public Works Department ordered in 2023 seven Traffic Signal Poles; however, at the time of placing the order, staff was informed that delivery would take 9-11 months or late Q1 of 2024 due to manufacturing and supply chain issues and staff requests amending the budget; and WHEREAS, the Englewood Environmental Foundation (EEF) dissolved in 2023, and the Public Works Department oversees the City Center Common Area Maintenance (CAM) Services, including billing each CAM participant for their share in the operational costs. The Public Works Department City Center Property Management Division is established to account for the operating revenue and expenditures for the CAM services and staff requests amending the budget; and WHEREAS, the Public Works Department manages the City’s Fleet Inventory, and several of the 2023 vehicle and equipment orders placed through the Capital Equipment Replacement Fund and a couple from the General Fund are not expected to be delivered until 2024, and staff requests modifying the budget; and Page 201 of 310 2 WHEREAS, the Public Works Department staff request additional funding due to the $173,000 increase in the cost estimate for the Vactor Truck used to maintain the Stormwater Drainage infrastructure. This additional cost will be charged equally to the Stormwater Drainage Fund and the Capital Equipment Replacement Fund for which to amend the budget; and WHEREAS, City Council approved the replacement of the Belleview Park Electric Train, and part of the funding, or $320,157, is from the General Fund Restricted Fund Balance for the Metropolitan Football Stadium District Tax Refund due to the sale of the Denver Broncos Team in 2022 which was included in the adopted budget; however, the expenditure amount was inadvertently omitted from the Public Improvement Fund for which staff requests amending the budget; and WHEREAS, Section 92 of the Englewood Home Rule Charter requires the City Council to adopt a Resolution to transfer any unencumbered appropriation balance or portion thereof from one department, office, or agency to another; and WHEREAS, Section 93 of the Englewood Home Rule Charter requires that appropriations in addition to those contained in the budget shall be made only on the recommendation of the City Manager, and only if the City Treasurer certifies that there is an available cash surplus sufficient to meet such appropriations; and WHEREAS, in conformance with Sections 92 and 93 of the Englewood Home Rule Charter, the City Manager hereby requests a Budget Supplemental to authorize the transfer of funds within the adopted City of Englewood 2023 budget as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2024, as follows: ADDITIONAL APPROPRIATION in accordance with Section 93 of the Englewood Home Rule Charter: SOURCE OF FUNDS: (1) General Fund (02) Contingency $657,326 (Allocation of Contingency for the Classification and Compensation Study results to general government departments; the difference of the $1M authorized amount or $342,674 is set aside for employee career achievements) (2) General Fund (02) Unassigned Fund Balance $351,106 To fund the following: A) Solar Trash Compactors (5) – $44,000 B) Pilot Green Business Program - $40,000 C) Community Outreach Projects - $45,000 D) Audio and Video Communications Equipment $30,000 E) Traffic Signal Poles - $123,428 F) CERF Vehicle and equipment purchase for the PRLG Department Parks Division and Public Works Department Streets Division respectively - $68,678 Page 202 of 310 3 (3) General Fund (02) Intergovernmental Revenue $93,400 (The city receives 100% reimbursement from the Arapahoe County E911 Authority for eligible purchases. The Police Department plans to replace radio and console communications equipment; however, the estimated cost has increased from $247,368 to $340,768 or by $93,400) (4) General Fund (02) PW City Center Property Management Division Revenue $1,800,000 (Public Works Department (PW) City Center Property Management Division accounts for the City Center Common Area Maintenance (CAM) operating revenue and expenditures. Revenue sources include CAM Participants reimbursing the City for CAM services ($1,700,000) and other revenue from the Administrative Study Fee ($100,000)) GENERAL FUND TOTAL $2,901,832 (5) Capital Equipment Replacement Fund (CERF) (62) Net Position $409.073 (Due to manufacturing and supply chain issues, 2023 vehicle and equipment orders are scheduled for delivery in 2024) A) New additions to the Fleet Inventory • Public Works Street Division Dynapac Asphalt Roller - $6,953 B) Replacements of Fleet Inventory • Police Department Patrol Cars and Motorcycles - $315,620 • Public Works Stormwater Drainage Fund’s Vactor Truck share in the revised replacement cost estimate - $86,500 CAPITAL EQUIPMENT REPLACEMENT FUND TOTAL $409,073 (6) Stormwater Drainage Fund (42) Net Position $86,500 (Vactor Truck cost estimate increased by $173,000, which will be shared equally between the Stormwater Drainage Fund and the Capital Equipment Replacement Fund) STORMWATER DRAINAGE FUND TOTAL $86,500 (7) Public Improvement Fund (30) Unappropriated Fund Balance $320,157 (Belleview Park Electric Train Replacement funding from the General Fund transfer of restricted fund balance for the 2022 Metropolitan Football Stadium Tax Refund due to the sale of the Denver Broncos Team) PUBLIC IMPROVEMENT FUND TOTAL $320,157 SOURCES OF FUNDS TOTAL $3,717,562 Page 203 of 310 4 USE OF FUNDS (1) General Fund (02) Department Personnel Cost Adjustment $657,326 (Contingency allocation of the Classification and Compensation Study results to departments) Amount General Fund Department $ 69,356 $ 25,044 $ 38,594 $ 16,757 $ 32,173 $ 13,689 $ 66,194 $ 37,236 $ 93,046 $ 249,710 $ 15,527 $ 657,326 City Manager’s Office City Clerk’s Office Municipal Court Human Resources Department Finance Department Information Technology Community Development Department Public Works Department Police Department Parks, Recreation, Library and Golf Department Communications Department General Fund (02) Total (2) General Fund (02) Unassigned Fund Balance Use $282,428 A) City Manager’s Office Sustainability Program Division ($44,000) (Appropriation request to purchase 5 Solar Trash Compactor and place them throughout the city) B) City Manager’s Office Sustainability Program Division ($40,000) (Appropriation request to develop a pilot Green Business Program with 20% of financing from the City of Sheridan) C) Communications Department ($45,000) (Appropriation request for community outreach and engagement efforts pertaining to the Affordable Housing Campaign and the City newsletters and other notifications through Utility Bill inserts) D) Communications Department ($30,000) (Appropriation request for audio and video communications equipment funded through a Comcast Grant received in 2023) E) Public Works Department Traffic Engineering Division ($123,428) (Appropriation request for audio and video communications equipment funded through a Comcast Grant received in 2023) (3) General Fund (02) Intergovernmental Revenue $93,400 (Appropriation request for the $93,400 increase of the Motorola radio and console communications equipment replacement, which is reimbursed through the Arapahoe County E911 Authority) Page 204 of 310 5 (5) General Fund (02) PW City Center Property Management Division $1,800,000 (Appropriation request to establish the Common Area Maintenance (CAM) services formerly managed by the Englewood Environmental Foundation (EEF) before its dissolution in 2023, which is currently managed through the Public Works Department City Center Property Management Division.) GENERAL FUND TOTAL $2,833,154 (6) Capital Equipment Replacement Fund (62) $477,751 (Appropriation request to fund several orders of the City’s Fleet Inventory vehicles and equipment placed in 2023 that will not be delivered until 2024) A) New additions to the Fleet Inventory funded by the PRLG Parks Division and Public Works Street Division for the following: • PRLG Department Parks Division: 2023 Chevrolet Colorado Truck - $35,000 • PW Department Streets Division: Dynapac Asphalt Roller - $40,631 B) Replacement vehicles and equipment to the Fleet Inventory as follows: • Police Department: Patrol Cars and Motorcycles - $315,620 • PW Department: Vactor Truck - $86,500 CAPITAL EQUIPMENT REPLACEMENT FUND TOTAL $477,751 (7) Stormwater Drainage Fund (42) $86,500 (Appropriation request to fund the increased cost to replace the Vactor Truck used to maintain the Stormwater Drainage Utility infrastructure; the increased cost ($173,000) is shared equally with the Capital Equipment Replacement Fund) STORMWATER DRAINAGE FUND TOTAL $86,500 (8) Public Improvement Fund (30) $320,157 (Appropriation request to fund the purchase of a portion of the Belleview Park Electric Train replacement cost; total replacement cost equals $492,550, the balance of $172,393 paid from the Conservation Trust Fund) PUBLIC IMPROVEMENT FUND TOTAL $320,157 USES OF FUNDS TOTAL $3,717,562 Section 2. The City Manager and the Director of Finance, in accordance with Section 92 and Section 93 of the Englewood Home Rule Charter, are hereby authorized to make the above-listed transfers within the 2024 Budget for the City of Englewood. Page 205 of 310 6 ADOPTED AND APPROVED this 8th day of January, 2024. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk CLERK’S CERTIFICATION I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2024. Stephanie Carlile, City Clerk Page 206 of 310 2024 Budget Supplemental #1 Presented By Jackie Loh, Director of Finance Pa g e 2 0 7 o f 3 1 0 I.Budget Supplemental Approval Process II.Budget Supplemental Request Schedule III.2024 Budget Supplemental Summary IV.Budget Supplemental Requests V.Questions Agenda Pa g e 2 0 8 o f 3 1 0 STEP 1: Department identifies new or modified expenditure request and an internal analysis determines whether the current budget is sufficient to absorb the new or modified expenditure request. If the request is related to personnel, approval from City Manager’s Office and Human Resources Department is required. STEP 2: Department discusses the expenditure changes with the City Manager’s Office and Finance Department to verify and clarify the request and determine whether this request is needed and added to the current year, or whether it can be delayed to next year. STEP 3: If the new expenditure request is to be added to the current year, a budget supplemental resolution is prepared by the Finance Department and the City Attorney’s Office for presentation to the City Council for their consideration and approval before spending is authorized. Budget Supplemental Process Pa g e 2 0 9 o f 3 1 0 Budget Supplemental Request Schedule* Year No.City Council Meeting Date Resolution No. 2023 #1 February 21, 2023 Resolution No. 9, Series 2023 #2 May 1, 2023 Resolution No. 14, Series 2023 #3 July 17, 2023 Resolution No. 18, Series 2023 #4 November 20, 2023 Resolution No. 29, Series 2023 #5 April/May 2024 2023 Yearend True Up 2024 #1 January 8, 2024 Resolution No. TBD, Series 2024 #2 July 15, 2024 #3 November 18, 2024 #4 April/May 2025 2024 Yearend True Up *Please Note: The budget supplemental schedule is subject to change due to the timing of the amendment request; the yearend true up follows the completion of the annual financial audit Pa g e 2 1 0 o f 3 1 0 Fund Budget Supplemental #1 Budget Supplemental #2 Budget Supplemental #3 Budget Supplemental #4 TOTALS General Fund $0 $0 $0 $0 $0 Other Funds $0 $0 $0 $0 $0 TOTALS:$0 $0 $0 $0 $0 American Rescue Plan Act (ARPA) funding included in the above table figures: Fund Budget Supplemental #1 Budget Supplemental #2 Budget Supplemental #3 Budget Supplemental #4 TOTALS General Fund $2,833,154 $0 $0 $0 $2,833,154 Other Funds $884,408 $0 $0 $0 $884,408 TOTALS:$3,717,562 $0 $0 $0 $3,717,562 2024 Budget Supplementals Uses of Funds Pa g e 2 1 1 o f 3 1 0 Uses of Funds Description Amount Sources of Funds Description •General Fund (GF): Allocation of the Classification and Compensation Study results budgeted from the Contingency to the General Government Departments $657,326 General Fund Contingency •General Fund (GF): City Manager’s Office Sustainability Programs Division is to install Solar Trash Compactors around the city $44,000 General Fund Unassigned Fund Balance from the 2023 Single Use Plastic Bag Fees from House Bill 21-1162; YTD Q3 2023 receipts total approximately $93K •General Fund (GF): City Manager’s Office Sustainability Programs Division is to develop with the assistance of an outside consultant a Green Business Program and this cost is shared with the City of Sheridan (20%) $40,000 General Fund Unassigned Fund Balance from the 2023 Single Use Plastic Bag Fees from House Bill 21-1162; YTD 2023 receipts total approximately $93K; Q4 2023 receipts due in Jan 2024 •General Fund (GF): Communications Department request for the 2024 Affordable Housing Outreach Project $35,000 General Fund Unassigned Fund Balance Uses of Funds Total $776,326 Sources of Funds Total Budget Supplemental #1:Resolution No. TBD Series 2024 –January 8, 2024 2024 Budget Supplemental #1 Requests (1 of 4) Pa g e 2 1 2 o f 3 1 0 Uses of Funds Description Amount Sources of Funds Description •General Fund (GF): Communications Department request for Utility Bill Inserts for community outreach and engagement $10,000 General Fund Unassigned Fund Balance •General Fund (GF): 2023 Comcast Grant for communications audio and video equipment (New) $30,000 General Fund Unassigned Fund Balance •General Fund (GF): Police Department the estimate of the Motorola Radio Equipment has increased substantially since the 2024 budget was developed; this equipment purchase is 100% reimbursed by the Arapahoe County E911 Authority $93,400 General Fund Revenue: Arapahoe County E911 Reimbursable Contract •General Fund (GF): Public Works Department due to the timing of placing the order and delivery of Traffic Signal Poles $123,428 General Fund Unassigned Fund Balance Uses of Funds Total $256,828 Sources of Funds Total Previous Slide Uses of Funds Total $776,326 Grand Total $1,033,154 Budget Supplemental #1:Resolution No. TBD Series 2024 –January 8, 2024 2024 Budget Supplemental #1 Requests (2 of 4) Pa g e 2 1 3 o f 3 1 0 Uses of Funds Description Amount Sources of Funds Description •General Fund (GF): Public Works Department request for Common Area Maintenance (CAM) budget which was formerly managed by the Englewood Environmental Foundation (EEF); the city is seeking a provider of Property Management Services through a formal bid process •Request for Proposal (RFP) issued on October 24, 2023 •Responses due by December 19, 2023 •Staff selection by January 31, 2024 •City Council to consider the Property Management Services contract in February 2024 •Budget Supplemental may be required based on the additional cost of the property management services $1,800,000 General Fund Revenue from Public Works Department City Center Property Management Division $1.8M as follows: •$1.7M CAM Participants •$0.1M Administrative Study Fee; General Fund Net Cash from EEF approx. $1.093M (may be used to offset the city’s share in CAM costs and is currently reported in the General Fund Unassigned Fund Balance) Uses of Funds Total $1,800,000 Sources of Funds Total Previous Slide Uses of Funds Total $1,033,154 Grand Total $2,833,154 Budget Supplemental #1:Resolution No. TBD Series 2024 –January 8, 2024 2024 Budget Supplemental #1 Requests (3 of 4) Pa g e 2 1 4 o f 3 1 0 Uses of Funds Description Amount Sources of Funds Description •Capital Equipment Replacement Fund (CERF): Public Works and PRLG 2023 New Fleet Inventory Additions -Due to the timing of placing orders and delivery of vehicles and equipment $68,678 General Fund Unassigned Fund Balance •Capital Equipment Replacement Fund (CERF): 2023 Replacement Vehicles and Equipment -Due to the timing of placing orders and delivery of vehicles and equipment $409,073 CERF Net Position •Stormwater Drainage Fund (SDF): Vactor Truck revised cost estimate from $400K to $573K; the $173K additional cost is shared with CERF $86,500 Stormwater Drainage Fund Net Position •Public Improvement Fund (PIF): Administrative oversight error omitted the expenditure appropriation in the budget for the Belleview Park Electric Train; while the transfer of funds from the General Fund to the Public Improvement was included in the budget $320,157 Public Improvement Unappropriated Fund Balance Uses of Funds Total $884,408 Sources of Funds Total Previous Slide Uses of Funds Total $2,833,154 Grand Total $3,717,562 Budget Supplemental #1:Resolution No. TBD Series 2024 –January 8, 2024 2024 Budget Supplemental #1 Requests (4 of 4) Pa g e 2 1 5 o f 3 1 0 Purpose: Classification and Compensation Study Results •A portion of the second and final $1M budget allocation of the Classification and Compensation Study results from Contingency to several general government departments is listed in the table below; the remaining balance of $342,674 ($1M-$657K) to be allocated in 2024 for employee career achievement changes; the first budget allocation of $1M occurred in November 2023 Source of Funds: General Fund Contingency Program Use of Funds Amount Classification and Compensation Study Results (Contingency)$657,326 General Fund Total $657,326 2024 Classification & Compensation Study Results Department Amount-1 Department Amount-2 Total (1+2) City Manager’s Office $69,356 Information Technology $13,689 $83,045 City Attorney’s Office $0 Community Development $66,194 $66,194 City Clerk’s Office $25,044 Public Works $37,236 $62,280 Municipal Court $38,594 Police $93,046 $131,640 Human Resources $16,757 PRLG $249,710 $266,467 Finance $32,173 Communications $15,527 $47,700 Grand Total $657,326 Pa g e 2 1 6 o f 3 1 0 Purpose: •$44,000 -Install five Solar Trash Compactors around the city •$40,000 -Develop a Green Business Program with an outside consultant; City of Sheridan to finance 20% of the costs Program Use of Funds Amount City Manager’s Office Sustainability Program $ 84,000 General Fund Total $ 84,000 2024 Sustainability Programs Amount Description $93,000 Single Use Carryout Plastic Bag Fees collected through Q3 2023; Q4 2023 receipts TBD in January 2024 $18,000 2023 Appropriation to assist business outreach efforts informing the public of Styrofoam containers removal in the marketplace per Colorado House Bill 2021-1162 $75,000 Bag Fee Balance Available for Potential Sustainability Program Appropriation Source of Funds: •General Fund Unassigned Fund Balance –2023 Single Use Plastic Bag Fee for which the city received 60% or $0.06 of the $0.10 collected from customers; single use carryout plastic bag fees collected through Q3 2023 -$92,696; Q4 2023 receipts TBD in January 2024Pa g e 2 1 7 o f 3 1 0 Purpose: •2024 Affordable Housing Campaign Contract for the development and execution of an Affordable Housing Outreach Plan (in coordination with the Affordable Housing Task Force) to include four phases: Research, Engagement, Strategic Outreach Plan and Implementation •Utility Billing Inserts Produce and insert a city newsletter in the monthly utility bills during the months when residents are not receiving the Englewood magazine. Source of Funds: •General Fund Unassigned Fund Balance Program Use of Funds Amount 2024 Affordable Housing Outreach Project $ 35,000 Utility Billing Inserts $ 10,000 General Fund Communications Department Total $ 45,000 2024 Community Outreach and Engagement Pa g e 2 1 8 o f 3 1 0 Purpose: 2023 the city received a $30K grant from Comcast to be used toward the purchase of communications audio and video equipment. The Communications Department is modifying space on the second floor of the Civic Center where this equipment will be utilized. Source of Funds: •General Fund Unassigned Fund Balance Program Use of Funds Amount 2024 Communications Audio and Video Equipment $ 30,000 General Fund Communications Department Total $ 30,000 2024 Communications Audio and Video Equipment Pa g e 2 1 9 o f 3 1 0 Purpose: The 2024 cost estimate for the Motorola Radio Equipment increased by $93,400. The acquisition of this equipment is reimbursed 100% through the Arapahoe County E911 Authority. •$247,368 -Original Budget •$340,768 -Revised Estimate •$ 93,400 -Difference Source of Funds: •General Fund –Intergovernmental Revenue Program Use of Funds Amount 2024 Motorola Radio Equipment $ 93,400 General Fund Police Department Total $ 93,400 2024 Police Department Motorola Radio Equipment Pa g e 2 2 0 o f 3 1 0 Purpose: The contract with Morton Electric, Inc. for the signal pole replacement was approved by City Council on July 17th.Pole fabrication is currently taking 9 to 11 months and the contractor anticipates deliver of the new traffic signal poles in late Q1 or early Q2 of 2024. Source of Funds: •General Fund Unassigned Fund Balance Program Use of Funds Amount 2024 Traffic Signal Poles Replacement $ 123,428 General Fund Public Works Department Total $ 123,428 2024 Public Works Department Traffic Signal Poles Pa g e 2 2 1 o f 3 1 0 •Purpose: Establish the City Center Property Management Budget for the Common Area Maintenance (CAM) due to the dissolution of the Englewood Environment Foundation (EEF) in late 2023; the city is seeking a provider of Property Management Services through a formal bid process •Request for Proposal (RFP) issued on October 24, 2023 •Responses due by December 19, 2023 •Staff selection by January 31, 2024 •City Council to consider the Property Management Services contract in February 2024 •Budget Supplemental may be required based on the additional cost of the property management services Source of Funds: •General Fund CAM Participants Revenue ($1.7M) and Administrative Study Fee ($0.1M); additionally $1.093M net cash from EEF currently accounted for in the General Fund Unassigned Fund Balance Program Use of Funds Amount City Center Property Management $ 1,800,000 General Fund Public Works Department Total $ 1,800,000 2024 City Center Property Management Pa g e 2 2 2 o f 3 1 0 Purpose: •New fleet inventory additions were ordered for Public Works and PRLG in 2023; however, due to manufacturing and supply chain delays these vehicles will be delivered and paid for in 2024 Program Use of Funds Amount Public Works Department $ 40,631 Parks, Recreation, Library and Golf (PRLG) Department $ 35,000 Capital Equipment Replacement Fund (CERF) Total $ 75,631 2024 General Government Fleet Additions Department 2023 Vehicle or Equipment Ordered Amount Public Works Dynapac Asphalt Roller $40,631 PRLG 2023 Chevrolet Colorado Truck $35,000 Total $75,631 Source of Funds: •General Fund Unassigned Fund Balance ($68,678) and CERF Net Position ($6,953)Pa g e 2 2 3 o f 3 1 0 Purpose: •Scheduled replacement of fleet inventory in 2023; however, due to manufacturing and supply chain delays these vehicles will be delivered and paid for in 2024 Program Use of Funds CERF Amount Stormwater Amount CERF Scheduled Replacement of Vehicles or Equipment $ 402,120 $ 86,500 Capital Equipment Replacement Fund (CERF) Total $ 402,120 $ 86,500 2024 General Government Fleet Replacements Department 2023 Vehicle or Equipment Ordered CERF Amount Stormwater Amount Police 7 Patrol Cars ($268,404); 2 Harley Motorcycles ($47,216)$315,620 $0 Public Works Vactor Truck (cost estimate increased by $173,000)$ 86,500 $86,500 Total $402,120 $86,500 Source of Funds: •CERF Net PositionPa g e 2 2 4 o f 3 1 0 Purpose: •City Council authorized the 2024 acquisition of an electric train for Belleview Park in order to replace the existing train which has reached the end of its useful life •General Fund transfer of restricted funds from the Metropolitan Football Stadium District tax refund (Original Receipt $1.1 million) due to the 2022 sale of the Denver Broncos Team •Administrative oversight resulted in the exclusion of this amount ($320,157) in the 2024 Public Improvement Fund uses of funds total; the transfer from the General Fund of this amount is included in the 2024 PIF sources of funds total Source of Funds: •Public Improvement Unappropriated Fund Balance Program Use of Funds Amount Belleview Park Electric Train Purchase $ 320,157 Public Improvement Fund Total $ 320,157 2024 Belleview Park Electric Train Acquisition Pa g e 2 2 5 o f 3 1 0 Questions and/or Comments Pa g e 2 2 6 o f 3 1 0 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: January 8, 2024 SUBJECT: Amended 2024 Rate and Fee Schedule DESCRIPTION: Modify PRLG Fees Ranges to provide flexibility to dynamic pricing based on demand usage. RECOMMENDATION: Motion to approve the change in fees as proposed by the the Parks, Recreation, Library and Golf Department affecting the Golf Course 9 and 18-hole rounds played, and Admission Fees to the Pirates Cove and the Englewood Recreation Admissions. PREVIOUS COUNCIL ACTION: October 2, 2023 - City Council approved the comprehensive 2024 Schedule of Service, License and Permit Fees and Utility Rates resolution. SUMMARY: City Council annually considers for approval the city's comprehensive fees and rates schedule. This schedule may be updated throughout the year as necessary with City Council's approval. Please note that as ordinances, resolutions and motions are passed by City Council, this Schedule of Service, License and Permit Fees and Utility Rates will be updated. In order to provide dynamic pricing that adjusts to high demand of city facilities, the Parks, Recreation, Library and Golf Department requests the following changes to the adopted 2024 fees and rates: Fund Description Details Municipal Code Authorization 2024 Original Fees 2024 Revised Fees Comments General Pirates Cove Admission Fee EMC 11-4-2 $11-$20 $11-$21 $1 Non- Resident Increase General Englewood Recreation Center Admission Fee EMC 11-4-2 $4.25-$6.25 $4.25-$6.50 $0.25 Non- Resident Increase Golf Course Championship EMC 11-4-2 $22-24 $23-$27 Page 227 of 310 9-holes Weekday Golf Course Championship 9-holes Weekend EMC 11-4-2 $25-26 $26-$30 Golf Course Championship 18-holes Weekday EMC 11-4-2 $35-37 $36-$40 Golf Course Championship 18-holes Weekend EMC 11-4-2 $44-46 $45-$50 ANALYSIS: Please refer to the Financial Implications Section below. COUNCIL ACTION REQUESTED: Staff request that City Council approve by motion the revised 2024 PRLG fee increases for Golf