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2024-08-19 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, August 19, 2024 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube 1. Study Session Topic a. Management Fellow Elizabeth Ramsey and Intern I Will Morris will be present to discuss potential changes to permitting and licensing requirements for special events and food vendors. 6:00 p.m. to 6:25 p.m. Information and Direction Presentation: 10 minutes Discussion: 15 minutes 1a documents b. City Attorney Tamara Niles will be present to discuss 2023 Bob's Rules of Order, a procedural guide for Colorado local government meetings. 6:25 p.m. to 7:00 p.m. Information and Direction Presentation: 10 minutes Discussion: 25 minutes 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 August 5, 2024. 5a 6. Appointments, Communications, Proclamations, and Recognition a. Recognition of Englewood resident, Kamryn Higgins, for an act of heroism. b. Recognition of Utilities staff for securing millions in grants and low-interest loans for Englewood’s lead service line program. 7. Recognition of Scheduled Public Comment Public Comment will begin shortly after 7:00 p.m. 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 Page 1 of 520 Englewood City Council Regular Agenda August 19, 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. 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. Regan Benson will address Council regarding City of Englewood. b. Leslie Levine will address Council regarding the proposed Hookah retail license draft ordinance. c. Chris Cordova will address Council regarding Englewood Police and the homeless. 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-35 Purchase of Nevada Ditch water rights 9ai documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Business Solutions and Engineering Sarah Stone ii. CB-36 Agreements and Easements for utility crossings and a relinquishment and grant of easement associated with the River Park and the Santa Fe Park properties 9aii documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Business Solutions and Engineering Sarah Stone b. Approval of Ordinances on Second Reading. Page 2 of 520 Englewood City Council Regular Agenda August 19, 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. i. CB-33 An eligible government entity agreement needs to be signed with the Colorado Statewide Internet Portal Authority (SIPA) in order to apply for a SIPA Grant 9bi documents Staff: Web & Digital Content Strategist Lucia Magnuson c. Resolutions and Motions i. Motion- Approval of the 2025 - 2026 Englewood Police Benefit Association Collective Bargaining Agreement 9ci documents Staff: Director of Human Resources Shawn Weiske ii. Motion- City staff seeking approval to apply for State of Colorado Division of Homeland Security & Emergency Management Hazard Mitigation Grant 9cii documents Staff: Director of Public Works Victor Rachael 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB-34 Intergovernmental Agreement for RTD Partnership Program Grant funding of improvements to Englewood shuttle services in 2024, 2025 and 2026, including new vehicle acquisitions. 11ai documents Staff: Chief Redevelopment Officer Dan Poremba b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Motion- Contract with MV Transportation, Inc. to provide operations, maintenance and support services for the Englewood shuttle pertaining to the expanded service hours and vehicle acquisitions to be funded by a three-year RTD Partnership Program grant in 2024, 2025 and 2026. 11ci documents Staff: Chief Redevelopment Officer Dan Poremba ii. Motion- Amendments to Council Policies, as directed by City Council at its March 11 study session and April 15 regular meeting 11cii documents Staff: City Attorney Tamara Niles 12. General Discussion a. Mayor's Choice i. Executive Session for discussion of a personnel matter under C.R.S. Section 24- Page 3 of 520 Englewood City Council Regular Agenda August 19, 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. 6-402(4)(f)(I) for the purpose of annual employment reviews of City Attorney and City Manager. b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 4 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Elizabeth Ramsey, Will Morris DEPARTMENT: City Manager's Office DATE: August 19, 2024 SUBJECT: Potential changes to permitting and licensing requirements for special events and food vendors DESCRIPTION: Council direction on proposed changes to permitting and licensing requirements for special events and food vendors RECOMMENDATION: Staff recommends that Council review the recommendations for improvements and determine which changes, if any, Council wishes to make to the existing code. PREVIOUS COUNCIL ACTION: Council adopts the Economic Development Strategic Plan ( November 7, 2022) Council approves modifications to the Strategic Plan, adding the project "Amend event and food truck permitting process" (March 13, 2023) Council approves modifications to the Strategic Plan, adding an expected delivery date of quarter 3 to the project "Amend event and food truck permitting process" (April 15, 2024) SUMMARY: Amending the event and food truck permitting process was identified as a short-range action item in the Economic Development Strategic Plan to address feedback from business owners and community members. It was later added to the Strategic Plan and assigned an expected delivery date of quarter three. A working group was assembled in April, 2024 with representatives from the City Manager's Office, PRLG, Community Development, City Clerk's Office, Finance, Public Works, Fire Marshal, and Information Technology. The primary goal of this group was to conduct a review of both event permitting and food vendor licensing processes. After a thorough review of best practices from other cities and internal needs, staff identified internal process improvements that could be made and developed recommendations to update Englewood Municipal Code. If directed by Council after this Study Session, staff will bring forward an ordinance with changes, if any, that Council wishes to make to Englewood Municipal Code. ANALYSIS: Special Events Page 5 of 520 Special events are defined under Englewood Municipal Code (EMC) 5-20-1 as " An activity or occurrence open to the public for which an admission fee may or may not be charged that does not occur on a regular basis." Internal Challenges The working group identified the following challenges for administering a special event permit efficiently: Lack of Centralization: There are multiple duplicated processes throughout several departments (listed below) originating from past organizational miscommunications and department-specific needs, now causing a high administrative burden. o Finance - Special Event License o Community Development - Temporary Use Permit (required for a special event) o Community Development - Special Event Permit (recently discontinued, but applications are still being submitted) o PRLG - Special Events in Parks Permit o PRLG - Special Event Application (for vendors to participate) o Public Works - Parade/Special Event/Block Party/ROW Permit Definition of Special Events: The conditions an event has to meet to constitute a special event, such as number of participants, circumstances, or location, is unclear, making it difficult for staff to have a common standard to evaluate submitted applications. Confusion and Frustrations: The roles of different departments and required approvals for each process lead to confusion and frustration among staff. In the past this has led to conflicting information being provided to the community, delays in administering permits, and unwarranted amounts of staff time consumed. Community Challenges The working group further identified challenges that they have witnessed or heard from community members working through the process of obtaining a special event license or permit. Lack of Centralization: There is no one location that the special event licensing and permitting is available. There are numerous administrative processes and use of multiple software systems is confusing for community members, which causes miscommunication, delays, and frustration. When Permits are Needed: The vague definition in code has made it difficult for community members to interpret when a permit is needed. If they decide they should apply for one, the range of available options makes it difficult for them to determine the exact license or permit required. Conflicting Information: Community members have been provided varying information depending on which department they contact with questions Administrative Burden and Frustrations: The complex current system is particularly problematic for small event organizers or businesses who may lack the time and resources to work through the unclear process of securing a special event license, and have expressed their frustrations to staff. Opportunities for Improvement and Recommended Modifications Staff has identified several key opportunities for improving licensing/permitting of special events. The recommendations for updating EMC 5-20-1 to refine the definition of a "special event" are intended to enhance clarity for all parties involved, making it easier for staff to administer and for the community to understand when a permit is needed. Page 6 of 520 Recommendation A special event should be defined as an event that meets one or more of the following conditions: Recommended Condition Justification Type of Change Estimated attendance exceeds 50 people in a public setting that significantly deviates from the existing land use. Requires full or partial closure of public streets and sidewalks or otherwise obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic. Provides clear guidance to determine when a permit is needed Code Change Occurs on or impacts City-owned property, including parks, indoor facilities, and public right-of-way. Clearly defines locations that would necessitate a permit Code Change Will have outside vendors or activities present, including food vendors or other temporary structures. Allows staff to ensure participating vendors are properly licensed Code Change Requires a state-issued or city-issued special event liquor license or extension of premises, typically when selling or serving alcohol. Provides clear guidance to determine when a permit is needed Code Change Utilizes multiple city services above and beyond those routinely provided. Ensures appropriate resources are available Code Change Anticipated Benefits of Changes Clear Guidelines: Eliminating the various interpretations that are a source of frustration for staff and community members. Remove Duplication: Eliminating crossovers and duplication, saving staff and community members' time. Reduction of Administrative Burden: Reduces the administrative burden for the community and saves staff time. Centralization: Centralized application process with singular process will reduce confusions and frustrations. Food Vendor License Englewood Municipal Code 5-4-2 and International Fire Code 105.5.96 outline the primary requirements for obtaining a food vendor license, listed below. Cost $125 Annual Fee When License is Required If operating "on any street, sidewalk, alley, or other public place including parks" Certificate of Insurance Required ($1,000,000) Tri-County Health Department Inspection Required Sales and Use Tax License Required Site Map & Permission Required Fire Inspection/Permit Required if cooking or preparing food on site with Page 7 of 520 grills, generators or anything using electricity The food vendor sub-committee in the working group identified the following challenges as frequent barriers to efficiently administering a food vendor license. Internal Challenges Duplicated Process: There are currently two separate licensing and permitting processes being administered (listed below). Due to slightly varying requirements, vendors have to complete both processes if they want to be able to vend at City- organized events and anywhere else in the City, which duplicates staff time. o PRLG - Special Event Application (for City-organized events) o Finance - Food Vendor License (for any other events or to vend at a public location in the City) Unlicensed Food Vendors: There is a challenge of food vendors operating without the proper license. This poses a risk to public health and safety, as well as the vendor's ability to properly remit sales and use taxes. Public Place Requirement: As written, licensing is only required for food vendors operating in public spaces. This means that food vendors are able to operate on private property without having to provide evidence of a health inspection or other requirements crucial to maintaining public health and safety. Community Challenges Duplication of Process: Submitting similar materials twice for licensing places an administrative burden on often small businesses who may have limited capacity or resources. Cost of License: Food vendors often cite the cost of obtaining a license as a deterrent for their compliance, which includes the high cost of insurance. Lack of Clarity: Confusion over which licenses they need results in frustration, delays in licensing, and occasionally non-compliance. Opportunities for Improvement and Recommended Modifications Staff has identified several key opportunities for improving the permit and license process for food vendors. The recommended modifications are intended to improve business climate and reduce administrative burden, while also ensuring public health and safety standards are upheld. License Component Current Requirement Recommended Modification Justification Type of Change Cost $125 Annual Fee No Change* No Change No Change When Licensing is Required If operating "on any street, sidewalk, alley, or other public place including parks" If operating in the City of Englewood Creates a city-wide standard to prioritize public health and safety, while also providing guidance and reducing confusion for staff and business owners Code Change Certificate of Required Required ($250,000) Reduce cost for Code Page 8 of 520 Insurance ($1,000,000) food vendor Change Health Department Inspection Tri-County Health Department inspection required Arapahoe County Health Department inspection required, unless completed by other counties that conform to similar state health regulations Brings code up to date with current inspection authority and provides flexibility Code Change Site Map & Permission Required Required unless it is a City-organized event Reduces administrative burden for food vendors Code Change Fire Inspection/Permit Required if cooking or preparing food on site with grills, generators or anything using electricity Required, but inspection can be completed by participating member of Fire Marshals Association of Colorado (FMAC) Provides flexibility to complete inspection from alternative authorities that use the same standards Code Change *Note:Staff may request Council approval to lower or waive the annual licensing fee in the future to reduce burden on small businesses. Anticipated Benefits of Changes Eliminate Duplication: Save staff time and reduce administrative burden on small businesses Reduced Cost: Reduction of amount for certificate of insurance will lower costs Improved Business Climate: Providing flexibility for health and fire inspections will allow businesses to potentially use an already-completed inspection, making Englewood a more attractive location to conduct business Increased Compliance: Simplifying the process may decrease the number of non- licensed food vendors Administrative Process Improvements Additional administrative process improvement is in progress, including consolidating various permits and software systems into a singular application, automating the workflow of approvals, creating online resources, and planning community outreach to inform community members of relevant changes. COUNCIL ACTION REQUESTED: Staff requests that Council review the recommendations for improvement provided by staff and determine which changes, if any, Council wishes to make to the existing code regarding permitting and licensing requirements for special events and food vendors. These may include: Altering the definition of a special event Changing requirements to obtain a food vendor license FINANCIAL IMPLICATIONS: Page 9 of 520 The proposed recommendations are expected to save staff time and resources, however there is no direct financial impact to the recommended action. CONNECTION TO STRATEGIC PLAN: Outcome: Economy Goal: Business Climate Project: Amend event and food truck permitting process OUTREACH/COMMUNICATIONS: Any future changes made to the City's licensing and permitting process for food vendors and special events would be communicated by the Communications Department to proactively inform the community of changes. It would also be communicated by those administering relevant licenses and permits to those submitting an application. ATTACHMENTS: Presentation - Aug 19 Study Session Page 10 of 520 Special Event Permits and Food Vendor Licenses Presented by: Liz Ramsey, Management Fellow Will Morris, CMO Intern Pa g e 1 1 o f 5 2 0 •Review the recommendations for improvement and discuss which changes, if any, Council wishes to make to the existing code regarding permitting and licensing requirements for special events and food vendors. These may include: •Altering the definition of a special event •Changing the requirements to obtain a food vendor license Request for Council Pa g e 1 2 o f 5 2 0 •Identified as an issue •Strategic Plan Key Project (pg. 33) & Economic Development Strategic Plan (pg. 54) •"Amend event and food truck permitting process" •Previous working group last few months of 2023, focusing on food vendor licensing •New working group began meeting in April 2024 mainly focusing on special event permitting Background Pa g e 1 3 o f 5 2 0 •2024 Working Group •City Manager's Office •Parks, Recreation, Library, & Golf •Community Development •City Clerk's Office •Finance •Public Works •Fire Marshal •Information Technology Background Pa g e 1 4 o f 5 2 0 Goals •Identify barriers and challenges (both internal and external) with the current system of licensing and permitting for special events and food vendors •Identify if any code changes were needed to improve clarity •Recommend modifications if needed •Identify duplication in various processes/approvals •Streamline the administrative process to remove duplications and confusion Background Pa g e 1 5 o f 5 2 0 Timeline Council to consider code changes in an ordinance January 1, 2025: Any Council-approved code changes go into effect, new administrative process launches Council Study Session Administrative changes: Creation of singular application and automated workflow Working group develops recommendations for improvements Community engagement and outreach to advertise changes Pa g e 1 6 o f 5 2 0 Identified Internal Challenges •Duplicated processes causing high administrative burden •Confusion over roles and required approvals •Confusion over the definition of a "special event" •Lack of centralization - numerous software systems are used, leading to communication challenges and increased staff time needed Pa g e 1 7 o f 5 2 0 •Confusion if a permit/license is needed (and if so,which one) •Confusion over the definition of a "special event" •Numerous software systems used, leading to communication challenges, manual processes, and frustration among customers •Being provided conflicting information •High administrative burden for individuals and small businesses with a lack of time and/or resources Identified Community Challenges Pa g e 1 8 o f 5 2 0 •Confusion over what is considered a "special event" and the multiple applications/processes that exist •Confusion over the requirements for a Food Vendor License and duplicated processes •Large administrative burden on community members •Duplicated staff work Common Themes Pa g e 1 9 o f 5 2 0 Staff Recommendations: Special Events Definition Recommended Condition Justification Type of Change Estimated attendance exceeds 50 people in a public setting that significantly deviates from the existing land use.Provides clear guidance to determine when a permit is needed Code ChangeRequires full or partial closure of public streets and sidewalks or otherwise obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic. A special event should be defined as an event that meets one or more of the following conditions: Current Definition (Title 5, Ch. 20)of a “Special Event”: "An activity or occurrence open to the public for which an admission fee may or may not be charged that does not occur on a regular basis." Recommendation: Pa g e 2 0 o f 5 2 0 Staff Recommendations: Special Events Definition Recommended Condition Justification Type of Change Occurs on or impacts City-owned property, including parks, indoor facilities, and public right-of-way. Clearly defines locations that would necessitate a permit Code Change Will have outside vendors or activities present, including food vendors or other temporary structures. Allows staff to ensure participating vendors are properly licensed Code Change Requires a state-issued or city-issued special event liquor license or extension of premises, typically when selling or serving alcohol. Provides clear guidance to determine when a permit is needed Code Change Utilizes multiple city services above and beyond those routinely provided. Ensures appropriate resources are available Code Change Pa g e 2 1 o f 5 2 0 Anticipated Impacts and Benefits •Clear Guidelines: Eliminating the various interpretations that are a source of frustration for staff and community members. • •Remove Duplication: Eliminating crossovers and duplication, saving staff and community members' time. • •Reduction of Administrative Burden: Reduces the administrative burden for the community and saves staff time. • •Centralization: Centralized application process with singular process will reduce confusion, frustration, and save time Pa g e 2 2 o f 5 2 0 •Current Requirements •Englewood Municipal Code 5-4-2: - License Required."It shall be unlawful for a food vendor to engage in the business of selling, offering for sale, peddling or distributing food or ice cream products from vehicles or stands on any street, sidewalk, alley, or other public place including parks, prior to obtaining a license." •International Fire Code 105.5.96: "Mobile food vending—fuels, generators, hood extinguishing systems, etc. A permit is required for a mobile food vending operation." Current Requirements: Food Vendors Pa g e 2 3 o f 5 2 0 Staff Recommendation: Food Vendors Component Current Requirement Recommendation Justification Type of Change Cost*$125 Annually $125 Annual Fee*No Change No Change When Licensing is Required If operating "on any street, sidewalk, alley, or other public place including parks" If operating in the City of Englewood Creates a city-wide standard to prioritize public health and safety, while also providing guidance for licensing that reduces confusion for staff and business owners Code Change Certificate of Insurance Required ($1,000,000) Required ($250,000) Reduces the cost of certificate of insurance Code Change *Staff may request Council approval to lower or waive this fee in the future to reduce burden on small businesses Pa g e 2 4 o f 5 2 0 Staff Recommendation: Food Vendors Component Current Requirement Recommendation Justification Type of Change Sales and Use Tax License Required Required No Change No Change Tri-County Health Department Inspection Required Arapahoe County Health Department Inspection (agencies that conform to state health regulations) Brings code up to date with current inspection authority and provides flexibility while ensuring public health and safety Code Change Pa g e 2 5 o f 5 2 0 Staff Recommendation: Food Vendors Component Current Requirement Recommendation Justification Type of Change Site Map & Permission Required Required unless it is a city-organized event Reduces administrative burden for food vendors Code Change Fire Inspection Required if cooking or preparing food on site with grills,generators or anything using electricity Required by participati ng member of Fire Marshals Association of Colorado (FMAC) Provides flexibility to complete inspection from alternative authorities that use the same standards Code Change Pa g e 2 6 o f 5 2 0 Anticipated Impacts and Benefits •Eliminate Duplication: Save staff and business owner time •Reduced Cost: Reduction in certificate of insurance requirement •Improved Business Climate: Providing flexibility for health inspection and fire inspection allows businesses to potentially use an already-completed inspection, making Englewood a more attractive place to conduct business. •Increased Compliance: Making the process easier for vendors may increase the number of licensed vendors in the City Pa g e 2 7 o f 5 2 0 •Streamline processes •Streamlining all processes into one singular application with automated workflow for approval,ensuring the process is simple and easy for the community and staff to follow •External communication with businesses to ensure compliance •Pamphlets and informational developed by Communications team •Outlining specific regulations and requirements for food vendors and special events •Develop landing page on city website, walking businesses through the process, with specific forms needed to fill out •Opportunities and spaces for the community to contact city to ensure understanding •Align current administrative processes •Compliance with city attorney, code enforcement, finance, and parks to ensure all food vendors and special event holders are properly licensed according to code Administrative Steps Pa g e 2 8 o f 5 2 0 •Evaluating recommendations for potentially waiving Food Vendor Licensing fees •Intent: Create a more friendly environment for small business •Evaluating requirements in Title 16 (Planning & Zoning) for temporary use permits for food vendors and special events •Intent: Potentially remove further duplication of permits/licenses needed Potential Additional Steps Pa g e 2 9 o f 5 2 0 Questions/Discussion Pa g e 3 0 o f 5 2 0 STUDY SESSION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: August 19, 2024 SUBJECT: Presentation on 2023 Bob's Rules of Order, a procedural guide for Colorado local government meetings DESCRIPTION: Colorado Municipal League has published an updated Bob's Rules of Order, providing rules of procedure for Colorado cities. This presentation discusses the updated manual, to determine if Council wishes to adopt it by reference in Municipal Code for use