Rounds Played and Admission Fees to the Pirates Cove and the Englewood Recreation Center (See Attachment B). These changes will be added to the comprehensive 2024 Schedule of Service, License and Permit Fees and Utility Rates (See Attachment A). FINANCIAL IMPLICATIONS: The recommended fee changes is anticipated to generate additional revenue for the General Fund and Golf Course as follows:  General Fund o Pirates Cove Admissions Revenue - $90,000 o Englewood Recreation Center Admissions Revenue - $425  Golf Course Fund o Rounds Played Revenue - $234,000 CONNECTION TO STRATEGIC PLAN: The revised 2024 Schedule of Service, License and Permit Fees and Utility Rates resolution supports the following Strategic's Plan results/outcomes:  Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable  Community Wellbeing - A city that provides satisfying opportunities for the vitality, enrichment, welfare, and happiness of the community OUTREACH/COMMUNICATIONS: NA ATTACHMENTS: Attachment B - 2024 New Fees and Rates Attachment A - 2024 Schedule of Service, License and Permit Fees and Utility Rates Page 228 of 310 Attachment B - 2024 New Fees and/or RatesCity of Englewood, Colorado Schedule of Service, License and Permit Fees and Utility Rates - Changes in 2024 Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Fees and Rates Effective 1/1/2024 Proposed Increase to Fee or Rate Effective 1/1/2024 Current Rate Comments Parks, Recreation, Library and Golf Facilities Admission ERC Admission ERC Admission EMC 11-4-2 $4.25-$6.50 $0.25 $4.25-$6.25 Non-resident rate increase only Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Campionship - 9 holes - weekday EMC 11-4-2 $23-$27 $1-$3 $22-$24 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 9 holes - Weekend EMC 11-4-2 $26-$30 $1-$4 $25-$26 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 18 holes - Weekday EMC 11-4-2 $36-$40 $1-$3 $35-$37 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 18 holes - Weekend EMC 11-4-2 $45-$50 $1-$4 $44-$46 Parks, Recreation, Library and Golf Pirates Cove Fees Admission Fee EMC 11-4-2 Varies $11-$21 $1.00 Varies $11-$20 Non-resident rate increase only Pa g e 2 2 9 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 City Clerk's Office Application Fee U.S. Passport Application Fee $35.00 $35.00 City Clerk's Office Application Fee U.S. Passport Photo Fee $15.00 $15.00 City Clerk's Office Festival Liquor Permit EMC 5-3A-9 $150.00 $150.00 City Clerk's Office General Penalty Fermented Malt Beverage and Wine License Nonrefundable Late Renewal Application Fee EMC 5-3A-7 $500.00 $500.00 City Clerk's Office General Penalty Medical and Retail Marijuana Late Renewal Fee EMC 5-3D-13/ 5-3E-10 $500.00 $500.00 City Clerk's Office General Penalty Medical Marijuana fine in lieu of suspension EMC 5-3D-17 not less than five hundred dollars ($500.00) nor more than one hundred thousand dollars ($100,000.00) not less than five hundred dollars ($500.00) nor more than one hundred thousand dollars ($100,000.00) City Clerk's Office General Penalty Retail Liquor License - Fine in lieu of suspension Whenever the Licensing Authority suspends a retail license for fourteen (14) days or less, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having his/her license suspended for all or part of the suspension period. Upon receipt of the petition, the Licensing Authority may, in its sole discretion, stay the proposed suspension to cause any investigation to be made which it deems desirable and may, in its sole discretion grant the petition EMC 5-3A-11 the fine imposed shall be equivalent to twenty percent (20%) of the licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall not be less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). the fine imposed shall be equivalent to twenty percent (20%) of the licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall not be less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). City Clerk's Office General Penalty Retail Marijuana Disciplinary Actions EMC 5-3E-14 (a) not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00) for license infractions of a minor nature that do not directly impact the public health, safety, or welfare which shall include but are not limited to failure to display badges, unauthorized minor modifications of premises of a minor nature, minor clerical errors in inventory tracking procedures; and (b) not less than one thousand dollars ($1,000.00) nor more than thirty thousand dollars ($30,000.00) for violations that have an immediate impact on the public health, safety, or welfare, including, but not limited to, a violation of C R S § 44 10 701(3)(d) (a) not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00) for license infractions of a minor nature that do not directly impact the public health, safety, or welfare which shall include but are not limited to failure to display badges, unauthorized minor modifications of premises of a minor nature, minor clerical errors in inventory tracking procedures; and (b) not less than one thousand dollars ($1,000.00) nor more than thirty thousand dollars ($30,000.00) for violations that have an immediate impact on the public health, safety, or welfare, including, but not limited to, a violation of C R S § 44 10 701(3)(d)City Clerk's Office Licensing Fees Art Permit EMC 5-3B-8 $100.00 $100.00 City Clerk's Office Licensing Fees Beer and Wine Application EMC 5-3B-2 $100.00 $100.00 City Clerk's Office Licensing Fees Beer and Wine License EMC 5-3B-2 $48.75 $48.75 City Clerk's Office Licensing Fees Beer and Wine Occupational Tax EMC 5-3B-3 $450.00 $450.00 City Clerk's Office Licensing Fees Brew Pub Occupational Tax EMC 5-3B-3 $750.00 $750.00 City Clerk's Office Licensing Fees Change of Location EMC 5-1-7 $750.00 $750.00 City Clerk's Office Licensing Fees Club Renewal Application EMC 5-2-3 & EMC 5-3B-10 $100.00 $100.00 City Clerk's Office Licensing Fees Club Renewal License EMC 5-2-3 & EMC 5-3B-11 $41.25 $41.25 City Clerk's Office Licensing Fees Club Renewal Occupational Tax EMC 5-3B-3 $450.00 $450.00 City Clerk's Office Licensing Fees Fermented Malt Beverage Renewal License Fee EMC 5-3A-7 $3.75 $3.75 City Clerk's Office Licensing Fees Fermented Malt Beverage License EMC 5-3B-2 $3.75 $3.75 City Clerk's Office Licensing Fees Fermented Malt Beverage Occupational Tax All licensees licensed to sell only fermented malt beverages in their original containers for consumption off the premises EMC 5-3B-3 $300.00 $300.00 City Clerk's Office Licensing Fees Fermented Malt Beverage Off-Premises Renewal Application EMC 5-3B-3 $100.00 $100.00 City Clerk's Office Licensing Fees Fermented Malt Beverage On and Off- Premises Renewal Application All licensees licensed to sell fermented malt beverages for consumption both on and off the premises EMC 5-3B-3 $450.00 $450.00 City Clerk's Office Licensing Fees Fermented Malt Beverage On- Premises Renewal Occupational Tax Licensees licensed to sell only fermented malt beverages by the drink for consumption on the premises EMC 5-3B--3 $450.00 $450.00 City Clerk's Office Licensing Fees Fermented Malt Beverage On-Pemises Renewal Application EMC 5-3B-3 $100.00 $100.00 City Clerk's Office Licensing Fees Hotel/Restaurant Renewal License EMC 5-3B-4/ 5-30-1 $75.00 $75.00 City Clerk's Office Licensing Fees Hotel/Restaurant Renewal Application EMC 5-3B-4/ 5-30-1 $100.00 $100.00 City Clerk's Office Licensing Fees Hotel/Restaurant Renewal Occupational Tax EMC 5-3B-4/ 5-30-1 $650.00 $650.00 City Clerk's Office Licensing Fees Liquor Licensed Drug Store Renewal Occupational Tax EMC 5-3B-4 $300.00 $300.00 City Clerk's Office Licensing Fees Liquor Transfer of Ownership EMC 5-3A-3(7)$750.00 $750.00 City Clerk's Office Licensing Fees Manager Change EMC 5-3B-4 $30.00 $30.00 City Clerk's Office Licensing Fees Marijuana New Application EMC 5-3E-12/ EMC 5-3E-10 $1,500.00 $1,500.00 Pa g e 2 3 0 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 City Clerk's Office LIcensing Fees Marijuana New License EMC 5-3E-12/ EMC 5-3E-10 $1,500.00 $1,500.00 City Clerk's Office Licensing Fees Marijuana Renewal Application EMC 5-3E-12/ EMC 5-3E-10 $1,500.00 $1,500.00 City Clerk's Office Licensing Fees Marijuana Renewal License EMC 5-3E-12/ EMC 5-3E-10 $1,500.00 $1,500.00 City Clerk's Office Licensing Fees Marijuana Transfer Application EMC 5-3E-8/ EMC 5-3E-10 $1,500.00 $1,500.00 City Clerk's Office Licensing Fees Marijuana Transfer License EMC 5-3E-8 / EMC 5-3E-10 $1,500.00 $1,500.00 City Clerk's Office Licensing Fees Mini Bar Occupational Tax EMC 5-3B-3 $450.00 $450.00 City Clerk's Office Licensing Fees New Liqour License EMC 5-3B-2 $1,000.00 $1,000.00 City Clerk's Office Licensing Fees Optional Premises Occupational Tax EMC 5-3B-3 $650.00 $650.00 City Clerk's Office Licensing Fees Retail Liquor Store Renewal Application EMC 5-3A-7 $100.00 $100.00 City Clerk's Office Licensing Fees Retail Liquor Store Renewal License EMC 5-3A-7 $22.50 $22.50 City Clerk's Office Licensing Fees Retail Liquor Store Renewal Occupational Tax EMC 5-3B-3 $300.00 $300.00 City Clerk's Office Licensing Fees Special Event Permit EMC 5-3B-8/ 5-3A-9 $100.00 $100.00 City Clerk's Office Licensing Fees Tasting Permit EMC 5-3B-8 $100.00 $100.00 City Clerk's Office Licensing Fees Tavern Renewal Occupational Tax EMC 5-3B-3 $650.00 $650.00 City Clerk's Office Licensing Fees Tavern Renewal Application EMC 5-3A-7 $100.00 $100.00 City Clerk's Office Licensing Fees Tavern Renewal License EMC 5-3A-7 $75.00 $75.00 City Clerk's Office Open Records Request Colorado Open Records Act (CORA)Gathering, reviewing, redacting if more than 1 hour C.R.S. 24-72-103 $30.00 $30.00 City Clerk's Office Open Records Request Copy Charges - Black/White - per page fee Total copy charges under $5.00 will be waived C.R.S.24-72-205(5)(a)$0.25 $0.25 City Clerk's Office Open Records Request Copy Charges - Color C.R.S.24-72-205(5)(a)$.35 per page (total copy charges under $5.00 will be waived) $.35 per page (total copy charges under $5.00 will be waived) City Clerk's Office Open Records Request USB (each)$5.00 $5.00 Community Development Application Fee STR new application fee, renewal of expired license application fee EMC 5-31-9 $500.00 $500.00 Community Development Building & Construction Materials All costs associated with municipal infrastructure projects - school district construction rojects rewponsibility of public school district Upon applicatioin for permit - pay as a deposit amount equal to 3.8% of 50% of estimated cost OR 3.8% of 40% of estimated cost of improvement EMC 4-4-5-3B(2) Community Development Building & Construction Materials Construction equipment which is located within the boundaries of the City for a period of thirty (30) consecutive days or less shall be subjected to the City's use tax in an amount which does not exceed the amount calculated as follows: the purchase price of the equipment shall be multiplied by a fraction, the numerator of which is one and the denominator of which is twelve ( 1/12 ), and the result shall be multiplied by three and one-half percent (3 5%) EMC 4-4-4-7(D) Community Development Building Permit Fees $1,000,001 and up 2018 IRC Section R108 for one and two family dwellings EMC 16-2-3(C.)$6,205.54 for the first $1,000,000 plus $3.49 for each additional $1,000 or fraction thereof. $6,205.54 for the first $1,000,000 plus $3.49 for each additional $1,000 or fraction thereof. Community Development Building Permit Fees $1.00 to $500 EMC 16-2-3(C.)$26.00 $26.00 Community Development Building Permit Fees $100,001 to $500,000 EMC 16-2-3(C.)$1,157.00 for the first $100,000 plus $6.20 for each additional $1,000, or fraction thereof, to and including $500,000. $1,157.00 for the first $100,000 plus $6.20 for each additional $1,000, or fraction thereof, to and including $500,000. Community Development Building Permit Fees $2,000.01 to $25,000 EMC 16-2-3(C.)$76.62 for the first $2,000 plus $15.49 for each additional $1,000 or fraction thereof, to and including $25,000. $76.62 for the first $2,000 plus $15.49 for each additional $1,000 or fraction thereof, to and including $25,000. Community Development Building Permit Fees $25,000.01 to $50,000 EMC 16-2-3(C.)$432.88 for the first $25,000 plus $11.17 for each additional $1,000 or fraction thereof, to and including $50,000. $432.88 for the first $25,000 plus $11.17 for each additional $1,000 or fraction thereof, to and including $50,000. Community Development Building Permit Fees $50,001 to $100,000 EMC 16-2-3(C.)$712.25 for the first $50,000 plus $7.74 for each additional $1,000, or fraction thereof, to and including $100,000. $712.25 for the first $50,000 plus $7.74 for each additional $1,000, or fraction thereof, to and including $100,000. Community Development Building Permit Fees $500,001 to $1,000,000 EMC 16-2-3(C.)$3,577.83 for the first $500,000 plus $5.25 for each additional $1,000, or fraction thereof, to and including $1,000,000. $3,577.83 for the first $500,000 plus $5.25 for each additional $1,000, or fraction thereof, to and including $1,000,000. Community Development Building Permit Fees $501 to $2,000 EMC 16-2-3(C.)$26 for the first $500 plus $3.37 for each additional $100 or fraction thereof, to and including $2,000. $26 for the first $500 plus $3.37 for each additional $100 or fraction thereof, to and including $2,000. Community Development Demolition Permit multifamily and nonresidential structures EMC 8-6-1 $200.00 $200.00 Pa g e 2 3 1 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Community Development Demolition Permit single-family residential, residential duplex and accessory structures EMC 8-6-1 $50.00 $50.00 Community Development Inspection Fee STR Inspection Fee EMC 5-31-9 $55.00 $55.00 Community Development Land Subdivision and Development Administrative Subdivision Approval of a Minor Subdivision Plat or Administrative Land Review Permit is required whenever a division or combination of land occurs that does not require land dedication for public purposes. If land dedications are required, or if a proposed action does not meet one (1) or more conditions listed below, then the Major Subdivision process in Section 16-2-10 EMC shall apply EMC 16-2-11 $600.00 $600.00 Community Development Land Subdivision and Development Annexation EMC 16-2-5 $1,050.00 $1,050.00 Community Development Land Subdivision and Development Major Subdivision Approval of a Major Subdivision Plat is required whenever a subdivision of land requires the dedication of land for public rights-of-way or public areas. Approval of a Major Subdivision Plat requires a two-stage process involving (1) approval of a preliminary plat by the Commission, and (2) approval of a final plat document by the Council. The Minor Subdivision process in Section 16-2-11 EMC, shall apply where dedication of land is not required and to certain boundary adjustments and lot consolidations EMC 16-2-10 $1,050.00 $1,050.00 Community Development Land Subdivision and Development Minor Subdivision Approval of a Minor Subdivision Plat or Administrative Land Review Permit is required whenever a division or combination of land occurs that does not require land dedication for public purposes. If land dedications are required, or if a proposed action does not meet one (1) or more conditions listed below, then the Major Subdivision process in Section 16-2-10 EMC shall apply EMC 16-2-11 $800.00 $800.00 Community Development Land Subdivision and Development Property Combination EMC 16-2-11 $150.00 $150.00 Community Development Land Subdivision and Development Vacation of Easement EMC 16-2-3(c )$400.00 $400.00 Community Development Land Subdivision and Development Vacation of Right of Way EMC 16-2-3(c )$600.00 $600.00 Community Development License Fee STR License fee (both new and renewal)EMC 5-31-9 $200.00 $200.00 Community Development License Fee STR License renewal application fee, if filed prior to expiration of the License EMC 5-31-9 $300.00 $300.00 Community Development Licensing Fees Contractor Licensing Fees for Licenses and Certificates of Registration EMC 5-7-10 Community Development Miscellaneous Valuations Asphalt Roofing EMC 16-2-3(c )$220 per square $220 per square Community Development Miscellaneous Valuations Wood Fencing EMC 16-6-6 $27.50 per linear foot $27.50 per linear foot Community Development Other Fees Additional Plan Review Fees required by changes, additions, or revisions EMC 8-2A-2 (110.7)$55 per hour $55 per hour Community Development Other Fees Arapahoe County Open Space Tax .25% on one-half the total valuation .25% on one-half the total valuation Community Development Other Fees Exemption to Plan Review Fee Exception EMC 16-2-3(c )the 65% Plan Review shall be waived for single-family, owner-occupied dwellings the 65% Plan Review shall be waived for single-family, owner-occupied dwellings Community Development Other Fees Inspections for which no fee is specifically indicated (minimum charge - one-half hour) EMC 16-2-3(c )$55 per hour $55 per hour Community Development Other Fees Inspections outside of normal business hours (minimum charge - 2 hours) EMC 16-2-3(c )$55 per hour $55 per hour Community Development Other Fees Issuance of temporary Certificate of Occupancy EMC 8-2A-2 $150.00 $150.00 Community Development Other Fees Park Fee-in-Lieu of Public Land Dedication EMC 16-2-3(c )$460 per one-unit dwelling or $385 per multi-unit dwelling $460 per one-unit dwelling or $385 per multi-unit dwelling Community Development Other Fees Plan Review Fee EMC 8-2A-2 (109.2)65% of building permit fee 65% of building permit fee Community Development Other Fees Re-Inspection Fee EMC 8-2A-2 (110.7)$75.00 per hour $75.00 per hour Community Development Other Fees Use Tax EMC 4-4-5-3 3.8% on one-half the total valuation 3.8% on one-half the total valuation Community Development Penalty STR Non-Complaince First Penalty EMC 5-31-8(D)(2)$500.00 $500.00 Community Development Penalty STR Non-Complaince Second Pentalty EMC 5-31-8(D)(2)$1,000.00 $1,000.00 Community Development Penalty STR Non-Complaince Third Penalty EMC 5-31-8(D)(2)$1,500.00 $1,500.00 Community Development STR - Certificate of Occupany Suspension Fee EMC 5-31-9 $55.00 $55.00 Pa g e 2 3 2 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Community Development Structure Moving Permit Moving Structure into the City EMC 8-5-2 $50.00 $50.00 Community Development Structure Moving Permit Moving Structure through or Out of the City EMC 8-5-2 $25.00 $25.00 Community Development Use Permits Accessory Dwelling Units Impact Fees EMC 16-5-4 $550.00 $550.00 Community Development Use Permits Adaptive Re-use of Historic Structure EMC 16-5-3 $500.00 $500.00 Community Development Use Permits Conditional Use Annual Inspection EMC 16-2-12 (G)$25.00 $25.00 Community Development Use Permits Conditional Use Permit EMC 16-2-12 $600.00 $600.00 Community Development Use Permits Historic Designation Application Fee charged shall be sufficient to cover costs of publication, notice and recording costs, administrative costs…application fee shall be established. EMC 16-6-11 $200.00 $200.00 Community Development Use Permits Landscape Fee-in-Lieu Amount of Fee-In-Lieu/Accounting. Only after it has been determined by the City that an alternative compliance plan is not practical or feasible, a fee-in-lieu equivalent may be considered. The fee-in-lieu shall be based on a fee amount set by Council and calculated based on the square footage shortfall of the total required landscaped area. The fee shall be paid to the City and an accounting shall be made for landscaping and beautification of areas as determined by EMC 16-2-3 $4.00 per sq. ft. of required landscaped area $4.00 per sq. ft. of required landscaped area Community Development Use Permits Limited Use Permit Initiation. An application for a Limited Use Permit may be initiated by those parties identified in Section 16-2-3.A. EMC, or by any other party who can demonstrate a substantial, continuing interest in the property covered by the Limited Use Permit application. An application for a Limited Use Permit may be submitted with an application for Site Improvement Plan review and processed simultaneously EMC 16-2-13 $150.00 $150.00 Community Development Use Permits Temporary Use Permit All temporary uses and structures allowed under Section 16-5-5 EMC, shall be subject to the procedures and requirements for a Temporary Use Permit set forth in this EMC 16-2-14 $150.00 $150.00 Community Development Written Requests Address Assignment Request EMC 16-2-3 $100.00 $100.00 Community Development Written Requests Change of Address Request EMC 4-4-1-4 $100.00 $100.00 Community Development Written Requests Group Living Facility Registration EMC 16-5-2 $50.00 $50.00 Community Development Written Requests Nonconforming Use Registration EMC 16-9-2 $150.00 $150.00 Community Development Written Requests Written Zoning Verification EMC 16-2-16 $150.00 $150.00 Community Development Zoning Variance and Adjustments and Appeals Applications Administrative Adjustment EMC 16-2-17 $250.00 $250.00 Community Development Zoning Variance and Adjustments and Appeals Applications Appeal EMC 16-2-8 $250.00 $250.00 Community Development Zoning Variance and Adjustments and Appeals Applications Short-Term Rental Waiver EMC 5-31-3 $250.00 $250.00 Community Development Zoning Variance and Adjustments and Appeals Applications Variance EMC 16-2-3 $250.00 $250.00 Community Development Zoning/Rezoning Applications Amendment to an Approved PUD or TSA Expansion or PD EMC 16-2-8 $1,200.00 $1,200.00 Community Development Zoning/Rezoning Applications Base District Rezone EMC 16-2-7 $1,050.00 $1,050.00 Community Development Zoning/Rezoning Applications Planned Unit Development EMC 16-2-8 $2,000.00 $2,000.00 Community Development Zoning/Rezoning Applications Transit Station Area EMC 16-3-1 $2,000.00 $2,000.00 Community Development Work without permit or license Double fee of permit or license EMC 1-4-2 Finance Application Fee Finger Printing Fee Dependent on License Requirement $50.00 $50.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee)101-200 units EMC 5-30-3 $250.00 $250.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee)26-50 units EMC 5-30-3 $150.00 $150.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee)51-100 units EMC 5-30-3 $200.00 $200.00 Finance Application Fee Hotel/Motel - Application Fee (one-time fee)over 200 units EMC 5-30-3 $300.00 $300.00 Finance Application Fee Misc. Business License Application Fee EMC 5-1-2 $25.00 $25.00 Finance Application Fee Pawnbroker/Auto Pawn Initial Fee EMC 5-16-3 / 5-15-3 $2,500.00 $2,500.00 Finance Application Fee Telecommunications Facility: Initial Fee EMC 5-27-3 $100.00 $100.00 Finance Application Fee Telecommunications Tower: Initial Fee EMC 5-27-3 $200.00 $200.00 Finance Application Feee Background Check Fee Dependent on License Requirement $50.00 $50.00 Pa g e 2 3 3 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Finance Bi-City Treatment Plant Fund Property owner eligible: assessment deferred, 1) promissory note & lien to City; 2) is responsible for recording fees. EMC 4-3-8A(1) Finance Bond Requirements Itinerant Vendors Bond EMC 4-4-4-5 Finance Inspection Fee Hotel/Motel - Inspection Fees First Re-Inspection EMC 5-30-3 $50.00 $50.00 Finance Inspection Fee Hotel/Motel - Inspection Fees Fourth and each subsequent Re- Inspection EMC 5-30-3 $400.00 $400.00 Finance Inspection Fee Hotel/Motel - Inspection Fees Initial Inspection EMC 5-30-3 $0.00 - No Charge $0.00 - No Charge Finance Inspection Fee Hotel/Motel - Inspection Fees Second Re-Inspection EMC 5-30-3 $100.00 $100.00 Finance Inspection Fee Hotel/Motel - Inspection Fees Third Re-Inspection EMC 5-30-3 $200.00 $200.00 Finance License Fee Adult Entertainment Establishment Annual EMC 5-6-3 $2,000.00 $2,000.00 Finance License Fee Amusement/Public Dances Annual EMC 5-2-1 and 5-2-4 $60.00 $60.00 Finance License Fee Amusement/Public Dances Annual per machine, lane and/or table EMC 5-2-4 $25.00 $25.00 Finance License Fee Arborist Annual EMC 5-14-2 $60.00 $60.00 Finance License Fee Auctioneer Itinerant: Annual EMC 5-18-2 $75.00 $75.00 Finance License Fee Auctioneer Resident: Annual EMC 5-18-2 $25.00 $25.00 Finance License Fee Auto Salvage/Recycling Yards Annual EMC 5-10-3 $100.00 $100.00 Finance License Fee Body Piercing Establishment Annual EMC 5-21-3 $150.00 $150.00 Finance License Fee Breeders Annual EMC 5-25-2 $50.00 $50.00 Finance License Fee Canine & Feline Initial Fee EMC 5-25-2 $50.00 $50.00 Finance License Fee Christmas Tree Dealers Annual EMC 5-12-3 $25.00 $25.00 Finance License Fee Direct Sellers Annual EMC 5-19-2 $75.00 $75.00 Finance License Fee Direct Sellers Special Event Fee EMC 5-19-2/ 5-20-2 $5.00 $5.00 Finance License Fee Food Vendors Annual EMC 5-4-2 $75.00 $75.00 Finance License Fee Food Vendors Special Event Fee EMC 5-4-2 $10.00 $10.00 Finance License Fee Guard/Attack Dog Annual EMC 7-1A-13/ 5-28-3 $100.00 $100.00 Finance License Fee Hotel or Bed and Breakfast Annual EMC 5-30-1 $100.00 $100.00 Finance License Fee Hotel/Motel - License Fee (annual)101-200 units EMC 5-30-3 $175.00 $175.00 Finance License Fee Hotel/Motel - License Fee (annual)26-50 units EMC 5-30-3 $125.00 $125.00 Finance License Fee Hotel/Motel - License Fee (annual)51-100 units EMC 5-30-3 $150.00 $150.00 Finance License Fee Hotel/Motel - License Fee (annual)over 200 units EMC 5-30-3 $200.00 $200.00 Finance License Fee Pawnbroker/Auto Pawn Annual EMC 5-16-3 / 5-15-3 $1,250.00 $1,250.00 Finance License Fee Purchaser of Valuable Articles Annual EMC 5-23-2 $250.00 $250.00 Finance License Fee Reflexology Annual EMC 5-8-3 $100.00 $100.00 Finance License Fee Sales Tax License Application Fee Bi-Annual renewal EMC 4-4-1-1(D)$25.00 $25.00 Finance License Fee Special Events Per Event EMC 5-20-3 $40.00 $40.00 Finance License Fee Tattoo Establishments Annual EMC 5-24-3 $100.00 $100.00 Finance License Fee Telecommunications Facility: Annual EMC 5-27-2 $50.00 $50.00 Finance License Fee Telecommunications Tower: Annual EMC 5-27-2 $50.00 $50.00 Finance License Fee Temporary Employment Services Annual EMC 5-13-2 $100.00 $100.00 Finance License Fee Third Party Food Delivery Platform EMC 5-32-3 $0.00 $0.00 Finance License Fee Trash Hauling Annual Per Truck EMC 5-26-3 $100.00 $100.00 Finance Penalty Advertising Unlicensed STR Hosting Platform Penalty EMC 5-31-8(A)$1000 - Per Day $1000 - Per Day Finance Penalty Fee Deficient tax return EMC 4-4-11 If the amount paid is less than the amount due, the difference, together with interest thereon at the rate of one percent (1%) per month from the time the return was due, shall be paid by the vendor within fifteen (15) days after written notice and demand to him from the City. If the amount paid is less than the amount due, the difference, together with interest thereon at the rate of one percent (1%) per month from the time the return was due, shall be paid by the vendor within fifteen (15) days after written notice and demand to him from the City.Finance Penalty Fee Disregard for Rules; Penalty Assessed EMC 4-4-19 If any part of a deficiency in tax payment is due to negligence or intentional disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiency; and in such case, interest shall be collected at the rate of one percent (1%) per month on the amount of the deficiency from the time the return was due, from the person required to file the return, which interest and addition shall become due and payable within fifteen (15) days after written notice and demand by the City If any part of a deficiency in tax payment is due to negligence or intentional disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiency; and in such case, interest shall be collected at the rate of one percent (1%) per month on the amount of the deficiency from the time the return was due, from the person required to file the return, which interest and addition shall become due and payable within fifteen (15) days after written notice and demand by the CityFinancePenalty Fee Estimated Assessment Penalty Fee Estimated Assessment Notice Penalty Fee for not filing return by due date EMC 4-4-8 (C)(1)$75.00 $75.00 Pa g e 2 3 4 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Finance Penalty Fee Fail to collect by Officers of Corporations, Members of Partnerships, Limited Liability Companies EMC 4-4-21 In addition to the penalties provided in Section 4-4-20 EMC, all officers of a corporation and all members of a partnership or a limited liability company required to collect, account for, and pay over any tax administered by this Article who willfully fail to collect, account for, or pay over such tax or who willfully attempt in any manner to evade or defeat any such tax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty equal to one hundred fifty percent (150%) of the total amount of the tax not collected, accounted for, paid over, or otherwise evaded. Officers of a corporation or members of a partnership or a limited liability company shall be deemed to be subject to this Section if the corporation, partnership, or limited liability company is subject to filing returns or paying taxes administered by this Article and if such officers of corporations or members of partnerships or limited liability companies voluntarily or at the direction of their superiors assume the duties or ibiliti f l i ith th In addition to the penalties provided in Section 4-4-20 EMC, all officers of a corporation and all members of a partnership or a limited liability company required to collect, account for, and pay over any tax administered by this Article who willfully fail to collect, account for, or pay over such tax or who willfully attempt in any manner to evade or defeat any such tax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty equal to one hundred fifty percent (150%) of the total amount of the tax not collected, accounted for, paid over, or otherwise evaded. Officers of a corporation or members of a partnership or a limited liability company shall be deemed to be subject to this Section if the corporation, partnership, or limited liability company is subject to filing returns or paying taxes administered by this Article and if such officers of corporations or members of partnerships or limited liability companies voluntarily or at the direction of their superiors assume the duties or ibiliti f l i ith th Finance Penalty Fee Fraud; Penalty Assessed EMC 4-4-19 any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the additions, shall become due and payable fifteen (15) days after written notice and demand by the City and an additional one percent (1%) per month on said amounts shall be added from the date the return was due until paid. any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of the total amount of the deficiency, and in such case the whole amount of the tax unpaid, including the additions, shall become due and payable fifteen (15) days after written notice and demand by the City and an additional one percent (1%) per month on said amounts shall be added from the date the return was due until paid. Finance Penalty Fee Operating without Sales and Use Tax License EMC 4-4-1-5(D)$25.00 per day $25.00 per day Finance Processing Fee Paper Filing Fee Per remittance and/or license application requiring in-office processing EMC 5-1-6(D)/ 4-4-4-7(E)$25.00 $25.00 Finance Processing Fee Returned Check Fee For each bank returned item EMC 4-4-18 $30.00 $30.00 Finance Retail Marijuana Sales Tax Rate in addition to the current 3.8% Local Sales Tax Rate Effective Dates and Rates 1/1/2023-Additional Marijuana Tax Rate is 6.5% for a total Tax Rate of 10.3% EMC 4-4-4-2B 10.30%10.30% Finance Service Fee Emergency Telephone Charge EMC 4-8-2 Finance Surcharge Fee Waste Transfer Surcharge Per cubic yard EMC 4-7-3 $0.63 $0.63 Finance Tax Basic Local Exchange Ownership Per phone line including VOIP EMC 4-5-4 $0.55 $0.55 Finance Tax Failure to Pay - Penalty - City Action to Collect If any Provider subject to the provisions of this Chapter fails to pay the taxes as provided in Section 5, the full amount thereof, together with a penalty of ten percent (10%) of the amount of taxes unpaid, and interest accruing and compounded at a monthly rate of one percent (1%), shall become a debt due and owing from such Provider to the City. The City Attorney, upon direction of the City Council, shall commence and prosecute to final judgment and determination in any court of competent jurisdiction, an action at law to collect the debt. EMC 4-5-7 penalty of ten percent (10%) of the amount of taxes unpaid, and interest accruing and compounded at a monthly rate of one percent (1%), penalty of ten percent (10%) of the amount of taxes unpaid, and interest accruing and compounded at a monthly rate of one percent (1%), Finance Tax Lodgers Tax Lodgers Tax EMC 4-4-4-2(B)2.00%2.00% Finance Tax Sales Tax Rate Sales Tax EMC 4-4-4-7C 3.80%3.80% Finance Tax Use Tax Rate Use Tax EMC 4-4-5-3 3.80%3.80% Finance Taxes Due Sale of Stock or Quitting Business If return no filed city may make an estimate of taxes due and add penalty equal to 10% EMC 4-4-9A Finance Transaction Fee Pawn or Purchaser of Valuable Articles Transaction Fee EMC 5-15-4(g)$0.30 $0.30 Pa g e 2 3 5 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Finance Bag Fee City receives $0.06 of the $0.10 fee charged for recycled paper bags and single use plastic bags that the business provides to the customer. Effective January 1, 2023, a $0.10 per bag fee is charged for recycled paper bags and single use plastic bags that the business provides to the customer. Businesses are to remit 60% of the bag fees collected to the City of Englewood on a quarterly basis. Please note the exemption for retail food establishments/restaurants and small stores (a store that operates solely in Colorado and has 3 or fewer locations) $0.10 $0.10 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees EMC 11-4-2 Please refer to the Recreation Guide for Current Fee Schedule Please refer to the Recreation Guide for Current Fee Schedule Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Campionship - 9 holes - weekday EMC 11-4-2 $23-$27 $1-$3 $22-$24 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 9 holes - Weekend EMC 11-4-2 $26-$30 $1-$4 $25-$26 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 9 holes - Senior EMC 11-4-2 $16-$17 $16-$17 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 9 Holes - Junior EMC 11-4-2 $10-$11 $10-$11 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 9 Holes - Annual EMC 11-4-2 $4.00 $4.00 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 18 holes - Weekday EMC 11-4-2 $36-$40 $1-$3 $35-$37 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 18 holes - Weekend EMC 11-4-2 $45-$50 $1-$4 $44-$46 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 18 holes - Senior EMC 11-4-2 $28-$30 $28-$30 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 18 holes - Junior EMC 11-4-2 $17-$19 $17-$19 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Championship - 18 holes - Annual EMC 11-4-2 $6.00 $6.00 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Par 3 - Daily EMC 11-4-2 $12-$14 $12-$14 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Par 3 - Senior EMC 11-4-2 $9-$10 $9-$10 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Par 3 - Junior EMC 11-4-2 $6.00 $6.00 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Par 3 - Annual EMC 11-4-2 $3.00 $3.00 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Par 3 - Monday Madness EMC 11-4-2 $8-$9 $8-$9 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Par 3 - Footgolf EMC 11-4-2 $12.00 $12.00 Parks, Recreation, Library and Golf Classes and Programs Golf Program and Course Fees Par 3 - Junior Footgolf EMC 11-4-2 $6.00 $6.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs EMC 11-4-2 Please refer to the Recreation Guide for Current Fee Schedule Please refer to the Recreation Guide for Current Fee Schedule Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs General fitness - 3 classes a month - resident EMC 11-4-2 $16.00 $16.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs General fitness - 3 classes a month - non- resident EMC 11-4-2 $20.00 $20.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs General fitness - 4 classes a month - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs General Fitness - 4 classes a month - non resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs General fitness - 5 classes a month - resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs General Fitness - 5 classes a month - non resident EMC 11-4-2 $33.00 $33.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Essentrics - 3 classes a month - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Essentrics - 3 classes a month - non-resident EMC 11-4-2 $27.00 $27.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Essentrics - 4 classes a month - resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Essentrics - 4 classes a month - nonresident EMC 11-4-2 $32.00 $32.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Essentrics - 5 classes a month - resident EMC 11-4-2 $32.00 $32.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs essentrics - 5 classes a month - non resident EMC 11-4-2 $40.00 $40.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Specialty Yoga - 3 classes a month - resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Specialty Yoga - 3 classes a month - non resident EMC 11-4-2 $31.00 $31.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Specialty Yoga - 4 classes a month - resident EMC 11-4-2 $34.00 $34.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Specialty Yoga - 4 classes a month - non resident EMC 11-4-2 $43.00 $43.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Specialty Yoga - 5 classes a month - resident EMC 11-4-2 $43.00 $43.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Specialty Yoga - 5 classes a month - non resident EMC 11-4-2 $53.00 $53.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs SilverSneakers Fitness Club - Resident EMC 11-4-2 $29.00 $29.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs SilverSneakers Fitness Club - Non Resident EMC 11-4-2 $37.00 $37.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Total Body Fitness EMC 11-4-2 $32.00 $32.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Total Body Fitness EMC 11-4-2 $44.00 $44.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 6 classes - resident EMC 11-4-2 $29.00 $29.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 6 classes - non resident EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 7 classes - resident EMC 11-4-2 $34.00 $34.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 7 classes - non resident EMC 11-4-2 $43.00 $43.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 8 classes - resident EMC 11-4-2 $39.00 $39.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 8 classes - non resident EMC 11-4-2 $49.00 $49.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 9 classes - resident EMC 11-4-2 $44.00 $44.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Chair Yoga - 9 classes - non resident EMC 11-4-2 $53.00 $53.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Tai Chi for Better Balance- resident EMC 11-4-2 $90.00 $90.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Tai Chi for Better Balance- non resident EMC 11-4-2 $109.00 $109.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Light Yoga - 7 classes - resident EMC 11-4-2 $43.00 $43.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Light Yoga - 7 classes - non resident EMC 11-4-2 $54.00 $54.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Light Yoga - 8 classes - resident EMC 11-4-2 $50.00 $50.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Light Yoga - 8 classes - non resident EMC 11-4-2 $63.00 $63.00 Pa g e 2 3 6 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Light Yoga - 9 classes - resident EMC 11-4-2 $67.00 $67.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Light Yoga - 9 classes - non resident EMC 11-4-2 $83.00 $83.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gentle, Vinyasa Yogas, Tai Chi Yoga Fusion - 3 classes - resident EMC 11-4-2 $22.00 $22.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gentle, Vinyasa Yogas, Tai Chi Yoga Fusion - 3 classes - non resident EMC 11-4-2 $27.00 $27.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gentle, Vinyasa Yogas, Tai Chi Yoga Fusion - 4 classes - resident EMC 11-4-2 $29.00 $29.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gentle, Vinyasa Yogas, Tai Chi Yoga Fusion - 4 classes - non resident EMC 11-4-2 $36.00 $36.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gentle, Vinyasa Yogas, Tai Chi Yoga Fusion - 5 classes - resident EMC 11-4-2 $36.00 $36.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gentle, Vinyasa Yogas, Tai Chi Yoga Fusion - 5 classes - non resident EMC 11-4-2 $45.00 $45.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Core Yoga - 3 classes - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Core Yoga - 3 classes - non resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Core Yoga - 4 classes - resident EMC 11-4-2 $29.00 $29.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Core Yoga - 4 classes - non resident EMC 11-4-2 $36.00 $36.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Core Yoga - 5 classes - resident EMC 11-4-2 $36.00 $36.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Core Yoga - 5 classes - non resident EMC 11-4-2 $45.00 $45.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pilates - 3 classes - resident EMC 11-4-2 $44.00 $44.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pilates - 3 classes - non resident EMC 11-4-2 $55.00 $55.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pilates - 4 classes - resident EMC 11-4-2 $58.00 $58.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pilates - 4 classes - non resident EMC 11-4-2 $73.00 $73.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pilates - 5 classes - resident EMC 11-4-2 $73.00 $73.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pilates - 5 classes - non resident EMC 11-4-2 $88.00 $88.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Barre - 3 classes - resident EMC 11-4-2 $20.00 $20.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Barre - 3 classes - non resident EMC 11-4-2 $25.00 $25.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Barre - 4 classes - resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Barre - 4 classes - non resident EMC 11-4-2 $33.00 $33.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Barre - 5 classes - resident EMC 11-4-2 $33.00 $33.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Barre - 5 classes - non resident EMC 11-4-2 $41.00 $41.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Skyhawks 9am-noon EMC 11-4-2 $170.00 $170.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Skyhawks 9am-3pm EMC 11-4-2 $250.00 $250.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs youth tennis 30 min class EMC 11-4-2 $80.00 $80.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs youth tennis 1 hr class EMC 11-4-2 $160.00 $160.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs adult tennis 1 hr EMC 11-4-2 $65.00 $65.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs pickleball 1 hr EMC 11-4-2 $20.00 $20.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs pickleball 1.5 hr family EMC 11-4-2 $10/person $10/person Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Raquetball - youth - resident EMC 11-4-2 $44.00 $44.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Raquetball - youth - non reisdent EMC 11-4-2 $55.00 $55.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Raquetball - family - resident EMC 11-4-2 $16/ person $16/ person Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Raquetball - family - non resident EMC 11-4-2 $20/ person $20/ person Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Tumbling - 3 classes - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Tumbling - 3 classes - non resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Tumbling - 4 classes - resident EMC 11-4-2 $28.00 $28.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Tumbling - 4 classes - non resident EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Tumbing Tykes - 3 classes - residential EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Tumbing Tykes - 3 classes - non residential EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Tumbing Tykes - 4 classes - residential EMC 11-4-2 $28.00 $28.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Tumbing Tykes - 4 classes - non residential EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gymnast Jubilee - 3 classes - residential EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gymnast Jubilee - 3 classes - non residential EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gymnast Jubilee - 4 classes - residential EMC 11-4-2 $28.00 $28.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Gymnast Jubilee - 4 classes - non residential EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Me dance - 3 classes - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Me dance - 3 classes - non resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Me dance - 4 classes - resident EMC 11-4-2 $28.00 $28.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Toddler and Me dance - 4 classes - non resident EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 12 classes - resident EMC 11-4-2 $84.00 $84.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 12 classes - non resident EMC 11-4-2 $90.00 $90.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 13 classes - resident EMC 11-4-2 $91.00 $91.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 13 classes - non resident EMC 11-4-2 $98.00 $98.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 3 classes - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 3 classes - resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 4 classes - resident EMC 11-4-2 $28.00 $28.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Peewee dance - 4 classes - non resident EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 12 Classes - resident EMC 11-4-2 $84.00 $84.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 12 Classes - Non resident EMC 11-4-2 $90.00 $90.00 Pa g e 2 3 7 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 13 Classes - resident EMC 11-4-2 $91.00 $91.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 13 Classes - Non resident EMC 11-4-2 $98.00 $98.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 3 Classes - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 3 Classes - Non resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 4 Classes - resident EMC 11-4-2 $28.00 $28.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Dance - 4 Classes - Non resident EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 12 classes - resident EMC 11-4-2 $84.00 $84.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 12 classes - non resident EMC 11-4-2 $90.00 $90.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 13 classes - resident EMC 11-4-2 $91.00 $91.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 13 classes - non resident EMC 11-4-2 $98.00 $98.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 3 classes - resident EMC 11-4-2 $21.00 $21.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 3 classes - non resident EMC 11-4-2 $26.00 $26.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 4 classes - resident EMC 11-4-2 $28.00 $28.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Pre-teen dance - 4 classes - non resident EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Parents night out - resident EMC 11-4-2 $20.00 $20.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Parents night out - non resident EMC 11-4-2 $25.00 $25.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs School Daze Out - resident EMC 11-4-2 $25.00 $25.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs School Daze Out - non resident EMC 11-4-2 $35.00 $35.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Young Artists - resident EMC 11-4-2 $70.00 $70.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Young Artists - non resident EMC 11-4-2 $87.00 $87.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Escape the Rec - resident EMC 11-4-2 $45.00 $45.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Escape the rec - non resident EMC 11-4-2 $55.00 $55.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Games, Games, Games - resident EMC 11-4-2 $20.00 $20.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Games, Games, Games - non resident EMC 11-4-2 $25.00 $25.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Snapology - resident EMC 11-4-2 $280.00 $280.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Snapology - non resident EMC 11-4-2 $300.00 $300.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth learn to swim - resident EMC 11-4-2 $52.00 $52.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth learn to swim - non resident EMC 11-4-2 $60.00 $60.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Private learn to swim - 3 classes EMC 11-4-2 $100.00 $100.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Private learn to swim - 4 classes EMC 11-4-2 $125.00 $125.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Adult Water Fitness - resident EMC 11-4-2 $25.00 $25.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Adult Water Fitness - non resident EMC 11-4-2 $30.00 $30.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Senior Water Fitness - resident EMC 11-4-2 $33.00 $33.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Senior Water Fitness - non resident EMC 11-4-2 $44.00 $44.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Swim Team - resident EMC 11-4-2 $80.00 $80.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Youth Swim Team - non resident EMC 11-4-2 $100.00 $100.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Creative Pottery - resident EMC 11-4-2 $67.00 $67.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Creative Pottery - non resident EMC 11-4-2 $72.00 $72.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Draw & Paint - resident EMC 11-4-2 $55.00 $55.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Draw & Paint - non resident EMC 11-4-2 $60.00 $60.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Weaving - resident EMC 11-4-2 $46.00 $46.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Weaving - non resident EMC 11-4-2 $58.00 $58.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Bridge - resident EMC 11-4-2 $46.00 $46.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Bridge - non resident EMC 11-4-2 $57.00 $57.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Spanish - resident EMC 11-4-2 $20.00 $20.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Spanish - non resident EMC 11-4-2 $25.00 $25.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Photography - resident EMC 11-4-2 $22.00 $22.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Photography - non resident EMC 11-4-2 $27.00 $27.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Will Maker Seminar - resident EMC 11-4-2 $12.00 $12.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Will Maker Seminar - non resident EMC 11-4-2 $15.00 $15.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Natural Grocers Series - resident EMC 11-4-2 $5.00 $5.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Natural Grocers Series - non resident EMC 11-4-2 $7.00 $7.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Roadmap for Aging Series - resident EMC 11-4-2 $5.00 $5.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Roadmap for Aging Series - non resident EMC 11-4-2 $7.00 $7.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Ticketed Excursions EMC 11-4-2 $38-$136 $38-$136 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Non-ticketed excursions EMC 11-4-2 $15-$60 $15-$60 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Hikes / nordic center - resident EMC 11-4-2 $30.00 $30.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Hikes/ nordic center - non resident EMC 11-4-2 $36.00 $36.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Open Paint Studio - resident EMC 11-4-2 $14.00 $14.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Open Paint Studio - non resident EMC 11-4-2 $17.00 $17.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Woodworking - resident EMC 11-4-2 $14.00 $14.