in Englewood. RECOMMENDATION: Consider presentation on 2023 Bob's Rules of Order, and provide direction to the City Attorney's Office PREVIOUS COUNCIL ACTION: April 2, 2018: City Council adopts Ordinance No. 5, Series of 2018 adopting 2013 version of Bob's Rules of Order, as amended June 24, 2024: This matter was scheduled for City Council Study Session, but because budget discussion was longer than anticipated, it was moved to July 22, 2024 July 22, 2024: City Attorney Jaxon Higgins presented at City Council Study Session, and City Council requested a second study session to provide examples and clarity on proposed municipal code changes SUMMARY: In 2018, the City of Englewood adopted by reference the 2013 Bob's Rules of Order (with amendments) to establish simplified rules of procedure for Colorado municipality public meetings. Bob's Rules of Order were updated and expanded, and a new rules of procedure book published. This study session presentation reviews the new manual, to seek input by City Council as to whether it wishes to adopt the updated rules of procedure; and if so, to also provide guidance on any current amendments to rules of order specific to Englewood. The book "Bob's Rules of Order for Colorado Local Governments", 2023 edition, has been distributed to each member of City Council. Should City Council indicate it wishes to adopt the updated Bob's Rules of Order, the City Attorney's Office will bring a proposed ordinance amending Englewood Municipal Court to a future City Council meeting. Page 31 of 520 COUNCIL ACTION REQUESTED: Provide direction to the City Attorney's Office to determine if City Council wishes to consider an Ordinance amending Municipal Code (a) to incorporate by reference the 2023 Bob's Rules of Order, and (b) any amendments to said Bob's Rules and current Municipal Code. FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Powerpoint July 15, 2024 Powerpoint Page 32 of 520 2023 Bobs Rules of Order Follow up presentation Presented By Tamara Niles, City Attorney Pa g e 3 3 o f 5 2 0 Background •July 15, 2024: CAO presents on 2023 Bob’s Rules of Order •City Council members requested: •A second presentation on a study session night with a full Council for more discussion with examples •More information on changes to Municipal Code •Whether can publish entire Bob’s rules on website •Discussed with CML and cannot publish entire Bob’s Rules book on website BUT can: •Make copies available for public inspection AND •Publish a “cheat sheet”fast reference of procedural rules Pa g e 3 4 o f 5 2 0 Friendly Requests •Friendly Amendment •To be employed for minor amendment proposals, which will require little to no debate, and may be readily acceptable to all Members. •While in possession of the floor, a friendly amendment is proposed by stating, “I request a friendly amendment [insert specific proposed amendment]”. The Chairperson has the authority to approve the amendment after awaiting any objection. If one or more members has an objection, they may exclaim “objection” to close the friendly amendment to the floor, requiring the Body to resort to a formal motion to amend, or abandon the amendment. Pa g e 3 5 o f 5 2 0 Friendly Requests (cont.) •Friendly Withdrawal •To increase the efficiency of the meeting, a debatable motion may be withdrawn prior to being voted on •If a motion meets strong opposition during debate, and further discussion will clearly be pointless, or if a motion becomes irrelevant and the floor requires a new motion, the friendly withdrawal may be deployed. While in possession of the floor, a member may request the Body to consider a friendly withdrawal, the Chairperson will await an objection. Where an objection is absent, the withdrawal will be deemed friendly, and the debatable motion will be removed from the floor Pa g e 3 6 o f 5 2 0 The Floor (sec 4.0) •4.1 The Floor is required to address the Body •Turn on light,and Mayor recognizes the member Pa g e 3 7 o f 5 2 0 The Motion & Second (sec 5.0) •5.2 A motion shall propose an affirmative proposition in clear and understandable language that is limited to either a “yes” or a “no” vote •I move to approve agenda item 11a1. •5.6 The Presiding Officer shall offer the Moving Member the first opportunity to speak to a debatable motion Pa g e 3 8 o f 5 2 0 The Friendly Requests (sec 6.0) •6.1 A Friendly Amendment is authorized only for a debatable motion, and the amendment of the motion will be effective unless a Member objects •Should be made by anyone with the Floor, anticipating no objection •After hearing this discussion, I request a Friendly Amendment to increase the dollar amount by $1,000. •Mayor: Does anyone object to the Friendly Amendment? •If no objection, Mayor: Hearing no objection, the motion is amended as stated in the request for the Friendly Amendment •If objection, the Friendly Amendment fails but the person with the Floor can make a formal Motion to Amend, which requires a second, discussion, and a majority vote approval •6.2 A Friendly Withdrawal same process, when someone with the Floor realizes the motion won’t/shouldn’t pass as made and anticipates no objection Pa g e 3 9 o f 5 2 0 Points and Motions (sec 9.0) PRIVILEGED (Sec 10) Raise at Any Time Not required to have the floor No Second No Debate MAIN (Sec 14) Only when no other motion pending SUBORDINATE When a main is pending Must resolve prior to main vote Point of Order Principal Motion Motion to Amend (only 1 pending at a time) Point of Information Motion to Continue or Postpone (when no other main motion is pending) Motion to Continue or Postpone (when a main motion is pending) Point of Appeal Motion to Reconsider Motion to Close Debate Motion to Recess Motion to Adjourn Motion for Executive Session Pa g e 4 0 o f 5 2 0 Point of Order (sec 11.0) Type of Action Point of Order When in Order?At any time Floor Required?No Second Required?No Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?No Subject to Motion to Reconsider?No •Question compliance with rules of order; Presiding Officer resolves •“Point of Order.” Mayor recognizes, then: “That motion did not have a second” Pa g e 4 1 o f 5 2 0 Point of Information (sec 12.0) Type of Action Point of Information When in Order?At any time Floor Required?No Second Required?No Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?No Subject to Motion to Reconsider?No •Ask for and receive information on meeting process/conduct, clarification of a fact, or other pressing informational matter; Presiding Officer resolves •Point of Information. Mayor recognizes, then: I believe the Member misstated the dollar amount. Could staff clarify? Mayor then asks staff. Pa g e 4 2 o f 5 2 0 Point of Appeal (sec 13.0) Type of Action Point of Appeal When in Order?Immediately following a Presiding Officer’s decision Floor Required?No Second Required?No Debatable?No, but the Moving Member may make a brief statement of the reason for appeal. The Presiding Officer may briefly reply Subject to Motion to Amend? Friendly Amendment? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •Challenge Presiding Officer in applying rules of order or responding to Point •“Point of Appeal” When recognized, “I believe this motion requires a 2/3 vote” Pa g e 4 3 o f 5 2 0 Privileged: Motion to Recess (sec 20.0) Type of Action Privileged motion When in Order?Any time Floor Required?Yes Second Required?Yes Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •A Motion to Recess provides the Body with a temporary break in the meeting •I move to recess for 15 minutes; second; vote Pa g e 4 4 o f 5 2 0 Main Motion (sec 15.0) Type of Action Main motion When in Order?When no other motion is pending Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? Yes Yes Vote Required?Excluding several exceptions, a majority vote of the quorum Subject to Motion to Reconsider?Yes •A general proposition or a request that the Body take an action Pa g e 4 5 o f 5 2 0 Motion to Reconsider (sec 19.0) Type of Action Main motion When in Order?Only when: (1)No motion is pending before the Body; and (2)When made by a Member who voted on the prevailing side of the decision to be reconsidered; and (a)At the same meeting; or (b)At the next regular meeting Floor Required?Yes •Vacates a previous decision on a motion •Does not automatically reverse the prior decision; only that the body will bring back and reconsider the prior decision Pa g e 4 6 o f 5 2 0 Motion to Reconsider (sec 19.0 cont.) Type of Action Main motion Second Required?Yes, by any member present Debatable?Yes, but only as to the reasons to support the reconsideration. No debate of the original decision is allowed. Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Two-thirds (2/3) of the quorum Pa g e 4 7 o f 5 2 0 Motion to Adjourn (sec 21.0) Type of Action Main motion When in Order?When no motion is pending before the body Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •Formally terminate the meeting by vote Pa g e 4 8 o f 5 2 0 Main or Subord: Continue, Postpone (sec 16.0) Type of Action •Main when no other motion pending •Subordinate when a main motion is pending When in Order?Only when no motion or only a main motion is pending Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?Yes •I move to table this matter to a date uncertain, second, vote •Defer consideration •To a future day, time; •To an uncertain time; or •Indefinitely Pa g e 4 9 o f 5 2 0 Motion to Amend (sec 17.0) Type of Action Subordinate motion (to a debatable motion) When in Order?When a debatable motion is on the Floor Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •Modifies a debatable motion on the Floor •Not appropriate for Points, Motion to Recess, Motion to Close Debate, or pending Motions to Amend Pa g e 5 0 o f 5 2 0 Motion to Amend (sec 17.0) •I move to approve agenda item 11a1. Second. Discussion. •I move to amend agenda item 11 a1 to reduce the dollar amount by $1,000. Second. Discussion. Vote on the amendment (cannot amend the amendment). •Return to discussion on original motion (as amended, if the amendment passed). •Can then make and resolve another motion to amend. •Final vote on the original motion (as amended, if applicable) Pa g e 5 1 o f 5 2 0 Motion to Close Debate (sec 18.0) Type of Action Subordinate Motion When in Order?When a debatable motion is on the Floor Floor Required?Yes Second Required?Yes Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Two-thirds (2/3) of the quorum Subject to Motion to Reconsider?No •If passed, requires an immediate vote on a pending debatable motion •I move to close debate on this motion. Second. Immediate vote, 2/3 required Pa g e 5 2 o f 5 2 0 Motion for an Exec. Sess. (sec 22.0) •Where authorized by the Colorado Open Meetings Law, consult with City Attorney in advance when possible for motion language •I move to go into executive session under ___ for ____ to discuss _____, with city attorney and city manager.Second.Immediate vote,2/3 required. Type of Action Privileged motion When in Order?Any time Floor Required?Yes Second Required?Yes Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Two-thirds (2/3) of the quorum Subject to Motion to Reconsider?No Pa g e 5 3 o f 5 2 0 Municipal Code Changes EMC 1-5-2-8 •A.Presiding Officer.The Mayor or such other member of the Council as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the presiding officer.[RULE 3.3: “Presiding officer is entitled to same rights as a member.”] •B. Getting the Floor.Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.[RULE 4.1: “The Floor is required to address the body”; Council Policies, Rules of Decorum] •C. Interruptions.A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined and if in order, he shall be permitted to proceed.[RULE 4.1: “The Floor is required to address the body”; CHAPTER 5, The Points; Council Policies, Rules of Decorum] Pa g e 5 4 o f 5 2 0 Municipal Code Changes EMC 1-5-2-8 D.Privilege of Closing Debate.Rule 5.6 shall be amended to read as follows: The Presiding Officer shall offer the Moving Member the first and last opportunity to speak to a debatable motion. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. [Retaining current rule that moving council member may close the debate.] •F. Remarks, Discussion Entered in Minutes.Rule 7.10 shall be added to read as follows: Immediately after the vote on a debatable motion: (a) a Council Memberman may request through the presiding officer, the privilege of having an abstract of their comments and/or (b) the Presiding Officer may request an abstract of all comments be his statement on any subject under consideration by the Council entered into the minutes. The requested abstract shall be added to minutes, unless a majority of present Council Members object.If the Council consents thereto, such statement shall be entered in the minutes.[NO SUBSTANTIVE CHANGE—COMBINED F & G AND MADE CONCISE] •G. Synopsis of Debate.The Clerk may be directed by the presiding officer, with the consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. Pa g e 5 5 o f 5 2 0 Municipal Code Changes EMC 1-5-2-8 BE. [DELETE ENTIRELY? IF SO, MOTION FOR RECONSIDERATION ONLY WHEN NO OTHER MOTION PENDING AT THE SAME MEETING OR NEXT MEETING ONLY] Motion to Reconsider.Rule 19 shall be amended to read as follows: A motion to reconsider any action taken by the Council may be made at any time, except that reconsideration of an ordinance must occur subject only to the following limitations. Passage of an ordinance may be reconsidered at any time prior to its the time such ordinance becomes effective date, and reconsideration of . Any action of the Council having as its ultimate purpose the vesting of any contractual or quasi-contractual right must occur prior to its vestingmay be reconsidered at any time before the actual vesting of such right. [MAKE LANGUAGE MORE CONCISE] A motion to reconsider shall must be made by one of the prevailing side, but may be seconded by any member,[RULE 19; LEAVE IN IF AMEND 19] and may be made at any time and [DUPLICATIVE]have precedence over all other motions or while a member has the floor; it shall be debatable. [RULE 19; LEAVE IN IF AMEND 19] Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council.[UNNECESSARY—THIS IS THE CASE] Pa g e 5 6 o f 5 2 0 Municipal Code Changes EMC 1-5-2-8 H. Rules of Order.There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing rules of procedure for governing meetings in accordance with Charter Section 27 Bob’s Rules of Order for Colorado Local Governments (Robert Widner, 20213 edition), as written and distributed by Robert C. Widner 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112.Bob’s Rules of Order (2013), including those amendments set forth below, shall govern the procedure of the meetings of the City Council in all cases where applicable and where not inconsistent with the Charter or the rules and procedures herein fixed by the Council or other provisions of this Code. One (1) copy of Bob’s Rules of Order [version 1-18], with amendments as adopted, shall be provided to each member of the City Council, the City Manager, the City Attorney, and the City Clerk upon adoption, and at the first meeting in January thereafter, and shall also be made available to the public for inspection at the office of the City Clerk, with the following deletions and modifications: and may be posted to the City's website with the permission of the author. All amendments as set forth herein shall be incorporated into Bob’s Rules of Order (2013) and known as " Bob Rules of Order [version 1-18]". Version numbers shall be updated to correspond to each modification to the rules of order adopted by the City Council. Amendments to Bob’s Rules of Order (2013) shall be as follows:[NO SUBSTANTIVE CHANGE, OTHER THAN TO ADOPT 2023 VERSION AND DOESN’T REQUIRE GIVING IT TO COUNCIL EVERY JANUARY; UNNECCESSARY LANGUAGE] Pa g e 5 7 o f 5 2 0 Municipal Code Changes EMC 1-5-2-8 •1.[ELIMINATE? INCLUDED IN POINT OF INFORMATION, POINT OF ORDER] Inclusion of a privileged motion entitled "Point of Decorum". •a. Point of decorum is a request of a member, requiring a second, for the body as a whole to review an act of a member for conformance with the rules of decorum, as such rules have been established, and adopted by, the body as a whole. It shall require approval by a majority of the quorum present. It shall not be debatable. •b. An example of the use of a point of decorum shall also be included. Pa g e 5 8 o f 5 2 0 Municipal Code Changes EMC 1-5-2-8 •2. Modification of the rule regarding abstention. Abstentions. Abstentions shall not be counted as either a vote in favor or against the proposition before the body.[BOB’S RULES, CHARTER DO NOT ALLOW ABSTENTIONS; RECUSAL REQUIRED FOR CONFLICTS OF INTEREST] •Rule 1.4 shall be supplemented to include as follows: •A member declaring a conflict of interest in regard to a matter pending before the body and thereafter abstaining from the discussion and vote Upon recusal, the Member may not leave the room and does not change quorum for purposes of establishing a valid meeting of the body. ••If, after a member declares a conflict of interest,less than five the remaining members of the body are eligible to act upon the matter do not equal a quorum, the matter should be tabled to the next regular meeting at which a quorum of members is available to decide the matter, unless immediate action is necessary and proper. This rule shall be construed to weigh against allowing less than a quorum of the membership to act upon a matter before the body. [NO SUBSTANTIVE CHANGE] Pa g e 5 9 o f 5 2 0 Next Steps •Council provides to City Attorney’s Office direction as to: 1.Interest in adopting new Rules 2.Amendments to the 2023 Rules 3.Amendments to current Municipal Code •City Council considers ordinance amending EMC 1-5-2-8 as directed above at a future meeting Pa g e 6 0 o f 5 2 0 Questions? Pa g e 6 1 o f 5 2 0 2023 Bobs Rules of Order Presented By Jaxon Higgins, Legal Intern Victoria McDermott, Deputy City Attorney Pa g e 6 2 o f 5 2 0 Background •April 2, 2018, City Council passes Ordinance 5, Series of 2018 adopting Bob’s Rules of Order, 2013 edition •Previously City Council utilized Robert’s Rules of Order, designed for large legislative bodies •803 pages, 96 motions •Provides rules for orderly operation of local government body business •2013 edition of Bob’s Rules is simple and short, but significant guidance missing •22 pages, plus guidance in municipal code •2023 edition of Bob’s Rules of Order provides much more detail—216 pages •Still simple, easy to read; but responds to City concerns regarding vagueness Pa g e 6 3 o f 5 2 0 Purpose of Adopting Parliamentary Rules •Efficiency •Establishes a discernable language by which the Body can effectively and efficiently communicate amongst itself •Limits misunderstandings about the process of a meeting, and focuses the Body on substantive material •Transparency •Portrays professionalism and organization to the public, necessarily gives the Body a well-structured record of decision-making •Certainty •By adopting a list of written rules, the Body and the public can return to the formal written rules if/when a process issue arises in a meeting Pa g e 6 4 o f 5 2 0 Changes in Updated Rules, 2023 •Allows the Body to deviate from strictly following the rules when •A Member inadvertently misuses terminology or a rule of process, but the Body understands the intention of the Member •Strict adherence to the rules would otherwise prevent the meeting from being conducted effectively •Point of Information includes conduct, eliminating need for separate Point of Decorum •Includes the “So-Moved” Motion to streamline the process of bringing a motion to the floor •Adds Friendly Requests in the form of the Friendly Amendment and Friendly Withdrawal Pa g e 6 5 o f 5 2 0 Changes in Updated Rules, 2023 •Authorizes discussion on an agenda item prior to a motion •A Member’s unexcused absence while a motion on the floor does not affect quorum: eliminates a member leaving dais so that body cannot vote on a motion •If lack of quorum, unresolved agenda items postponed to next regular meeting and meeting adjourned Pa g e 6 6 o f 5 2 0 Deviating From the Rules •8.1 The Presiding Officer may suspend certain rules •8.2 The Body may suspend certain rules •8.3 An inadvertent and non-substantive deviation from a rule by the Presiding Officer or the Body without objection from a Member is authorized and intended Pa g e 6 7 o f 5 2 0 Removal of the Point of Decorum •When challenging the conduct of a Member, the Point of Order suffices as a tool by which to enforce the procedural rules and maintain decency in the meeting •When requesting a change in environment, e.g. seating arrangement, temperature, etc., the Point of Information may be deployed •For a small governmental body, the Point of Decorum is redundant, and can be effectively deployed by either a Point of Order or Point of Information (and in fact, Point of Information specifically includes issues regarding “conduct”) Pa g e 6 8 o f 5 2 0 “So-Moved” Motion •To expedite the process of bringing a motion to the floor, use the “So-Moved” Motion. •When there is a request, proposition, or question raised to the Body by a Member or a citizen, a Member may say “so-moved”, after which the Chairperson should clarify the motion. A so-moved motion requires a second in order to bring the motion to the floor. •Often, a request for action is made by a member of the public, or by a Member of the Body before a formal motion is made. The so- moved motion, when used effectively, maintains the flow of the meeting and increases its efficiency Pa g e 6 9 o f 5 2 0 Friendly Requests •Friendly Amendment •To be employed for minor amendment proposals, which will require little to no debate, and may be readily acceptable to all Members. •While in possession of the floor, a friendly amendment is proposed by stating, “I request a friendly amendment [insert specific proposed amendment]”. The Chairperson has the authority to approve the amendment after awaiting any objection. If one or more members has an objection, they may exclaim “objection” to close the friendly amendment to the floor, requiring the Body to resort to a formal motion to amend, or abandon the amendment. Pa g e 7 0 o f 5 2 0 Friendly Requests (cont.) •Friendly Withdrawal •To increase the efficiency of the meeting, a debatable motion may be withdrawn prior to being voted on •If a motion meets strong opposition during debate, and further discussion will clearly be pointless, or if a motion becomes irrelevant and the floor requires a new motion, the friendly withdrawal may be deployed. While in possession of the floor, a member may request the Body to consider a friendly withdrawal, the Chairperson will await an objection. Where an objection is absent, the withdrawal will be deemed friendly, and the debatable motion will be removed from the floor Pa g e 7 1 o f 5 2 0 The Meeting Generally (sec 1.0) •1.5 A motion is not required to initiate discussion •1.6 The record for each decision includes all information presented, all discussion and debate, and all laws and local policies applicable to the decision Pa g e 7 2 o f 5 2 0 The Quorum (sec 2.0) •2.3 A request to be excused while a motion is pending is effective upon granting the request if for a conflict of interest, and for all other purposes unless would eliminate quorum •2.4 An unexcused absence while a motion is pending shall not affect quorum •This means a member cannot exit dais in an attempt to eliminate quorum and thereby prohibit Council from voting •2.5 If no quorum, the Presiding Officer, the members present, or a staff member shall: •Postpone all unresolved agenda items to the next regular meeting; and •Adjourn the meeting Pa g e 7 3 o f 5 2 0 The Presiding Officer (sec 3.0) •3.2 The Presiding Officer is parliamentarian, unless the role is assigned to another person •3.4 The Presiding Officer may exercise discretion during the meeting subject to a Point of Order or a Point of Appeal •3.5 The Presiding Officer shall facilitate the meeting in a fair and neutral manner and, whenever practicable, defer to the Members to initially lead discussion, offer motions, and direct debate Pa g e 7 4 o f 5 2 0 The Floor (sec 4.0) •4.1 The Floor is required to address the Body •4.2 A member shall be granted the Floor by the Presiding Officer when properly requested in accordance with the Rules and local meeting practice •4.3 A Member’s right to the Floor is limited to five (5) minutes •4.4 A Member may obtain the Floor only once until all other Members are afforded an opportunity to obtain the Floor Pa g e 7 5 o f 5 2 0 The Motion & Second (sec 5.0) •5.1 A motion is required for the Body to take formal action •5.2 A motion shall propose an affirmative proposition in clear and understandable language that is limited to either a “yes” or a “no” vote •5.3 A motion requires a second (but not a point—see below) •5.4 The Presiding Officer must acknowledge that the motion was properly stated and seconded •5.6 The Presiding Officer shall offer the Moving Member the first opportunity to speak to a debatable motion Pa g e 7 6 o f 5 2 0 The Friendly Requests (sec 6.0) •6.1 A Friendly Amendment is authorized only for a debatable motion, and the amendment of the motion will be effective unless a Member objects •6.2 A Friendly Withdrawal is authorized only for a debatable motion, and the withdrawal of the motion will be effective unless a Member objects Pa g e 7 7 o f 5 2 0 The Vote (sec 7.0) •7.1 The Presiding Officer’s call for the vote closes the Floor •7.2 No proxy or absentee voting •7.3 Cannot explain vote after the call for the vote •7.4 Neither the Moving Member nor seconding Member must advocate for or vote for the motion •7.8 The failure of a motion to receive the required vote for approval shall result in the rejection of the motion •7.9 A Member shall not change their vote after the announcement of the final vote except in the exceptional circumstances with approval of the Presiding Officer Pa g e 7 8 o f 5 2 0 Class/Priority for Points/Motions (sec 9.0) PRIVILEGED (Sec 10) Raise at Any Time Not required to have the floor No Second No Debate MAIN (Sec 14) Only when no other motion pending SUBORDINATE When a main is pending Must resolve prior to main vote Point of Order Principal Motion Motion to Amend (only 1 pending at a time) Point of Information Motion to Continue or Postpone (when no other main motion is pending) Motion to Continue or Postpone (when a main motion is pending) Point of Appeal Motion to Reconsider Motion to Close Debate Motion to Recess Motion to Adjourn Motion for Executive Session Pa g e 7 9 o f 5 2 0 Privileged: Point of Order (sec 11.0) Type of Action Point of Order When in Order?At any time Floor Required?No Second Required?No Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?No Subject to Motion to Reconsider?No •Question the Body’s compliance with rules of order; Presiding Officer uses discretion to resolve Pa g e 8 0 o f 5 2 0 Privileged: Point of Information (sec 12.0) Type of Action Point of Information When in Order?At any time Floor Required?No Second Required?No Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?No Subject to Motion to Reconsider?No •Ask for and receive information on meeting process/conduct, clarification of a fact, or other pressing informational matter; Presiding Officer uses discretion to resolve Pa g e 8 1 o f 5 2 0 Privileged: Point of Appeal (sec 13.0) Type of Action Point of Appeal When in Order?Immediately following a Presiding Officer’s decision Floor Required?No Second Required?No Debatable?No, but the Moving Member may make a brief statement of the reason for appeal. The Presiding Officer may briefly reply Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •Challenge decision of the Presiding Officer in applying rules of order or responding to Point of Order Pa g e 8 2 o f 5 2 0 Privileged: Motion to Recess (sec 20.0) Type of Action Privileged motion When in Order?Any time Floor Required?Yes Second Required?Yes Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •A Motion to Recess provides the Body with a temporary break in the meeting Pa g e 8 3 o f 5 2 0 Main: Principal Motion (sec 15.0) Type of Action Main motion When in Order?When no other motion is pending Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? Yes Yes Vote Required?Excluding several exceptions, a majority vote of the quorum Subject to Motion to Reconsider?Yes •A general proposition or a request that the Body take an action Pa g e 8 4 o f 5 2 0 Main: Motion to Reconsider (sec 19.0) Type of Action Main motion When in Order?Only when: (1)No motion is pending before the Body; and (2)When made by a Member who voted on the prevailing side of the decision to be reconsidered; and (a)At the same meeting; or (b)At the next regular meeting Floor Required?Yes •Vacates a previous decision on a motion •Does not automatically reverse the prior decision Pa g e 8 5 o f 5 2 0 Main: Motion to Reconsider (sec 19.0 cont.) Type of Action Main motion Second Required?Yes, by any member present Debatable?Yes, but only as to the reasons to support the reconsideration. No debate of the original decision is allowed. Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Two-thirds (2/3) of the quorum Pa g e 8 6 o f 5 2 0 Main: Motion to Adjourn (sec 21.0) Type of Action Main motion When in Order?When no motion is pending before the body Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •Formally terminate the meeting by vote Pa g e 8 7 o f 5 2 0 Main or Subord: Continue, Postpone (sec 16.0) Type of Action •Main when no other motion pending •Subordinate when a main motion is pending When in Order?Only when no motion or only a main motion is pending Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?Yes •Defer consideration •To a future day, time; •To an uncertain time; or •Indefinitely Pa g e 8 8 o f 5 2 0 Subordinate: Motion to Amend (sec 17.0) Type of Action Subordinate motion (to a debatable motion) When in Order?When a debatable motion is on the Floor Floor Required?Yes Second Required?Yes Debatable?Yes Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Majority of quorum Subject to Motion to Reconsider?No •Modifies a debatable motion on the Floor •Not appropriate for Points, Motion to Recess, Motion to Close Debate, or pending Motions to Amend Pa g e 8 9 o f 5 2 0 Motion to Close Debate (sec 18.0) Type of Action Subordinate Motion When in Order?When a debatable motion is on the Floor Floor Required?Yes Second Required?Yes Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Two-thirds (2/3) of the quorum Subject to Motion to Reconsider?No •If passed, requires an immediate vote on a pending debatable motion Pa g e 9 0 o f 5 2 0 Motion for an Exec. Sess. (sec 22.0) •Convening a confidential meeting where authorized by the Colorado Open Meetings Law, C.R.S. §24-6-402(4), best practice is to consult the City Attorney in advance to determine whether the subject matter permits an executive session Type of Action Privileged motion When in Order?Any time Floor Required?Yes Second Required?Yes Debatable?No Subject to Motion to Amend? Friendly Amendment Possible? No No Vote Required?Two-thirds (2/3) of the quorum Subject to Motion to Reconsider?No Pa g e 9 1 o f 5 2 0 Duplicative Municipal Code Provisions If 2023 Bob’s Rules adopted, these provisions of Municipal Code 1- 5-2-8 would be obsolete and CAO recommends removal from Code: •Point of Decorum •Included in Point of Information •BUT Point of Information does not require a second or a vote, like Englewood Point of Decorum currently does •Presiding Officer: contained in new Rule 3.3 •Getting the Floor, Interruptions: contained in new Rule 4.1, also in Council Policy Manual •Motion to Reconsider: must be made by prevailing member on original matter, any member can second Pa g e 9 2 o f 5 2 0 Supplemental Municipal Code Provisions If 2023 Bob’s Rules adopted, these provisions of Municipal Code 1- 5-2-8 are supplemental and CAO will assume they should be retained absent Council direction to the contrary: •Privilege of Closing Debate: Council Member moving to adopt legislation has the final opportunity to debate •Motion to Reconsider: nothing herein shall prevent a member from making the same motion at a subsequent meeting •Remarks Entered in Minutes: with Council approval, member can have abstract of statement entered into the minutes •Synopsis of Debate: with Council approval, synopsis entered into the minutes •Abstention: In conflict of interest, member may not leave the room; if without abstaining member the body lacks quorum, it shall be tabled to next meeting with a quorum unless immediate action necessaryPa g e 9 3 o f 5 2 0 Conflicting Municipal Code Provisions If 2023 Bob’s Rules adopted, these provisions of Municipal Code 1- 5-2-8 would conflict, and CAO recommends removal from Code: •Motion to Reconsider: made at any time, have precedence over all other motions, or while another member has the floor; made anytime until ordinance becomes effective, contractual or quasi-contractual right is vested •As written, any member could interrupt another during any point on an agenda and make such a motion; extended delay for staff to act on/implement Council vote •2023 Bob’s Rules only allows reconsider at the meeting a matter was passed, or the following meeting; otherwise, a new motion or legislation to repeal is the proper method of reversing action. See p. 125 for justification: “a decision .. must become final with some promptness so that actions can be taken to implement the decision” Pa g e 9 4 o f 5 2 0 Next Steps •Council provides to City Attorney’s Office direction as to: 1.Interest in adopting new Rules (Recommended) 2.Amendments to the 2023 Rules (None Recommended, except to retain current Municipal Code Supplements) 3.Amendments to current Municipal Code (Recommend remove duplicative provisions; Motion to Reconsider) •City Council considers ordinance amending EMC 1-5-2-8 as directed above at a future meeting Pa g e 9 5 o f 5 2 0 Questions? Pa g e 9 6 o f 5 2 0 MINUTES City Council Regular Meeting Monday, August 5, 2024 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Chair Peter Eckel, and Members of the Budget Advisory Committee were present to discuss the Budget Advisory Committee 2024 Annual Report 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:00 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 Assistant City Attorney Renteria City Clerk Carlile Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Deputy Police Chief Fender Assistant City Attorney Renteria Director of Community Development Power Director of Human Resources Weiske Director of Parks, Recreation, Library and Golf, Underhill Deputy Director Anderson Parks, Recreation, Library and Gol Page 1 of 9 Draft Page 97 of 520 City Council Regular August 5, 2024 Deputy Director of Business Solutions and Engineering Stone, Utilities Division Chief Read, Police Department Economic Development Manager Hollingsworth, Community Development Department Administrator Fenton, Community Development Web & Digital Content Strategist Magnuson, Communications Sustainability Program Manager Englund, City Manager Office System Administrator Munnell, Information Technology AV Engineer Hessling, Information Technology Sargent Lutz, Police Department Officer Roberts, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of July 22, 2024. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 22, 2024. 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 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition There were no Appointments, Communications, Proclamations, or Recognitions 7 Recognition of Scheduled Public Comment a) Kevin Wright, an Englewood resident, was scheduled to speak but was not present. b) Jan Weipert, an Englewood resident, addressed Council regarding City Council, park bond, initiatives, and rank choice voting. 8 Recognition of Unscheduled Public Comment a) Eric Anderson, an Englewood resident, addressed Council regarding traffic Page 2 of 9 Draft Page 98 of 520 City Council Regular August 5, 2024 safety. Mayor Pro Tem Anderson responded to Public Comment. 9 Consent Agenda Items Moved by Council Member Anderson seconded by Council Member Prange to approve Consent Agenda Item 9(a)(i), 9(b)(i-v) and 9(c)(i-ii). a) Approval of the 2025 - 2026 EPBA CBA Staff: Director of Human Resources Shawn Weiske Motion MOTION CARRIED. a) Approval of Ordinances on First Reading i) CB-33 An eligible government entity agreement needs to be signed with the Colorado Statewide Internet Portal Authority (SIPA) in order to apply for a SIPA Grant COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY FOR THE ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY AND THE CITY OF ENGLEWOOD. b) Approval of Ordinances on Second Reading. i) CB-19 Assignment to City and County of Denver of the City of Englewood 2024 Private Activity Bond Allocation ORDINANCE NO. 22 SERIES OF 2024 (COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE APPROVING ASSIGNMENT TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE CITY OF ENGLEWOOD, COLORADO’S $2,118,260 2024 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THERE WITH. ii) CB-21 Amendment to the Intergovernmental Joint Cooperation Agreement and Home Investment Partnerships Consortium Agreement between Arapahoe County and City of Englewood for Grant Years Page 3 of 9 Draft Page 99 of 520 City Council Regular August 5, 2024 2025-2027 ORDINANCE NO. 23 SERIES OF 2024 (COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO, SEVERAL CITIES WITHIN ARAPAHOE COUNTY, AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS. iii) CB-27 Intergovernmental Agreement (IGA) with Arapahoe County for Emergency Management Services ORDINANCE NO. 24 SERIES OF 2024 (COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER PRANGE) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT CONSULTING SERVICES TO THE CITY ENGLEWOOD BY THE ARAPAHOE COUNTY OFFICE OF EMERGENCY MANAGEMENT. iv) CB-28 City Ditch License Agreement with Corah Enterprises, L.L.C. for rights and obligations within the City Ditch Right-of-Way at 3650 South Cherokee Street and Consent to Assignment of License Agreement to prospective purchasers. ORDINANCE NO. 25 SERIES OF 2024 (COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER WRIGHT) AN ORDINANCE AUTHORIZING A CITY DITCH LICENSE AGREEMENT BETWEEN CORAH ENTERPRISES, L.L.C AND THE CITY OF ENGLEWOOD, COLORADO, AND AUTHORIZING A CONSENT TO THE ASSIGNMENT OF THE LICENSE AGREEMENT. v) CB-29 Intergovernmental Agreement (IGA) with the City of Littleton for a shared green business program ORDINANCE NO. 26 SERIES OF 2024 (COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER PRANGE) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, COLORADO AND LITTLETON, COLORADO FOR THE PROVISION OF A SHARED GREEN BUSINESS PROGRAM. Page 4 of 9 Draft Page 100 of 520 City Council Regular August 5, 2024 c) Resolutions and Motions i) Removal of a Code Enforcement Advisory Committee Regular Member for lack of attendance Approval to remove Member Vinson from the Code Enforcement Advisory Committee due to lack of attendance at the scheduled CEAC meetings. ii) Approval of the EEA collective bargaining agreement Approval of the ratified tentative agreements for successor Collective Bargaining Agreements between the City and the Englewood Employees Association (EEA). Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange Motion to approve Consent Agenda Items 9(a)(i), 9(b)(i-v), and 9(c)(i-ii). 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. 10 Public Hearing Items There were no Public Hearings scheduled. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 9(a)(i).) b) Approval of Ordinances on Second Reading i) CB-20 Development Impact Fees Moved by Council Member Chelsea Nunnenkamp Page 5 of 9 Draft Page 101 of 520 City Council Regular August 5, 2024 Seconded by Council Member Tena Prange ORDINANCE NO. 27 SERIES OF 2024 (COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO CREATE TITLE 4 CHAPTER 9 CONCERNING DEVELOPMENT IMPACT FEES. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 4 3 0 Motion CARRIED. ii) CB-25 November ballot question removing the GO Bond voting restrictions in Charter, to allow voters to consider bond issues under TABOR Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp ORDINANCE NO. 28 SERIES OF 2024 (COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED AMENDMENT TO THE CITY OF ENGLEWOOD HOME RULE CHARTER REGARDING GENERAL OBLIGATION BOND ELECTIONS; AND SETTING BALLOT TITLE THEREON. 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 Page 6 of 9 Draft Page 102 of 520 City Council Regular August 5, 2024 7 0 0 Motion CARRIED. iii) CB-26 The proposed ballot question would institute ranked-choice voting for Englewood elected officials, to eliminate need for a runoff election should no candidate receive a majority of votes Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp ORDINANCE NO. 29 SERIES OF 2024 (COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED AMENDMENT TO THE CITY OF ENGLEWOOD HOME RULE CHARTER REGARDING RANKED CHOICE VOTING; AND SETTING BALLOT TITLE THEREON. 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 4 3 0 Motion CARRIED. The meeting recessed at 8:09 p.m. for a break. The meeting reconvened at 8:18 p.m. with all Council Members present. iv) CB-30 Calling Special Election, Authorizing Agreement, and setting Parks Bond Ballot Question for November Election Moved by Council Member Tena Prange Seconded by Council Member Chelsea Nunnenkamp ORDINANCE NO. 30 SERIES OF 2024 (COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE REGARDING THE NOVEMBER 2024 ELECTION: CALLING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2024, TO COINCIDE WITH THE STATE GENERAL ELECTION; Page 7 of 9 Draft Page 103 of 520 City Council Regular August 5, 2024 DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY AND AUTHORIZING AN AGREEMENT THEREFORE; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A BALLOT MEASURE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING PARK AND RECREATION CAPITAL IMPROVEMENTS; AND SETTING THE BALLOT TITLE THEREON. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Moved By) x Kim Wright x Steven Ward x 6 1 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Items 9(c)(i-ii).) 12 General Discussion a) Mayor's Choice i) Executive Session for the purpose of discussing specialized details of security arrangements for future City Council meetings, as authorized by CRS § 24-6-402(4)(d). MOTION TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING SPECIALIZED DETAILS OF SECURITY ARRANGEMENTS FOR FUTURE CITY COUNCIL MEETINGS, AS AUTHORIZED BY CRS § 24-6-402(4)(D). Motion CARRIED. The meeting recessed at 8:18 p.m. to go into Executive Session. The meeting reconvened at 9:16 p.m. with all Council Members present. Mayor Sierra recited the following statement: For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any Page 8 of 9 Draft Page 104 of 520 City Council Regular August 5, 2024 improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. None stated Moved by Council Member Othoniel Sierra Seconded by Council Member Tena Prange MOTION TO CLOSE THE EXECUTIVE SESSION For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:27 p.m. City Clerk Page 9 of 9 Draft Page 105 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: August 19, 2024 SUBJECT: Purchase of Nevada Ditch Water Rights DESCRIPTION: Purchase and Sale of Water Rights Agreement with the Nevada Ditch Company for the purchase of 0.5 shares of Nevada Ditch water in the amount of $20,000. RECOMMENDATION: Utilities staff is seeking City Council approval of a Purchase and Sale of Water Rights Agreement with the Nevada Ditch Company for the purchase of 0.5 shares of Nevada Ditch water in the amount of $20,000. The Water and Sewer Board recommended Council approve the Purchase and Sale of Water Rights Agreement with the Nevada Ditch Company during its August 13, 2024 meeting. PREVIOUS COUNCIL ACTION: None. SUMMARY: The Nevada Ditch was originally constructed as an irrigation ditch in the 1860s to supply South Platte River water to numerous shareholders in the Denver Metro area. Today, the Nevada Ditch is managed by the Nevada Ditch Holding Company (Company), of which there are approximately a dozen shareholders who hold water rights to the ditch. The City of Englewood (City) and Denver Water are the two largest single shareholders of the ditch water rights. The City also provides a representative to act as president for the Company. The Company oversees all matters for the ditch, including finances, maintenance of the ditch infrastructure, crossing agreements, and other issues. The City diverts and treats Nevada Ditch water daily to meet water demands. Steven C. Manis and Gayle A. Johnson are joint owners of 0.5 shares of Nevada Ditch water and contacted Utilities staff to sell their water rights to the City. If purchased, the City will add this 0.5 share to the 114.4 shares currently owned by the City. This 0.5 share is currently an irrigation right and will remain as such until the City initiates a future water court proceeding to convert it to a municipal use. By Ordinance, the purchase and acquisition of water rights must be approved by the Englewood City Council and the Water and Sewer Board. The Water and Sewer Board recommended Council approval during its August 13, 2024 meeting. Page 106 of 520 ANALYSIS: Nevada Ditch water rights are senior to many other water rights from the South Platte River. During times of limited available water from the South Platte River, Nevada Ditch water rights are generally available. The purchase of additional Nevada Ditch water rights will further secure the City’s water supply to accommodate future growth and times of scarcity. In addition, since the City already utilizes Nevada Ditch water, new infrastructure would not be required to convey the water to the water treatment plant. Utilities staff, in coordination with its outside water rights engineer and legal counsel, believes $20,000 is a good value for the purchase of these water rights. COUNCIL ACTION REQUESTED: Approve, by Ordinance, an Agreement for Purchase and Sale of Water Rights with the Nevada Ditch Holding Company for 0.5 shares of Nevada Ditch water in the amount of $20,000. FINANCIAL IMPLICATIONS: Funding for this purchase is included in the 2024 Utilities budget and will not exceed the total Water Fund budget appropriation. Source of Funds Line-Item Description Line-Item Budget YTD Line-Item Expensed Purchase Amount 40–1605–55102 Water Fund, O&M, Water Charges $36,000 $19,337 $20,000* *Maximum purchase amount of $20,000 due at closing. CONNECTION TO STRATEGIC PLAN: Sustainability: Protection of water resources, including rivers and streams ATTACHMENTS: Ordinance #35 Contract Approval Summary (CAS) Agreement for Purchase and Sale of Water Rights PowerPoint Presentation Page 107 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 8/20/2024 Amendment Amount End Date n/a Amended Contract Amount Total Term in Years n/a Vendor Contact Information: Name Conta Address Phon Emai 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 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Purchase of 0.5 shares of water rights on the Nevada Ditch by Certificate number 379. Nevada Ditch water rights are senior to many other water rights from the South Platte River. During times of limited available water from the South Platte River, Nevada Ditch water rights are generally available. The purchase of additional Nevada Ditch water rights will further secure the City’s water supply to accommodate future growth and times of scarcity. In addition, since the City already utilizes Nevada Ditch water, new infrastructure would not be required to convey the water to the water treatment plant. Utilities staff, in coordination with its outside water rights engineer and legal counsel, believes $20,000 is a good value for the purchase of these water rights. Renewal options available n/a -purchase of water rights 81403 Payment terms (please describe terms or attached schedule if based on deliverables) gaylejeff@yahoo.com Gayle A Johnson Montrose Buyer agrees to pay Sellers the sum of twenty thousand dollars ($20,000.000) (“Purchase Price”) for the purchase of the Nevada Ditch Share, to be delivered to Sellers at closing. Buyer shall have 14 days from the Effective Date of this Agreement (the “Diligence Period”) to conduct whatever due diligence investigations it desires concerning this transaction. To the extent not already provided, within 5 days of the Effective Date of this Agreement, Sellers will furnish to Buyer copies of all documents or reports in their possession or otherwise reasonably available to Sellers relating to or affecting title to the Nevada Ditch Share, any and all engineering reports, estimates, or other documents in their possession relating to or concerning the historical use of the Nevada Ditch Share, all documents or reports related to easements appurtenant to the Nevada Ditch Share, and any and all documentation related to the administration of the Nevada Ditch Share, including but not limited to accounts receivable reports. #24-162 Agreement for Purchase and Sale of Water Rights $ 20,000 $ - $ 20,000 Chris Edelstein Utilities Environmental Compliance Manager 303.762.2571 CEdelstein@englewoodco.gov Seller of Water Right on Nevada Ditch 62149 Highway 90 Agreement for Purchase Page 108 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining O 2024 40 1605 55102 #24-162 Agreement for Purchase and Sale of Water Rights NO 36,000$ 19,337$ 14,556$ 20,000$ (17,893)$ Total Current Year 36,000$ 19,337$ 14,556$ 20,000$ (17,893)$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 36,000$ 19,337$ 14,556$ $20,000*(17,893)$ Water Fund, O&M, Water Charges NOTES/COMMENTS (if needed): *Maximum purchase amount of $20,000 due at closing. Page 109 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 n/aSolicitation Name and Number: Solicitation Evaluation Summary/Bid Tabulation 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 110 of 520 PROCUREMINY DIWSIDN ..-CH'V a!?'Englewood #24-162 AGREEMENT FOR PURCHASE AND SALE OF WATER RIGHTS THIS AGREEMENT FOR PURCHASE AND SALE OF WATER RIGHTS (“Agreement")is made and entered into this this __day of ,2024 by and between STEVEN C.MANIS and GAYLE A.JOHNSON.as joint owners (collectively. "Sellers”),and the CITY OF ENGLEWOOD (“Buyer”).Sellers and Buyer may be referred to individually as a “Party"or collectively as "Parties." RECITALS A.Sellers own one-half share of capital stock of the Nevada Ditch Holding Company evidenced by Certi?cate Number 379 (the “Nevada Ditch Share"),and wish to convey said Nevada Ditch Share to Buyer;and B.Buyer desires to acquire the Nevada Ditch Share pursuant to the terms and conditions of this Agreement; NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the Parties agree as follows: SECTION 1 -PURCHASE AGREEMENT 1.1 Purchase Price and Terms.Buyer agrees to pay Sellers the sum of twenty thousand dollars ($20,000,000)(“Purchase Price")for the purchase of the Nevada Ditch Share,to be delivered to Sellers at closing. 12 Due Diligence.Buyer shall have 14 days from the Effective Date of this Agreement (the “Diligence Period")to conduct whatever due diligence investigations it desires concerning this transaction.To the extent not already provided.within 5 days of the Effective Date of this Agreement,Sellers will furnish to Buyer copies of all documents or reports in their possession or otherwise reasonably available to Sellers relating to or affecting title to the Nevada Ditch Share,any and all engineering reports,estimates,or other documents in their possession relating to or concerning the historical use of the Nevada Ditch Share,all documents or reports related to easements appurtenant to the Nevada Ditch Share.and any and all documentation related to the administration of the Nevada Ditch Share.including but not limited to accounts receivable reports.Such documents may include,but are not limited to,the following: 1.2.1 Any deed,stock certi?cate,contract.or other instrument conveying or assigning the Nevada Ditch Share or any portion thereof to Sellers or their predecessors. Page 1 of 11 Page 111 of 520 1.3 1.4 1.2.2 Any document evidencing or constituting an encumbrance on the Nevada Ditch Share or any portion thereof. 1.2.3 Records and reports related to regulatory compliance such as notices of violation, communications with state regulatory agencies,and water quality analyses related to the Nevada Ditch Share. If,as a result of its investigations during the Diligence Period,Buyer determines that Sellers’title to or any other aspect(s)of the Nevada Ditch Share are not satisfactory to Buyer,Buyer may provide written notice to Sellers of those defects prior to the expiration of the Diligence Period.If such notice is given,then Sellers shall have 10 days in which to cure said title defects or other aspects of the Nevada Ditch Share that are not satisfactory to Buyer.If Sellers are able to cure the title defects or other aspects of the Nevada Ditch Share that are not satisfactoryto Buyer and provides evidence and written notice of such cure within the 10 day cure period,then Buyer shall have 5 days from the written notice of cure to accept such cure and go forward with this Agreement or to terminatethe Agreement. If Sellers fail or are unable to cure said title defectsor other aspects of the Nevada Ditch Share that are not satisfactory to Buyer,then Buyer shall have 5 days from written notice that Sellersare unable to cure the title defects or 5 days from the expiration of Sellers’cure period,whichever is earlier,to elect to terminate this Agreement or to waive said title defects or other aspects of the Nevada Ditch Share that are not satisfactory to Buyer and go forward with this Agreement by giving written notice to Sellers.Absent any notice of termination or notice of title defect or other aspects of the Nevada Ditch Share that are not satisfactory to Buyer within the Diligence Period,or absent any notice or election of termination within 5 days of the expiration of the cure period,Buyer shall be deemed to have accepted the status of Sellers’title to the Nevada Ditch Share and other aspects of the Nevada Ditch Share.Termination of this Agreement under Section 1.2 shall not constitute a breach of a covenant or condition of this Agreement and shall not constitute an event of default by Buyer under this Agreement. Nevada Ditch Holding Company Approval.The parties acknowledge that Buyer’s purchase and use of the Nevada Ditch Share may require approval of the Nevada Ditch Holding Company (the “Company”).Buyer and Sellers shalljointly initiate and complete such proceedings as are necessary before the Board of Directors of the Company to receive approval of such changes,including but not limited to completion and delivery of any share certi?cate transfer form required by the Company.Any transfer fees charged by the Company shall be paid one-half by Buyer and one-half by Sellers.This provision survives Closing. Conditions Precedent to Buyer’s Obligation. Page 2 of 11 Page 112 of 520 1.5 1.4.1 1.4.2 1.4.3 Buyer’s obligation to purchase the Nevada Ditch Share and perform its obligations hereunder is expressly conditionedupon the following,and the failure of any such condition for any reason shall not constitute a breach of a covenant or condition of this Agreement and shall not constitute an event of default by Buyer under this Agreement: 1.4.1.1 All of Sellers’representations and warranties shall be true and correct as of the Effective Date ofthis Agreement and as of the time of Closing. 1.4.1.2 Sellers shall have performed and observed all covenants,agreements,and obligations hereunder which are due before or at Closing. 1.4.1.3 During the period from the Effective Date of this Agreement to the time of Closing,Sellers shall not take any actionwhich materially affectsthe use or value of the Nevada Ditch Share. 1.4.1.4 At the time of Closing,title to the NevadaDitch Share shall be good and marketable in the Sellers. In the event that any of the foregoing conditions shall not be met to Buyer’s sole satisfaction,Buyer may,at its sole discretion,waive the condition(s)not met,agree to modify the condition(s),or decline waiver or modi?cation of the condition(s),in which case this Agreement will terminate.Any waiver or modi?cation of the conditi0n(s)shall be speci?ed by Buyer in writing.In the event of a default by Sellers,Buyer ‘shallbe entitled to such remedies as are set forth in Section 5 below. Any determination by Buyer to decline waiver or modi?cation of unmet conditions precedent under this Section 1.3,and to pursue the remediesprovided in Section 5, below,will not constitute a breach of any covenant or condition of this Agreement and will not constitute an event of default by Buyer under this Agreement. Sellers’Consent and Assistance in Obtaining Documents.Sellers hereby consent to and ‘shall assist Buyer in obtaining information relating to mortgages,deeds of trust, encumbrances,liens,taxes,or adverse claims on the Nevada Ditch Share,and Sellers shall authorize any holder of such mortgages,deeds of trust,encumbrances,liens,or adverse claims to release such informationto Buyer. Page 3 of 11 Page 113 of 520 SECTION 2 —CLOSING 2.1 Date and Place of Closing.Subjectto the terms and conditions set forth herein,the Closing of the sale of the Nevada Ditch Share shall take place at a time and location mutually acceptable to Sellers and Buyer. 2.2 Conduct of Closing.At Closing,the following shall occur,each of which shall be a condition precedent to the others: 2.2.1 2.2.2 2.2.3 2.2.4 Sellers shall convey the Nevada Ditch Share to Buyer by execution and delivery of a stock sale assignment in the form attached hereto as Exhibit A,or such other transfer form required by the Company. Sellers shall deliver to Buyer the original signed share certi?cate evidencing Sellers’ownership of the Nevada Ditch Share that has been properly endorsed by Sellers suf?cient to permit Buyer to have the Nevada Ditch Share transferred to Buyer’s name in the records of the Company. Buyer shall deliver to Sellers the Final Payment via check. The parties will execute and deliver to each other any other documents reasonably required to properly close the transaction,including without limitation all such documents required by the Company to be executed by a party,and/or a deed evidencing the transfer of ownership to be recorded in the real property records of Arapahoe County. SECTION 3 -REPRESENTATIONS,WARRANTIES,AND COVENANTS 3.1 Representations Warranties and Covenants of Sellers.Sellers represent,warrant,and covenant to Buyer as of the Effective Date and as of Closing as follows: 3.1.] 3.1.2 Sellers covenant and agree to support and cooperate fully with Buyer in any future proceeding involving the Nevada Ditch Share purchased by Buyer before any applicable Company,administrative,water court,or other judicial proceeding. Such support and cooperation shall include,but not be limited to,producing documents and giving testimony in court regarding the historical use of the Nevada Ditch Share.Sellers further agree not to oppose any such proceeding. Prior to the Closing date,Sellers: 3.1.2.1 Shall not dispose of any interest in the Nevada Ditch Share or pledge or subject to any lien or encumbranceany interest in the Nevada Ditch Share. Page 4 of 11 Page 114 of 520 3.2 4.1 3.1.2.2 Shall not abandon the Nevada Ditch Share. 3.1.2.3 Shall not implement changes to the use of the Nevada Ditch Share. 3.1.2.4 Shall not apply for any change in use of the Nevada Ditch Share in either Water Court or administrativelybefore the Colorado State Engineer. 3.1.3 Sellers have not intended to abandon the Nevada Ditch Share during their ownership of the Nevada Ditch Share,and no such abandonmenthas been caused by them. 3.1.4 There is no pending or threatened litigation,condemnation,or eminent domain action,administrativeproceeding,or real estate tax protest or proceeding pending or threatened against or affecting the ownership or use of the Nevada Ditch Share, or of any portion thereof which may have a materially adverse effect on the value or use of,or title to the Nevada Ditch Share. 3.1.5 Sellers have all necessary authority to enter into this Agreement and to perform the obligations hereunder,and the consummation of this transaction will not violate any material contracts to which Sellers are a party,and this Agreement and all other documentation required by Buyer hereunder,when duly executed and delivered, shall constitute the valid and binding obligation of Sellers,enforceable in accordance with its terms. 3.1.6 Execution of this Agreement will not result in the breach of any of the terms and conditions of or constitute a default under any mortgage,lease,encumbrance or any agreement or instrumentto which Sellers are a party or by which Sellers are bound. Representations.Warranties and Covenants of Buyer.Buyer represents,warrants,and covenants to Sellers as follows: 3.2.1 Buyer has all authority necessary to enter into this Agreement,and when executed and delivered this Agreement shall constitute a valid and binding obligation of Buyer,enforceable in accordance with its terms. SECTION 4 -DEFAULT AND REMEDIES Notice and Cure Rights.Any event of default hereunder shall not be deemed to have occurred unless the non-defaulting party provides written notice of default to the defaulting party setting forth the nature of the alleged default and the curative actions required,and the defaulting party does not cure such default within (a)3 business days of such notice in Page 5 of 11 Page 115 of 520 4.2 4.3 5.1 5.2 5.3 5.4 ‘ the event the default is the failure to pay money,or (b)30 days of such notice in case of other types of defaults. Remedies.Time is of the essence.Upon an event of default under any provision of this Agreement,the non-defaulting party shall be entitled to the following remedies,unless otherwise provided in this Agreement: 4.2.]If Buyer breaches any covenant or condition or default in its obligations hereunder, Sellers may elect to treat this Agreement as terminated. 4.2.2 If Sellers breach any covenant or condition or default in their obligationshereunder, Buyer may elect to treat this Agreement as terminated.Alternatively,Buyer may elect to treat this Agreement as being in full force and effect and shall have the right to an action for speci?c performance and damages. Attorney Fees.In the event of any litigation between the parties arising out of this Agreement,the prevailing party shall be reimbursed by and entitled to recover from the other party all reasonable costs and expenses incurred in such proceedings,including reasonable attorney fees and costs.' SECTION 5 —GENERAL PROVISIONS No provision,covenant oragreement contained in this Agreement,nor any obligations herein imposed upon Buyer shall constitute or create an indebtedness or debt of Buyer within the meaning of any Colorado constitutionalprovision or statutory limitation. Performance of Buyer’s obligations under this Agreement are expressly subject to appropriations of funds by the Englewood City Council.In the event funds are not appropriated in whole or in part suf?cient for performance of Buyer’s obligations under this Agreement,or appropriatedfunds may not be expended due to spending limitations, then this Agreement shall thereafter become null and void by operation of law,and Buyer shall thereafter have no liability for compensationor damages to the Sellers. Survival.Buyer and Sellers’representations,agreements,and warranties set forth herein, except as they may be fully performed prior to or on the date of closing,shall not merge into the certi?cate and assignment for the Nevada Ditch Share;and shall survive the closing and the delivery of the certi?cate and assignment;and shall be enforceable at law or in equity. Entire Agreement.This Agreement embodies the entire understanding and agreement between Buyer and Sellers and supersedes any and all prior negotiations,understandings Page 6 of 11 Page 116 of 520 5.5 5.6 5.7 5.8 5.9 5.10 or agreements regarding the subject matter hereof.This Agreement may not be amended nor any rights hereunder waived except by an instrument in writing signed by both parties. in the case of amendments to the Agreement,and in the case of a waiver.by the party sought to be charged with such waiver.The failure of a party to assist in one or more cases upon the strict perfonnance of any covenants or conditions of this Agreement shall not be construed as a waiver or relinquishment in any future case of such covenant or condition. Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Further Assurances.Each of the parties hereto undertakes and agrees to execute and deliver such documents,writings,and further assurances as may be required to carry out the intent and purpose of this Agreement. Brokers.Sellers represent and warrant that they have not engaged or utilized the services of any broker on this transaction and shall indemnify and hold Buyer harmless from and against any such broker’s or ?nder’s fees.Buyer represents and warrants that it has not engaged or utilized the services of any broker in this transaction and shall indemnify and hold Sellers harmless from and against any such broker’s or ?nder’s fees. Assignment.No party may assign any of its rights or obligations under this Agreement Without the prior written consent of the other party,which consent shall not be unreasonably withheld. Heirs,Successor.and Assigns.This Agreement shall be binding and inure to the bene?t of the parties and their respective heirs,successors,and assigns,provided such assignment has been permitted hereunder. Notice.Any notices,demands.or any other communication given or made by either party hereto to the other relating to this Agreement shall be deemed given and received:(a)upon personal delivery,(b)on the ?rst business day after receipted delivery to a courier service which guarantees next day delivery or (c)on the date of service if delivered by email.For notice purposes,notice shall be addressed as follows: If to Sellers:Gayle A.Johnson 62149 Highway 90 Montrose.CO 81403 Email:gaylejeff@yahoo.com. If to Buyer:City of Englewood c/o Chris Edelstein.Environmental Compliance Manager Page 7 of 11 Page 117 of 520 1000 Englewood Parkway Englewood,CO 80110 CEdelsteinngnglewoodco.gov With a copy to:Geoff Williamson.Esq. Megan Christensen,Esq. Berg Hill Greenleaf Ruscitti LLP 1712 Pearl Street Boulder.CO 80302 gmw@bhgrlaw.com;megan.christensen@bhgrlaw.com The foregoing addresses may be changed by written notice. 5.11 5.12 5.13 5.14 Dates.If any date set forth in this Agreement for the delivery of any document or occurrence of any event should,under the terms hereof,fall on a weekend or holiday.then such date shall be automatically extended to the next succeeding weekday that is not a holiday. Time is of the Essence.Time is of the essence of each and every aspect of this Agreement, and strict compliance with all time requirements is at the heart of this Agreement and shall be strictly enforced. Counterparts.This Agreement shall not be in force or effect or be binding on any party until properly executed by both parties.This Agreement may be executed in counterparts, all of which taken together shall constitute one and the same Agreement. No Third-Party Bene?ciaries.There are no third-party bene?ciaries to this Agreement. Page 8 of 11 Page 118 of 520 Executed as ofthc date ?rst written abmei SELLERS: STEVEN C.MAMS GAYLE A.JOHVSOV T / ‘/BUYER: (‘ITY OF EhGLhWOOD B): 1‘s: STATE OF COLORADO ) )ss COUNTY OF ) i .,‘.,r h The foregoing Instrument was acknowledged beiore 111:11115,b day of A?7‘202—1.by Steven C.\riauis‘an individual resident Ofthe State ot‘ColoradU. Witness my hzmdand of?cial seal. My commission expires: \Imary PublicPATRICTAATHOMAS NOTARVPUBLIC STATEOF COLORADO NOTARVID20194045746_ 1wCOMMVSSiONEXPMESDECEMBER0a2025 Page 9 ofll Page 119 of 520 STATE OF COLORADO J J 55 COUNTY OF ) The foregoing instrument was acknowledged before me this Q?yhday of IL);,2024‘by Gayle A.Johnson‘an individual resident ot‘the State of Colorado. Witness my hand and of?cial seal. 'BQ-f/',)C.»LeMycommissionexpires: NOTAHVID20184045746 Notarv Public MvCOMMISSIONEXPIRESDECEMBERor2025 . STATE OF COLORADO ) )ss COUNTY OF ) The foregoing instrument was acknowledged before 2024.by , of the City of Englewood. Witness my hand and of?cial seal. My commission expires: Nmmy Public Page 10 ofll PATRICIAATHOMAS NOTARYPUBLIC ‘ STATEOF COLORADO me this day of the Page 120 of 520 EXHIBIT A STOCK SALE ASSIGNMENT C7 ,c -a For Value Received,I hereby sell,assign and transfer unto (ml‘qL‘LVUUV O Whose mailing address is:\‘\t’0 ENQLi/WOOQiQR‘L’WL“ 0,@ <3 0 shares of the Capital Stock ofthe Nevada Ditch Holding Company. Standing in the names of:Q—VLVLNQ,NRN L 5 (3m L:K uswas:is Represented by Certificate No,4 subject to the conditions in said certificate named and also subject to the Articles of Incorporation and Bylaws of said Company and do hereby irrevocably constitute and authorize the Secretary of said Company to transfer the said stock on the books ofthe within named Company.with full power of substitution in the premises,and upon surrender of the certificate,or affidavit and bond for lost certificate,to reissue said stock. State of j Amado 551 County of i \l W j?iT'ZB-i ,»F“ The foregomg document was acknowledgedbefore me FhlS’i)L{day of’\‘Ulrx,209% By:7'»(oar-i (‘mam \\(mm \4l’\L\\\’Vir~ WlTNESS MY HAND AND OFFlCIAL SEAL. (S EAENRlClAATHOMAS NOTARYPUBUC -STATEOF COLORADONOtaWPub“C NOTARViDzoismsua " -a ‘ t w covmssnomsxnnesDECEMBER01 2026 My Commission Expires:,\Kg ‘(Di/5L6 Page 121 of 520 Purchase of Nevada Ditch Water Rights Presented By Englewood Utilities and South Platte Renew Director, Pieter Van Ry Utilities Environmental Compliance Manager, Chris Edelstein Pa g e 1 2 2 o f 5 2 0 Nevada Ditch •Managed by the Nevada Ditch Holding Company •Water owned by shareholders •Englewood is the second largest shareholder and President •Daily use of Nevada Ditch water Pa g e 1 2 3 o f 5 2 0 Purchase of Water Rights •0.5 shares of Nevada Ditch water •Senior water right •Potential future water court change to municipal use •Secure additional water supplies Purchase Price = $20,000 Water and Sewer Board recommended City Council approval during its August 13, 2024 meeting. Pa g e 1 2 4 o f 5 2 0 Questions? Pa g e 1 2 5 o f 5 2 0 Thank you Pa g e 1 2 6 o f 5 2 0 1 ORDINANCE COUNCIL BILL NO. 35 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE OF 0.5 SHARES OF NEVADA DITCH WATER RIGHTS FROM STEVEN C. MANIS AND GAYLE A. JOHNSON BY THE CITY OF ENGLEWOOD. WHEREAS, the Nevada Ditch was originally constructed in the 1860s as an irrigation channel to deliver South Platte River water to shareholders in the Denver Metro area and is currently managed by the Nevada Ditch Holding Company (the "Company"); and WHEREAS, the City of Englewood (the "City") and Denver Water are the two largest shareholders of Nevada Ditch water rights, with the City holding 114.4 shares; and WHEREAS, Steven C. Manis and Gayle A. Johnson jointly own 0.5 shares of the Nevada Ditch Holding Company and have expressed their intention to convey their shares to the City; and WHEREAS, the acquisition of these additional 0.5 shares would strengthen the City’s water rights portfolio, ensuring a more secure water supply to meet the needs of future growth and periods of scarcity; and WHEREAS, the Water and Sewer Board, during its meeting on August 13, 2024, recommended that the City Council approve the proposed purchase; and WHEREAS, the Department of Utilities is seeking City Council approval of this purchase agreement by Ordinance, with the total purchase price being $20,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of Agreement for Purchase and Sale of Water Rights, in the form substantially the same as that attached hereto as Exhibit A. 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. Page 127 of 520 2 B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance and has the authority to correct formatting and/or typographical errors discovered during codification. 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 128 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: August 19, 2024 SUBJECT: Agreements and Easements with Southwest Metropolitan Water and Sanitation District, Toll Southwest LLC, Public Service Company of Colorado, and TB Angeline LLC for Utility Crossings and a Relinquishment and Grant of Easement. DESCRIPTION: Agreements and Easements with Southwest Metropolitan Water and Sanitation District (SMWSD), Toll Southwest LLC (Toll), Public Service Company of Colorado (Xcel Energy), and TB Angeline LLC (TBAL) for utility crossings and a relinquishment and grant of easement associated with the River Park and the Santa Fe Park properties. RECOMMENDATION: Utilities staff is seeking City Council approval of several agreements and easements with SMWSD, Toll, Xcel Energy and TBAL for proposed utility crossings of City Ditch and easement access to the McLellan Pump Station and City Ditch all associated with the River Park and the Santa Fe Park properties. The Water and Sewer Board recommended Council approve these agreements and easements with SMWSD, Toll, Xcel Energy and TBAL during its August 13, 2024 meeting. PREVIOUS COUNCIL ACTION: July 15, 2024 – City Council approved the second reading of agreements with Evergreen-Mineral & Santa Fe, L.L.C. and the City of Littleton for City Ditch relocation and utility crossings. June 17, 2024 – City Council approved the first reading of agreements with Evergreen- Mineral & Santa Fe, L.L.C. and the City of Littleton for City Ditch relocation and utility crossings. May 6, 2024 – City Council approved the second reading of several agreements with Toll, TBAL, and Centennial Water and Sanitation District for the relocation and piping of a portion of the McLellan Reservoir Drain Line. April 15, 2024 – City Council approved the first reading of several agreements with Toll, TBAL, and Centennial Water and Sanitation District for the relocation and piping of a portion of the McLellan Reservoir Drain Line. November 20, 2023 – City Council approved a Professional Services Agreement and a Cost Reimbursement Agreement for the McLellan Reservoir drain line relocation design. July 17, 2023 – City Council approved the second reading of agreements with Toll for City Ditch Relocation and McLellan Pump Station Land Dedication. June 20, 2023 – City Council approved the first reading of agreements with Toll for City Ditch Relocation and McLellan Pump Station Land Dedication. Page 129 of 520 SUMMARY: Two developers, Toll and TBAL, plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S. Santa Fe Drive and W. Mineral Ave in the City of Littleton for residential purposes. The City of Englewood (City) has critical raw water infrastructure within the property, including City Ditch, access to the McLellan Pump Station, and the McLellan Reservoir Drain Line (Drain Line). This infrastructure conveys raw water to the City for its drinking water and transports leased water to Centennial Water and Sanitation District. Toll relocated a portion of City Ditch through Santa Fe Park as part of their development in 2023. TBAL plans to relocate its portion of City Ditch through the River Park Development in the fall of 2024, as shown in Figure 1. Figure 1: Relocated City Ditch through the Santa Fe Park Development and Proposed Location of City Ditch Through the River Park Development. Page 130 of 520 City staff is in the process of reviewing TBAL’s construction plans for the proposed City Ditch relocation through the River Park Development, verifying that the plans satisfy the City’s design standards and support the long-term operational needs for City Ditch, the McLellan Pump Station and the Drain Line. The proposed crossing agreements and easements below will allow for City Ditch utility crossings, permit TBAL to continue work on the development and update the City’s easement access in association with the River Park and the Santa Fe Park properties. ANALYSIS: Staff recommends that the City Council approve these various agreements and easements required to protect City Ditch infrastructure and McLellan Pump Station property. Utilities staff drafted these agreements in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the easements and agreements for the proposed City Ditch utility crossings and easement for access meet the City’s needs for the future. A separate detailed memo has been prepared for each organization’s agreements and easements, and are summarized as follows: Crossing and License Agreements with Southwest Metropolitan Water and Sanitation District (SMWSD): 1. City Ditch Crossing and License Agreement with SMWSD for Crossing # 1 – 12” Waterline: This agreement between SMWSD and the City defines the terms and conditions of the utility crossing of City Ditch for a 12” waterline crossing under City Ditch at Santa Fe and West Phillips Avenue. Toll will pay the construction costs for the SMWSD crossing of City Ditch in this area. 2. City Ditch Crossing and License Agreement with SMWSD for Crossing # 2 – 16” Waterline: This crossing agreement with SMWSD includes the terms and conditions of the utility crossing of City Ditch for a 16” waterline near the southern end of the property at Santa Fe. Toll will pay the construction costs for the SMWSD crossing of City Ditch in this area. Temporary Construction Easements with Toll Southwest LLC (Toll): 1. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 1 – 12” Waterline: This temporary construction easement with Toll includes the terms and conditions for the construction of a 12” waterline under City Ditch at Santa Fe and the proposed West Phillips Avenue. 2. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 2 – Waterline: This temporary construction easement with Toll includes the terms and conditions of a 16” waterline under City Ditch near the southern end of the property at Santa Fe. City Ditch Crossing with the Public Service Company of Colorado (Xcel Energy): 1. City Ditch Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave: This crossing agreement with Xcel Energy includes the terms and conditions of the utility crossing of City Ditch. It allows for two (2) electrical lines to cross in 2-6” conduits. Xcel Energy will fund and complete the construction of the City Ditch crossing in this area. Page 131 of 520 2. City Ditch Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave: This construction easement with Xcel Energy includes the terms and conditions of the City granting construction access in the City Ditch Easement. Englewood Relinquishment and Grant of Easement with TB Angeline LLC (TBAL): 1. City Ditch Relinquishment and Grant of Easement for Santa Fe Development for Pump Station and City Ditch Maintenance: This agreement with TBAL will grant the City of Englewood new easements for City Ditch Maintenance and access to the McLellan Pump Station located on TBAL’s property and relinquish of an adjacent easement. This agreement also grants the City an access easement to the McLellan Pump Station on TBAL’s property for future rehabilitation and/or expansion of the McLellan Pump Station. Additional agreements and easements with other entities that require utility crossings of the City’s infrastructure to serve the Santa Fe Park and the River Park Development are planned to be presented to the Water and Sewer Board and City Council for consideration in September 2024. COUNCIL ACTION REQUESTED: Approve, by Ordinance, these seven agreements and easements: 1. City Ditch Crossing and License Agreement, Crossing # 1 – Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe Development 2. City Ditch Crossing and License Agreement, Crossing # 2 – Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe Development 3. City Ditch Temporary Construction Easement, Crossing # 1 – Waterline with Toll Southwest LLC for the Santa Fe Development 4. City Ditch Temporary Construction Easement, Crossing # 2 – Waterline with Toll Southwest LLC for the Santa Fe Development 5. City Ditch Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave 6. City Ditch Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave 7. City Ditch Relinquishment and Grant of Easement with TB Angeline LLC for Pump Station and City Ditch Maintenance FINANCIAL IMPLICATIONS: Xcel Energy and Toll will complete the construction associated with their respective utility crossings across City Ditch. There will be no cost to the City. CONNECTION TO STRATEGIC PLAN: Infrastructure: Proactively, in a cost-effective manner, invests, maintains, and plans to protect water infrastructure Sustainability: Infrastructure designed and maintained economically, equitably, and ecologically Protection of water resources, including rivers and streams ATTACHMENTS: Page 132 of 520 • Memo and CAS/CD Crossing & License Agreement., Crossing # 1 – Waterline SMWSD and CAS/CD Crossing & License Agreement, Crossing # 2 – Waterline with SMWSD • Memo and CAS/CD Temp. Constr. Easement, Crossing # 1 – Waterline with Toll and CAS/CD Temp. Constr. Easement, Crossing # 2 – Waterline with Toll • Memo and CAS/CD Crossing & License Agreement and CAS/CD Temp. Constr. Easement with the Public Service Company of Colorado • Memo and CAS/CD Relinquishment and Grant of Easement with TB Angeline LLC for Pump Station and City Ditch Maintenance • PowerPoint Presentation • Ordinance #36 Page 133 of 520 TO: Mayor and Council FROM: Pieter Van Ry, Englewood Utilities and South Platte Renew Director Sarah Stone, Utilities Deputy Director – Business Solutions and Engineering Tasha Neel, Utilities Engineer II DATE: August 19, 2024 Re: Crossing and License Agreements with Southwest Metropolitan Water and Sanitation District for Utility Crossings across City Ditch EXECUTIVE SUMMARY Utilities staff is seeking City Council approval of two Crossing and License Agreements with Southwest Metropolitan Water and Sanitation District (SMWSD) for two (2) waterline utility crossings across City Ditch at Santa Fe Park. The Water and Sewer Board recommended Council approve the two (2) City Ditch Crossing and License Agreements with SMWSD at its August 13, 2024 meeting. BACKGROUND Two developers, Toll Southwest LLC (Toll) and TB Angeline LLC (TBAL), plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S. Santa Fe Drive and W. Mineral Ave in the City of Littleton for residential purposes. The City of Englewood (City) has critical raw water infrastructure within the property, including City Ditch. This infrastructure conveys raw water to the City for its drinking water. Toll relocated a portion of City Ditch through Santa Fe Park as part of their development in 2023. TBAL plans to relocate its portion of City Ditch through the River Park Development in the fall of 2024. The two proposed waterline utility crossings for SMWSD are shown in Figure 1. Figure 1: Two Proposed Crossing and License Agreements of City Ditch for SMWSD Page 134 of 520 City staff is in the process of reviewing TBAL’s construction plans for the proposed City Ditch relocation through the River Park Development, verifying that the plans satisfy the City’s design standards and support the long-term operational needs for City Ditch. In order to supply a looped water system for the Santa Fe Park Development, SMWSD needs two (2) separate waterline crossings below City Ditch. These waterlines will be constructed by Toll. ANALYSIS Staff recommends that the City Council approves the two (2) proposed Crossing and License Agreements with SMWSD required to protect City Ditch infrastructure. Utilities staff drafted these agreements in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the agreements for the proposed City Ditch utility crossings meet the City’s needs for the future. The summary of these agreements are as follows: Crossing and License Agreements with Southwest Metropolitan Water and Sanitation District (SMWSD): 1. City Ditch Crossing and License Agreement with SMWSD for Crossing # 1 – 12” Waterline: This agreement between SMWSD and the City defines the terms and conditions of the utility crossing of City Ditch for a 12” waterline crossing under City Ditch at Santa Fe and West Phillips Avenue. Toll will pay the construction costs for the SMWSD crossing of City Ditch in this area. 2. City Ditch Crossing and License Agreement with SMWSD for Crossing # 2 – 16” Waterline: This crossing agreement with SMWSD includes the terms and conditions of the utility crossing of City Ditch for a 16” waterline near the southern end of the property at Santa Fe. Toll will pay the construction costs for the SMWSD crossing of City Ditch in this area. Additional agreements with other entities that require utility crossings of the City’s infrastructure to serve the Santa Fe Park development are planned to be presented to the Water and Sewer Board and City Council for consideration in September 2024. FINANCIAL IMPLICATIONS Toll will complete the construction associated with the SMWSD waterline crossings across City Ditch. There will be no cost to the City. CONNECTION TO STRATEGIC PLAN Infrastructure: • Proactively, in a cost-effective manner, invests, maintains, and plans to protect water infrastructure Sustainability: • Infrastructure designed and maintained economically, equitably, and ecologically • Protection of water resources, including rivers and streams PROPOSED MOTION Motion to approve, by Ordinance, the City Ditch Crossing and License Agreement, Crossing # 1 – Waterline and City Ditch Crossing and License Agreement, Crossing # 2 – Waterline both with Southwest Metropolitan Water and Sanitation District for the Santa Fe Development. Page 135 of 520 ATTACHMENTS CAS/CD Crossing and License Agreement, Crossing # 1 – Waterline with SMWSD, Santa Fe Development CAS/CD Crossing and License Agreement, Crossing # 2 – Waterline with SMWSD, Santa Fe Development Page 136 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 10/3/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email 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 Southwest Metropolitan Water & Sanitation 8739 W. Coal Mine Ave City Ditch Crossing Agreement Littleton n/a City Ditch Crossing Agreement (Santa Fe Park Development, Crossing #1 - Waterline with SMWSD) $ - $ - $ - Tasha Neel Utilities Engineer II c: 720.610.0943 TNeel@englewoodco.gov City of Englewood, Colorado CONTRACT APPROVAL SUMMARY City Ditch Crossing and License Agreement with SMWSD for Crossing # 1 – 12” Waterline: This agreement between SMWSD and the City defines the terms and conditions of the utility crossing of City Ditch for a 12” waterline crossing under City Ditch at Santa Fe and West Phillips Avenue. Toll will pay the construction costs for the SMWSD crossing of City Ditch in this area. Staff recommends that the Water and Sewer Board support City Council’s approval of two (2) Crossing and License Agreements with SMWSD required to protect City Ditch infrastructure. Utilities staff drafted these agreements in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the agreements for the proposed City Ditch utility crossings meet the City’s needs for the future. Renewal options available Crossing Agreement is effective as the date of approval of the Agreement by the City and shall continue in effect for a period of 50 years. Term of the Agreement shall automatically be extended for two (2) additional 15-year renewal terms. 80123 Payment terms (please describe terms or attached schedule if based on deliverables) 720.726.5046 calane@plattecanyon.org Cynthia Lane Page 137 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Project # / Task #Fund Division Account Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 Line Item Description Year Solicitation Name and Number: NOTES/COMMENTS (if needed): n/a Solicitation Evaluation Summary/Bid Tabulation 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 138 of 520 CITY DITCH CROSSING AGREEMENT (Santa Fe Park Development, Crossing # 1 – Waterline) This City Ditch Crossing Agreement (“Agreement”) is effective as of the day of __________________, 2024 and is between the City of Englewood, a Colorado municipal corporation (“City”) and the Southwest Metropolitan Water and Sanitation District, a quasi- municipal corporation and political subdivision of the State of Colorado (“Licensee”). RECITALS A. The City owns and operates a ditch known as City Ditch that provides a water supply to Englewood and other water users (“City Ditch”); and B. The City owns a right-of-way for the City Ditch (“City Ditch Right-of-Way”) that crosses property owned by Toll Southwest, LLC located in the City of Littleton that is shown on the Santa Fe Park South Subdivision Filing No. 1 Final Plat, recorded March 24, 2023 at Reception No. E3019014; and C. The City is authorized to manage and use the City Ditch Right-of-Way and to the extent permitted by law regulate the installation of devices and structures within the City Ditch Right-of-Way pursuant to its authority as the owner of the right-of-way and owner and operator of the ditch, and its other governmental powers and authority; and D. Toll Southwest, LLC desires to install or had installed a 12 inch diameter water main and related appurtenances (“Facilities”) within a portion of the City Ditch Right-of-Way at the locations described and depicted on Exhibit 1 as attached hereto, pursuant to a separate Water Main Extension Agreement with Licensee dated _________, 2024. Once the Facilities are conditionally accepted by Licensee, and subject to Licensee’s customary acceptance procedures, the Facilities will be transferred or otherwise conveyed to Licensee; and E. Once Licensee has finally accepted the Facilities, Licensee will own, operate, maintain, repair and replace (“Operate”) the Facilities; and F. Licensee desires to occupy and use the City Ditch Right-of-Way for the purposes described above; and G. Licensee desires to obtain a license from the City to cross and occupy the City Ditch Right- of-Way for the purposes described above; and H. Licensee will Operate the Facilities in a manner that is consistent with and does not unreasonably interfere with the City Ditch or any related lateral or the subjacent support therefore; and Page 139 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 2 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 I. The City is willing to grant Licensee a license to use and occupy a portion of the City Ditch Right-of-Way for the operation, maintenance, repair, and replacement (“Operation”) of the Facilities subject to the terms and conditions described herein and other applicable law; and J. The City, without warranting its title or interest whatsoever, hereby authorizes Licensee to Operate the Facilities within those portions of the City Ditch Right-of-Way identified on Exhibit 1, pursuant to this Agreement and applicable law. NOW, THEREFORE AND IN CONSIDERATION of mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: SECTION 1. Definitions Affiliate means any person or entity controlling, controlled by, or under the common control with Licensee. Claim(s) means and includes allegations, assessments, taxes, impositions, proceedings, liabilities, obligations, losses, claims of personal injury, bodily injury, sickness, disease, death, property damage, destruction, loss of use, financial harm, or other impairment, penalties, fines, damages, suits, actions, payments, judgments, demands, expenses and costs, including, but not limited to, attorney’s fees incurred through all appeals. Facilities means anything installed by Toll Southwest, LLC or Licensee in the City Ditch Right- of-Way under this Agreement or the related Water Main Extension Agreement between Toll Southwest, LLC and Licensee. The term “Facilities” includes but is not limited to the 12 inch diameter water main and related appurtenances and any existing or new related infrastructure installed, operated, repaired or maintained by Toll Southwest, LLC or Licensee within the City Ditch Right-of-Way. Hazardous Substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos. Parties collectively means the City of Englewood and Licensee. Public Emergency means any condition which, in the opinion of City officials, poses an immediate threat to the lives or property of the citizens of Englewood or others caused by any natural or man-made disaster, including but not limited to, storms, floods, fire, accidents, explosions, major water main breaks, hazardous material spills, etc. Site License means, as applicable, any site-specific license issued to Licensee pursuant to the terms of this Agreement, attached as Exhibit A hereto. Sublicensee means Toll Southwest, LLC. Page 140 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 3 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 Use Area means the portions of the City Ditch Right-of-Way designated on a Site Plan or other plan (as defined in the applicable exhibit) that Licensee, it’s contractors, invitees, or sublicensee, is allowed to use and/or occupy under a Site License and pursuant to this Agreement. SECTION 2. Permission to Use City Ditch Right-of-Way 2.1 The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City Ditch Right-Of-Way, at any time and in such manner as the City deems necessary. The City reserves the exclusive right to control all its installations and construction within the City Ditch Right-of-Way. Except as specifically authorized in writing, Licensee shall not interfere with, obstruct, modify, or otherwise in any way adversely impact the City’s use of the City Ditch. In the event Licensee’s Facilities should interfere with any future use of the City Ditch Right-of-Way by the City, the Licensee shall upon request, , and at its sole expense, relocate, rearrange, or remove its Facilities so as not to interfere with any such City use. In granting this authorization, the City reserves, to the extent permitted by law, the right to make full use of the City Ditch Right-of-Way as may be necessary or convenient in the operation of the Ditch and the City’s water system. 2.2 Subject to the provisions of this Agreement and applicable law, City hereby grants to Licensee, its employees, agents, Contractor(s) and Sublicensee permission to use designated portions of the City Ditch Right-of-Way subject to and conditioned upon Licensee’s full, timely, complete and faithful performance of all obligations to be performed or required hereunder by Licensee, and Licensee hereby accepts the terms and conditions of this Agreement. It is the responsibility of Licensee to determine if the Use Area is within the City Ditch Right-of-Way, through a title report or other means. If the Use Area does not lie within the City Ditch Right-of-Way, it is Licensee’s sole responsibility to secure the necessary rights for its Facilities. 2.3 By way of explanation, Sublicensee can use the Use Area for the installation and/or maintenance of the Facilities during Sublicensee’s warranty period, and thereafter, Licensee can use the Use Area for the Operation of Licensee’s Facilities as described in a Site License substantially in the form of Exhibit 1 and shall conduct no other activity at or from those designated portions of the City Ditch Right-of-Way beyond the authority granted by this Agreement and a Site License issued hereunder. 2.4 All other uses of the City Ditch Right-of-Way under this Agreement are prohibited. Should Licensee seek to use the City Ditch Right-of-Way for other purposes, it must enter into a separate agreement with the City to do so. 2.5 The authority to install and Operate the Facilities in the City Ditch Right-of-Way granted herein authorizes Licensee to: (i) authorize its Sublicensee to install and/or maintain during Sublicensee’s warranty period, the Facilities, and (ii) further authorizes Licensee to thereafter Operate the Facilities, but does not authorize the installation or Operation of any other facilities that are not expressly provided for in this Agreement and that are materially different therefrom. Page 141 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 4 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 2.6 Licensee shall comply with all applicable laws as amended from time to time, including but not limited to, Colorado and federal law in the exercise and performance of its rights and obligations under this Agreement. 2.7 This Agreement authorizes Licensee’s Sublicensee to construct and/or maintain the Facilities during Sublicensee’s warranty period and thereafter authorizes Licensee to Operate the Facilities within the City Ditch Right-of-Way. This Agreement does not authorize a customer of Licensee to operate, manage or maintain Licensee’s Facilities in the City Ditch Right-of-Way. 2.8 Licensee shall not be required to obtain City Permits or pay any fees for the work described herein that may otherwise be applicable. 2.9 Licensee shall not trim or cut down any trees, shrubs, or brush on the City Ditch Right-of-Way without permission of the City, which shall not be unreasonably withheld, conditioned, or delayed. When required by City, Licensee, at its expense, shall trim or cut down trees, shrubs or brush and remove and dispose of cutting debris to the reasonable satisfaction of City with respect to any trees, shrubs, or brush on the City Ditch Right-of-Way. SECTION 3. Non-Exclusive Rights/Priority Rights 3.1 The Site License is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar permissions or privileges within the City Ditch Right-of Way to any other person, firm or corporation, or deny to or lessen the powers and privileges granted to City under the City Charter, the Colorado Constitution and laws of the State of Colorado. 3.2 Any and all rights granted to Licensee under this Agreement, which shall be exercised at no cost or expense to City, shall be subject to the prior and continuing right of City to use the City Ditch Right-of-Way exclusively or concurrently, with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title which may affect the City Ditch Right-of-Way. 3.3 Any right or privilege claimed pursuant to this Agreement by Licensee for any use of any right- of-way shall be subordinate to: A) any prior lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. The rights and privileges granted in this Agreement shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee’s sole responsibility to determine the existence of said documents or conflicting uses or installations. 3.4 There is hereby reserved to the City every right and power required pursuant to this Agreement that is reserved. Licensee by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action of the City in its exercise of such rights or power pursuant to the City Ditch Right-of-Way. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. Page 142 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 5 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 3.5 By executing this Agreement, the City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of the City Ditch Right-of-Way, or that revenues received by any public utility or other property owner from Licensee, by virtue of Licensee’s use of the City Ditch Right-of- Way be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its facilities and/or the City Ditch Right-of-Way, and for that purpose to require Licensee, , at no expense to the City, to relocate Licensee’s Facilities in order to accommodate the activities of the City within a reasonable period of time after receiving notice to relocate,. The City shall not be liable for lost revenues sustained by Licensee, however caused, because of damage, modification, alteration, or destruction of its Facilities in the City Ditch Right- of-Way, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the City Ditch Right-of-Way, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations and do not arise from the City’s negligent or wrongful acts. SECTION 4. Regulatory Conditions Relating to Right-of-Way Usage 4.1 For purposes of this Agreement, whenever work is done in the City Ditch Right-of-Way relating to this Agreement, Licensee agrees that it will cause its agents, Contractor(s) and Sublicensee to agree to all of the terms and conditions set forth in this Agreement and that said Contractor(s), agents, and Sublicensee shall be responsible for their own negligent or wrongful acts, errors, omissions, and that the obligations of Sections 4 and 5 are imposed on both Licensee and any agent, Contractor or Sublicensee. 4.2 Licensee is responsible for ensuring that its Facilities are constructed, managed, installed, operated and/or maintained in accordance with applicable law. 4.3 Licensee’s use of the City Ditch Right-of-Way and any other easements under the control of the City shall be according to plans attached to a Site License and approved by the City as submitted, provided that such approval shall not be unreasonably withheld or delayed. 4.4 Licensee’s Facilities to be constructed, installed, operated, maintained, upgraded and removed hereunder shall be located so as to interfere as little as possible with the operation and maintenance of the City Ditch or other prior authorized uses within the City Ditch Right-of-Way and other easements. Any phases of construction and/or installation of the Facilities, as well as the location of said Facilities shall be subject to regulation by the City as allowed by law. 4.5 Licensee and its employees, agents, Contractor(s) and Sublicensee shall be subject to the City’s exercise of such regulatory and other powers within the City Ditch Right-of-Way as it now has or may later obtain, and Licensee may not waive the application of the same. City shall have supervision over any Facilities located within or on the City Ditch Right-of-Way. Page 143 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 6 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 4.6 Clean Up. Licensee and/or its Contractor(s) and Sublicensee, as soon as practical following the installation, in the case of Sublicensee, and the Operation, in the case of Licensee of the Facilities, remove all temporary construction materials and equipment, debris, and unused materials provided for in the work, and restore the surface of the City Ditch Right-of-Way to the same condition that existed prior to such entry thereon by Licensee or its Contractor(s) or Sublicensee, to the extent reasonable, except as necessary to accommodate Licensee’s Facilities. 4.7 Graffiti Removal. Licensee shall at all times keep and maintain its Facilities free of all graffiti. City shall notify Licensee in writing if graffiti is on the Facilities. If Licensee fails to remove the graffiti within thirty (30) days after notice in writing is received, City shall have the right to remove any graffiti present. Licensee shall reimburse City for all reasonable costs directly attributable to such abatement within thirty (30) days of City’s presenting Licensee with a statement of such costs. 4.8 Safety. Licensee or Licensee’s Contractor(s), if the work is being done by Licensee’s Contractor(s), shall be solely and completely responsible for the conditions of any job site where the Facilities are being placed, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable federal (including OSHA), state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. Licensee’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve Licensee from compliance with these provisions. 4.9 Damage. If Licensee, as a result of its negligence or wrongful acts, damages City or private property, Licensee shall promptly, at its own expense, and in a manner reasonably acceptable to the City, repair the damage. If Licensee fails to do so, the property owner may repair the damage at its own reasonable expense, and Licensee shall reimburse the property owner within thirty (30) days of invoicing. SECTION 5. Plan Approval, Permits, and Inspection 5.1 No Facilities shall be installed, constructed, replaced, located on, or attached to any property within the City Ditch Right-of-Way until Site License (attached as Exhibit A) from the City has been approved and executed. Additionally, Licensee, its Contractor(s) and Sublicensee shall comply with all applicable law governing the City Ditch Right-of-Way. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to Licensee’s use of the City Ditch Right-of-Way as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-governmental users of the City Ditch Right-of-Way.. 5.2 If not already approved by City, Licensee shall submit the applicable details, plans, and specifications for City review and approval prior to any and all construction work performed pursuant to the rights granted under this Agreement. Licensee, its Contractor(s) and Sublicensee shall abide by all stipulations of the Site License issued. If Licensee desires to change the location Page 144 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 7 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 of any Facilities, including any related Facilities from that set forth in the Site License, Licensee shall apply for and obtain approval for an amendment to the Site License prior to installation or construction. 5.3 City will approve or deny such Site Licenses based on the availability of space at the location sought by Licensee, safety, and other considerations in accordance with applicable law. Licensee, its Contractor(s) and Sublicensee shall comply with the terms of any Site License. 5.4 Any new underground facilities placed in the City Ditch Right-of-Way will be constructed using industry standard horizontal directional drilling and trenching construction methods. Licensee, its Contractor(s) and Sublicensee installations will be done using industry standard practices and in full compliance with any applicable Site License. 5.5 If Licensee desires to change the components of the Facilities that will impact the City Ditch Right-of-Way, written approval of such change must be obtained from the City. 5.6 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this Agreement and to make such tests as it shall find necessary to meet City standards to ensure compliance with the terms of this Agreement and other applicable law. 5.7 Licensee shall also provide and identify a representative, such as a project manager, who shall be the contact person for the City during any construction periods. The Licensee shall provide a contact number for emergencies that occur outside of regular business hours and shall provide this contact number to the City in advance of each construction activity/permitted installation. 