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Woodworking - non resident EMC 11-4-2 $17.00 $17.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Craft & Community - resident EMC 11-4-2 $14.00 $14.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Craft & Community - non resident EMC 11-4-2 $17.00 $17.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Winter Volley Ball EMC 11-4-2 $335.00 $335.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Winter Volley Ball - Late Fee EMC 11-4-2 $630.00 $630.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Winter Basketball EMC 11-4-2 $475.00 $475.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Winter Basketball - Late fee EMC 11-4-2 $500.00 $500.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Spring Basketball EMC 11-4-2 $475.00 $475.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Spring Basketball -Late fee EMC 11-4-2 $500.00 $500.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs High School Volleyball EMC 11-4-2 $225.00 $225.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Summer Basketball EMC 11-4-2 $475.00 $475.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Summer Basketball Late Fee EMC 11-4-2 $500.00 $500.00 Pa g e 2 3 8 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Fall Softball EMC 11-4-2 $525.00 $525.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Fall Softball Late Fee EMC 11-4-2 $550.00 $550.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Fall Volleyball EMC 11-4-2 $335.00 $335.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Fall Volleyball Late Fee EMC 11-4-2 $360.00 $360.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Fall Basketball EMC 11-4-2 $475.00 $475.00 Parks, Recreation, Library and Golf Classes and Programs Recreation Classes and Programs Fall Basketball Late Fee EMC 11-4-2 $500.00 $500.00 Parks, Recreation, Library and Golf Facilities Admission ERC Admission ERC Admission EMC 11-4-2 $4.25-$6.50 $0.25 $4.25-$6.25 Parks, Recreation, Library and Golf Facilities Admission ERC Admission Prepaid Rates EMC 11-4-2 $28.25-$508.25 $28.25-$508.25 Parks, Recreation, Library and Golf Facilities Admission Malley Admission Social Pass - Resident EMC 11-4-2 $48.00 $48.00 Parks, Recreation, Library and Golf Facilities Admission Malley Admission Social Pass - non resident EMC 11-4-2 $60.00 $60.00 Parks, Recreation, Library and Golf Golf Course Fees Cart fees-riding and push EMC 11-4-2 Varies $6-$46 Varies $6-$46 Parks, Recreation, Library and Golf Golf Course Fees Green Fees EMC 11-4-2 Varies $3-$48 Varies $3-$48 Parks, Recreation, Library and Golf Golf Course Range Balls Golf Range Buckets 4 Bucket Option Varies $5-$18 Varies $5-$18 Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field - w/ w/o bases - EYSO EMC 11-4-2 $5/hr $5/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field - w/ w/o bases - RYSO EMC 11-4-2 $35/hr $35/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field - w/ w/o bases - Enon resident adult EMC 11-4-2 $55/hr $55/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field - w/ w/o bases - Resident adult EMC 11-4-2 $50/hr $50/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field w/ lights EMC 11-4-2 $45/hr $45/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field Prep Line & drag - EYSO EMC 11-4-2 $45/app $45/app Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field Prep Line & drag - RYSO EMC 11-4-2 $50/app $50/app Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field Prep Line & drag - Non resident adult EMC 11-4-2 $60/app $60/app Parks, Recreation, Library and Golf Park Fees Field Rental Fee Field Prep Line & drag - Resident adult EMC 11-4-2 $55/app $55/app Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tournament (6 or more hours) - EYSO EMC 11-4-2 $80/day $80/day Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tournament (6 or more hours) - RYSO EMC 11-4-2 $180/day $180/day Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tournament (6 or more hours) - Non- resident Adult EMC 11-4-2 $195/day $195/day Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tournament (6 or more hours) - Resident Adult EMC 11-4-2 $180/day $180/day Parks, Recreation, Library and Golf Park Fees Field Rental Fee Scorekeeper of field super EMC 11-4-2 $35/hr $35/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tennis or Pickleball Court - EYSO EMC 11-4-2 $15/hr $15/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tennis or Pickleball Court - RYSO EMC 11-4-2 $30/hr $30/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tennis or Pickleball Court - Adult nonresident EMC 11-4-2 $50/hr $50/hr Parks, Recreation, Library and Golf Park Fees Field Rental Fee Tennis or Pickleball Court - Adult Resident EMC 11-4-2 $35/hr $35/hr Parks, Recreation, Library and Golf Park Fees Picnic Rental Fee EMC 11-4-2 Varies $100-$460/ half-full day Varies $100-$460/ half-full day Parks, Recreation, Library and Golf Penalty Overdue Fine Daily Rate Per item, per day rate EMC 11-4-2 $0.20 $0.20 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Please refer to the following City of Englewood link for current fees: http://www.englewoodco.gov/government /city-departments/parks-and- recreation/parks/pavilion-rentals-and-park- permits Please refer to the following City of Englewood link for current fees: http://www.englewoodco.gov/government /city-departments/parks-and- recreation/parks/pavilion-rentals-and-park- permits Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Baker EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Bates EMC 11-4-2 Not Available Not Available Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Belleview 1 Whole EMC 11-4-2 $230-$500 $230-$500 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Belleview 1 East or West EMC 11-4-2 $130-$300 $130-$300 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Belleview 2 EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Belleview 3 EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Belleview 4 EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Centennial 1 EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Centennial 2 EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Cushing 1 EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Cushing 2 EMC 11-4-2 Not available Not available Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Duncan EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters Jason EMC 11-4-2 $110-$260 $110-$260 Parks, Recreation, Library and Golf Permits and Shelters Park Permits and Shelters River Run Trailghead EMC 11-4-2 $130-$300 $130-$300 Parks, Recreation, Library and Golf Pirates Cove Fees Admission Fee EMC 11-4-2 Varies $11-$21 $1.00 Varies $11-$20 Parks, Recreation, Library and Golf Pirates Cove Fees Aqua Exercise Deep Water EMC 11-4-3 $40/$48 $40/$48 Parks, Recreation, Library and Golf Pirates Cove Fees Birthday Party Rental Captain Cook EMC 11-4-2 $360.00 $360.00 Parks, Recreation, Library and Golf Pirates Cove Fees Birthday Party Rental Billy Bones EMC 11-4-2 $433.00 $433.00 Parks, Recreation, Library and Golf Pirates Cove Fees Cabana Rental Weekday EMC 11-4-2 $104-114 $104-114 Parks, Recreation, Library and Golf Pirates Cove Fees Cabana Rental Weekend EMC 11-4-2 $114-119 $114-119 Parks, Recreation, Library and Golf Pirates Cove Fees Courtyard Rental EMC 11-4-2 $130.00 $130.00 Parks, Recreation, Library and Golf Pirates Cove Fees Day Care EMC 11-4-2 $7-$10 $7-$10 Parks, Recreation, Library and Golf Pirates Cove Fees Learn to Swim Classes EMC 11-4-2 $52-60 $52-60 Parks, Recreation, Library and Golf Pirates Cove Fees Patio Rental EMC 11-4-2 $155.00 $155.00 Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Full Gym- fits one full-sized, 50 x 84 basketball court $90 Res/$108 Non-Res, Non-profit discounts $90 Res/$108 Non-Res, Non-profit discounts Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Half Gym- fits one 50 x 42-foot basketball court, or one 59 x 29 volleyball court $45 Res/$54 Non-Res, Non-profit discounts $45 Res/$54 Non-Res, Non-profit discounts Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Kitchen $25/event $25/event Pa g e 2 3 9 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Colorado Meeting Room $35 Res/$42 Non-Res, Non-profit discounts $35 Res/$42 Non-Res, Non-profit discounts Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Blue Spruce Room $45 Res/$54 Non-Res, Non-profit discounts $45 Res/$54 Non-Res, Non-profit discounts Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Pool- Single Lane $10/hour $10/hour Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Pool- After-Hours Lifeguard $20/hour $20/hour Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Perrin Room $10/hour $10/hour Parks, Recreation, Library and Golf Facilities Rental - Recreation Center Anderson Room $10/hour $10/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Kitchen (available with Ballrooms)$20/hour $20/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Gym $45/hour $45/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Eldorado Meeting Room $35/hour $35/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Flatirons Meeting Room $35/hour $35/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Longs Peak Meeting Room $35/hour $35/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Grand Ballroom $75/hour $75/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Pikes Peak Ballroom without Mt. Evans Dance Room $60/hour $60/hour Parks, Recreation, Library and Golf Facilities Rental - Malley Center Mt. Evans Dance Room $35/hour $35/hour Parks, Recreation, Library and Golf Pirates Cove Fees Pool Rental 2 hours EMC 11-4-2 $1,900.00 $1,900.00 Parks, Recreation, Library and Golf Classes and Programs Summer Camp Day - resident $50.00 $50.00 Parks, Recreation, Library and Golf Classes and Programs Summer Camp Day - non resident $61.00 $61.00 Parks, Recreation, Library and Golf Classes and Programs Summer Camp Week - resident $226.00 $226.00 Parks, Recreation, Library and Golf Classes and Programs Summer Camp Week - non resident $275.00 $275.00 Police Code Enforcement Animal Impound Fee EMC 7-1A-5 $265.00 $265.00 Police Code Enforcement Bee Permit Fee EMC 7-1C-3 $55.00 $55.00 Police Code Enforcement Dangerous Dog Permit Fee EMC 7-1A-16 $250.00 $250.00 Police Code Enforcement Re-Inspection fee NOT YET CODIFIED $55.00 $55.00 Police Code Enforcement Removal of Snow and Ice Fine not less than $50.00, ot more than $500.00, plus fees, costs, surcharges EMC 11-3-2C(5)$50.00 $50.00 Police Code Enforcement RV Transit Permit Fee EMC 11-6-2 $25.00 $25.00 Police Code Enforcement Zoological Permit Fee EMC 7-1C-3 $55.00 $55.00 Police Permit Golf Cart Vehicle Permit EMC 11-1-1(B)(5)(d) Police Reports Call for Service Reports Per location (address) per year C.R.S. § 24-72-306 $5.00 $5.00 Police Reports Police Reports C.R.S. § 24-72-306 $5.00 per report for search, retrieval and first 5 pages ; $.25 for each additional page over 5; Additional $10 fee for certified copies $5.00 per report for search, retrieval and first 5 pages ; $.25 for each additional page over 5; Additional $10 fee for certified copiesPoliceClearance Letters Per letter C.R.S. § 24-72-306 $10.00 $10.00 Police Evidence Photos (CD)Per CD copied C.R.S. § 24-72-306 $25.00 $25.00 Police Recording Copies (Dispatch and Camera Tapes) Per hour (1 hour minimum)C.R.S. § 24-72-205 $25.00 $25.00 Police Research Fee Per hour (1 hour minimum)C.R.S. § 24-72-205 $25.00 $25.00 Police Sex Offender Registration Initial Registration EMC 7-3-6 $75.00 $75.00 Police Sex Offender Registration Re-registration per quarter EMC 7-3-6 $25.00 $25.00 Police Reports Body and Dash Cameras BWC footage $30 minimum for the first hour and $30 each hour after $30 minimum for the first hour and $30 each hour after Police - Fire Marshal's Office Assessment Environmental Site Assessment Per address fee IBC 106.2 $100.00 $100.00 Police - Fire Marshal's Office Disaster Mitigation Costs Authorized to claim reimbursement from parties or person responsible for disaster EMC 7-7-7 Police - Fire Marshal's Office Inspection Re-Inspection Fee Initial Fee (Initial Fee increased by $100 for each additional re-inspection) IBC 106.2 $150.00 $150.00 Police - Fire Marshal's Office Permits Commercial Kitchen Hood Systems IBC 109.2 $150.00 $150.00 Police - Fire Marshal's Office Permits Fire Sprinkler System - - to 50,000 sq. ft. IBC 109.2 $200 + $.025/sq. ft.$200 + $.025/sq. ft. Police - Fire Marshal's Office Permits Fire Sprinkler System - over 50,000 sq. ft. IBC 109.2 $1,450 + $.020/sq. ft. over 50,000 sq. ft. $1,450 + $.020/sq. ft. over 50,000 sq. ft. Police - Fire Marshal's Office Permits Miscellaneous Permits IBC 109.2 $150.00 $150.00 Police - Fire Marshal's Office Permits New Construction Building Plan - 0 to 10,000 sq. ft. IBC 109.2 $600.00 $600.00 Police - Fire Marshal's Office Permits New Construction Building Plan - Over 10,000 sq. ft. IBC 109.2 $600 + - $.035/sq. ft. over 10,000 sq. ft. $600 + - $.035/sq. ft. over 10,000 sq. ft. Pa g e 2 4 0 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Police - Fire Marshal's Office Permits New Construction Building Plan - Over 50,000 sq. ft. IBC 109.2 $2,000 + $.030/sq. ft. over 10,000 sq. ft. $2,000 + $.030/sq. ft. over 10,000 sq. ft. Police - Fire Marshal's Office Permits Other Plan Review - (Operational Permits) IBC 109.2 $100/$150 annually with Inspection $100/$150 annually with Inspection Police - Fire Marshal's Office Permits Parking Structures IBC 109.2 1/3 of New Construction Fee 1/3 of New Construction Fee Police - Fire Marshal's Office Permits Permit Application Fee/All Permits IBC 109.2 $150.00 $150.00 Police - Fire Marshal's Office Permits Re-Issue of Permit/Plan Review Comments IBC 109.2 $25.00 $25.00 Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions - 0 to 10,000 sq. ft. IBC 109.2 $250 + $.035/sq. ft.$250 + $.035/sq. ft. Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions - over 10,000 sq. ft. IBC 109.2 $600 + - $.030/sq. ft. over 10,000 sq. ft. $600 + - $.030/sq. ft. over 10,000 sq. ft. Police - Fire Marshal's Office Permits Tenant Finish/Remodel/Additions - over 50,000 sq. ft. IBC 109.2 $1,800 + $.025/sq. ft. over 50,000 sq. ft. $1,800 + $.025/sq. ft. over 50,000 sq. ft. Police - Fire Marshal's Office Permits Work without a Permit IBC 109.2 Double the Permit Fee Double the Permit Fee Police - Fire Marshal's Office Plans Hazardous Materials Inventory Plan (HMIP) IBC 109.2 $200 - Two Year Permit $200 - Two Year Permit Police - Fire Marshal's Office Hourly Rate, Review/Inspections EMC 7-7-8 $80.00 $80.00 Public Works Concrete Rate Concrete Utility Charge EMC 12-8-3 Quarterly Bills: $0.160 per square foot x Net Square Footage/4 Quarterly Bills: $0.160 per square foot x Net Square Footage/4 Public Works Concrete Rate Concrete Utility Charge EMC 12-8-6 Annual Bills: $0.160 per square foot x Net Square Footage Annual Bills: $0.160 per square foot x Net Square Footage Public Works Labor Administrative Per Hour EMC 11-7-1 $38.00 $38.00 Public Works Labor Engineers Per Hour EMC 11-7-1 $63.00 $63.00 Public Works Labor Inspectors Per Hour EMC 11-7-1 $52.00 $52.00 Public Works Labor Inspectors - weekend and overtime rate Per Hour; 1.5 times regular rate EMC 11-7-1 $78.00 $78.00 Public Works Occupancy Permits Block Party EMC 11-7-1 $25.00 fee; City will not provide barricades $25.00 fee; City will not provide barricades Public Works Occupancy Permits Occupancy - Dumpster/ POD (resident)EMC 11-7-1 $25 for first month plus $190 per each following month or portion thereof $25 for first month plus $190 per each following month or portion thereof Public Works Occupancy Permits Oversize/Overweight Vehicle EMC 11-7-1 Charge is equal to cost of state permit ($30- $200) Charge is equal to cost of state permit ($30- $200) Public Works Permit/Service Asphalt Patch Fee EMC 11-7-1 $15.00/sq. ft.$15.00/sq. ft. Public Works Permit/Service Excavation Permit Fee EMC 11-7-6 $195 minimum plus hourly rate $195 minimum plus hourly rate Public Works Permit/Service Gravel Alley Cut Fee EMC 12-8-6 $2.00 per square foot $2.00 per square foot Public Works Permit/Service Penalty EMC 12-8-6 Double the calculated permit fee Double the calculated permit fee Public Works Permit/Service Re-inspection Fee EMC 12-8-6 $75.00 $75.00 Public Works Permits Concrete Permit EMC 11-7-6 $195 minimum plus hourly rate $195 minimum plus hourly rate Public Works Permits Drainage Plan EMC 12-8-9 $157.50 plus hourly rate $157.50 plus hourly rate Public Works Permits Grading, Sediment and Erosion Control; Stormwater Management Plan EMC 12-8-9 $157.50 plus hourly rate $157.50 plus hourly rate Public Works Permits Gravel Alley Repair EMC 11-7-1 $2.00 per square foot $2.00 per square foot Public Works Permits Occupancy - Contractor EMC 12-8-6 $190 per month $190 per month Public Works Rental Rental of meeting room space Call facility to determine rental rates Call facility to determine rental rates Public Works Rental Rental of meeting room space Community Room Varies $25-$210 Varies $25-$210 Public Works Rental Rental of meeting room space Hampden Hall $100 w/ $150 chair rearrangement $100 w/ $150 chair rearrangement Public Works Rental Rental of meeting room space Ampitheater Varies Varies Public Works Rental Rental of meeting room space Rec Center - Full Gym $90/hr $90/hr Public Works Rental Rental of meeting room space Rec Center - Half Gym $45/hr $45/hr Public Works Rental Rental of meeting room space Rec Center - Kitchen $25/event $25/event Public Works Rental Rental of meeting room space Rec Center - CO Meeting Room $35/hr $35/hr Public Works Rental Rental of meeting room space Rec Center - Bruce Spruce Room $45/hr $45/hr Public Works Rental Rental of meeting room space Rec Center - Entire Pool Varies Varies Public Works Rental Rental of meeting room space Rec Center - Pool, Single Lane $10.00 $10.00 Public Works Rental Rental of meeting room space Rec Center - Pool, After Hours Lifeguard $20.00 $20.00 Public Works Rental Rental of meeting room space Public Library - Perrin $10/hr $10/hr Public Works Rental Rental of meeting room space Public Library - Anderson $10/hr $10/hr Public Works Rental Rental of meeting room space Malley Rec- Kitchen $20/hr $20/hr Public Works Rental Rental of meeting room space Malley Rec- Gym $45/hr $45/hr Public Works Rental Rental of meeting room space Malley Rec - Eldorado $35/hr $35/hr Public Works Rental Rental of meeting room space Malley Rec- Flatirons $35/hr $35/hr Public Works Rental Rental of meeting room space Malley Rec - Longs peak $35/hr $35/hr Public Works Rental Rental of meeting room space Malley Rec - Grand Ballroom $75/hr $75/hr Public Works Rental Rental of meeting room space Malley Rec - Pikes peak $60/hr $60/hr Public Works Rental Rental of meeting room space Malley Rec- Mt. Evans Dance Room $35/hr $35/hr Public Works Storm Water Charge - Commercial Storm Water Charge Monthly charge per square foot of impervious surface for commercial EMC 12-5-2 $0.016 $0.016 Pa g e 2 4 1 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Public Works Storm Water Charge - Deliquency Surcharge EMC 12-5-6 Fees levied in accordance with this Chapter shall be paid within thirty (30) days from the date of billing to the City. If the bill is not paid within thirty (30) days after billing, it shall be deemed delinquent whereupon a late fee not to exceed fifteen dollars ($15.00) or up to five percent (5%) per month, or fraction thereof, not to exceed a total of twenty-five percent (25%) of the amount due, whichever is greater. Interest in the amount of eighteen percent (18%) per year shall be charged on the amount due only Fees levied in accordance with this Chapter shall be paid within thirty (30) days from the date of billing to the City. If the bill is not paid within thirty (30) days after billing, it shall be deemed delinquent whereupon a late fee not to exceed fifteen dollars ($15.00) or up to five percent (5%) per month, or fraction thereof, not to exceed a total of twenty-five percent (25%) of the amount due, whichever is greater. Interest in the amount of eighteen percent (18%) per year shall be charged on the amount due onlyPublic Works Storm Water Charge - Residential Storm Water Charge Monthly charge for residential properties EMC 12-5-4 $19.25 $19.25 Public Works Written Requests Encroachment Agreement - Administrative EMC 11-7-1 $230.00 $230.00 Public Works Written Requests Encroachment Agreement - City Council EMC 11-7-1 $500.00 $500.00 Public Works Facilities Rental - Civic Center Community Room City of Englewood Resident Mon-Fri, 8am- 5pm $100 per hour Mon-Fri, 5pm-9pm, After Hours and Weekends by arrangement $150 per hour Englewood Business/Non Profit Mon-Fri, 8am-5pm $25 per hour Mon-Fri, 5pm-9pm, After Hours and Weekends by arrangement $50 per hour Non-Resident/For-Profit Event Mon-Fri, 8am-5pm $210 per hour Mon-Fri, 5pm- 9pm, After Hours and Weekends by arrangement $300 per hour Refundable Room Deposit: One-Half of Total Room Fee (Minimum of $500 if Meal Served) City of Englewood Resident Mon-Fri, 8am- 5pm $100 per hour Mon-Fri, 5pm-9pm, After Hours and Weekends by arrangement $150 per hour Englewood Business/Non Profit Mon-Fri, 8am-5pm $25 per hour Mon-Fri, 5pm-9pm, After Hours and Weekends by arrangement $50 per hour Non-Resident/For-Profit Event Mon-Fri, 8am-5pm $210 per hour Mon-Fri, 5pm- 9pm, After Hours and Weekends by arrangement $300 per hour Refundable Room Deposit: One-Half of Total Room Fee (Minimum of $500 if Meal Served)Public Works Facilities Rental - Civic Center Hampden Hall Event Rate — $100.00 per hour (2-hour minimum) Additional Charges — $150 to rearrange/move chairs (if requested) Excess cleaning fee/damage — Charges will be assessed based on actual cost for cleaning/repair. Additional charges may apply for special requests. Payment — Deposit of $75.00 is due with submission of application. Balance is due no later than the date of the event Event Rate — $100.00 per hour (2-hour minimum) Additional Charges — $150 to rearrange/move chairs (if requested) Excess cleaning fee/damage — Charges will be assessed based on actual cost for cleaning/repair. Additional charges may apply for special requests. Payment — Deposit of $75.00 is due with submission of application. Balance is due no later than the date of the eventPublic Works Written Requests Flood Plain Development Permit EMC 16-4-2/ 16-4-7 $400 plus cost for consultant review $400 plus cost for consultant review South Platte Renew Other Charges Publication of Significant Non- Compliance (SNC) EPA Pretreatment Requirement as per Code of regulations 40. CFR.403 EMC 12-2-5 The Pretreatment Division bills the facilities for the cost of publishing their SNC status in the Denver Post. The Pretreatment Division bills the facilities for the cost of publishing their SNC status in the Denver Post. South Platte Renew Other Charges Reimbursement of sampling Industry reimbursement cost of sampling activites plus 20% adminstrative cost EMC 12-2-5 The Industrial Pretreatment Division charges permitted industries for the cost of sampling associated with their Industrial Wastewater Permits. The Industrial Pretreatment Division charges permitted industries for the cost of sampling associated with their Industrial Wastewater Permits. South Platte Renew Re-inspection fee (proposed in municipal code revisions as [12-2-3 (D)(4)] Industrial Users identified for inclusion into an applicable Sector Control Program may be charged for the costs incurred by the City for re-inspections due to failure to correct non- compliances or violations identified during a sector control inspection. Reinspection fee usually not issued due to Industrial user correcting non-compliance within required timeframe EMC 12-2-3(D)(5)A fee of $100 may be assessed for each inspection required until completion of violation remedy. A fee of $100 may be assessed for each inspection required until completion of violation remedy. South Platte Renew Sanitation district inspection charge (proposed in municipal code revisions as [12-2- 3(D)(5)] Sanitation Districts may be charged for the cost incurred by the City for inspecting Industrial Users included in or added to, based on inspection results, the City’s Fats, Oils, and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Sector Control Program. EMC 12-2-3(D)(6)The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary. The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary. South Platte Renew Surcharge for BOD, COD, and TSS in excess of normal domestic strength [12-2-3 (D) (2)] Unit charge for additional oxygen demand (AOD) Surcharge based on volume of flow and dischare wastestrength EMC 12-2-3 $0.02 per pound $0.02 per pound South Platte Renew Trucked and Hauled Septage Waste hauler permit fee [12-2-4 (I) Septic Waste Fees and Charges] EMC 12-2-4 $100 (Permits currently issued every two three years) $100 (Permits currently issued every two three years) South Platte Renew Unit charge for additional suspended solids (SS) EMC 12-2-4 $0.11 per pound $0.11 per pound Pa g e 2 4 2 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 South Platte Renew Waste hauler discharge fee [12-2-4 (I) Septic Waste Fees and Charges] EMC 12-2-4 $0.09 per gallon $0.09 per gallon Utilities Capital Improvement Monthly Fee - Inside 1" meter EMC 12-1D-1 $26.68 $26.68 Utilities Capital Improvement Monthly Fee - Inside 1.5" meter EMC 12-1D-1 $53.21 $53.21 Utilities Capital Improvement Monthly Fee - Inside 10" meter EMC 12-1D-1 $2,240.00 $2,240.00 Utilities Capital Improvement Monthly Fee - Inside 2" meter EMC 12-1D-1 $85.50 $85.50 Utilities Capital Improvement Monthly Fee - Inside 3" meter EMC 12-1D-1 $170.64 $170.64 Utilities Capital Improvement Monthly Fee - Inside 3/4" meter EMC 12-1D-1 $16.00 $16.00 Utilities Capital Improvement Monthly Fee - Inside 4" meter EMC 12-1D-1 $266.79 $266.79 Utilities Capital Improvement Monthly Fee - Inside 5/8" meter EMC 12-1D-1 $16.00 $16.00 Utilities Capital Improvement Monthly Fee - Inside 6" meter EMC 12-1D-1 $640.00 $640.00 Utilities Capital Improvement Monthly Fee - Inside Flat EMC 12-1D-1 $16.00 $16.00 Utilities Capital Improvement Monthly Fee - Outside 1" meter EMC 12-1D-1 $36.68 $36.68 Utilities Capital Improvement Monthly Fee - Outside 1.5" meter EMC 12-1D-1 $73.17 $73.17 Utilities Capital