5.8 Whenever Licensee, its Contractor(s) or Sublicensee shall cause any opening or alteration to be made for any purpose in any City public streets, or public places, the opening or alteration shall be completed and restored with due diligence within seven (7) business days. Licensee shall upon the completion of the opening or alteration, restore the property, improvements or landscaping disturbed by Licensee or its Contractor(s) to a condition substantially comparable to the condition before the opening or alteration and the restoration shall be performed with due diligence within a reasonably prompt time. SECTION 6. Maintenance/Modifications 6.1 Except for warranty work or maintenance required to be performed by Sublicensee prior to final acceptance of the Facilities by Licensee, maintenance of all Facilities shall be performed by Licensee at Licensee’s sole cost and expense. Licensee or Sublicensee, as applicable, will be responsible for obtaining the appropriate approvals for work in the City Ditch Right-of-Way in order to access the Facilities. 6.2 Licensee will Operate the Facilities in accordance with applicable law. 6.3 Damaged or deteriorated components must be corrected within forty-eight (48) hours of notification, if practical. If the components are taken out of service, Licensee must remove them Page 145 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 8 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 as soon as practical or abandon the components in place if approved by the City, which approval shall not be unreasonably withheld, conditioned, or delayed. 6.4 Any upgrade and/or modification to the Facilities, other than a like for like replacement, will need specific approval from the City and require Licensee to submit the information required. Any approval required from the City must be obtained in writing from the City Manager or their designee which approval shall not be unreasonably withheld, conditioned, or delayed. SECTION 7. Traffic Control 7.1 Except for the initial installation of the Facilities that will be performed by Sublicensee, Licensee shall have the full responsibility and liability for any traffic control for work performed by Licensee or its Contractors. Sublicensee shall have responsibility for traffic control for the initial installation of the Facilities. SECTION 8. Hazardous Substances 8.1 Licensee agrees it will not produce or knowingly dispose, treat, use, generate, store any Hazardous Substances on, under, above or within the area of the City Ditch Right-of-Way in violation of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601, et. seq.; the Resource Conservation and Recovery Act., 42 U.S.C. § 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; or any other federal, state, county, or local law or regulation. Licensee may not use the City Ditch Right-of-Way in a manner that would require a permit or approval related to Hazardous Substances from any governmental agency other than the City. Licensee, to the extent permitted by law and subject to all of the protections, defenses, immunities and limitations afforded Licensee by the Colorado Governmental Immunity Act, will indemnify and hold City harmless against any loss or liability incurred by reason of any Hazardous Substance produced, knowingly disposed of, or used by Licensee pursuant to this Agreement, to the extent permitted by Colorado law, and must immediately notify City of any Hazardous Substance discovered at any time that is unlawfully present upon the City Ditch Right- of-Way. 8.2 Licensee understands the hazards presented to persons, property, and the environment by dealing with Hazardous Substances. Licensee acknowledges the possibility that the City Ditch Right-of-Way may contain actual or presumed asbestos and other Hazardous Substances containing materials. SECTION 9. On-Call Assistance Licensee shall be available to employees of any City department twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the Operation of its Facilities, at the phone number provided below. Licensee shall use reasonable efforts to respond to any issues within the time frames specified in this Agreement. Licensee shall handle or otherwise make arrangements to address any necessary problems or complaints that require a physical presence. Page 146 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 9 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 SECTION 10. Mapping Requirement 10.1 Licensee shall maintain Record Drawings of its Facilities located within the City Ditch Right- of-Way and furnish a copy electronically in an electronic-compatible mapping format (in a mapping format compatible with the current City electronic mapping format as specified by the City). Upon completion of new or relocation construction of underground Facilities in the City Ditch Right-of-Way, Licensee shall create and maintain up-to-date maps of all Facilities located in the City Ditch Right-of-Way and verifiable horizontal and vertical location information and will make this information available to the City upon the installation of any new Facilities. Licensee will also provide surface-location marking of any of Licensee’s Facilities that are located underground within the City Ditch Right-of-Way within ten (10) business days of installation. 10.2 In the event Licensee fails to supply records in the City specified format and there is a cost to the City in converting Licensee-provided files, Licensee will be responsible for the conversion costs and will pay such reasonable costs within thirty (30) days of the City invoicing the amount due. SECTION 11. Relocation 11.1 Licensee shall relocate at no expense to the City any Facilities or other encroachment installed or maintained in, on or under the City Ditch Right-of-Way by Licensee or Sublicensee, as may be necessary to facilitate improvements to the City Ditch within the Use Area. 11.2 Licensee agrees to notify the City and seek necessary approvals prior to removing, abandoning, relocating, or reconstructing any portion of its Facilities within the City Ditch Right- of-Way. Notwithstanding the foregoing, City understands and acknowledges there may be instances when Licensee is required to make repairs that are of an emergency nature or in connection with an unscheduled disruption of the Facilities. Licensee will maintain any necessary approvals required by the City for such maintenance and emergency repairs. Licensee will notify City before the repairs and will apply for and obtain the necessary approvals in a reasonable time after notification. 11.3 If the City, after providing at least thirty (30) days prior written notice to Licensee, needs to perform any part of the necessary relocation or removal work that has not been done within the time required by the City, Licensee shall reimburse the City for reasonable costs within thirty (30) days of City invoicing. SECTION 12. Damage to Public Property 12.1 Whenever the installation, use, maintenance, removal, or relocation of any of Licensee’s Facilities is required or permitted by Licensee under this Agreement, and such installation, removal, or relocation by Licensee damages or disturbs the surface or subsurface of the City Ditch Right-of-Way or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, Licensee, at its sole cost and expense, shall promptly restore the surface or subsurface of the City Ditch Right-of-Way or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, Page 147 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 10 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 to as good a condition as before in accordance with applicable laws, normal wear and tear excepted. If Licensee does not repair the damage or disturbance as just described, then City shall have the option, upon fifteen (15) days prior written notice to Licensee, to perform or cause to be performed such reasonable and necessary work on behalf of Licensee and to charge Licensee for the actual reasonable costs incurred by the City at City’s standard rates. 12.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to Licensee, such reasonable and necessary work on behalf of Licensee to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City. The City shall provide written notice to Licensee of the repairs as soon as practicable after the work has begun. Licensee agrees that any severed or damaged portion of the City Ditch must be completely repaired or replaced. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs, relocation and/or removal costs from Licensee. 12.3 Upon the receipt of a demand for payment by City, Licensee shall promptly reimburse City for such reasonable costs subject to annual appropriation and budgeting of funds for that purpose. SECTION 13. Public Emergency Disruption by City The City shall have the right, because of a Public Emergency, as it relates to the City Ditch, to alter, relocate, sever, disrupt, remove, tear out, dig up, or otherwise damage and/or destroy Facilities of Licensee without any prior notice to Licensee, if the action is deemed necessary by either the City Manager, Police Chief, City Engineer, or Director of Utilities or designee. In such event, neither the City nor any agent, contractor or employee of City shall be liable to Licensee, its Contractors or its customers or their parties for any harm so caused to them or the Facilities. When practical and if possible, City will consult with Licensee in advance to assess the necessity of such actions and to minimize to the extent practical under the circumstances damage to and disruption of operation of the Facilities. City shall inform Licensee of any actions taken. Licensee shall be responsible for repair at its sole expense of any of its Facilities damaged pursuant to any such action taken by City. SECTION 14. Public Safety 14.1 If any of Licensee’s Facilities or activities present any immediate hazard or impediment to the public, to the City, to other improvements or activities within or outside of the City Ditch Right-of-Way, or to City’s ability to safely and conveniently operate the City Ditch Right-of-Way or perform City’s utility, public safety and/or other public health, safety, and welfare functions, then Licensee shall immediately comply with City’s request to secure the area, and otherwise cooperate with City at no expense to City to remove any such hazard or impediment. 14.2 In the event that the Licensee is unable to remedy the hazard, then the City may make necessary repairs to eliminate any safety hazards, at Licensee’s sole expense. Page 148 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 11 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 SECTION 15. City’s Reserved Rights Any applicable zoning processes, building permit processes, right-of-way management policies, and similar regulatory requirements that apply to Licensee’s Facilities and/or related Facilities are completely separate from the plans approval processes under this Agreement. Licensee’s satisfaction of any regulatory requirement does not substitute for compliance with any requirement of this Agreement or constitute approval of any plans for the purposes of this Agreement. SECTION 16. Non-use/Abandonment of the Facilities 16.1 An “Abandoned Facility” means a Facility no longer in service or physically disconnected. If Licensee ceases to provide services or abandons use of any of its Facilities for more than two (2) years, the Facility shall be deemed an Abandoned Facility and Licensee shall notify the City. The City may require Licensee, to the reasonable satisfaction of the City and without cost or expense to the City, at Licensee’s election to either remove the Facilities or to fill the Facilities with sand or other comparable material and to restore the public property and City Ditch Right-of- Way to a reasonable condition under the supervision of the City within a reasonable period of time after abandonment. 16.2 Title to any and all personal property installed by Licensee upon the City Ditch Right-of-Way that is not timely removed shall automatically vest in City, at City’s sole option. 16.3 Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate. SECTION 17. Contractors 17.1 The specific independent Contractors identified and used by Licensee for the construction activities to expand and extend Licensee’s Facilities and Use Area shall be provided to and approved by the City prior to issuance of any Site License, such approval shall not be unreasonably withheld, delayed, conditioned, or denied. Any Contractors performing construction work within the City Ditch Right-of-Way or public easements shall comply with licensing requirements applicable to Colorado contractors. 17.2 Each Contractor shall have the same obligations with respect to its work as Licensee would have if Licensee performed the work. With respect to any Licensee Contractor performing work within the City Ditch Right-of-Way, Licensee shall: (i) be responsible for ensuring that the work is performed consistent with this Agreement and other applicable law, (ii) that any defective work is promptly corrected, and (iii) shall implement a quality control program designed to ensure that the work contemplated by this Agreement is performed in accordance with this Agreement. 17.3 Licensee shall furnish separate insurance certificates and endorsements for each independent Contractor and its Sublicensee. All coverages for independent Contractors and Sublicensee shall be subject to substantially similar requirements stated herein for Licensee. Page 149 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 12 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 17.4 Compliance with the Immigration Reform and Control Act of 1986. To the extent required by law, Licensee certifies that Licensee has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Licensee to perform this contract have completed and signed Form I-9 verifying their identities and authorization for employment. SECTION 18. Limitation of Liability 18.1 Licensee expressly acknowledges that Licensee’s Facilities are exposed to many risks beyond the reasonable control of City, including acts of God or the public enemy, such as but not limited to, wind, rain, sleet, ice, floods, fire, riots, sabotage, expropriation, or confiscation of facilities. Except as expressly provided in this Agreement, Licensee shall assume all risk of loss to Facilities that may arise in connection with these hazards, except to the extent attributable to any negligent or wrongful act of the City. 18.2 CITY HEREBY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF CITY DITCH RIGHT OF WAY AND/OR THE FACILITIES(S) FOR LICENSEE’S INTENDED PURPOSE. 18.3 Licensee acknowledges and agrees that Licensee bears all risk of loss or damage to the Facilities installed in the City Ditch Right-of-Way pursuant to this Agreement from any cause, except for the cost of repairs to damaged Facilities to the extent caused by the negligence or willful misconduct of the City and not covered by the Licensee’s insurance. IN NO EVENT, HOWEVER, SHALL CITY BE LIABLE TO LICENSEE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM ANY LOSS OR DAMAGE TO LICENSEE’S FACILITIES, REGARDLESS OF WHETHER THE CITY WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY OR BASIS FOR SUCH CLAIM. 18.4 The City and its officers, agents, elected or appointed officials, employees, departments, boards, and commissions shall not be liable to Licensee or to its affiliates or customers for any interference with or disruption in the operations of Licensee’s Facilities or the provision of services, or for any damages arising out of or materially related to Licensee’s use of the City Ditch Right-of-Way, except to the extent of intentional misconduct or gross negligence on the part of the City, its officers, agents, elected or appointed officials, employees, departments, boards and commissions. 18.5 Licensee also agrees that it shall have no recourse whatsoever against the City or its officials, boards, commissions, agents or employees for any loss, costs, expense, or damages arising out of or materially related to any provision or requirement of the City because of the enforcement of this Agreement. Page 150 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 13 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 SECTION 19. Term and Renewal 19.1 This Agreement shall be effective as of the date of approval of the Agreement by the City (the “Effective Date”) and unless sooner terminated in accordance with other provisions of this Agreement, shall continue in effect for a period of 50 years. 19.2 The term of this Agreement shall automatically be extended for two (2) additional 15-year renewal terms, unless Licensee gives written notice of its intent to terminate the Agreement no later than six (6) months prior to the end of the Initial Term or Renewal Term (as applicable). The word “Term” will refer to both the Initial Term and any Renewal Term(s). 19.3 Licensee may terminate any Site License at any time during any Site License Term upon ninety (90) days prior written notice. However, Licensee does not have the right to terminate any time after an event of default by Licensee has occurred (or an event has occurred that would become a default after passage of time or giving of notice). Termination of any Site License shall not affect Licensee’s liabilities and obligations incurred under such Site License prior to the effective date of such termination. 19.4 Licensee’s financial obligation under this Agreement are expressly subject to the annual appropriation and budgeting of funds therefore, as required by Colorado Law. SECTION 20. Termination by Licensee 20.1 Licensee may terminate this Agreement prior to its date of expiration by providing the City with ninety (90) days written notice and only upon making arrangements satisfactory with the City to remove all Licensee’s Facilities from the City Ditch Right-of-Way, unless the City agrees in writing to allow Licensee to abandon part or all of its Facilities in place, which approval the City agrees will not be unreasonably withheld, conditioned or delayed. If the City agrees to allow Licensee to abandon its Facilities in place the ownership of such Facilities, including everything permitted by City to be abandoned in place, shall, at the City’s option, transfer to City and Licensee shall cooperate to execute any documents necessary to accomplish such transfer within thirty (30) days of such allowance of abandonment. 20.2 Unless the City has consented to allow Licensee to abandon part or all of its Facilities in place, upon termination of this Agreement, Licensee shall remove all of its Facilities within a reasonable period of time or to fill the Facilities with sand or other comparable material. SECTION 21. Conflicts Between Applicable Law and Contracting Documents In the event of any conflict between the Site License and this Agreement, and any Exhibits to this Agreement including any Site License, the controlling authority shall be first this Agreement; and second, any Exhibit to this Agreement/Site License. Page 151 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 14 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 SECTION 22. Termination by City 22.1 City may, in addition to seeking any other remedy available to it, terminate this Agreement to occupy space in the City Ditch Right-of-Way if Licensee neglects or refuses to comply with any of the provisions of this Agreement beyond all applicable cure periods and fails within thirty (30) days after written notice from City to correct such neglect, refusal, or default provided Licensee shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and Licensee commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. In the event any default is limited solely to one or more Site Licenses, but not the Agreement as a whole, the City’s termination right shall be limited to those Site Licenses under which Licensee is in default beyond any applicable cure period. 22.2 Licensee’s failure to pay any amounts owed to the City after notice of such deficiency and the opportunity to cure as provided by this Agreement shall be cause for the City to terminate the applicable Site License. 22.3 This Agreement shall terminate, without notice, (i) upon the institution by or against either Party of insolvency, receivership, or bankruptcy proceeding or any other proceedings for the settlement of either Party’s debts, (ii) upon either Party making an assignment for the benefit of creditors, or (iii) upon either Party’s dissolution or ceasing to do business. SECTION 23. Licensee’s Records 23.1 During the entire term of this Agreement, Licensee shall keep records and provide information to the City upon request relating to the status of the construction, repair, location, or relocation of Licensee’s Facilities. 23.2 If necessary for the City to determine Licensee’s compliance with the terms of this Agreement or other applicable law, within ten (10) days of written notice by City of a request for disclosure, Licensee shall provide relevant documentation as requested by City, respond to questions, and produce relevant books and records for the City’s inspection and copying. Such records shall be available to City at Licensee’s most proximate place of business within Colorado. Licensee shall also require its employees, agents, and accountants to give their full cooperation and assistance in connection with City’s access to such records. SECTION 24. Penalties for Violation of Terms 24.1 The City may pursue any remedy at law, including but not limited to injunctive relief, civil trespass, and withholding other City authorizations until Licensee complies with the terms of the Agreement or the applicable law. 24.2 Such remedies are cumulative and may be pursued in the alternative. Page 152 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 15 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 SECTION 25. NOTICE 25.1 All notices, which shall or may be given pursuant to this Agreement and shall be effective on receipt, shall be in writing and transmitted through both email and US Mail, postage prepaid as follows: CITY OF ENGLEWOOD: City of Englewood – Utilities Department Email: utilities@englewoodco.gov 1000 Englewood Parkway Englewood, Colorado 80110-2373 With copies to: Englewood City Attorney’s Office cao@englewoodco.gov 1000 Englewood Parkway Englewood, Colorado 80110-2373 LICENSEE: Southwest Metropolitan Water and Sanitation District Cynthia Lane, Manager calane@plattecanyon.org 8739 W. Coal Mine Avenue Littleton, CO 80123 After-hours emergency phone: 720.726.5046 With copies to: Timothy J. Flynn tflynn@cogovlaw.com Collins Cole Flynn Winn & Ulmer, PLLC 165 S. Union Blvd., Suite 785 Lakewood, CO 80228 25.2 Either party may from time to time designate any other address for this purpose by written notice to the other party in the manner set forth above. 25.3 Licensee shall notify the City within ten (10) business days of any change in mailing address. SECTION 26. Governing Law 26.1 It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Colorado, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts located within Arapahoe County, Colorado, or within any federal district court within the State of Colorado. Page 153 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 16 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 26.2 Provisions Required By Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. SECTION 27. Partial Invalidity If any section, paragraph, subdivision, clause, phrase, or provision of this Agreement shall be adjudged invalid or unenforceable, or is preempted by federal or state laws or regulations, the same shall not affect the validity of this Agreement as a whole or any part of the provisions of this Agreement other than the part adjudged to be invalid, unenforceable, or preempted. SECTION 28. Non-Waiver Licensee shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. SECTION 29. Force Majeure With respect to any provision of this Agreement, the violation or non-compliance of which could result in the imposition of a financial penalty, forfeiture or other sanction upon Licensee, such violation or non- compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by Licensee and is beyond its reasonable control. SECTION 30. Dispute Resolution 30.1 If any dispute or claim arises out of the interpretation, performance or breach of this Agreement, the Parties agree that upon the written demand of either Party, they will meet within two (2) weeks of such demand to attempt in good faith to resolve the dispute. The meeting will be attended by representatives of both Parties having the authority to resolve the dispute. 30.2 Notwithstanding the provisions of Englewood Municipal Code Section 4-1-3-4(D)(8), if the dispute is not resolved within a reasonable time, the disputing Parties are free to use other remedies upon mutual written consent, such as mediation or nonbinding arbitration. Absent mutual agreement, the Parties may pursue litigation to resolve the dispute. SECTION 31. Amendments, Modifications or Supplements This Agreement may not be amended, modified, or supplemented except by an authorized representative of each party in a written agreement signed by both Parties. The City Manager or designee shall be considered an authorized representative for the City. SECTION 32. Exhibits Page 154 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 17 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 All Exhibits referred to in this Agreement and any addenda, attachments, and schedules which may, from time to time, be referred to in any duly executed amendment to this Agreement are by such reference incorporated in this Agreement and shall be deemed a part of this Agreement. SECTION 33. Survival Upon termination of this Agreement, no new Agreement or license will be issued and permission for the Facilities to be in the City Ditch Right-of-Way will terminate at the end of individual Site License Term as applicable. However, all other terms and conditions of this Agreement shall survive and govern with respect to any remaining terms in effect until their expiration or termination, including any Section of this Agreement that must survive termination to fulfill its essential purpose. Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to any remaining in effect until their expiration or termination. SECTION 34. 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. APPROVED BY THE PARTIES ON THE DATE BELOW WRITTEN: CITY OF ENGLEWOOD, COLORADO CITY OF ENGLEWOOD, COLORADO : By ________________________________ Mayor Othoniel Sierra ATTEST: _______________________________________ City Clerk Page 155 of 520 Page 156 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 19 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 EXHIBIT 1: SITE LICENSE FOR CITY DITCH CROSSING AGREEMENT This Site-Specific License (“Site License”), issued this _______ day of _____________________, 20__ (“Effective Date”) between the City of Englewood, with an address of 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as “City” and Southwest Metropolitan Water and Sanitation District with an address of _____________________, hereinafter referred to as “Licensee”. 1. Site License. This is a Site License as referenced in the City Ditch Crossing Agreement for the use of the City’s City Ditch Right-of-Way in connection with Licensee’s Facilities, between the City and Licensee dated ___________ ____, 20_____, and recorded in Clerk and Recorder of ________________ County, Reception No. _______________(the “Agreement”). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement, and this Site License, the terms of the Agreement shall govern. Capitalized terms used in this Site License shall have the same meaning as set forth in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. Licensee shall have the right to Operate its Facilities at the designated areas in the City Ditch Right-of-Way as further described in Exhibit 1-A attached hereto, which provides the Site Plan for this Site-Specific License, and a description of the Use Area and Equipment/Facilities (the “Use Area and Description of Facilities”). 3. Term/Termination. The term of this Site License shall be fifty (50) years from the date of execution of the City Ditch Crossing Agreement, and as that term may be renewed in accordance with the City Ditch Crossing Agreement. 4. Fees. No fee shall be required for this Site-Specific License. 5. Commencement Date. The Commencement Date for Licensee’s installation of the Facilities shall be the date upon which this Site License is issued by the City (“Site License Commencement Date”). 6. Approvals. If not already done, it is understood and agreed that Licensee’s ability to use the Use Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively “Government Approvals”) that may be required by any Federal, State, or Local authorities. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; or (iv) Licensee determines that the Use Area is no longer technically compatible for its use, Licensee shall have Page 157 of 520 Page 158 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 21 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 EXHIBIT 1-A Site Plan for Site-Specific License Providing Use Area, Equipment, and Description of Facilities Installation, operation, and maintenance of a 12 inch water line that crosses under the existing City Ditch. Top of trench is approximately _________ under the bottom of the City Ditch. The extent of the Use Area shall be within the 25-ft easement surrounding the centerline of City Ditch. For additional detail regarding location and crossing see Exhibit 1-B. Page 159 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 22 of 22 (303) 762-2300 | www.englewoodco.gov 4864-0511-5337, v. 1 EXHIBIT 1-B Page 160 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 10/3/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email 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 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY City Ditch Crossing and License Agreement with SMWSD for Crossing # 2 – 16” Waterline: This crossing agreement with SMWSD includes the terms and conditions of the utility crossing of City Ditch for a 16” waterline near the southern end of the property at Santa Fe. Toll will pay the construction costs for the SMWSD crossing of City Ditch in this area. Staff recommends that the Water and Sewer Board support City Council’s approval of two (2) Crossing and License Agreements with SMWSD required to protect City Ditch infrastructure. Utilities staff drafted these agreements in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the agreements for the proposed City Ditch utility crossings meet the City’s needs for the future. Renewal options available Crossing Agreement is effective as the date of approval of the Agreement by the City and shall continue in effect for a period of 50 years. Term of the Agreement shall automatically be extended for two (2) additional 15-year renewal terms. 80123 Payment terms (please describe terms or attached schedule if based on deliverables) 720.726.5046 calane@plattecanyon.org Cynthia Lane n/a City Ditch Crossing Agreement (Santa Fe Park Development, Crossing #2 - Waterline with SMWSD) $ - $ - $ - Tasha Neel Utilities Engineer II c: 720.610.0943 TNeel@englewoodco.gov Littleton Southwest Metropolitan Water & Sanitation 8739 W. Coal Mine Ave City Ditch Crossing Agreement Page 161 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Project # / Task #Fund Division Account Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 n/a Year Solicitation Name and Number: NOTES/COMMENTS (if needed): Line Item Description Solicitation Evaluation Summary/Bid Tabulation 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 162 of 520 CITY DITCH CROSSING AGREEMENT (Santa Fe Park Development, Crossing # 2 – Waterline) This City Ditch Crossing Agreement (“Agreement”) is effective as of the day of __________________, 2024 and is between the City of Englewood, a Colorado municipal corporation (“City”) and the Southwest Metropolitan Water and Sanitation District, a quasi- municipal corporation and political subdivision of the State of Colorado (“Licensee”). RECITALS A. The City owns and operates a ditch known as City Ditch that provides a water supply to Englewood and other water users (“City Ditch”); and B. The City owns a right-of-way for the City Ditch (“City Ditch Right-of-Way”) that crosses property owned by Toll Southwest, LLC located in the City of Littleton that is shown on the Santa Fe Park South Subdivision Filing No. 1 Final Plat, recorded March 24, 2023 at Reception No. E3019014; and C. The City is authorized to manage and use the City Ditch Right-of-Way and to the extent permitted by law regulate the installation of devices and structures within the City Ditch Right-of-Way pursuant to its authority as the owner of the right-of-way and owner and operator of the ditch, and its other governmental powers and authority; and D. Toll Southwest, LLC desires to install or had installed a 16 inch diameter water main and related appurtenances (“Facilities”) within a portion of the City Ditch Right-of-Way at the locations described and depicted on Exhibit 1 as attached hereto, pursuant to a separate Water Main Extension Agreement with Licensee dated _________, 2024. Once the Facilities are conditionally accepted by Licensee, and subject to Licensee’s customary acceptance procedures, the Facilities will be transferred or otherwise conveyed to Licensee; and E. Once Licensee has finally accepted the Facilities, Licensee will own, operate, maintain, repair and replace (“Operate”) the Facilities; and F. Licensee desires to occupy and use the City Ditch Right-of-Way for the purposes described above; and G. Licensee desires to obtain a license from the City to cross and occupy the City Ditch Right- of-Way for the purposes described above; and H. Licensee will Operate the Facilities in a manner that is consistent with and does not unreasonably interfere with the City Ditch or any related lateral or the subjacent support therefore; and Page 163 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 2 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 I. The City is willing to grant Licensee a license to use and occupy a portion of the City Ditch Right-of-Way for the operation, maintenance, repair, and replacement (“Operation”) of the Facilities subject to the terms and conditions described herein and other applicable law; and J. The City, without warranting its title or interest whatsoever, hereby authorizes Licensee to Operate the Facilities within those portions of the City Ditch Right-of-Way identified on Exhibit 1, pursuant to this Agreement and applicable law. NOW, THEREFORE AND IN CONSIDERATION of mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: SECTION 1. Definitions Affiliate means any person or entity controlling, controlled by, or under the common control with Licensee. Claim(s) means and includes allegations, assessments, taxes, impositions, proceedings, liabilities, obligations, losses, claims of personal injury, bodily injury, sickness, disease, death, property damage, destruction, loss of use, financial harm, or other impairment, penalties, fines, damages, suits, actions, payments, judgments, demands, expenses and costs, including, but not limited to, attorney’s fees incurred through all appeals. Facilities means anything installed by Toll Southwest, LLC or Licensee in the City Ditch Right- of-Way under this Agreement or the related Water Main Extension Agreement between Toll Southwest, LLC and Licensee. The term “Facilities” includes but is not limited to the 16 inch diameter water main and related appurtenances and any existing or new related infrastructure installed, operated, repaired or maintained by Toll Southwest, LLC or Licensee within the City Ditch Right-of-Way. Hazardous Substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos. Parties collectively means the City of Englewood and Licensee. Public Emergency means any condition which, in the opinion of City officials, poses an immediate threat to the lives or property of the citizens of Englewood or others caused by any natural or man-made disaster, including but not limited to, storms, floods, fire, accidents, explosions, major water main breaks, hazardous material spills, etc. Site License means, as applicable, any site-specific license issued to Licensee pursuant to the terms of this Agreement, attached as Exhibit A hereto. Sublicensee means Toll Southwest, LLC. Page 164 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 3 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 Use Area means the portions of the City Ditch Right-of-Way designated on a Site Plan or other plan (as defined in the applicable exhibit) that Licensee, it’s contractors, invitees, or sublicensee, is allowed to use and/or occupy under a Site License and pursuant to this Agreement. SECTION 2. Permission to Use City Ditch Right-of-Way 2.1 The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City Ditch Right-Of-Way, at any time and in such manner as the City deems necessary,. The City reserves the exclusive right to control all its installations and construction within the City Ditch Right-of-Way. Except as specifically authorized in writing, Licensee shall not interfere with, obstruct, modify, or otherwise in any way adversely impact the City’s use of the City Ditch. In the event Licensee’s Facilities should interfere with any future use of the City Ditch Right-of-Way by the City, the Licensee shall upon request, , and at its sole expense, relocate, rearrange, or remove its Facilities so as not to interfere with any such City use. In granting this authorization, the City reserves, to the extent permitted by law, the right to make full use of the City Ditch Right-of-Way as may be necessary or convenient in the operation of the Ditch and the City’s water system. 2.2 Subject to the provisions of this Agreement and applicable law, City hereby grants to Licensee, its employees, agents, Contractor(s) and Sublicensee permission to use designated portions of the City Ditch Right-of-Way subject to and conditioned upon Licensee’s full, timely, complete and faithful performance of all obligations to be performed or required hereunder by Licensee, and Licensee hereby accepts the terms and conditions of this Agreement. It is the responsibility of Licensee to determine if the Use Area is within the City Ditch Right-of-Way, through a title report or other means. If the Use Area does not lie within the City Ditch Right-of-Way, it is Licensee’s sole responsibility to secure the necessary rights for its Facilities. 2.3 By way of explanation, Sublicensee can use the Use Area for the installation and/or maintenance of the Facilities during Sublicensee’s warranty period, and thereafter, Licensee can use the Use Area for the Operation of Licensee’s Facilities as described in a Site License substantially in the form of Exhibit 1 and shall conduct no other activity at or from those designated portions of the City Ditch Right-of-Way beyond the authority granted by this Agreement and a Site License issued hereunder. 2.4 All other uses of the City Ditch Right-of-Way under this Agreement are prohibited. Should Licensee seek to use the City Ditch Right-of-Way for other purposes, it must enter into a separate agreement with the City to do so. 2.5 The authority to install and Operate the Facilities in the City Ditch Right-of-Way granted herein authorizes Licensee to: (i) authorize its Sublicensee to install and/or maintain during Sublicensee’s warranty period, the Facilities, and (ii) further authorizes Licensee to thereafter Operate the Facilities, but does not authorize the installation or Operation of any other facilities that are not expressly provided for in this Agreement and that are materially different therefrom. Page 165 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 4 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 2.6 Licensee shall comply with all applicable laws as amended from time to time, including but not limited to, Colorado and federal law in the exercise and performance of its rights and obligations under this Agreement. 2.7 This Agreement authorizes Licensee’s Sublicensee to construct and/or maintain the Facilities during Sublicensee’s warranty period and thereafter authorizes Licensee to Operate the Facilities within the City Ditch Right-of-Way. This Agreement does not authorize a customer of Licensee to operate, manage or maintain Licensee’s Facilities in the City Ditch Right-of-Way. 2.8 Licensee shall not be required to obtain City Permits or pay any fees for the work described herein that may otherwise be applicable. 2.9 Licensee shall not trim or cut down any trees, shrubs, or brush on the City Ditch Right-of-Way without permission of the City, which shall not be unreasonably withheld, conditioned, or delayed. When required by City, Licensee, at its expense, shall trim or cut down trees, shrubs or brush and remove and dispose of cutting debris to the reasonable satisfaction of City with respect to any trees, shrubs, or brush on the City Ditch Right-of-Way. SECTION 3. Non-Exclusive Rights/Priority Rights 3.1 The Site License is not exclusive and nothing herein contained shall be construed to prevent City from granting other like or similar permissions or privileges within the City Ditch Right-of Way to any other person, firm or corporation;, or deny to or lessen the powers and privileges granted to City under the City Charter, the Colorado Constitution and laws of the State of Colorado. 3.2 Any and all rights granted to Licensee under this Agreement, which shall be exercised at no cost or expense to City, shall be subject to the prior and continuing right of City to use the City Ditch Right-of-Way exclusively or concurrently, with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title which may affect the City Ditch Right-of-Way. 3.3 Any right or privilege claimed pursuant to this Agreement by Licensee for any use of any right- of-way shall be subordinate to: A) any prior lawful occupancy or use thereof by the City or any other governmental entity; B) any prior lawful occupancy or use thereof by any other person; C) and to any prior easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. The rights and privileges granted in this Agreement shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee’s sole responsibility to determine the existence of said documents or conflicting uses or installations. 3.4 There is hereby reserved to the City every right and power required pursuant to this Agreement that is reserved. Licensee by its execution of this Agreement agrees to be bound thereby and to comply with any lawful action of the City in its exercise of such rights or power pursuant to the City Ditch Right-of-Way. Neither the granting of any Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any lawful governmental right or power of City. Page 166 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 5 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 3.5 By executing this Agreement, the City does not waive any rights that it may have against any public utility or other property owner to require that such owners obtain prior approval from the City for such uses of the City Ditch Right-of-Way, or that revenues received by any public utility or other property owner from Licensee, by virtue of Licensee’s use of the City Ditch Right-of- Way be included in the computation of any use agreement fees owed by such parties to the City. 3.6 Nothing in this Agreement shall be construed to prevent the City from abandoning, altering, improving, repairing, or maintaining its facilities and/or the City Ditch Right-of-Way, and for that purpose to require Licensee, , at no expense to the City, to relocate Licensee’s Facilities in order to accommodate the activities of the City within a reasonable period of time after receiving notice to relocate,. The City shall not be liable for lost revenues sustained by Licensee, however caused, because of damage, modification, alteration, or destruction of its Facilities in the City Ditch Right- of-Way, when such costs or lost revenues result from the construction, operation, and/or maintenance of City facilities and/or the City Ditch Right-of-Way, provided that the activities resulting in such costs or lost revenues are conducted in accordance with applicable laws and regulations and do not arise from the City’s negligent or wrongful acts. SECTION 4. Regulatory Conditions Relating to Right-of-Way Usage 4.1 For purposes of this Agreement, whenever work is done in the City Ditch Right-of-Way relating to this Agreement, Licensee agrees that it will cause its agents, Contractor(s) and Sublicensee to agree to all of the terms and conditions set forth in this Agreement and that said Contractor(s), agents, and Sublicensee shall be responsible for their own negligent or wrongful acts, errors, omissions, and that the obligations of Sections 4 and 5 are imposed on both Licensee and any agent, Contractor or Sublicensee. 4.2 Licensee is responsible for ensuring that its Facilities are constructed, managed, installed, operated and/or maintained in accordance with applicable law. 4.3 Licensee’s use of the City Ditch Right-of-Way and any other easements under the control of the City shall be according to plans attached to a Site License and approved by the City as submitted, provided that such approval shall not be unreasonably withheld or delayed. 4.4 Licensee’s Facilities to be constructed, installed, operated, maintained, upgraded and removed hereunder shall be located so as to interfere as little as possible with the operation and maintenance of the City Ditch or other prior authorized uses within the City Ditch Right-of-Way and other easements. Any phases of construction and/or installation of the Facilities, as well as the location of said Facilities shall be subject to regulation by the City as allowed by law. 4.5 Licensee and its employees, agents, Contractor(s) and Sublicensee shall be subject to the City’s exercise of such regulatory and other powers within the City Ditch Right-of-Way as it now has or may later obtain, and Licensee may not waive the application of the same. City shall have supervision over any Facilities located within or on the City Ditch Right-of-Way. Page 167 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 6 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 4.6 Clean Up. Licensee and/or its Contractor(s) and Sublicensee, as soon as practical following the installation, in the case of Sublicensee, and the Operation, in the case of Licensee of the Facilities, remove all temporary construction materials and equipment, debris, and unused materials provided for in the work, and restore the surface of the City Ditch Right-of-Way to the same condition that existed prior to such entry thereon by Licensee or its Contractor(s) or Sublicensee, to the extent reasonable, except as necessary to accommodate Licensee’s Facilities. 4.7 Graffiti Removal. Licensee shall at all times keep and maintain its Facilities free of all graffiti. City shall notify Licensee in writing if graffiti is on the Facilities. If Licensee fails to remove the graffiti within thirty (30) days after notice in writing is received, City shall have the right to remove any graffiti present. Licensee shall reimburse City for all reasonable costs directly attributable to such abatement within thirty (30) days of City’s presenting Licensee with a statement of such costs. 4.8 Safety. Licensee or Licensee’s Contractor(s), if the work is being done by Licensee’s Contractor(s), shall be solely and completely responsible for the conditions of any job site where the Facilities are being placed, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable federal (including OSHA), state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. Licensee’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve Licensee from compliance with these provisions. 4.9 Damage. If Licensee, as a result of its negligence or wrongful acts, damages City or private property, Licensee shall promptly, at its own expense, and in a manner reasonably acceptable to the City, repair the damage. If Licensee fails to do so, the property owner may repair the damage at its own reasonable expense, and Licensee shall reimburse the property owner within thirty (30) days of invoicing. SECTION 5. Plan Approval, Permits, and Inspection 5.1 No Facilities shall be installed, constructed, replaced, located on, or attached to any property within the City Ditch Right-of-Way until Site License (attached as Exhibit A) from the City has been approved and executed. Additionally, Licensee, its Contractor(s) and Sublicensee shall comply with all applicable law governing the City Ditch Right-of-Way. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to Licensee’s use of the City Ditch Right-of-Way as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-governmental users of the City Ditch Right-of-Way. 5.2 If not already approved by City, Licensee shall submit the applicable details, plans, and specifications for City review and approval prior to any and all construction work performed pursuant to the rights granted under this Agreement. Licensee, its Contractor(s) and Sublicensee shall abide by all stipulations of the Site License issued. If Licensee desires to change the location Page 168 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 7 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 of any Facilities, including any related Facilities from that set forth in the Site License, Licensee shall apply for and obtain approval for an amendment to the Site License prior to installation or construction. 5.3 City will approve or deny such Site Licenses based on the availability of space at the location sought by Licensee, safety, and other considerations in accordance with applicable law. Licensee, its Contractor(s) and Sublicensee shall comply with the terms of any Site License. 5.4 Any new underground facilities placed in the City Ditch Right-of-Way will be constructed using industry standard horizontal directional drilling and trenching construction methods. Licensee, its Contractor(s) and Sublicensee installations will be done using industry standard practices and in full compliance with any applicable Site License. 5.5 If Licensee desires to change the components of the Facilities that will impact the City Ditch Right-of-Way, written approval of such change must be obtained from the City. 5.6 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this Agreement and to make such tests as it shall find necessary to meet City standards to ensure compliance with the terms of this Agreement and other applicable law. 5.7 Licensee shall also provide and identify a representative, such as a project manager, who shall be the contact person for the City during any construction periods. The Licensee shall provide a contact number for emergencies that occur outside of regular business hours and shall provide this contact number to the City in advance of each construction activity/permitted installation. 5.8 Whenever Licensee, its Contractor(s) or Sublicensee shall cause any opening or alteration to be made for any purpose in any City public streets, or public places, the opening or alteration shall be completed and restored with due diligence within seven (7) business days. Licensee shall upon the completion of the opening or alteration, restore the property, improvements or landscaping disturbed by Licensee or its Contractor(s) to a condition substantially comparable to the condition before the opening or alteration and the restoration shall be performed with due diligence within a reasonably prompt time. SECTION 6. Maintenance/Modifications 6.1 Except for warranty work or maintenance required to be performed by Sublicensee prior to final acceptance of the Facilities by Licensee, maintenance of all Facilities shall be performed by Licensee at Licensee’s sole cost and expense. Licensee or Sublicensee, as applicable, will be responsible for obtaining the appropriate approvals for work in the City Ditch Right-of-Way in order to access the Facilities. 6.2 Licensee will Operate the Facilities in accordance with applicable law. 6.3 Damaged or deteriorated components must be corrected within forty-eight (48) hours of notification, if practical. If the components are taken out of service, Licensee must remove them Page 169 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 8 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 as soon as practical or abandon the components in place if approved by the City, which approval shall not be unreasonably withheld, conditioned, or delayed. 