Improvement Monthly Fee - Outside 10" meter EMC 12-1D-1 $3,080.00 $3,080.00 Utilities Capital Improvement Monthly Fee - Outside 2" meter EMC 12-1D-1 $117.57 $117.57 Utilities Capital Improvement Monthly Fee - Outside 3" meter EMC 12-1D-1 $234.63 $234.63 Utilities Capital Improvement Monthly Fee - Outside 3/4" meter EMC 12-1D-1 $22.00 $22.00 Utilities Capital Improvement Monthly Fee - Outside 4" meter EMC 12-1D-1 $366.83 $366.83 Utilities Capital Improvement Monthly Fee - Outside 5/8" meter EMC 12-1D-1 $22.00 $22.00 Utilities Capital Improvement Monthly Fee - Outside 6" meter EMC 12-1D-1 $880.00 $880.00 Utilities Capital Improvement Monthly Fee - Outside Flat EMC 12-1D-1 $22.00 $22.00 Utilities District Sewer Billed Monthly Outside City Rates 1" meter - Flat EMC 12-2-3 $106.18 $106.18 Utilities District Sewer Billed Monthly Outside City Rates 1" meter - Minimum EMC 12-2-3 $97.22 $97.22 Utilities District Sewer Billed Monthly Outside City Rates 1.5" meter - Flat EMC 12-2-3 $212.36 $212.36 Utilities District Sewer Billed Monthly Outside City Rates 1.5" meter - Minimum EMC 12-2-3 $193.98 $193.98 Utilities District Sewer Billed Monthly Outside City Rates 10" meter - Flat EMC 12-2-3 $4,849.37 $4,849.37 Utilities District Sewer Billed Monthly Outside City Rates 10" meter - Minimum EMC 12-2-3 $4,428.50 $4,428.50 Utilities District Sewer Billed Monthly Outside City Rates 2" meter - Flat EMC 12-2-3 $340.28 $340.28 Utilities District Sewer Billed Monthly Outside City Rates 2" meter - Minimum EMC 12-2-3 $310.91 $310.91 Utilities District Sewer Billed Monthly Outside City Rates 3" meter - Flat EMC 12-2-3 $679.03 $679.03 Utilities District Sewer Billed Monthly Outside City Rates 3" meter - Minimum EMC 12-2-3 $620.51 $620.51 Pa g e 2 4 3 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities District Sewer Billed Monthly Outside City Rates 3/4" meter - Flat EMC 12-2-3 $64.03 $64.03 Utilities District Sewer Billed Monthly Outside City Rates 3/4" meter - Minimum EMC 12-2-3 $58.68 $58.68 Utilities District Sewer Billed Monthly Outside City Rates 4" meter - Flat EMC 12-2-3 $1,061.48 $1,061.48 Utilities District Sewer Billed Monthly Outside City Rates 4" meter - Minimum EMC 12-2-3 $969.51 $969.51 Utilities District Sewer Billed Monthly Outside City Rates 5/8" meter - Flat EMC 12-2-3 $42.19 $42.19 Utilities District Sewer Billed Monthly Outside City Rates 5/8" meter - Minimum EMC 12-2-3 $38.98 $38.98 Utilities District Sewer Billed Monthly Outside City Rates 6" meter - Flat EMC 12-2-3 $2,122.99 $2,122.99 Utilities District Sewer Billed Monthly Outside City Rates 6" meter - Minimum EMC 12-2-3 $1,939.03 $1,939.03 Utilities District Sewer Billed Monthly Outside City Rates 8" meter - Flat EMC 12-2-3 $3,373.45 $3,373.45 Utilities District Sewer Billed Monthly Outside City Rates 8" meter - Minimum EMC 12-2-3 $3,080.65 $3,080.65 Utilities District Sewer Billed Monthly Outside City Rates Mobile Unit - Flat EMC 12-2-3 $11.67 $11.67 Utilities District Sewer Billed Monthly Outside City Rates Mobile Unit - Minimum EMC 12-2-3 $10.95 $10.95 Utilities District Sewer Billed Monthly Outside City Rates Multi-Fam Unit - Flat EMC 12-2-3 $18.96 $18.96 Utilities District Sewer Billed Monthly Outside City Rates Multi-Fam Unit - Minimum EMC 12-2-3 $17.51 $17.51 Utilities District Sewer Billed Monthly Outside City Rates Single-Family Dwell - Flat EMC 12-2-3 $30.55 $30.55 Utilities District Sewer Billed Monthly Outside City Rates Single-Family Dwell - Minimum EMC 12-2-3 $28.02 $28.02 Utilities In City District Sewer - Monthly 1" meter - Flat EMC 12-2-3 $70.44 $70.44 Utilities In City District Sewer - Monthly 1" meter - Minimum EMC 12-2-3 $64.01 $64.01 Utilities In City District Sewer - Monthly 1.5" meter - Flat EMC 12-2-3 $140.80 $140.80 Utilities In City District Sewer - Monthly 1.5" meter - Minimum EMC 12-2-3 $127.71 $127.71 Utilities In City District Sewer - Monthly 10" meter - Flat EMC 12-2-3 $3,206.86 $3,206.86 Utilities In City District Sewer - Monthly 10" meter - Minimum EMC 12-2-3 $2,915.52 $2,915.52 Utilities In City District Sewer - Monthly 2" meter - Flat EMC 12-2-3 $225.69 $225.69 Utilities In City District Sewer - Monthly 2" meter - Minimum EMC 12-2-3 $204.68 $204.68 Utilities In City District Sewer - Monthly 3" meter - Flat EMC 12-2-3 $450.45 $450.45 Utilities In City District Sewer - Monthly 3" meter - Minimum EMC 12-2-3 $408.51 $408.51 Utilities In City District Sewer - Monthly 3/4" meter - Flat EMC 12-2-3 $42.46 $42.46 Utilities In City District Sewer - Monthly 3/4" meter - Minimum EMC 12-2-3 $38.63 $38.63 Pa g e 2 4 4 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities In City District Sewer - Monthly 4" meter - Flat EMC 12-2-3 $704.06 $704.06 Utilities In City District Sewer - Monthly 4" meter - Minimum EMC 12-2-3 $638.29 $638.29 Utilities In City District Sewer - Monthly 5/8" meter - Flat EMC 12-2-3 $28.01 $28.01 Utilities In City District Sewer - Monthly 5/8" meter - Minimum EMC 12-2-3 $25.67 $25.67 Utilities In City District Sewer - Monthly 6" meter - Flat EMC 12-2-3 $1,408.07 $1,408.07 Utilities In City District Sewer - Monthly 6" meter - Minimum EMC 12-2-3 $1,276.56 $1,276.56 Utilities In City District Sewer - Monthly 8" meter - Flat EMC 12-2-3 $2,230.80 $2,230.80 Utilities In City District Sewer - Monthly 8" meter - Minimum EMC 12-2-3 $2,028.16 $2,028.16 Utilities In City District Sewer - Monthly Mobile Unit - Flat EMC 12-2-3 $7.73 $7.73 Utilities In City District Sewer - Monthly Mobile Unit - Minimum EMC 12-2-3 $7.21 $7.21 Utilities In City District Sewer - Monthly Multi-Fam Unit - Flat EMC 12-2-3 $12.57 $12.57 Utilities In City District Sewer - Monthly Multi-Fam Unit - Minimum EMC 12-2-3 $11.54 $11.54 Utilities In City District Sewer - Monthly Single-Family Dwell - Flat EMC 12-2-3 $20.29 $20.29 Utilities In City District Sewer - Monthly Single-Family Dwell - Minimum EMC 12-2-3 $18.45 $18.45 Utilities In City Sewer - Monthly 1" meter - Flat EMC 12-2-3 $91.02 $91.02 Utilities In City Sewer - Monthly 1" meter - Minimum EMC 12-2-3 $83.16 $83.16 Utilities In City Sewer - Monthly 1.5" meter - Flat EMC 12-2-3 $182.02 $182.02 Utilities In City Sewer - Monthly 1.5" meter - Minimum EMC 12-2-3 $165.94 $165.94 Utilities In City Sewer - Monthly 10" meter - Flat EMC 12-2-3 $4,158.00 $4,158.00 Utilities In City Sewer - Monthly 10" meter - Minimum EMC 12-2-3 $3,787.97 $3,787.97 Utilities In City Sewer - Monthly 2" meter - Flat EMC 12-2-3 $291.74 $291.74 Utilities In City Sewer - Monthly 2" meter - Minimum EMC 12-2-3 $265.94 $265.94 Utilities In City Sewer - Monthly 3" meter - Flat EMC 12-2-3 $582.32 $582.32 Utilities In City Sewer - Monthly 3" meter - Minimum EMC 12-2-3 $530.76 $530.76 Utilities In City Sewer - Monthly 3/4" meter - Flat EMC 12-2-3 $54.89 $54.89 Utilities In City Sewer - Monthly 3/4" meter - Minimum EMC 12-2-3 $50.19 $50.19 Utilities In City Sewer - Monthly 4" meter - Flat EMC 12-2-3 $910.17 $910.17 Utilities In City Sewer - Monthly 4" meter - Minimum EMC 12-2-3 $829.28 $829.28 Utilities In City Sewer - Monthly 5/8" meter - Flat EMC 12-2-3 $36.15 $36.15 Utilities In City Sewer - Monthly 5/8" meter - Minimum EMC 12-2-3 $33.34 $33.34 Utilities In City Sewer - Monthly 6" meter - Flat EMC 12-2-3 $1,820.39 $1,820.39 Utilities In City Sewer - Monthly 6" meter - Minimum EMC 12-2-3 $1,658.57 $1,658.57 Utilities In City Sewer - Monthly 8" meter - Flat EMC 12-2-3 $2,892.51 $2,892.51 Utilities In City Sewer - Monthly 8" meter - Minimum EMC 12-2-3 $2,635.07 $2,635.07 Utilities In City Sewer - Monthly Mobile Unit - Flat EMC 12-2-3 $10.00 $10.00 Utilities In City Sewer - Monthly Mobile Unit - Minimum EMC 12-2-3 $9.37 $9.37 Utilities In City Sewer - Monthly Multi-Fam Unit - Flat EMC 12-2-3 $16.25 $16.25 Utilities In City Sewer - Monthly Multi-Fam Unit - Minimum EMC 12-2-3 $14.99 $14.99 Utilities In City Sewer - Monthly Single-Family Dwell - Flat EMC 12-2-3 $26.24 $26.24 Utilities In City Sewer - Monthly Single-Family Dwell - Minimum EMC 12-2-3 $23.97 $23.97 Utilities Interceptor Basin Agreement (IBA) - Annual Interceptor Basin Agreement (IBA) Charge EMC 12-2-3 Annual Bills: Winter volume x $.22059 x 6 = IBA Charge; $18.00 minimum Annual Bills: Winter volume x $.22059 x 6 = IBA Charge; $18.00 minimum Utilities Interceptor Basin Agreement (IBA) - Monthly Interceptor Basin Agreement (IBA) Charge EMC 12-2-3 Monthly Bills: Winter volume x $.22059 = IBA Charge; $4.50 minimum Monthly Bills: Winter volume x $.22059 = IBA Charge; $4.50 minimum Utilities Labor Administrative Administrative per hour EMC 12-2-3 $40.00 $40.00 Utilities Labor Development Plan Review Fee Engineer per hour EMC 16-2-3 $142.00 $142.00 Utilities Labor Development Plan Review Fee Technician per hour EMC 16-2-3 $49.00 $49.00 Utilities Labor Development Plan Review Fee Consultant per hour EMC 16-2-3 $105.00 / Hour to $184.00 / Hour $105.00 / Hour to $184.00 / Hour Utilities Labor Inspector per hour $58.00 $58.00 Utilities Outside City District Sewer - Annual 1" meter - Flat EMC 12-2-3 $1,274.13 $1,274.13 Utilities Outside City District Sewer - Annual 1" meter - Minimum EMC 12-2-3 $1,166.54 $1,166.54 Utilities Outside City District Sewer - Annual 1.5" meter - Flat EMC 12-2-3 $2,548.39 $2,548.39 Utilities Outside City District Sewer - Annual 1.5" meter - Minimum EMC 12-2-3 $2,327.85 $2,327.85 Pa g e 2 4 5 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities Outside City District Sewer - Annual 10" meter - Flat EMC 12-2-3 $58,192.53 $58,192.53 Utilities Outside City District Sewer - Annual 10" meter - Minimum EMC 12-2-3 $53,142.00 $53,142.00 Utilities Outside City District Sewer - Annual 2" meter - Flat EMC 12-2-3 $4,083.43 $4,083.43 Utilities Outside City District Sewer - Annual 2" meter - Minimum EMC 12-2-3 $3,730.92 $3,730.92 Utilities Outside City District Sewer - Annual 3" meter - Flat EMC 12-2-3 $8,148.39 $8,148.39 Utilities Outside City District Sewer - Annual 3" meter - Minimum EMC 12-2-3 $7,446.13 $7,446.13 Utilities Outside City District Sewer - Annual 3/4" meter - Flat EMC 12-2-3 $768.30 $768.30 Utilities Outside City District Sewer - Annual 3/4" meter - Minimum EMC 12-2-3 $704.09 $704.09 Utilities Outside City District Sewer - Annual 4" meter - Flat EMC 12-2-3 $12,737.78 $12,737.78 Utilities Outside City District Sewer - Annual 4" meter - Minimum EMC 12-2-3 $11,634.13 $11,634.13 Utilities Outside City District Sewer - Annual 5/8" meter - Flat EMC 12-2-3 $506.22 $506.22 Utilities Outside City District Sewer - Annual 5/8" meter - Minimum EMC 12-2-3 $467.69 $467.69 Utilities Outside City District Sewer - Annual 6" meter - Flat EMC 12-2-3 $25,475.94 $25,475.94 Utilities Outside City District Sewer - Annual 6" meter - Minimum EMC 12-2-3 $23,268.39 $23,268.39 Utilities Outside City District Sewer - Annual 8" meter - Flat EMC 12-2-3 $40,481.41 $40,481.41 Utilities Outside City District Sewer - Annual 8" meter - Minimum EMC 12-2-3 $36,967.75 $36,967.75 Utilities Outside City District Sewer - Annual Mobile Unit - Flat EMC 12-2-3 $140.08 $140.08 Utilities Outside City District Sewer - Annual Mobile Unit - Minimum EMC 12-2-3 $131.44 $131.44 Utilities Outside City District Sewer - Annual Multi-Fam Unit - Flat EMC 12-2-3 $227.49 $227.49 Utilities Outside City District Sewer - Annual Multi-Fam Unit - Minimum EMC 12-2-3 $210.19 $210.19 Utilities Outside City District Sewer - Annual Single-Family Dwell - Flat EMC 12-2-3 $366.52 $366.52 Utilities Outside City District Sewer - Annual Single-Family Dwell - Minimum EMC 12-2-3 $336.26 $336.26 Utilities Outside City District Sewer - Monthly 1" meter - Flat EMC 12-2-3 $106.18 $106.18 Utilities Outside City District Sewer - Monthly 1" meter - Minimum EMC 12-2-3 $97.22 $97.22 Utilities Outside City District Sewer - Monthly 1.5" meter - Flat EMC 12-2-3 $212.36 $212.36 Utilities Outside City District Sewer - Monthly 1.5" meter - Minimum EMC 12-2-3 $193.98 $193.98 Utilities Outside City District Sewer - Monthly 10" meter - Flat EMC 12-2-3 $4,849.37 $4,849.37 Utilities Outside City District Sewer - Monthly 10" meter - Minimum EMC 12-2-3 $4,428.50 $4,428.50 Utilities Outside City District Sewer - Monthly 2" meter - Flat EMC 12-2-3 $340.28 $340.28 Utilities Outside City District Sewer - Monthly 2" meter - Minimum EMC 12-2-3 $310.91 $310.91 Utilities Outside City District Sewer - Monthly 3" meter - Flat EMC 12-2-3 $679.03 $679.03 Utilities Outside City District Sewer - Monthly 3" meter - Minimum EMC 12-2-3 $620.51 $620.51 Utilities Outside City District Sewer - Monthly 3/4" meter - Flat EMC 12-2-3 $64.08 $64.08 Utilities Outside City District Sewer - Monthly 3/4" meter - Minimum EMC 12-2-3 $58.68 $58.68 Utilities Outside City District Sewer - Monthly 4" meter - Flat EMC 12-2-3 $1,061.48 $1,061.48 Utilities Outside City District Sewer - Monthly 4" meter - Minimum EMC 12-2-3 $969.51 $969.51 Pa g e 2 4 6 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities Outside City District Sewer - Monthly 5/8" meter - Flat EMC 12-2-3 $42.19 $42.19 Utilities Outside City District Sewer - Monthly 5/8" meter - Minimum EMC 12-2-3 $38.98 $38.98 Utilities Outside City District Sewer - Monthly 6" meter - Flat EMC 12-2-3 $2,122.99 $2,122.99 Utilities Outside City District Sewer - Monthly 6" meter - Minimum EMC 12-2-3 $1,939.03 $1,939.03 Utilities Outside City District Sewer - Monthly 8" meter - Flat EMC 12-2-3 $3,373.45 $3,373.45 Utilities Outside City District Sewer - Monthly 8" meter - Minimum EMC 12-2-3 $3,080.65 $3,080.65 Utilities Outside City District Sewer - Monthly Mobile Unit - Flat EMC 12-2-3 $11.67 $11.67 Utilities Outside City District Sewer - Monthly Mobile Unit - Minimum EMC 12-2-3 $10.95 $10.95 Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Flat EMC 12-2-3 $18.96 $18.96 Utilities Outside City District Sewer - Monthly Multi-Fam Unit - Minimum EMC 12-2-3 $17.51 $17.51 Utilities Outside City District Sewer - Monthly Single-Family Dwell - Flat EMC 12-2-3 $30.55 $30.55 Utilities Outside City District Sewer - Monthly Single-Family Dwell - Minimum EMC 12-2-3 $28.02 $28.02 Utilities Penalty Delinquent Bills/Late Fees - Inside City EMC 12-1D-4 One-time charge per bill - 2.5% of outstanding bill balance One-time charge per bill - 2.5% of outstanding bill balance Utilities Penalty Delinquent Bills/Late Fees - Outside City EMC 12-1D-4 One-time charge per bill - 2.5% of outstanding sewer treatment charge balance One-time charge per bill - 2.5% of outstanding sewer treatment charge balance Utilities Penalty Unauthorized Use, Waste of Water EMC 12-1A-7 $520.00 $520.00 Utilities Penalty Unauthorized start of water EMC-1A-5(B)Any Person violating this section shall pay the City unauthorized use fee, double the City’s costs and labor to repair any damage caused, and double the cost of water that would have been payable for the lawful use of water Any Person violating this section shall pay the City unauthorized use fee, double the City’s costs and labor to repair any damage caused, and double the cost of water that would have been payable for the lawful use of waterUtilitiesPermit/Service Fire Hydrant Permit/Inspection EMC 12-1B-10 $47.00 $47.00 Utilities Permit/Service Re-inspection EMC 12-2-3 $47.00 $47.00 Utilities Permit/Service Tap Permit/Inspection EMC 12-1B-2 $54.00 $54.00 Utilities Service Request Fire Hydrant Flow Test Inspection The Department will deduct these fees against the required deposit for Plan Review/Inspection, if applicable. The Department will invoice all costs exceeding the deposit, if applicable, and will reimburse any remaining funds. If the deposit is not required, the Department will assess these fees EMC 12-1C-5 $234.00 $234.00 Utilities Service Request Liens EMC 12-1D-2 $21.00 $21.00 Utilities Service Request New Account Setup EMC 12-2-3 $21.00 $21.00 Utilities Service Request Plan Review/Inspection Actual Costs incurred by the Department for Development Review, reviews prior to an issuance of a permit associated with zoning, PUDs, Major and Minor Subdivision permits, Conditional Use Permits, all other permits required under Englewood Municipal Code Title 16, and associated tasks. The Department will invoice all costs exceeding the deposit and will reimburse any remaining funds upon completion of the project. Plan Review/Inspection fee shall be waived for single-family, owner-occupied. EMC 16-2-3 Hourly Rate of Labor Costs, including Engineer, Technician, or Consultant. Minimum Deposit Required: $1000.00 for 4 Residential Units or less $5000.00 for over 4 Residential Units, Commercial and Industrial Developments Hourly Rate of Labor Costs, including Engineer, Technician, or Consultant. Minimum Deposit Required: $1000.00 for 4 Residential Units or less $5000.00 for over 4 Residential Units, Commercial and Industrial Developments Utilities Service Request Red Tags (administered by mailing)Door Hanging EMC 12-1D-5 $5.00 $5.00 Pa g e 2 4 7 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities Service request Tapping and Cutting Off Mains EMC 12-1B-2 The cutting off from mains may be performed by either a licensed and bonded plumber or by City personnel. In the event City personnel perform the cutoff, a charge equal to the City's time and materials will be due and payable from the applicant. If an abandoned water service is not disconnected at the main in a timely manner, the City may perform the disconnection and may charge time and materials against the property either through the next regular quarterly water bill or by lien The cutting off from mains may be performed by either a licensed and bonded plumber or by City personnel. In the event City personnel perform the cutoff, a charge equal to the City's time and materials will be due and payable from the applicant. If an abandoned water service is not disconnected at the main in a timely manner, the City may perform the disconnection and may charge time and materials against the property either through the next regular quarterly water bill or by lienUtilitiesService Request Title Status - Account Transfer EMC 12-1A-1 $16.00 $16.00 Utilities Service Request Title Status - Cancel Transfer EMC 12-1A-2 $21.00 $21.00 Utilities Service Request Title Status - Status Only EMC 12-1A-3 $10.00 $10.00 Utilities Service Request Turn off (nonpayment)EMC 12-1D-5 $16.00 $16.00 Utilities Sewer Collection Charge - Inside City Rate per 1000 gallons EMC 12-2-3 $0.87 $0.87 Utilities Sewer Collection Surcharge Fee 1" meter EMC 12-2-3 $737.21 $737.21 Utilities Sewer Collection Surcharge Fee 1.5" meter EMC 12-2-3 $1,470.12 $1,470.12 Utilities Sewer Collection Surcharge Fee 2" meter EMC 12-2-3 $2,361.84 $2,361.84 Utilities Sewer Collection Surcharge Fee 3" meter EMC 12-2-3 $4,712.96 $4,712.96 Utilities Sewer Collection Surcharge Fee 3/4" meter or less EMC 12-2-3 $442.11 $442.11 Utilities Sewer Collection Surcharge Fee 4" meter EMC 12-2-3 $7,368.82 $7,368.82 Utilities Sewer Collection Surcharge Fee 6" meter EMC 12-2-3 $17,676.80 $17,676.80 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Base Charge EMC 12-2-3 $331.58 $331.58 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home First 12 Units (each)EMC 12-2-3 $74.04 $74.04 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Next 22 Unites (each)EMC 12-2-3 $56.87 $56.87 Utilities Sewer Collection Surcharge Fee Multi-Family and Mobile Home Units Over 34 (each)EMC 12-2-3 $35.41 $35.41 Utilities Sewer Treatment and Collection Charge Total - Inside City Total - Inside Rate per 1000 gallons EMC 12-2-3 $3.74 $3.74 Utilities Sewer Treatment Charge - Inside City Rate per 1000 gallons EMC 12-2-3 $2.88 $2.88 Utilities Sewer Treatment Charge- Outside City Rate per 1000 gallons EMC 12-2-3 $4.38 $4.38 Utilities Sewer Treatment Connection Fee-Inside City 1" meter EMC 12-2-3 $3,618.42 $3,618.42 Utilities Sewer Treatment Connection Fee-Inside City 1.5" meter EMC 12-2-3 $7,216.44 $7,216.44 Utilities Sewer Treatment Connection Fee-Inside City 10" meter EMC 12-2-3 $166,360.24 $166,360.24 Utilities Sewer Treatment Connection Fee-Inside City 2" meter EMC 12-2-3 $11,595.68 $11,595.68 Utilities Sewer Treatment Connection Fee-Inside City 3" meter EMC 12-2-3 $23,143.06 $23,143.06 Utilities Sewer Treatment Connection Fee-Inside City 3/4" meter or less EMC 12-2-3 $2,169.77 $2,169.77 Utilities Sewer Treatment Connection Fee-Inside City 4" meter EMC 12-2-3 $36,182.02 $36,182.02 Utilities Sewer Treatment Connection Fee-Inside City 6" meter EMC 12-2-3 $86,798.00 $86,798.00 Pa g e 2 4 8 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities Sewer Treatment Connection Fee-Inside City 8" meter EMC 12-2-3 $115,730.31 $115,730.31 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Base charge EMC 12-2-3 $1,627.86 $1,627.86 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home First 12 Units (each)EMC 12-2-3 $356.26 $356.26 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Next 22 Unites (each)EMC 12-2-3 $288.66 $288.66 Utilities Sewer Treatment Connection Fee-Inside City Multi-Family and Mobile Home Units Over 34 (each)EMC 12-2-3 $164.18 $164.18 Utilities Sewer Treatment Connection Fee-Outside City 1" meter EMC 12-2-3 $3,618.42 $3,618.42 Utilities Sewer Treatment Connection Fee-Outside City 1.5" meter EMC 12-2-3 $7,216.44 $7,216.44 Utilities Sewer Treatment Connection Fee-Outside City 10" meter EMC 12-2-3 $166,360.24 $166,360.24 Utilities Sewer Treatment Connection Fee-Outside City 2" meter EMC 12-2-3 $11,595.68 $11,595.68 Utilities Sewer Treatment Connection Fee-Outside City 3" meter EMC 12-2-3 $23,143.06 $23,143.06 Utilities Sewer Treatment Connection Fee-Outside City 3/4" meter or less EMC 12-2-3 $2,169.77 $2,169.77 Utilities Sewer Treatment Connection Fee-Outside City 4" meter EMC 12-2-3 $36,182.02 $36,182.02 Utilities Sewer Treatment Connection Fee-Outside City 6" meter EMC 12-2-3 $86,798.00 $86,798.00 Utilities Sewer Treatment Connection Fee-Outside City 8" meter EMC 12-2-3 $115,730.31 $115,730.31 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Base Charge EMC 12-2-3 $1,627.86 $1,627.86 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home First 12 Units (each)EMC 12-2-3 $356.26 $356.26 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Next 22 Unites (each)EMC 12-2-3 $288.66 $288.66 Utilities Sewer Treatment Connection Fee-Outside City Multi-Family and Mobile Home Units Over 34 (each)EMC 12-2-3 $164.18 $164.18 Utilities Water - Inside Metered Rates 1" meter Admin EMC 12-1D-1 $4.38 $4.38 Utilities Water - Inside Metered Rates 1" meter Min Usage included in minimum bill (gallons)- 7,000 EMC 12-1D-1 $28.66 $28.66 Utilities Water - Inside Metered Rates 1.5" meter Admin EMC 12-1D-1 $5.38 $5.38 Utilities Water - Inside Metered Rates 1.5" meter Min Usage included in minimum bill (gallons)- 15,000 EMC 12-1D-1 $58.65 $58.65 Utilities Water - Inside Metered Rates 10" meter Admin EMC 12-1D-1 $114.46 $114.46 Utilities Water - Inside Metered Rates 10" meter Min Usage included in minimum bill (gallons)- 150,000 EMC 12-1D-1 $586.42 $586.42 Utilities Water - Inside Metered Rates 2" meter Admin EMC 12-1D-1 $8.76 $8.76 Pa g e 2 4 9 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities Water - Inside Metered Rates 2" meter Min Usage included in minimum bill (gallons)- 24,000 EMC 12-1D-1 $93.83 $93.83 Utilities Water - Inside Metered Rates 3" meter Admin EMC 12-1D-1 $33.67 $33.67 Utilities Water - Inside Metered Rates 3" meter Min Usage included in minimum bill (gallons)- 45,000 EMC 12-1D-1 $175.93 $175.93 Utilities Water - Inside Metered Rates 3/4" meter Admin EMC 12-1D-1 $3.36 $3.36 Utilities Water - Inside Metered Rates 3/4" meter Min Usage included in minimum bill (gallons)- None EMC 12-1D-1 $0.00 $0.00 Utilities Water - Inside Metered Rates 4" meter Admin EMC 12-1D-1 $42.76 $42.76 Utilities Water - Inside Metered Rates 4" meter Min Usage included in minimum bill (gallons)- 75,000 EMC 12-1D-1 $293.21 $293.21 Utilities Water - Inside Metered Rates 5/8" meter Admin EMC 12-1D-1 $3.36 $3.36 Utilities Water - Inside Metered Rates 5/8" meter Min Usage included in minimum bill (gallons)- None EMC 12-1D-1 $0.00 $0.00 Utilities Water - Inside Metered Rates 6" meter Admin EMC 12-1D-1 $64.31 $64.31 Utilities Water - Inside Metered Rates 6" meter Min Usage included in minimum bill (gallons)- 150,000 EMC 12-1D-1 $586.42 $586.42 Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000 gallons First 400,000 EMC 12-1D-1 $3.91 $3.91 Utilities Water - Inside Metered Rates Monthly Usage Rate per 1000 gallons Over 400,000 EMC 12-1D-1 $2.42 $2.42 Utilities Water - Outside Metered Rates 1" meter Admin EMC 12-1D-1 $6.12 $6.12 Utilities Water - Outside Metered Rates 1" meter Min Usage included in minimum bill (gallons)- 7,333 EMC 12-1D-1 $40.12 $40.12 Utilities Water - Outside Metered Rates 1.5" meter Admin EMC 12-1D-1 $7.54 $7.54 Utilities Water - Outside Metered Rates 1.5" meter Min Usage included in minimum bill (gallons)- 15,000 EMC 12-1D-1 $82.06 $82.06 Utilities Water - Outside Metered Rates 10" meter Admin EMC 12-1D-1 $160.24 $160.24 Utilities Water - Outside Metered Rates 10" meter Min Usage included in minimum bill (gallons)- 150,000 EMC 12-1D-1 $820.66 $820.66 Utilities Water - Outside Metered Rates 2" meter Admin EMC 12-1D-1 $12.25 $12.25 Utilities Water - Outside Metered Rates 2" meter Min Usage included in minimum bill (gallons)- 24,000 EMC 12-1D-1 $131.30 $131.30 Utilities Water - Outside Metered Rates 3" meter Admin EMC 12-1D-1 $47.13 $47.13 Utilities Water - Outside Metered Rates 3" meter Min Usage included in minimum bill (gallons)- 45,000 EMC 12-1D-1 $246.20 $246.20 Utilities Water - Outside Metered Rates 3/4" meter Admin EMC 12-1D-1 $4.71 $4.71 Utilities Water - Outside Metered Rates 3/4" meter Min Usage included in minimum bill (gallons)- None EMC 12-1D-1 $0.00 $0.00 Utilities Water - Outside Metered Rates 4" meter Admin EMC 12-1D-1 $59.86 $59.86 Utilities Water - Outside Metered Rates 4" meter Min Usage included in minimum bill (gallons)- 75,000 EMC 12-1D-1 $410.33 $410.33 Utilities Water - Outside Metered Rates 5/8" meter Admin EMC 12-1D-1 $4.71 $4.71 Utilities Water - Outside Metered Rates 5/8" meter Min Usage included in minimum bill (gallons)- None EMC 12-1D-1 $0.00 $0.00 Pa g e 2 5 0 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities Water - Outside Metered Rates 6" meter Admin EMC 12-1D-1 $90.03 $90.03 Utilities Water - Outside Metered Rates 6" meter Min Usage included in minimum bill (gallons)- 150,000 EMC 12-1D-1 $820.66 $820.66 Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 gallons First 400,000 EMC 12-1D-1 $5.48 $5.48 Utilities Water - Outside Metered Rates Monthly Usage Rate per 1000 gallons Over 400,000 EMC 12-1D-1 $3.39 $3.39 Utilities Water - Temporary Hydrant Usage Construction Water (Added - but on the website already) New Comments: Water use is charged at the Inside City Monthly Metered Usage Rate and shall be billed separately after the final meter usage is read. The minimum charge for water use from a hydrant is based on 10,000 gallons at the Inside City Monthly Metered Usage Rate. (website: https://www.englewoodco.gov/government /city-departments/utilities/contractors/fire- hydrant-use-regulations) EMC 12-1B-10 $3.91 $3.91 Utilities Water Connection Fee- Inside City 1" meter EMC 12-1D-1 $34,869.65 $34,869.65 Utilities Water Connection Fee- Inside City 1.5" meter EMC 12-1D-1 $69,548.28 $69,548.28 Utilities Water Connection Fee- Inside City 2" meter EMC 12-1D-1 $111,756.71 $111,756.71 Utilities Water Connection Fee- Inside City 3" meter EMC 12-1D-1 $223,034.82 $223,034.82 Utilities Water Connection Fee- Inside City 3/4" meter EMC 12-1D-1 $20,912.13 $20,912.13 Utilities Water Connection Fee- Inside City 4" meter EMC 12-1D-1 $348,701.82 $348,701.82 Utilities Water Connection Fee- Inside City 6" meter EMC 12-1D-1 $836,500.21 $836,500.21 Utilities Water Connection Fee- Inside City Commercial/Mixed Use First 125 Units (each)EMC 12-1D-1 $398.11 $398.11 Utilities Water Connection Fee- Inside City Commercial/Mixed Use Next 250 Unites (each)EMC 12-1D-1 $168.47 $168.47 Utilities Water Connection Fee- Inside City Commercial/Mixed Use Units Over 375 (each)EMC 12-1D-1 $124.48 $124.48 Utilities Water Connection Fee- Inside City Multi-Family and Mobile Home Base Charge EMC 12-1D-1 $12,566.81 $12,566.81 Utilities Water Connection Fee- Inside City Multi-Family and Mobile Home First 12 Units (each)EMC 12-1D-1 $2,782.49 $2,782.49 Utilities Water Connection Fee- Inside City Multi-Family and Mobile Home Next 22 Unites (each)EMC 12-1D-1 $2,159.03 $2,159.03 Utilities Water Connection Fee- Inside City Multi-Family and Mobile Home Units Over 34 (each)EMC 12-1D-1 $1,318.81 $1,318.81 Utilities Water Connection Fee- Outside City 1" meter EMC 12-1D-1 $48,817.50 $48,817.50 Utilities Water Connection Fee- Outside City 1.5" meter EMC 12-1D-1 $97,368.89 $97,368.89 Utilities Water Connection Fee- Outside City 2" meter EMC 12-1D-1 $156,460.03 $156,460.03 Utilities Water Connection Fee- Outside City 3" meter EMC 12-1D-1 $312,249.38 $312,249.38 Utilities Water Connection Fee- Outside City 3/4" meter EMC 12-1D-1 $29,277.84 $29,277.84 Utilities Water Connection Fee- Outside City 4" meter EMC 12-1D-1 $488,181.47 $488,181.47 Utilities Water Connection Fee- Outside City 6" meter EMC 12-1D-1 $1,171,100.71 $1,171,100.71 Utilities Water Connection Fee- Outside City Commercial/Mixed Use First 125 Units (each)EMC 12-1D-1 $556.93 $556.93 Utilities Water Connection Fee- Outside City Commercial/Mixed Use Next 250 Unites (each)EMC 12-1D-1 $236.08 $236.08 Utilities Water Connection Fee- Outside City Commercial/Mixed Use Units Over 375 (each)EMC 12-1D-1 $189.93 $189.93 Utilities Water Connection Fee- Outside City Multi-Family and Mobile Home Base Charge EMC 12-1D-1 $17,593.10 $17,593.10 Utilities Water Connection Fee- Outside City Multi-Family and Mobile Home First 12 Units (each)EMC 12-1D-1 $3,895.28 $3,895.28 Utilities Water Connection Fee- Outside City Multi-Family and Mobile Home Next 22 Unites (each)EMC 12-1D-1 $3,022.86 $3,022.86 Pa g e 2 5 1 o f 3 1 0 Attachment A 2024 Schedule of Service, License and Permit Fees and Utility Rates City of Englewood, Colorado 2024 Schedule of Service, License and Permit Fees and Utility Rates Effective January 1, 2024 unless otherwise stated Department Type Description Description Details Municipal Code Authorizing the Fee Revised 2024 Fee and Rate Schedule Revised Fee or Rate Increase Fees and Rates Effective 1/1/24 Authorized 10/2/23 Utilities Water Connection Fee- Outside City Multi-Family and Mobile Home Units Over 34 (each)EMC 12-1D-1 $1,846.76 $1,846.76 Utilities Fee Meter Tampering Fee EMC 12-1A-4F $300.00 $300.00 Utilities Fee Unauthorized Water Use Fee (Turning on of Water) EMC 12-1A-5B $300.00 $300.00 Utilities Fee City Main Disconnection Fee/Failure to Disconnect EMC 12-1B-2B $300.00 $300.00 Utilities Fee Abandoned Sewer Service Fee/Failure to Disconnect EMC 12-2-4B $300.00 $300.00 Pa g e 2 5 2 o f 3 1 0 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: January 8, 2024 SUBJECT: Professional Services Agreement with Jacobs Engineering Group Inc. for Final Design of Denver Water Interconnections DESCRIPTION: Professional Services Agreement (PSA) with Jacobs Engineering Group Inc. (Jacobs) for Final Design of Denver Water Interconnections. RECOMMENDATION: Utilities staff recommends City Council approve a PSA with Jacobs to perform the final design for emergency interconnections between the City of Englewood’s (City) and Denver Water’s potable water distribution system in the amount not to exceed $464,533. The Water and Sewer Board recommended Council approve the PSA with Jacobs during its December 12, 2023 meeting. PREVIOUS COUNCIL ACTION:  December 18, 2023 – City Council approved the first reading of Council Bill No. 73 for Denver Water Intergovernmental Agreement (IGA) for Emergency Interconnects. SUMMARY: Englewood delivers water to a residential and non-transient population of approximately 57,000 through 11,322 service connections from the Allen Water Treatment Plant (WTP) and its associated water distribution system. The Allen WTP is the single drinking water treatment facility for the Englewood Utilities service area. The distribution system is currently isolated from other surrounding water supply systems. Establishing an emergency water interconnection is recommended to ensure a continuous and reliable water supply during disruptions in the water supply. Disruptions in water supply systems can occur unexpectedly due to equipment failure, water main breaks, contamination events and natural disasters. A backup water source can be established by constructing emergency interconnections between Englewood’s and Denver Water’s distribution systems. An emergency interconnect minimizes the impact on critical services and public health in the event of an emergency that disrupts Englewood’s ability to provide safe drinking water. ANALYSIS: A Request for Proposals (RFP) was developed and advertised on the Rocky Mountain E- Purchasing System (BidNet) in April 2021 for on–call engineering services. The selection committee selected four engineering firms, including Jacobs, to execute on-call contracts based on the evaluation criteria. The selection committee considered Jacobs sufficiently qualified due to extensive local water and wastewater sector experience and strong team technical ability. Page 253 of 310 Jacobs prepared a 10% preliminary design under this on–call contract to facilitate the negotiations with Denver Water for the Emergency Interconnect IGA. Staff recommends a PSA with Jacobs to perform the final design of two approved interconnects between the Englewood and Denver Water systems. The PSA with Jacobs is recommended for the following reasons:  Familiarity with the design requirements required by Denver Water on the preliminary design.  Maintaining continuity with Denver Water and the City’s project team.  Understanding of the history and challenges the project has already overcome.  The critical nature of the timing for construction of the project. Jacobs submitted a draft proposal in October 2023, and staff and Jacobs negotiated the scope of work to satisfy the City’s needs. Staff are therefore recommending the approval of a PSA with Jacobs in the amount of $464,533, which includes $45,000 in supplemental services. COUNCIL ACTION REQUESTED: Motion to approve a Professional Services Agreement for the Final Design of the Denver Water Interconnections in the amount not to exceed $464,533. FINANCIAL IMPLICATIONS: Funding for this contract is included in the 2024 Utilities budget. Source of Funds Line-Item Description Line-Item Budget YTD Line-Item Expensed Purchase Amount 40-1609-61262 Water Fund, Engineering, Water Distribution System $12,130,000 $0 $464,533* *Maximum purchase amount of $464,533 over a one-year term. PROCUREMENT INFORMATION: Account Number: 40-1609-61262 Project Number: 40 30025 Util. Denver Water Emergency Interconnect Task Number: 002 Util. DWEI Engineering CONNECTION TO STRATEGIC PLAN: Infrastructure:  Ensure protection of the City's water infrastructure Sustainability:  Maintaining infrastructure Safety:  Ensure safe drinking water is delivered to customers ATTACHMENTS: Page 254 of 310 Contract Approval Summary (CAS) PSA-23-184 Denver Water Interconnect Final Design PowerPoint Presentation Page 255 of 310 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 1/1/2024 Amendment Amount End Date 12/31/2024 Amended Contract Amount Total Term in Years 1.00 Vendor Contact Information: Name Contact Address Phone Email Greenwood Village CO City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Jacobs Engineering Group Inc. 6312 S Fiddlers Green Circle, Ste 300N PSA-Professional Services Agreement PSA-23-184 DESIGN DENVER WATER INTERCONNECTS $ 464,533 $ - $ 464,533 303-783-6857Cliff Stephens CStephens@englewoodco.govUtilities Engineering Supervisor Renewal options available One-year term, renewal options available if both parties agree. If the 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 Council pursuant to the City's Purchasing Policies. Jacobs Engineering Group (Jacobs)will furnish for the City of Englewood (City) engineering services to design two interconnections to Denver Water’s water distribution system. The interconnections will be available to be manually activated by the City in response to an outage. The Consultant will prepare detailed plans and specifications for the City to use to construct the interconnects (Project). 80111 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) 720-286-2000 Rick.Fell@jacobs.com Rick Fell Compensation will be on a time and expense basis with labor billed at the rates shown in the On-Call Engineering Support Services - Utilities, Attachment B, Fee, and Rate Schedule. The hourly billing rates include allowances for salary, benefits, overhead, and profit. Other expenses will include travel and surveying equipment costs, and geotechnical and potholing subconsultant fees. These fees have an additional 5% mark-up applied. A summary of the assumed level of effort and budgetary amount for the Consultant’s services is presented in the fee spreadsheet attachment. Budget will be managed at the project level and overruns/underruns at the task level may occur. The Consultant will not exceed the total budgetary amount without prior written approval from the City. Page 256 of 310 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C -$ -$ -$ -$ C 2024 40 30025-002 40 1609 61262 PSA-23-184 DESIGN DENVER WATER INTERCONNECTS 12,130,000$ -$ 464,533$ 11,665,467$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year 12,130,000$ -$ $464,533*11,665,467$ *Maximum purchase amount of $464,533 over a one-year term. C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 12,130,000$ -$ $464,533*11,665,467$ *Maximum purchase amount of $464,533 over a one-year term. Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: RFP#-21-013 NOTES/COMMENTS (if needed): *Maximum purchase amount of $464,533 over a one-year term. For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Water Fund, Engineering, Water Distribution System General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 257 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 1 PROFESSIONAL SERVICES AGREEMENT Contract Number PSA-23-184 DESIGN DENVER WATER INTERCONNECTS $464,533.00 (Not to Exceed) This Professional Services Agreement (the “Agreement”) is made as of this , (the “Effective Date”) by and between Jacobs Engineering Group Inc., a Delaware corporation (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions.The terms set forth below shall be defined as follows: (a)“Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b)“Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works,trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. (c)"Contract" shall mean this instrument, Attachment A the Outline of the Statement of Work, Attachment B Consultant's Proposal, Attachment C Certificate of Insurance, 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, any exhibits provided by the 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”) Page 258 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 2 as further described in Attachment A (the “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 degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are performed Consultant will reperform any services not meeting this standard without additional compensation. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. City shall not hold Consultant responsible for damages or performance delays caused by circumstances beyond its control, and which could not reasonably have been anticipated or prevented. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in the 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 the Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which Page 259 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 3 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 and upon reasonable notice to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. Accounting records will be available to City during Consultant's normal business hours for a period of one (1) year after Consultant’s final invoice for examination to theextent required to verify the direct costs(excluding established or standard allowances and rates) incurred hereunder. City may only audit accounting records applicable to a cost- reimbursable type compensation. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one-year period, if the parties desire to extend this Agreement beyond the one-year period, written notice shall be given to the other party no later than thirty (30) days prior to the end of the one- year period. If the 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 Council pursuant 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 on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under Page 260 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 4 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 of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third-party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24- 72-201 et seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their Page 261 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 5 employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party may suffer irreparable harm and that the total amount of monetary damages for any such injury to the non- breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non- breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 relating to the use and protection of Confidential Information shall survive three (3) years after the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its Page 262 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 6 terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) 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 fees and disbursements of legal counsel and accountants) related to third party bodily injury including death, or damage to tangible property to the extent arising from or related to 1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or 2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Except for claims that flow from City which are not capped by this Agreement the total aggregate liability of Consultant to City arising out of the performance or breach of this Agreement shall not exceed the amount paid to Consultant under this Agreement. Notwithstanding any other provision of this Agreement, Consultant and City agree that in no event will either party be liable to the other under this Agreement for contingent, consequential or other indirect damages including, without limitation, damages for loss of use, revenue or profit; operating costs and facility downtime; or other similar business interruption losses, however the same may be caused. The limitations and exclusions of liability set forth in this Agreement shall apply regardless of the fault, breach of contract, tort (including the concurrent or sole and exclusive negligence), strict liability or otherwise. (c) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall Page 263 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 7 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. (d) 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. (e) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of three million dollars ($3,000,000) per occurrence and in the aggregate. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount of one million dollars ($1,000,000) per claim and in the aggregate. (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 of one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance for Commercial General Liability and Automobile Liability will list the City of Englewood as an additional insured. Each Page 264 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 8 certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to 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. Consultant shall not be responsible for unauthorized use of the Work Product or use other than as intended under the Agreement. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a) Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake Page 265 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 9 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 of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally- recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or Page 266 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 10 modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trademark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8, 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Compliance with the Immigration Reform And Control Act Of 1986. Consultant certifies that Consultant has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Consultant for the performance of this Agreement have completed and signed Form I-9 verifying their identities and authorization for employment. 35. Incorporation by Reference. This Agreement is made under and conformable to the provisions of Section 4-1-3-4 of Englewood Municipal Code, which provides standard contract provisions for all contractual agreements with the City. Insofar as applicable, the provisions of EMC Section 4-1- 3-4 are incorporated herein and made a part hereof by this reference and shall supersede any apparently conflicting provision otherwise contained in this Agreement. Page 267 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 11 IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: Date: (Department Director) By: Date: (City manager) By: Date: (Mayor) ATTEST: City Clerk JACOBS ENGINEERING GROUP INC. (Consultant Name) Address City, State, Zip Code By: (Signature) (Print Name) Title: Date: Vice President December 12, 2023 6312 S Fiddlers Green Circle, Ste 300N Greenwood Village, CO 80111 Albert Paquet Digitally signed by Albert Paquet DN: cn=Albert Paquet, c=US, o=Jacobs Engineering Group Inc., email=al.paquet@jacobs.com Date: 2023.12.12 09:05:42 -07'00' Albert Paquet Page 268 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 12 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL This Schedule A is attached to and made part of the Professional Services Agreement (PSA) # 23-184 between the City of Englewood (CITY) and Jacobs Engineering Group Inc. (CONSULTANT) for Final Design for Denver Water Interconnections. Contract amount of $464,533.00 for the term indicated in Attachment B - Schedule. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Jacobs Engineering Group Inc. Rick Fell 6312 S Fiddlers Green Circle, Ste 300N Greenwood Village, CO 80111 720-286-2000 Rick.Fell@jacobs.com City of Englewood Cliff Stephens 1500 W Layton Ave Englewood, CO 80110 Office:303-783-6857 Mobile: 720-753-2514 cstephens@englewoodco.gov 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Jacobs Engineering Group Inc. (Jacobs) will furnish for the City of Englewood (City) engineering services to design two interconnections to Denver Water’s water distribution system. The interconnections will be available to be manually activated by the City in response to an outage. The Consultant will prepare detailed plans and specifications for the City to use to construct the interconnects (Project). 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The City will provide GIS Data for the Project. 5. OTHER CONSULTANT RESOURCES NA 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES See Attachment A – Scope of Services. 7. SPECIAL TERMS, IF ANY a. Consultant will not perform work that is outside the scope of work defined in the PSA unless approved in advance in writing by Owner. Failure of Consultant to obtain written authorization for work outside the Scope of Work could result in nonpayment of those services performed. Page 269 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 13 b. Where Consultant is prevented from completing any part of the Work within the completion time due to delay beyond the control of the Consultant, the completion times will be extended in an amount equal to the time lost due to such delay. Delays beyond the control of Consultant shall include but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Consultant’s sole and exclusive remedy for the delays. For a delay caused by City, Consultant is responsible for submitting supporting information. City, at its sole discretion, will determine the validity of the claim. City’s determination is final. c. Consultant shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Consultant. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Consultant. 8. MODE OF PAYMENT Monthly Invoice Submittals – Consultant shall submit monthly invoices detailing costs incurred in conjunction with the project. Each invoice shall cover a period of one calendar month (or a four (4) week period) and shall be submitted to the City within six (6) weeks after the end of each billing cycle. Electronic invoices shall be submitted to UtilitiesAP@EnglewoodCO.gov and the Englewood Utilities Project Manager. The following required information will be included: x Project title x Invoice date x Project PO number x Invoice number and billing period x Summary of work performed during invoice period, broken down and detailed by task x Consultant’s staff hours utilized to date and total staff hours allocated, for each task x Consultant’s direct labor, indirect costs, sub-consultant costs, and other direct cost; x Costs for each task, with current balances x Scope of work percent complete by task and for total project as estimated by Consultant independent of expenditure percent complete x Remaining funds by task and for total project shall be clearly presented x Expected work to be conducted during the ensuing month Earned value S-curve City’s responsibilities include: x City shall provide payment in the form of Check or EFT x P.O. required upon approval of contract/agreement x 30-day net terms 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables / Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables / Milestones have been satisfied. 10. SCHEDULE AND PERFORMANCE MILESTONES See Attachment B – Schedule. Page 270 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 14 11. ACCEPTANCE AND TESTING PROCEDURES Plans will be accepted with an approval letter from the City. 12. LOCATION OF WORK FACILITIES The work will be conducted at various offices and managed by Consultant at its regular office located in Greenwood Village, Colorado. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement 23-184 between the parties hereto dated , the parties have executed this Statement of Work as of this . CITY OF ENGLEWOOD, COLORADO By: (Signature) (Print Name) Title: Date: JACOBS ENGINEERING GROUP INC. Consultant Name By: (Signature) (Print Name) Title: Date: Vice President December 12, 2023 Albert Paquet Digitally signed by Albert Paquet DN: cn=Albert Paquet, c=US, o=Jacobs Engineering Group Inc., email=al.paquet@jacobs.com Date: 2023.12.12 09:04:22 -07'00' Albert Paquet Page 271 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 15 ATTACHMENT B CONTRACTORS PROPOSAL Page 272 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 16 City of Englewood Water Supply Interconnect Design Services Scope of Services Project Overview Jacobs Engineering Group Inc. (Consultant) agrees to furnish the City of Englewood (City) engineering services to design two interconnects to Denver Water’s water distribution system. The interconnects will be available to be manually activated by the City in response to an outage. The Consultant will prepare detailed plans and specifications for the City to use to construct the interconnects. The Consultant’s estimated professional services costs for the project are based on the elements included in the task descriptions below. Task 1 – Project Management and Coordination Consultant will provide Project Management services to include the following: x Management of this Scope of Services (scope), and associated schedule, budget, staff, health and safety, and quality. x Monthly invoices with project status reports, prepared by the Consultant’s Project Manager and sent to the City. x Attend up to one (1) kick-off meeting with City, to be held in-person with up to two (2) attendees from Consultant. x Attend one (1) status and working meeting with City, to be held virtually with up to five (5) attendees from Consultant. x Attend up to two (2) design review meetings with project stakeholders, to be held virtually with up to two (2) attendees from Consultant. Task 1 Deliverables: x Kick-off meeting agenda and meeting minutes, including an action item log. x Design Phase: provide up to nine (9) monthly invoices with project status reports, including schedule updates. x Construction Phase: provide monthly invoices with project status reports for the duration of services during construction assumed in Task 7. Task 1 Assumptions: x Consultant will prepare and issue an agenda before the kick-off meeting. x Kick-off meeting minutes will be issued by Consultant within one week following the kick- off meeting. x Status and working meeting agendas will be prepared and issued by City before these meetings; minutes will be issued by City within one week following each meeting. x Design review meeting agendas will be based on stakeholder review comments; minutes will be issued by Consultant within one week following the design review meeting. x Design duration will be nine (9) months. Page 273 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 17 Task 2 – Geospatial Services Consultant will provide topographic survey, boundary survey, and Subsurface Utility Engineering (SUE) at two locations within the City to support the Interconnect Project. Survey Control Consultant will establish three project survey control points at each interconnect site. Horizontal coordinates will be Colorado State Plane, Central Zone modified to ground. Information specific to control point location, coordinate values, and elevation will be depicted within the digital CAD file and on a survey control diagram to be signed and sealed by a Colorado Licensed Professional Land Surveyor. Topographic Survey Consultant’s surveyors will use a combination of GNSS RTK observations and total station observations to create a topographic map of the Area of Interest (AOI) at each interconnect site. The extent of the topographic survey at the proposed interconnect sites are shown in Exhibit A and Exhibit B below. Survey data shall include curb and gutter, paved surfaces, pavement markings, sidewalks, ADA ramps, street signs, street lighting, fences, utility poles, and visible evidence of subsurface utility appurtenances. Topographic data will be used to create Digital Terrain Models (DTM) of the existing surfaces and data will be provided to Consultant’s design team in a digital CAD format. Boundary Survey For the improvements where Consultant anticipates private property being affected, subdivision plats and surveys will be built and placed using field located property pins, range points, and Public Land Survey System (PLSS) aliquot corners. For the Interconnect No 1 site, one title commitment will be obtained by Consultant for 901 E. Oxford Lane, at the northeast corner of S. Clarkson Street and E. Oxford Lane, to verify ownership and encumbrances of record. Consultant anticipates City will need one temporary construction easement, where one easement description and companion exhibit will be prepared. Said easement description and exhibit will be signed and sealed by a licensed Colorado Professional Land Surveyor. Subsurface Utility Engineering (SUE) Consultant will provide SUE services per Colorado Revised Statutes, 9-1.5-103 and American Society of Civil Engineers (ASCE) 38-22 Standards Guidelines for the Collection and Depiction of Existing Subsurface Utility Data. Services include utility research, investigation, designation, potholing, and surveying of existing overhead and subsurface utilities within the project SUE. The goal is to achieve ASCE 38-22 Quality Level B on known subsurface utilities within the project corridor. Utilities not meeting Quality Level B will be identified, and the reason that Quality Level B was not obtained will be noted. SUE tasks include: x Utility Research: Utility map research will be performed within the project boundary using the local one-call facility for utility providers in the area. Consultant will attempt to obtain maps from these providers and use them as general guidance during utility designation. Not all utility companies provide maps, therefore surface appurtenances of utilities within the area will also be used to inform the utility designation effort. Page 274 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 18 x Utility Designation: Based on the maps and utility appurtenances, inductive underground utilities within the SUE boundary will be designated using Radio-Frequency Electro-Magnetic Induction (RFEMI) equipment. Some utilities may be of record but unlocatable in the field with RFEMI. Known utilities not meeting Level B quality will be labeled with the appropriate ASCE Quality Level and noted in the final CAD drawing. Utility ownership will be summarized in a separate utility matrix to be delivered to the design team. x Utility Surveying: Utilities located as part of the SUE designation task will be surveyed using a combination of conventional and GPS RTK survey methods. Designated utilities that are surveyed will be shown in the digital CAD file with the appropriate ASCE Quality Levels. Survey will include measure downs inside Storm and Sanitary Sewer Manholes. x Utility Potholing: Pothole locations will be identified by the design team then will be staked out in the field by surveyors for use by the potholing subcontractor. Then Consultant will field survey the horizontal and vertical surface locations of the restored potholes. Field pothole logs will be filled out and the data obtained from the potholes will be incorporated into an electric tabular format (XLSX) spreadsheet. Typical Subsurface Utilities Include: Electric, Communication (Fiber Optic), Gas, Water, Storm Sewer, and Sanitary Sewer. Task 2 Deliverables: x AutoCAD Civil 3D V2020 (.DWG) file depicting site topography, survey control, subsurface utilities identified during record and field investigations assigned to appropriate ASCE Quality Levels and pertinent notes. x Digital Terrain Model (DTM) in LandXML format. x Survey control diagram (PDF) signed and sealed by a licensed Colorado Professional Land Surveyor. x One easement description and companion exhibit, signed and sealed by a licensed Colorado Professional Land Surveyor. x Subsurface Utility Report and utility provider maps. x Utility pothole logs. Task 2 Assumptions: x City will provide GIS information. x Consultant will coordinate Right of Entry for 901 E. Oxford Lane, if required. All other areas are assumed to be within existing City easements or City Right of Way therefore Right of Entry will not be required. x City will provide any necessary permits for surveying activities. x Traffic Control will not be required for this scope of work. x Consultant is not responsible for disturbed survey control monuments after they have been utilized for this project. x No more than 16 utility test holes (potholes) are required. x Pothole locations will be surveyed before and after drilling. Survey crews will not be on site when the potholes are drilled. x Utility relocation services will not be required. x Consultant will not investigate sanitary sewer service lines. Page 275 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 19 x Utility investigation does not include abandoned utilities, but if identified by record, lines will be shown as Quality Level D in the plan set. x Ground Penetrating Radar (GPR) investigation will not be required. x No more than one easement description and companion exhibit are required. x No more than one title commitment will be required to complete the tasks in this Scope of Work. x Jacobs will not set any boundary monuments and no survey plats are required. x Jacobs will reasonably rely upon the accuracy, timeliness, and completeness of information provided by others, including the City, Denver Water, and Cherry Hills Village. EXHIBIT A – INTERCONNECT NO 1 Page 276 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 20 EXHIBIT B – INTERCONNECT NO 2 Task 3 — Environmental Services Projects receiving Water Infrastructure Finance and Innovation Act (WIFIA) funding from the US Environmental Protection Agency (EPA) must comply with the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act (NHPA), and Section 7 of the Endangered Species Act (ESA). Consultant anticipates that a categorical exclusion (CE) is the appropriate NEPA compliance path for this project based on criteria listed in Appendix H of EPA’s WIFIA Handbook. Consultant will prepare a CE application based on Appendix H and instructions and checklist provided by the EPA at https://www.epa.gov/system/files/documents/2022- 10/NEPA%20CATEX%20Form%20Fillable.pdf. Task 3 Assumptions x One member of environmental staff will attend project kickoff meeting. x Consultant will coordinate with project design team to identify potentially affected resources. x No long-term impacts to land use, air quality, noise and vibration, geology and soils, water resources (including wetlands), biological resources, floodplains, farmlands, cultural resources, socioeconomic resources and environmental justice communities, transportation and traffic, utilities and community services, hazardous materials, and Page 277 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 21 human health and safety are expected. o No historic or archeological resources are expected in the area of potential effect (APE), and the project will result in a finding of “no historic properties affected” under Section 106 of the NHPA. Consultant will perform a literature search with the Colorado State Historic Preservation Office through COMPASS database. Due to prior ground disturbance activities from roadways, utilities, landscaping, etc., within the project area, it is assumed no cultural resources survey is necessary. o No threatened or endangered plant or animal species are expected in the area, with “no effect” under Section 7 of the ESA. Consultant will obtain list of potential species from USFWS IPaC site. o A nest survey for migratory birds will be conducted by a qualified biologist prior to construction. o Work hours for field work are assumed to be from 0830 to 1530. x Short-term construction impacts are expected to noise and vibration and traffic. x Consultant will support EPA’s public involvement activities consisting of preparation of public notice and posting environmental documentation for public review. Task 3 Deliverables x Completed CE application x Two agency letters x Public notice for CE review Task 4 – Geotechnical Explorations and Recommendations Shannon & Wilson (Geotechnical Subconsultant) will provide geotechnical explorations and recommendations required for design of the two interconnects. Each interconnect structure will consist of buried concrete vaults having invert depths approximately 10 to 12 feet below existing grade (bgs). Geotechnical Subconsultant’s scope of work will include a field exploration program, development of geotechnical engineering recommendations, and preparation of a geotechnical report. Field Explorations The field exploration program will consist of 2 borings drilled to a depth of 20 feet each. One boring will be drilled at each proposed interconnect location; final boring locations will be determined by project needs, utilities, and other site constraints. The proposed total footage for the project is 40 feet. The scope of work for the geotechnical field investigation includes the following tasks: x Before drilling, Geotechnical Subconsultant will call the Utility Notification Center of Colorado to locate utilities. Geotechnical Subconsultant will meet with individual utility locators on-site as required. x Geotechnical Subconsultant will obtain a Right-of-Way Permit from the City of Englewood for each boring. x The borings will be drilled using a truck-mounted drill rig supplied and operated by a drilling contractor under subcontract to Geotechnical Subconsultant. x Geotechnical Subconsultant will arrange for traffic control at each boring location. x Sampling will be conducted on approximately 2-1/2-foot to 5-foot intervals using the Standard Penetration Test (SPT), in general accordance with ASTM D-1586. Occasional Page 278 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 22 larger-diameter drive samples using a modified California-barrel sampler may also be collected. In addition, a bulk sample will be collected from each boring. x Pavement thickness will be measured in the borings. x A geologist or geotechnical engineer will observe the drilling and prepare a descriptive field log of the exploration based on ASTM D 2487, Standard Test Method for Classification of Soil for Engineering Purposes, and ASTM D 2488, Standard Recommended Practice for Description of Soils (Visual-Manual Procedure). x Upon completion of drilling, groundwater levels will be measured and then the boreholes will be backfilled with flowfill per the requirements of the ROW permit. x Geotechnical Subconsultant will transport the geotechnical samples back to our in- house laboratory for further observation and laboratory testing. Depending on the lithology of the materials encountered, tests may include natural moisture content, grain size distribution, Atterberg limits, unit weight, corrosion, and swell/consolidation. Reporting and Analysis Data generated during the subsurface exploration and laboratory testing programs will be analyzed by a geotechnical engineer in developing findings and recommendations to be presented in a Geotechnical Report, which will be signed and sealed by a professional engineer registered in the state of Colorado. Geotechnical Subconsultant will issue a draft report for review by the project team. Geotechnical Subconsultant will then issue a final version of the report incorporating the review comments. The report will include: x Description of the geotechnical explorations, including the field work performed, sampling method(s) and equipment used, and laboratory tests performed; x Field and laboratory tests results, including boring logs; x A site plan showing the approximate exploration locations; x A general description of subsurface soil/rock conditions and groundwater levels below the site; x Geologic and seismic hazards, including seismic site class (IBC), frost depth, soil corrosion potential, and swell potential; x Engineering analyses including recommended lateral earth pressures, allowable bearing pressures, and expected settlements, soil angle of internal friction, friction factor (sliding), modulus of subgrade reaction (mat foundations), and unit weight of soil (moist and saturated); x Earthwork recommendations, including: overexcavation requirements and subgrade preparation; material specifications for structural backfill; compaction requirements; frost depth; temporary slopes and/or shoring; pipe bedding; and trench backfill. x Considerations for dewatering and underdrain requirements, as required; and x Soil/rock corrosivity. Task 4 Assumptions x Geotechnical explorations will occur in public right-of-way (ROW), so right-of-entry will not be required. x Work hours for field work are assumed to be from 0830 to 1530. x Permit fees will be waived. x Private utility locating will not be required. x Potholing will be performed by others. x No rock coring will be performed. Page 279 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 23 x Pavement design is excluded. Consultant assumes that City will provide their typical paving section for design of trench patch. x No groundwater wells will be installed. x An open Leaking Underground Storage Tank (LUST) site is located at 4695 S. Broadway, approximately 0.5 mile west of interconnect No 2. According to information reviewed online at the Colorado Department of Labor and Employment Division of Oil and Public Safety, monitoring of remediation activities was ongoing as of June 2023. Due to the distance of this LUST site from interconnect No 2, groundwater sampling in support of potential construction dewatering is not required. x Cuttings and groundwater generated during drilling are not contaminated, are non- hazardous, and will not require disposal as hazardous materials. No waste profiling of investigative derived waste will be performed. x The boring location coordinates will be collected using a handheld GPS receiving unit. Geotechnical Subconsultant will stake/paint the boring locations to facilitate surveying by others if requested. x Geotechnical Subconsultant will backfill and patch the boreholes according to permit requirements. x Geotechnical work will be completed during calendar year 2024. x Detailed shoring design will not be provided. Task 5 – Detailed Design Consultant will prepare detailed plans and specifications for the City to use to construct the interconnects. Interconnect designs will be based on conceptual designs prepared under separate agreement. The two interconnects will be designed to meet the City’s current maximum day demand of 11.5 mgd, using finished water supplied by Denver Water. In addition to the details below, each interconnect design will include a submersible sump pump, electric heater, dehumidifier, instrumentation and controls, and be capable of transmitting critical condition signals to the City’s SCADA system along with flow meter measurements. In response to a radio path survey performed by the City, signals will be transmitted using a cellular device and a buried “hockey puck style” antenna like the RFMAX Antennas model RHPM. No motorized valves or other remote operations will be designed. In response to WIFIA funding requirements, Consultant will specify proposed interconnect materials per the Build America, Buy America Act (BABA) and American Iron and Steel (AIS) requirements. Interconnect No 1 Interconnect No 1 will be located near the northeast corner of S. Clarkson Street and E. Oxford Avenue. During the City’s current maximum day demand, Interconnect No 1 will be designed to provide an average design flow rate of 6 mgd, a minimum design flow of 2 mgd, and a peak flow rate of up to 13 MGD of water to the City’s Pressure Zone 1. An existing 30-inch buried outlet will be utilized for the proposed supply connection, and buried piping will be reduced in size. An existing, buried concrete vault also exists at the site and will be repurposed to house three new double check valve backflow prevention assemblies (DC BFPAs). The existing structure measures approximately 14’-4” by 12’-4” (inside dimensions), and it is assumed to be capable of meeting the service life required by the project. Page 280 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 24 A second, pre-cast concrete vault will be designed to house water meters upstream of the DC BFPAs. Two 12-inch turbine style flow meters will be designed per Denver Water standards. The pre-cast vault will be designed to be buried between the existing outlet and DC BFPA vault. Buried piping and the pre-cast concrete vault are anticipated to conflict with existing site features including an existing storm drain owned by Cherry Hills Village, and existing 12-inch diameter piping owned by the City. Consultant assumes that the storm drain can be reconfigured and will include this task in the site plan design. The existing 12-inch diameter piping will be indicated to be removed or abandoned in place. The interconnect will include a new downstream connection to an existing 24- inch buried water main owned by the City. Interconnect No 2 Interconnect No 2 will be located in E. Chenango Avenue, between and including the intersections of S. Clarkson Street and S. Washington Street. During the City’s current maximum day demand, Interconnect No 2 will be designed to provide an average design flow rate of 2.5 mgd and a peak flow rate of up to 4 mgd of water to the City’s Pressure Zone 2. Approximately 30 psi of excessive pressure from the connection to Denver Water’s system at Interconnect No 2 will be reduced with a pressure reducing valve (PRV). Consultant will provide PRV set points following the 60% design milestone. Interconnect No 2 will consist of two, buried pre-cast concrete vaults and approximately 330- feet of buried 12-inch diameter piping. At the upstream end, a new 12-inch connection will be made to an existing 24-inch conduit buried beneath S. Clarkson Street. Denver Water has requested that the City provide a new 24-inch isolation valve adjacent to this connection, which will be included in Consultant’s design. Inside the first buried vault, one 12-inch turbine style flow meter will be provided. The second buried vault will include two DC BFPAs and two PRVs. One PRV will serve high flows and the other low flows, to be manually selected by the City. The Interconnect No 2 site is completely within public ROW. Proposed above-grade features including, but not limited to a new electrical service will be mounted adjacent to an existing fence separating the ROW from private property at the southwest corner of E. Chenango Avenue and S. Clarkson Street. Once outside the second vault, the 12-inch pipe will convey water downstream to connect with an existing buried water main owned by the City. Task 5 Deliverables: x 30%, 60%, 90%, and 100% design documents will be prepared by Consultant, for review by City and project stakeholders including Denver Water. Design documents are assumed to include the drawings identified in Table 1 – Preliminary Drawing List. Master specifications, standard to Consultant’s organization, will be used as the basis for technical project specifications. City will provide construction agreement, general conditions, supplementary conditions, and other Division 1 specifications including bidding documents and a schedule of values. x 30% design documents will consist of civil, process mechanical, and SCADA drawings for preliminary design confirmation by City and project stakeholders. x 60% design documents will include structural drawings and be prepared following Consultant’s completion of topographic survey and SUE elements, and receipt of 30% review comments by City and project stakeholders; a list of technical project specifications will be provided at 60%. x 90% design documents will be prepared following Consultant’s completion of utility Page 281 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 25 potholing, completion of draft Geotechnical Report, and receipt of 60% review comments by City and project stakeholders; a draft set of technical project specifications will be provided at 90%. x 100% design documents will be prepared in response to 90% review comments by City and project stakeholders. Additional submissions of design documents, in response to 100% review comments by City and project stakeholders are not included in this scope of services. TABLE 1 – PRELIMINARY DRAWING LIST 1 Civil/Yard Piping Cover Sheet 2 Civil/Yard Piping Legend and Abbreviations 3 Civil/Yard Piping Demo Plan, Interconnect No 1 4 Civil/Yard Piping Site Plan, Interconnect No 1 5 Civil/Yard Piping Pipe Profile, Interconnect No 1 6 Landscape Landscape Restoration Plan, Interconnect No 1 7 Civil/Yard Piping Site Plan, Interconnect No 2 8 Civil/Yard Piping Pipe Profile, Interconnect No 2 9 Civil/Yard Piping Pipe Profile, Connections 10 Structural Plan View, Interconnect No 1 11 Structural Section View, Interconnect No 1 12 Structural Plan View, Interconnect No 2 13 Structural Section View, Interconnect No 2 14 Process Mechanical Plan View, Interconnect No 1 15 Process Mechanical Section View, Interconnect No 1 16 Process Mechanical Plan View, Interconnect No 2 17 Process Mechanical Section View, Interconnect No 2 18 Electrical Electrical Site Plan and One-Line Diagram, Interconnect No 1 19 Electrical Electrical Site Plan and One-Line Diagram, Interconnect No 2 20 Instrumentation & Controls P&ID, Interconnect No 1 21 Instrumentation & Controls Network Architecture, Interconnect No 1 22 Instrumentation & Controls Control Panel Layout, Interconnect No 1 23 Instrumentation & Controls P&ID, Interconnect No 2 24 Instrumentation & Controls Network Architecture, Interconnect No 2 25 Instrumentation & Controls Control Panel Layout, Interconnect No 2 26 Civil/Yard Piping Standard Details 27 Structural Standard Details 28 Process Mechanical Standard Details 29 Electrical Standard Details Page 282 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 26 Task 5 Assumptions: x Consultant has performed a cursory inspection of the existing buried structure at the Interconnect No 1 site, and it appears to be capable of continued service. Consultant will provide a structural engineer to inspect the structure and confirm the details of proposed modifications to repurpose it for the design. Consultant will design minor modifications only, including new pipe penetration reinforcement. Detailed calculations to review load carrying capacity are not included but can be provided as a Supplemental Service, if required. Consultant assumes that the existing structure is watertight. x Consultant’s design will not include cathodic protection at proposed connections. Consultant assumes that buried piping will be PVC and insulate existing pipelines owned by Denver Water and the City from the influence of the new, metallic features included in the interconnect designs. x Consultant will assess the need for new electrical service at each of the Interconnect locations and coordinate with the electric utility for this process using point of contact and billing information provided by the City. x Consultant’s design will include instrumentation and controls to transmit critical conditions and flow meter measurements to the City using a cellular antenna, but not integration of these signals into the City’s existing SCADA system. Integration of these signals will be required, and Consultant has assumed this will be performed by the City. Consultant can perform this task, if required, as a Supplemental Service. x Erosion and sediment control best management practices (BMPs) will be included in proposed civil/yard piping drawings by Consultant. x Waivers to WIFIA’s AIS and BABA requirements are not included in Consultant’s scope of services, but can be prepared as a Supplemental Service, if required. Task 6 – Supplemental Services An additional amount of $45,000 has been included for unanticipated scope changes or additional meeting requests, at the City’s discretion. Task 7 – Services During Construction Project management by Consultant is dependent on the duration of services during construction. Consultant has assumed that the duration of services during construction will be one (1) month long, to prepare record drawings. Record Drawings Consultant will prepare Record Drawings, based on as-built information, marked-up in construction drawings, by the Contractor and by approved technical submittals and RFIs provided by City. Consultant will develop Record Drawings, in CAD, in accordance with Denver Water CAD standards. General Assumptions Consultant’s estimate of engineering costs for the project is based on the elements included in task descriptions above, and the following assumptions: 1. Consultant will reasonably rely upon the completeness and accuracy of data and information provided by the City or others in completion of Consultant’s services. 2. At their discretion, City may independently scope, solicit, procure, and contract with a Page 283 of 310 ________________________________________________________________________________________________________ PSA-23-184 Page 27 Construction Manager/General Contractor (CMGC) to provide professional services to the City that may include the following: o Constructability reviews o Value engineering o Risk assessments o Feedback on costs o Assisting with third party coordination (utilities, landowners, etc.) 3. City will be responsible for coordinating with CMGC to provide a single source of design review comments to Consultant. 4. City will examine information submitted by Consultant and render in writing or otherwise provide decisions within two weeks. 5. City will give prompt notice to Consultant whenever City observes or becomes aware of any development that affects the scope or timing of Consultant’s services, or of any defect in the work of Consultant. 6. Consultant will provide the City with deliverables as defined respectively in this scope of services in accordance with the schedule and milestones stated herein. 7. Consultant will not provide cost estimating or bidding services, except as requested by the City as a Supplemental Service. 8. Consultant will provide record drawings; additional services during construction, including meeting attendance, technical submittal or RFI reviews will not be performed except as requested by the City as a Supplemental Service. 9. Deliverables will be distributed electronically via email (typically pdf format, PowerPoint format, Word format, or Excel format; and others as appropriate). 10. Meetings with the City are anticipated to be conducted virtually through MS Teams. In person meetings, when agreed upon, will be held at the City’s office in Englewood or at the Consultant’s Greenwood Village office. Schedule Based on a notice to proceed of January 8, 2024, design work is expected to be completed on or before August 16, 2024. Additional design milestone review times by City or project stakeholders will extend the completion date. All of Consultant’s services are assumed to be completed in 2024. Consultant is available to provide services beyond 2024, subject to wage escalations for merit and cost of living increases, typically 3.5% per year. Payment Compensation will be on a time and expense basis with labor billed at the rates shown in the Fee, and Rate Schedule.. The hourly billing rates include allowances for salary, benefits, overhead, and profit. Other expenses will include travel and surveying equipment costs, and geotechnical and potholing subconsultant fees. These fees have an additional 5% mark-up applied. A summary of the assumed level of effort and budgetary amount for the Consultant’s services is presented in the fee spreadsheet attachment. Budget will be managed at the project level and overruns/underruns at the task level may occur. The Consultant will not exceed the total budgetary amount without prior written approval from the City. Page 284 of 310 ID T a s k N a m e Du r a t i o n S t a r t F i n i s h P r e d e c e s s o r s S u c c e s s o r s 3 S e p ' 2 3 O c t ' 2 3 N o v ' 2 3 D e c ' 2 3 J a n ' 2 4 F e b ' 2 4 M a r '2 4 A p r ' 2 4 M a y ' 2 4 J u n ' 2 4 J u l ' 2 4 A u g ' 2 4 S e p ' 2 1 Ta s k 1 P r o j e c t M a n a g e m e n t 2 No t i c e t o P r o c e e d 3 Pr o j e c t I n i t i a t i o n & K i c k - o f f M e e t i n g 4 St a t u s & W o r k i n g M e e t i n g 5 De s i g n R e v i e w M e e t i n g # 1 6 De s i g n R e v i e w M e e t i n g # 2 7 De s i g n C o m p l e t e 15 6 d a y s 1d a y 10 d a y s 1d a y 1d a y 1d a y 0d a y s Mo n 1 / 8 / 2 4 Mo n 1 / 8 / 2 4 Tu e 1 / 9 / 2 4 We d 5 / 1 / 2 4 We d 2 / 2 8 / 2 4 Mo n 7 / 8 / 2 4 Fr i 8 / 1 6 / 2 4 Fr i 8 / 1 6 / 2 4 Mo n 1 / 8 / 2 4 Tu e 1 / 2 3 / 2 4 2 We d 5 / 1 / 2 4 2 4 We d 2 / 2 8 / 2 4 2 2 Mo n 7 / 8 / 2 4 2 6 Fr i 8 / 1 6 / 2 4 2 7 3, 2 1 9, 1 4 20 2 7 3 1 0 1 7 2 4 1 8 1 5 2 2 2 9 5 1 2 1 9 2 6 3 1 0 1 7 2 4 3 1 7 1 4 2 1 2 8 4 1 1 1 8 2 5 3 1 0 1 7 2 4 3 1 7 1 4 2 1 2 8 5 1 2 1 9 2 6 2 Ta s k 1 P r o j e c t M a n a g e m e n t 9 1 6 2 3 3 0 7 1 4 2 1 2 8 4 1 1 1 8 2 5 1 8 1 8/ 1 6 8/ 1 6 8 Ta s k 2 G e o s p a t i a l S e r i c e s 11 0 d a y s W e d 1 / 2 4 / 2 4 W e d 6 / 2 6 / 2 4 Ta s k 2 G e o s p a t i a l S e r i c e s 6 / 2 6 9 Su r v e y & S U E 10 Ut i l i t y P o t h o l i n g 11 Dr a f t E a s e m e n t 12 Fi n a l E a s e m e n t 20 d a y s 15 d a y s 5d a y s 5d a y s We d 1 / 2 4 / 2 4 We d 4 / 1 7 / 2 4 We d 4 / 1 7 / 2 4 Th u 6 / 2 0 / 2 4 Tu e 2 / 2 0 / 2 4 Tu e 5 / 7 / 2 4 Tu e 4 / 2 3 / 2 4 We d 6 / 2 6 / 2 4 3 23 23 11 , 2 5 23 , 1 7 25 12 27 13 Ta s k 3 E n v i r o n m e n t a l S e r v i c e s 10 0 d a y s W e d 1 / 2 4 / 2 4 W e d 6 / 1 2 / 2 4 Ta s k 3 E n v i r o n m e n t a l S e r v i c e s 6 / 1 2 14 Pr e p a r e & R e q u e s t N E P A C a t e g o r i a l E x c l u s i o n 15 EP A D e t e r m i n e C a t e g o r i c a l E x c l u s i o n E l i g i b i l i t y 40 d a y s 60 d a y s We d 1 / 2 4 / 2 4 We d 3 / 2 0 / 2 4 Tu e 3 / 1 9 / 2 4 31 5 We d 6 / 1 2 / 2 4 1 4 16 Ta s k 4 G e o t e c h n i c a l E x p l o r a t i o n s a n d R e c o m m e n d a t i o 5 5 d a y s We d 2 / 2 1 / 2 4 T u e 5 / 7 / 2 4 Ta s k 4 G e o t e c h n i c a l E x p l o r a t i o n s a n d R e c o m m e n d a t i o n s 5 / 7 17 Fi e l d E x p l o r a t i o n s 18 Dr a f t G e o t e c h n i c a l R e p o r t 19 Fi n a l G e o t e c h n i c a l R e p o r t 20 Ta s k 5 D e t a i l e d D e s i g n 21 30 % D e s i g n D e v e l o p m e n t 22 30 % D e s i g n R e v i e w 23 60 % D e s i g n D e v e l o p m e n t 24 60 % D e s i g n R e v i e w 25 90 % D e s i g n D e v e l o p m e n t 26 90 % D e s i g n R e v i e w 27 10 0 % D e s i g n D e v e l o p m e n t 15 d a y s 30 d a y s 10 d a y s 15 5 d a y s 25 d a y s 10 d a y s 35 d a y s 10 d a y s 30 d a y s 10 d a y s 30 d a y s We d 2 / 2 1 / 2 4 We d 3 / 1 3 / 2 4 We d 4 / 2 4 / 2 4 Tu e 1 / 9 / 2 4 Tu e 1 / 9 / 2 4 We d 2 / 1 4 / 2 4 We d 2 / 2 8 / 2 4 We d 4 / 1 7 / 2 4 We d 5 / 8 / 2 4 Th u 6 / 2 0 / 2 4 Mo n 7 / 8 / 2 4 Tu e 3 / 1 2 / 2 4 Tu e 4 / 2 3 / 2 4 Tu e 5 / 7 / 2 4 Fr i 8 / 1 6 / 2 4 Tu e 2 / 1 3 / 2 4 Tu e 2 / 2 7 / 2 4 Tu e 4 / 1 6 / 2 4 Tu e 4 / 3 0 / 2 4 We d 6 / 1 9 / 2 4 We d 7 / 3 / 2 4 Fr i 8 / 1 6 / 2 4 9 17 18 2 21 9, 2 2 23 10 , 2 4 , 1 8 25 12 , 2 6 , 1 9 F F 18 19 , 2 5 27 F F 22 5, 2 3 24 , 1 0 , 1 1 25 , 4 26 , 1 2 6, 2 7 7 Ta s k 5 D e t a i l e d D e s i g n 8 / 1 6 Page 285 of 310 Sc h e d u l e _ C i t y _ o f _ E n g l e w o o d _ I n t Th u 1 1 / 3 0 / 2 3 Ta s k Sp l i t Mi l e s t o n e Su m m a r y Pr o j e c t S u m m a r y In a c t i v e T a s k In a c t i v e M i l e s t o n e In a c t i v e S u m m a r y Ma n u a l T a s k Du r a t i o n - o n l y Ma n u a l S u m m a r y R o l l u p Ma n u a l S u m m a r y St a r t - o n l y Fi n i s h - o n l y Ex t e r n a l T a s k s Ex t e r n a l M i l e s t o n e De a d l i n e Pr o g r e s s Ma n u a l P r o g r e s s Pa g e 1 Page 286 of 310 Ci t y o f E n g l e w o o d I n t e r c o n n e c t s t o D e n v e r W a t e r , R e v 2 Pr i c e H o u r s H o u r s P e r P e r s o n 266 217 149 169 109 36 102 111 40 33 65 41 98 106 69 89 67 53 45 58 88 51 91 44 41 8 64 21 29 40 20 4 2 8 US D H r Senior Project Manager Staff Engineer 1 Engineering Technician 3 Designer 5 Designer 5 Senior Technologist Engineering Technician 3 Engineering Technician 3 Engineering Technician 3 Engineering Technician 3 Engineering Technician 3 Principal Technologist Engineering Technician 3 Engineering Technician 3 Engineer Specialist Project Engineer 1 Associate Engineer Senior Technologist Engineering Technician 3 Fellow Technologist Consultant 4 Party Chief Senior Party Chief Project Surveyor Utility Investigator Senior Party Chief Project Surveyor Project Surveyor Survey Technicial Associate Environ Prof Environmental Assistant GIS Technician 3 Environmental Principal Senior Hydraulic Modeler 46 4 , 5 3 3 2 , 4 3 4 Rick Fell Rachel Kempf Marta Brzezinka John Figueroa (Civil CAD) John Figueroa (Automation) Jeff Pitts Hubert Frysztak Julia Kordaszewska (Mech CAD) Julia Kordaszewska (HVAC CAD) Julia Kordaszewska (Plumb CAD) Julia Kordaszewska (Elec CAD) Travis Mcintosh Nikodem Praszalowicz Agnieszka Osak Scott Hoffman Brittany Faber Hassaan Idrees Dennis Thomas Wojciech Domagala Manika Gupta Kathleen Malin Armbrust, Derek Axe, Abram Guptill, Bob Heisen, David Misencik, Russ Olmsted, Jacob Silver, Ed Stone, Shelly Patricia Steinholtz Desi Martz Peter Barney Jeff Berna Ked Szana 223 119 129 150 150 223 129 129 129 129 129 238 129 129 186 160 150 223 129 264 140 98 114 150 98 114 98 129 98 150 104 129 238 223 1 Pr o j e c t M a n a g e m e n t 25 , 0 5 7 13 4 1 1. 1 P r o j e c t K i c k - o f f M e e t i n g 2, 2 3 0 1 0 5 5 1 1. 2 P r o j e c t M a n a g e m e n t P l a n 10 , 3 9 5 6 2 15 47 1 1. 3 S t a t u s a n d W o r k i n g M e e t i n g 1, 8 7 6 1 0 2 2 2 2 2 1 1. 4 D e s i g n R e v i e w M e e t i n g s 2, 6 7 6 1 2 6 6 1 1. 5 D e s i g n - P h a s e M o n t h l y P r o g r e s s R e p o r t i n g a n d I n v o i c e s 7, 0 9 2 3 6 27 9 1 1. 6 C o n s t r u c t i o n - P h a s e M o n t h l y P r o g r e s s R e p o r t i n g a n d I n v o i c e s 78 8 4 3 1 2 Ge o s p a t i a l S e r v i c e s 64 , 3 7 6 34 3 2 F Fi e l d L a b o r 20 , 3 0 2 19 1 2 F C o o r d i n a t i o n / M a n a g e m e n t / M e e t i n g s 1, 2 2 2 1 1 1 1 1 8 2 F S u r v e y C o n t r o l 3, 2 6 0 3 0 10 20 2 F T o p o g r a p h i c S u r v e y 5, 3 8 0 5 0 20 30 2 F S U E L o c a t e s , S u r v e y & I n v e r t s 7, 1 8 0 7 0 10 20 40 2 F P o t h o l e S t a k i n g a n d S u r v e y 2, 1 2 0 2 0 10 10 2 F B o u n d a r y S u r v e y 1, 1 4 0 1 0 10 2 O Of f i c e L a b o r 17 , 5 6 5 15 2 2 O C o o r d i n a t i o n / M a n a g e m e n t / M e e t i n g s 4, 2 0 0 2 8 28 2 O S u r v e y C o n t r o l P r o c e s s i n g & C o n t r o l D i a g r a m 2, 8 2 8 2 4 2 12 10 2 O S U E R e s e a r c h & R e p o r t 1, 1 7 6 1 2 12 2 O T o p o g r a p h i c & S U E D a t a R e d u c t i o n 4, 2 2 0 4 2 2 40 2 O P o t h o l e T a b l e 78 4 8 8 2 O R i g h t o f E n t r y 69 2 6 2 4 2 O B o u n d a r y S u r v e y , E a s e m e n t D e s c r i p t i o n a n d E x h i b i t 2, 4 1 5 2 2 2 10 5 5 2 OQ A / Q C 1, 2 5 0 1 0 4 2 2 2 2 EX P E x p e n s e s 8, 3 7 5 2 EX P S u r v e y T r u c k 1, 8 0 0 2 EX P G P S R e c e i v e r 4, 5 0 0 2 EX P T o t a l S t a t i o n 97 5 2 EX P D i g i t a l L e v e l 60 2 EX P R F E M I L o c a t e s 24 0 2 EX P H a n d S c a n n e r 80 0 2 SU B S u b c o n t r a c t o r 18 , 1 3 4 2 SU B P o t h o l i n g I n t e r c o n n e c t 1 ( C o l o r a d o U t i l i t y F i n d e r s ) 8, 7 8 9 2 SU B P o t h o l i n g I n t e r c o n n e c t 2 ( C o l o r a d o U t i l i t y F i n d e r s ) 8, 2 9 5 2 SU B T i t l e W o r k ( H C P e c k ) 1, 0 5 0 Page 287 of 310 Pr i c e H o u r s Ho u r s P e r P e r s o n Ci t y o f E n g l e w o o d I n t e r c o n n e c t s t o D e n v e r W a t e r , R e v 2 US D H r 46 4 , 5 3 3 2 , 4 3 4 334444555556677 En v i r o n m e n t a l S e r v i c e s En v i r o n m e n t a l S e r v i c e s Ge o t e c h n i c a l E x p l o r a t i o n s a n d R e c o m m e n d a t i o n s Sh a n n o n & W i l s o n G e o t e c h n i c a l S u b c o n s u l t a n t A g r e e m e n t Ja c o b s Q C Ja c o b s S u r v e y G e o t e c h n i c a l B o r i n g s De t a i l e d D e s i g n De s i g n D e v e l o p m e n t De s i g n D e v e l o p m e n t De s i gn D e v e l o pme n t 9, 0 7 2 9, 0 7 2 27 , 1 9 2 25 , 6 2 0 71 4 85 8 28 4 , 3 4 8 50 , 6 5 1 91 , 1 6 3 99 , 0 7 6 43 , 4 5 8 45 , 0 0 0 45 , 0 0 0 9, 4 8 8 9 4 8 8 66669 40 20 4 2 36 1, 8 1 4 32 1 58 2 63 2 27 9 3 4 2 30 % 60 % 90 % 30598035 30587633 27415427 27415427 621296 510104 24382214 24381914 612166 510135 10133210 1410104 14382814 14382814 11222610 23253011 10133210 111897 111897 1020208 9313513 8 10 0 % D e s i g n D e v e l o p m e n t Su p p l e m e n t a l S e r v i c e s Su p p l e m e n t a l S e r v i c e s Se r v i c e s D u r i n g C o n s t r u c t i o n Re c o r d D r a w i n gs 6868 48 2 0 4 1 6 4 1 2 Page 288 of 310 Denver Water Interconnects Final Design Presented By Englewood Utilities and South Platte Renew Director, Pieter Van Ry Pa g e 2 8 9 o f 3 1 0 Background •Previous interconnects abandoned •Two interconnection points •Supplies 100% of Englewood water demand in case of emergency •First reading of IGA with Denver Water approved by Council on December 18, 2023 Pa g e 2 9 0 o f 3 1 0 Denver Water Interconnections Design •Jacobs performed conceptual design •Recommend PSA with Jacobs: •Familiarity with Denver Water requirements •Team continuity •Challenges and timing •Contract not to exceed $464,533 •Water and Sewer Board recommended City Council approval during its December 12, 2023 meeting. Pa g e 2 9 1 o f 3 1 0 Questions? Pa g e 2 9 2 o f 3 1 0 Thank you Pa g e 2 9 3 o f 3 1 0 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: January 8, 2024 SUBJECT: Transfer of Opioid Litigation Settlement Funds to Arapahoe County Region DESCRIPTION: City Council previously accepted its opioid settlement funds rather than transferring to the Regional efforts, to determine how the Region intended to expend the funds. Because the opioid crises is a regional issue, and the Arapahoe County region's plan will benefit the citizens of Englewood, City Council must consider whether to transfer the City's settlement funds for use in region-wide opioid efforts. RECOMMENDATION: Staff recommends City Council Consider a Motion to Transfer Current and Future Opioid Litigation Settlement Funds to Arapahoe County Region. PREVIOUS COUNCIL ACTION: November 1, 2021: City Council adopted Resolution 39, Series of 2021, approving execution of an MOU approving acceptance of a Colorado-wide settlement for opioid litigation and specifically approving receipt of settlement funds from several defendants. June 20, 2022: City Council adopted on second reading Ordinance No. 29, approving an Intergovernmental Agreement creating the Arapahoe County Regional Council, to allow the Region to receive and expend an estimated $25,937,040 of settlement funds. June 27, 2022: City Council authorized Mayor Sierra to work with the Cities of Sheridan and Littleton to appoint the tri-cities voting and alternate voting representatives to the Arapahoe County Regional Council. (The cities jointly agreed to appoint Littleton Mayor Gretchen Rydin as the voting member; and Englewood Mayor Pro Tem Steven Ward to serve as the alternate voting member.) August 22, 2022: City Council received a study session presentation on authorized uses of Englewood’s share of opioid settlement funds, including an option to transfer its funds to the Arapahoe County Regional Council. March 20, 2023: City Council approves the second round of opioid settlements via Motion, with Teva Pharmaceutical Industries Ltd. and Allergan Finance, LLC/Allergan Limited, as well as with Walmart Inc., CVS Health Corporation/CVS Pharmacy, Inc., and Walgreen Co. SUMMARY: The Colorado Opioids Settlement Memorandum of Understanding (“Colorado MOU”) previously approved by Resolution 39, Series of 2021, memorializes the agreement between the Colorado Attorney General and representatives of local government. Page 294 of 310 Allocation of Settlement Funds The Colorado MOU provides the framework for dividing and sharing settlement proceeds among the state and local governments in Colorado. Under the Colorado MOU, settlement proceeds will be distributed as follows: 1. 10% directly to the State (“State Share”) 2. 20% directly to Participating Local Governments (“LG Share”) 3. 60% directly to Regions (“Regional Share”) 4. 10% to specific abatement infrastructure projects (“Statewide Infrastructure Share”) The City also has approved settlements with multiple defendants in the opioid litigation, and is projected to receive approximately $697,000 over multiple years, that can be expended only on projects specifically designed to combat the opioid crises. The City had the option of forwarding its settlement funds to the Arapahoe County, or directly accepting payment of settlement funds. When City Council first considered how to proceed, Council Members discussed whether City staff may identify approved projects for use of the funds, and expressed an uncertainty as to whether the regional council would expend settlement funds in such a way to ensure the citizens of Englewood receive significant benefit. The City decided to accept the funds and hold them, pending a plan for use of settlement funds by the Arapahoe County region. Council Member Steve Ward was the City's designated representative to the Arapahoe County region, and has played an active role in identifying projects that provide a significant county- wide benefit, and more specifically, ensuring significant benefit to the citizens of Englewood impacted by the opioid crises. Council Member Ward is satisfied that combining Englewood's funds with those of Arapahoe County and other cities within the county will maximize the regional projects to combat the effects of opioids within Englewood. In addition, transferring the funds to the region will eliminate the City's administrative burden of identifying compliant projects, tracking line-item fund usage, and required reporting to the state. City Attorney Tamara Niles consulted with City leadership staff to determine if they identified opioid-related projects for the settlement funds, and no one expressed interest in moving forward with city-specific projects. City leadership staff has no objection to transferring the City's current and future settlement funds to the Arapahoe County region. COUNCIL ACTION REQUESTED: Consider a Motion to Transfer Current and Future Opioid Litigation Settlement Funds to Arapahoe County Region. FINANCIAL IMPLICATIONS: The City is projected to receive approximately $697,000 over multiple years, that can be expended only on projects specifically designed to combat the opioid crises. Transferring such settlement funds to the Arapahoe County Region means the funds will still be expended in Arapahoe County, but will be held, expended, and reported by the region instead of the City of Englewood. ATTACHMENTS: Arapahoe County Region Expenditures Arapahoe County Region Opioid Powerpoint Page 295 of 310 Region 9 Opioid Abatement Council |Year One Spending Plan (Year One Funding Total:$3,805,06.34) Below is a summary of the proposed programs the Region 9 Opioid Abatement Council will fund with the first two years of settlement dollars.The details of each program including the executing organization, implementation methods,and regional equity concerns will be determined through a formal Request for Proposal process.Through this process,the Council will develop,evaluate and select winning proposals to execute the work in Arapahoe County. For the purpose of submitting this plan to the Colorado Opioid Abatement Council (COAC)for approval, the following offers a summary of the proposed program and associated year one funding request,as well as the category it will be included in when entered into the Colorado Opioid Settlement Tracker (COST). Detox/Residential:YR 1 TOTAL =$1,270,708.61 To include detox and residential treatment for people with severe and active opioid use disorders (OUD) and other substance use disorders (SUDs).Highest need in the southern portion of our region. ●COST LABEL:Treatment →People in Treatment and Recovery →Recovery Services General Sober Living/Transitional Safety Zones:YR 1 TOTAL =$192,018.19 To include safe housing and supportive,structured living conditions for people with OUD and other SUDs exiting detox,residential treatment,or other transitionary periods.In addition to longer term sober living,the program will provide temporary safe spaces that diversion programs can use to give individuals a safer transition space when transitioning from one step in their treatment and recovery to the next. ●COST LABEL:Treatment →People in Treatment and Recovery →Recovery Services General Full SUD Service Walk-in Center:YR 1 TOTAL =$508,283.44 A one stop shop for people experiencing opioid and other substance use related issues where clients can be assessed,treated,and provided follow up support all in one place. ●COST LABEL:Treatment →People in Treatment and Recovery →Recovery Services General Peer Navigator:YR 1 TOTAL =$247,082.23 Page 296 of 310 Funding to support hiring,training and retention of Peer Navigators,Recovery Coaches,and/or Peer Support/Recovery Specialists who are people who have been successful in their own recovery who help others experiencing similar situations.Highest need for peer support among youth populations. ●COST LABEL:Treatment →People in Treatment and Recovery →Recovery Services General Harm Reduction:YR 1 TOTAL =$184,958.70 To include harm reduction based supplies,staffing,space,and the full range of harm reduction and treatment services provided by these programs.Heavy focus on staff support and supplies like fentanyl testing strips and naloxone. ●COST LABEL:Prevention →Overdose Deaths and Other Harms →New Category:General Harm Reduction Services Co-Responders:YR 1 TOTAL =$347,153.09 Program will provide a collaborative approach to behavioral crisis response that seeks to reduce harm and facilitate alternatives to arrest by providing police-mental health professional co-response to calls for service involving persons in crisis.Funding will be used to expand existing co-response programs in the region including the Behavioral Health Response Program and the Crisis Intervention Team (CIT). ●COST LABEL:Additional Areas →First Responders →New Category:Expanding co-response programming Student Leadership Program:YR 1 TOTAL =$681,946.95 Program will support middle and high school students who are experiencing adversity at home,school,or the surrounding community.Students will learn about a variety of topics potentially including but not limited to leadership development,drug prevention education,violence prevention,mental health awareness,and civic engagement.Funding will be used to expand the existing student leadership program in the Cherry Creek School District to the other districts in Region 9. ●COST LABEL:Prevention →Misuse of Opioids →School and Community Education Programs and Campaigns Page 297 of 310 Regional 9 Opioid Abatement Council The Problem The Council The Council’s Progress Why We Are Here Source: CDPHE Pa g e 2 9 8 o f 3 1 0 The Problem: Opioid Crisis is Intensified by Fentanyl Pa g e 2 9 9 o f 3 1 0 The Problem: Arapahoe County Overdose Deaths are Increasing “I would say that fentanyl overdoses have exploded,” “If not daily, every other day we’re dealing with something related to an overdose.” Englewood Police Sgt. Brian Cousineau Source: (RMPBS 07-24-22) Pa g e 3 0 0 o f 3 1 0 Council: Background Statewide •Established joint framework to share with regions •Settlement funds to approved purposes: •Prevention •Harm reduction •Treatment, Recovery •Arapahoe County •Convener and fiscal agent for Region 9 •12 out of 13 municipalities have signed onto the MOU •Deer Trail did not •Arapahoe County IGA outlines the composition and membership of the Council •Contractor (The Steadman Group) facilitates meetings and assists with development of plan Pa g e 3 0 1 o f 3 1 0 Background -Funding Formula Pa g e 3 0 2 o f 3 1 0 Pa g e 3 0 3 o f 3 1 0 Council Work -Completed Set the stage –Roles, expectations, logistics Defined the 5 allowable spend categories: Prevention, Treatment, Recovery, Criminal Justice, Harm Reduction Reviewed existing resources/strengths, gaps, local data, ROIs, evidence-based strategies Generated and prioritized spend strategies Allocated funds to prioritized strategies Scope of Works developed for each funded strategy Pa g e 3 0 4 o f 3 1 0 Funding to the Prioritized Strategies Pa g e 3 0 5 o f 3 1 0 Council Work -Implementation and Sustainability •Implementing Selected Strategies •Council develops SOWs for each funded strategy •Approval by voting members •RFQ w/ all SOWs finalized and distributed by purchasing dept •Council evaluates and selects winning orgs •Rubric to rank submissions •Arapahoe County will distribute funds to selected orgs •Programming Begins (likely late spring) •Evaluating Programs •Attorney General provides guidance for accountability •Some annual reporting required •Program evaluation is part of the selection criteria for bidders Pa g e 3 0 6 o f 3 1 0 Example: Development of RFQ for Harm Reduction •What does harm reduction mean in practice? •How is it meaningful to individuals and communities? •What resources are already available in the region? •What are the gaps in the region? •What are aspects that increase accountability? •Ranked on: •Innovation, criteria in RFQ (IE: previous experience, program sustainability), proposed outcomes and how they will be measured Pa g e 3 0 7 o f 3 1 0 Why We Are Reaching Out to Localities Effectiveness of Effort •Resources are regional •Feet on the ground use regional resources •Community-aligned approach to address gaps •Evidence-informed solutions •Collaboration increases impact and accountability Efficiency Reduction of costs to locality •Administration by Arapahoe County •Open-meeting requirements •Submission of plan •Annual reporting to state •Legal compliance •Tracking of funds Pa g e 3 0 8 o f 3 1 0 Questions or Concerns Arapahoe County website https://www.arapahoegov.com/2290/Regional-Opioid-Abatement- Council Reach out with more questions: ACOpioidCouncil@arapahoegov.com Pa g e 3 0 9 o f 3 1 0 Pa g e 3 1 0 o f 3 1 0