6.4 Any upgrade and/or modification to the Facilities, other than a like for like replacement, will need specific approval from the City and require Licensee to submit the information required. Any approval required from the City must be obtained in writing from the City Manager or their designee which approval shall not be unreasonably withheld, conditioned, or delayed. SECTION 7. Traffic Control 7.1 Except for the initial installation of the Facilities that will be performed by Sublicensee, Licensee shall have the full responsibility and liability for any traffic control for work performed by Licensee or its Contractors. Sublicensee shall have responsibility for traffic control for the initial installation of the Facilities. SECTION 8. Hazardous Substances 8.1 Licensee agrees it will not produce or knowingly dispose, treat, use, generate, store any Hazardous Substances on, under, above or within the area of the City Ditch Right-of-Way in violation of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601, et. seq.; the Resource Conservation and Recovery Act., 42 U.S.C. § 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; or any other federal, state, county, or local law or regulation. Licensee may not use the City Ditch Right-of-Way in a manner that would require a permit or approval related to Hazardous Substances from any governmental agency other than the City. Licensee, to the extent permitted by law and subject to all of the protections, defenses, immunities and limitations afforded Licensee by the Colorado Governmental Immunity Act, will indemnify and hold City harmless against any loss or liability incurred by reason of any Hazardous Substance produced, knowingly disposed of, or used by Licensee pursuant to this Agreement, to the extent permitted by Colorado law, and must immediately notify City of any Hazardous Substance discovered at any time that is unlawfully present upon the City Ditch Right- of-Way. 8.2 Licensee understands the hazards presented to persons, property, and the environment by dealing with Hazardous Substances. Licensee acknowledges the possibility that the City Ditch Right-of-Way may contain actual or presumed asbestos and other Hazardous Substances containing materials. SECTION 9. On-Call Assistance Licensee shall be available to employees of any City department twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the Operation of its Facilities, at the phone number provided below. Licensee shall use reasonable efforts to respond to any issues within the time frames specified in this Agreement. Licensee shall handle or otherwise make arrangements to address any necessary problems or complaints that require a physical presence. Page 170 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 9 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 SECTION 10. Mapping Requirement 10.1 Licensee shall maintain Record Drawings of its Facilities located within the City Ditch Right- of-Way and furnish a copy electronically in an electronic-compatible mapping format (in a mapping format compatible with the current City electronic mapping format as specified by the City). Upon completion of new or relocation construction of underground Facilities in the City Ditch Right-of-Way, Licensee shall create and maintain up-to-date maps of all Facilities located in the City Ditch Right-of-Way and verifiable horizontal and vertical location information and will make this information available to the City upon the installation of any new Facilities. Licensee will also provide surface-location marking of any of Licensee’s Facilities that are located underground within the City Ditch Right-of-Way within ten (10) business days of installation. 10.2 In the event Licensee fails to supply records in the City specified format and there is a cost to the City in converting Licensee-provided files, Licensee will be responsible for the conversion costs and will pay such reasonable costs within thirty (30) days of the City invoicing the amount due. SECTION 11. Relocation 11.1 Licensee shall relocate at no expense to the City any Facilities or other encroachment installed or maintained in, on or under the City Ditch Right-of-Way by Licensee or Sublicensee, as may be necessary to facilitate improvements to the City Ditch within the Use Area. 11.2 Licensee agrees to notify the City and seek necessary approvals prior to removing, abandoning, relocating, or reconstructing any portion of its Facilities within the City Ditch Right- of-Way. Notwithstanding the foregoing, City understands and acknowledges there may be instances when Licensee is required to make repairs that are of an emergency nature or in connection with an unscheduled disruption of the Facilities. Licensee will maintain any necessary approvals required by the City for such maintenance and emergency repairs. Licensee will notify City before the repairs and will apply for and obtain the necessary approvals in a reasonable time after notification. 11.3 If the City, after providing at least thirty (30) days prior written notice to Licensee, needs to perform any part of the necessary relocation or removal work that has not been done within the time required by the City, Licensee shall reimburse the City for reasonable costs within thirty (30) days of City invoicing. SECTION 12. Damage to Public Property 12.1 Whenever the installation, use, maintenance, removal, or relocation of any of Licensee’s Facilities is required or permitted by Licensee under this Agreement, and such installation, removal, or relocation by Licensee damages or disturbs the surface or subsurface of the City Ditch Right-of-Way or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, Licensee, at its sole cost and expense, shall promptly restore the surface or subsurface of the City Ditch Right-of-Way or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, Page 171 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 10 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 to as good a condition as before in accordance with applicable laws, normal wear and tear excepted. If Licensee does not repair the damage or disturbance as just described, then City shall have the option, upon fifteen (15) days prior written notice to Licensee, to perform or cause to be performed such reasonable and necessary work on behalf of Licensee and to charge Licensee for the actual reasonable costs incurred by the City at City’s standard rates. 12.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to Licensee, such reasonable and necessary work on behalf of Licensee to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City. The City shall provide written notice to Licensee of the repairs as soon as practicable after the work has begun. Licensee agrees that any severed or damaged portion of the City Ditch must be completely repaired or replaced. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs, relocation and/or removal costs from Licensee. 12.3 Upon the receipt of a demand for payment by City, Licensee shall promptly reimburse City for such reasonable costs subject to annual appropriation and budgeting of funds for that purpose. SECTION 13. Public Emergency Disruption by City The City shall have the right, because of a Public Emergency, as it relates to the City Ditch, to alter, relocate, sever, disrupt, remove, tear out, dig up, or otherwise damage and/or destroy Facilities of Licensee without any prior notice to Licensee, if the action is deemed necessary by either the City Manager, Police Chief, City Engineer, or Director of Utilities or designee. In such event, neither the City nor any agent, contractor or employee of City shall be liable to Licensee, its Contractors or its customers or their parties for any harm so caused to them or the Facilities. When practical and if possible, City will consult with Licensee in advance to assess the necessity of such actions and to minimize to the extent practical under the circumstances damage to and disruption of operation of the Facilities. City shall inform Licensee of any actions taken. Licensee shall be responsible for repair at its sole expense of any of its Facilities damaged pursuant to any such action taken by City. SECTION 14. Public Safety 14.1 If any of Licensee’s Facilities or activities present any immediate hazard or impediment to the public, to the City, to other improvements or activities within or outside of the City Ditch Right-of-Way, or to City’s ability to safely and conveniently operate the City Ditch Right-of-Way or perform City’s utility, public safety and/or other public health, safety, and welfare functions, then Licensee shall immediately comply with City’s request to secure the area, and otherwise cooperate with City at no expense to City to remove any such hazard or impediment. 14.2 In the event that the Licensee is unable to remedy the hazard, then the City may make necessary repairs to eliminate any safety hazards, at Licensee’s sole expense. Page 172 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 11 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 SECTION 15. City’s Reserved Rights Any applicable zoning processes, building permit processes, right-of-way management policies, and similar regulatory requirements that apply to Licensee’s Facilities and/or related Facilities are completely separate from the plans approval processes under this Agreement. Licensee’s satisfaction of any regulatory requirement does not substitute for compliance with any requirement of this Agreement or constitute approval of any plans for the purposes of this Agreement. SECTION 16. Non-use/Abandonment of the Facilities 16.1 An “Abandoned Facility” means a Facility no longer in service or physically disconnected. If Licensee ceases to provide services or abandons use of any of its Facilities for more than two (2) years, the Facility shall be deemed an Abandoned Facility and Licensee shall notify the City. The City may require Licensee, to the reasonable satisfaction of the City and without cost or expense to the City, at Licensee’s election to either remove the Facilities or to fill the Facilities with sand or other comparable material and to restore the public property and City Ditch Right-of- Way to a reasonable condition under the supervision of the City within a reasonable period of time after abandonment. 16.2 Title to any and all personal property installed by Licensee upon the City Ditch Right-of-Way that is not timely removed shall automatically vest in City, at City’s sole option. 16.3 Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate. SECTION 17. Contractors 17.1 The specific independent Contractors identified and used by Licensee for the construction activities to expand and extend Licensee’s Facilities and Use Area shall be provided to and approved by the City prior to issuance of any Site License, such approval shall not be unreasonably withheld, delayed, conditioned, or denied. Any Contractors performing construction work within the City Ditch Right-of-Way or public easements shall comply with licensing requirements applicable to Colorado contractors. 17.2 Each Contractor shall have the same obligations with respect to its work as Licensee would have if Licensee performed the work. With respect to any Licensee Contractor performing work within the City Ditch Right-of-Way, Licensee shall: (i) be responsible for ensuring that the work is performed consistent with this Agreement and other applicable law, (ii) that any defective work is promptly corrected, and (iii) shall implement a quality control program designed to ensure that the work contemplated by this Agreement is performed in accordance with this Agreement. 17.3 Licensee shall furnish separate insurance certificates and endorsements for each independent Contractor and its Sublicensee. All coverages for independent Contractors and Sublicensee shall be subject to substantially similar requirements stated herein for Licensee. Page 173 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 12 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 17.4 Compliance with the Immigration Reform and Control Act of 1986. To the extent required by law, Licensee certifies that Licensee has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Licensee to perform this contract have completed and signed Form I-9 verifying their identities and authorization for employment. SECTION 18. Limitation of Liability 18.1 Licensee expressly acknowledges that Licensee’s Facilities are exposed to many risks beyond the reasonable control of City, including acts of God or the public enemy, such as but not limited to, wind, rain, sleet, ice, floods, fire, riots, sabotage, expropriation, or confiscation of facilities. Except as expressly provided in this Agreement, Licensee shall assume all risk of loss to Facilities that may arise in connection with these hazards, except to the extent attributable to any negligent or wrongful act of the City. 18.2 CITY HEREBY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF CITY DITCH RIGHT OF WAY AND/OR THE FACILITIES(S) FOR LICENSEE’S INTENDED PURPOSE. 18.3 Licensee acknowledges and agrees that Licensee bears all risk of loss or damage to the Facilities installed in the City Ditch Right-of-Way pursuant to this Agreement from any cause, except for the cost of repairs to damaged Facilities to the extent caused by the negligence or willful misconduct of the City and not covered by the Licensee’s insurance. IN NO EVENT, HOWEVER, SHALL CITY BE LIABLE TO LICENSEE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM ANY LOSS OR DAMAGE TO LICENSEE’S FACILITIES, REGARDLESS OF WHETHER THE CITY WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY OR BASIS FOR SUCH CLAIM. 18.4 The City and its officers, agents, elected or appointed officials, employees, departments, boards, and commissions shall not be liable to Licensee or to its affiliates or customers for any interference with or disruption in the operations of Licensee’s Facilities or the provision of services, or for any damages arising out of or materially related to Licensee’s use of the City Ditch Right-of-Way, except to the extent of intentional misconduct or gross negligence on the part of the City, its officers, agents, elected or appointed officials, employees, departments, boards and commissions. 18.5 Licensee also agrees that it shall have no recourse whatsoever against the City or its officials, boards, commissions, agents or employees for any loss, costs, expense, or damages arising out of or materially related to any provision or requirement of the City because of the enforcement of this Agreement. Page 174 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 13 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 SECTION 19. Term and Renewal 19.1 This Agreement shall be effective as of the date of approval of the Agreement by the City (the “Effective Date”) and unless sooner terminated in accordance with other provisions of this Agreement, shall continue in effect for a period of 50 years. 19.2 The term of this Agreement shall automatically be extended for two (2) additional 15-year renewal terms, unless Licensee gives written notice of its intent to terminate the Agreement no later than six (6) months prior to the end of the Initial Term or Renewal Term (as applicable). The word “Term” will refer to both the Initial Term and any Renewal Term(s). 19.3 Licensee may terminate any Site License at any time during any Site License Term upon ninety (90) days prior written notice. However, Licensee does not have the right to terminate any time after an event of default by Licensee has occurred (or an event has occurred that would become a default after passage of time or giving of notice). Termination of any Site License shall not affect Licensee’s liabilities and obligations incurred under such Site License prior to the effective date of such termination. 19.4 Licensee’s financial obligation under this Agreement are expressly subject to the annual appropriation and budgeting of funds therefore, as required by Colorado Law. SECTION 20. Termination by Licensee 20.1 Licensee may terminate this Agreement prior to its date of expiration by providing the City with ninety (90) days written notice and only upon making arrangements satisfactory with the City to remove all Licensee’s Facilities from the City Ditch Right-of-Way, unless the City agrees in writing to allow Licensee to abandon part or all of its Facilities in place, which approval the City agrees will not be unreasonably withheld, conditioned or delayed. If the City agrees to allow Licensee to abandon its Facilities in place the ownership of such Facilities, including everything permitted by City to be abandoned in place, shall, at the City’s option, transfer to City and Licensee shall cooperate to execute any documents necessary to accomplish such transfer within thirty (30) days of such allowance of abandonment. 20.2 Unless the City has consented to allow Licensee to abandon part or all of its Facilities in place, upon termination of this Agreement, Licensee shall remove all of its Facilities within a reasonable period of time or to fill the Facilities with sand or other comparable material. SECTION 21. Conflicts Between Applicable Law and Contracting Documents In the event of any conflict between the Site License and this Agreement, and any Exhibits to this Agreement including any Site License, the controlling authority shall be first this Agreement; and second, any Exhibit to this Agreement/Site License. Page 175 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 14 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 SECTION 22. Termination by City 22.1 City may, in addition to seeking any other remedy available to it, terminate this Agreement to occupy space in the City Ditch Right-of-Way if Licensee neglects or refuses to comply with any of the provisions of this Agreement beyond all applicable cure periods and fails within thirty (30) days after written notice from City to correct such neglect, refusal, or default provided Licensee shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and Licensee commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. In the event any default is limited solely to one or more Site Licenses, but not the Agreement as a whole, the City’s termination right shall be limited to those Site Licenses under which Licensee is in default beyond any applicable cure period. 22.2 Licensee’s failure to pay any amounts owed to the City after notice of such deficiency and the opportunity to cure as provided by this Agreement shall be cause for the City to terminate the applicable Site License. 22.3 This Agreement shall terminate, without notice, (i) upon the institution by or against either Party of insolvency, receivership, or bankruptcy proceeding or any other proceedings for the settlement of either Party’s debts, (ii) upon either Party making an assignment for the benefit of creditors, or (iii) upon either Party’s dissolution or ceasing to do business. SECTION 23. Licensee’s Records 23.1 During the entire term of this Agreement, Licensee shall keep records and provide information to the City upon request relating to the status of the construction, repair, location, or relocation of Licensee’s Facilities. 23.2 If necessary for the City to determine Licensee’s compliance with the terms of this Agreement or other applicable law, within ten (10) days of written notice by City of a request for disclosure, Licensee shall provide relevant documentation as requested by City, respond to questions, and produce relevant books and records for the City’s inspection and copying. Such records shall be available to City at Licensee’s most proximate place of business within Colorado. Licensee shall also require its employees, agents, and accountants to give their full cooperation and assistance in connection with City’s access to such records. SECTION 24. Penalties for Violation of Terms 24.1 The City may pursue any remedy at law, including but not limited to injunctive relief, civil trespass, and withholding other City authorizations until Licensee complies with the terms of the Agreement or the applicable law. 24.2 Such remedies are cumulative and may be pursued in the alternative. Page 176 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 15 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 SECTION 25. NOTICE 25.1 All notices, which shall or may be given pursuant to this Agreement and shall be effective on receipt, shall be in writing and transmitted through both email and US Mail, postage prepaid as follows: CITY OF ENGLEWOOD: City of Englewood – Utilities Department Email: utilities@englewoodco.gov 1000 Englewood Parkway Englewood, Colorado 80110-2373 With copies to: Englewood City Attorney’s Office cao@englewoodco.gov 1000 Englewood Parkway Englewood, Colorado 80110-2373 LICENSEE: Southwest Metropolitan Water and Sanitation District Cynthia Lane, Manager calane@plattecanyon.org 8739 W. Coal Mine Avenue Littleton, CO 80123 After-hours emergency phone: 720.726.5046 With copies to: Timothy J. Flynn tflynn@cogovlaw.com Collins Cole Flynn Winn & Ulmer, PLLC 165 S. Union Blvd., Suite 785 Lakewood, CO 80228 25.2 Either party may from time to time designate any other address for this purpose by written notice to the other party in the manner set forth above. 25.3 Licensee shall notify the City within ten (10) business days of any change in mailing address. SECTION 26. Governing Law 26.1 It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Colorado, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts located within Arapahoe County, Colorado, or within any federal district court within the State of Colorado. Page 177 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 16 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 26.2 Provisions Required By Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. SECTION 27. Partial Invalidity If any section, paragraph, subdivision, clause, phrase, or provision of this Agreement shall be adjudged invalid or unenforceable, or is preempted by federal or state laws or regulations, the same shall not affect the validity of this Agreement as a whole or any part of the provisions of this Agreement other than the part adjudged to be invalid, unenforceable, or preempted. SECTION 28. Non-Waiver Licensee shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. SECTION 29. Force Majeure With respect to any provision of this Agreement, the violation or non-compliance of which could result in the imposition of a financial penalty, forfeiture or other sanction upon Licensee, such violation or non- compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by Licensee and is beyond its reasonable control. SECTION 30. Dispute Resolution 30.1 If any dispute or claim arises out of the interpretation, performance or breach of this Agreement, the Parties agree that upon the written demand of either Party, they will meet within two (2) weeks of such demand to attempt in good faith to resolve the dispute. The meeting will be attended by representatives of both Parties having the authority to resolve the dispute. 30.2 Notwithstanding the provisions of Englewood Municipal Code Section 4-1-3-4(D)(8), if the dispute is not resolved within a reasonable time, the disputing Parties are free to use other remedies upon mutual written consent, such as mediation or nonbinding arbitration. Absent mutual agreement, the Parties may pursue litigation to resolve the dispute. SECTION 31. Amendments, Modifications or Supplements This Agreement may not be amended, modified, or supplemented except by an authorized representative of each party in a written agreement signed by both Parties. The City Manager or designee shall be considered an authorized representative for the City. SECTION 32. Exhibits Page 178 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 17 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 All Exhibits referred to in this Agreement and any addenda, attachments, and schedules which may, from time to time, be referred to in any duly executed amendment to this Agreement are by such reference incorporated in this Agreement and shall be deemed a part of this Agreement. SECTION 33. Survival Upon termination of this Agreement, no new Agreement or license will be issued and permission for the Facilities to be in the City Ditch Right-of-Way will terminate at the end of individual Site License Term as applicable. However, all other terms and conditions of this Agreement shall survive and govern with respect to any remaining terms in effect until their expiration or termination, including any Section of this Agreement that must survive termination to fulfill its essential purpose. Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to any remaining in effect until their expiration or termination. SECTION 34. 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. APPROVED BY THE PARTIES ON THE DATE BELOW WRITTEN: CITY OF ENGLEWOOD, COLORADO CITY OF ENGLEWOOD, COLORADO : By ________________________________ Mayor Othoniel Sierra ATTEST: _______________________________________ City Clerk Page 179 of 520 Page 180 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 19 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 EXHIBIT 1: SITE LICENSE FOR CITY DITCH CROSSING AGREEMENT This Site-Specific License (“Site License”), issued this _______ day of _____________________, 20__ (“Effective Date”) between the City of Englewood, with an address of 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as “City” and Southwest Metropolitan Water and Sanitation District with an address of _____________________, hereinafter referred to as “Licensee”. 1. Site License. This is a Site License as referenced in the City Ditch Crossing Agreement for the use of the City’s City Ditch Right-of-Way in connection with Licensee’s Facilities, between the City and Licensee dated ___________ ____, 20_____, and recorded in Clerk and Recorder of ________________ County, Reception No. _______________(the “Agreement”). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement, and this Site License, the terms of the Agreement shall govern. Capitalized terms used in this Site License shall have the same meaning as set forth in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. Licensee shall have the right to Operate its Facilities at the designated areas in the City Ditch Right-of-Way as further described in Exhibit 1-A attached hereto, which provides the Site Plan for this Site-Specific License, and a description of the Use Area and Equipment/Facilities (the “Use Area and Description of Facilities”). 3. Term/Termination. The term of this Site License shall be fifty (50) years from the date of execution of the City Ditch Crossing Agreement, and as that term may be renewed in accordance with the City Ditch Crossing Agreement. 4. Fees. No fee shall be required for this Site-Specific License. 5. Commencement Date. The Commencement Date for Licensee’s installation of the Facilities shall be the date upon which this Site License is issued by the City (“Site License Commencement Date”). 6. Approvals. If not already done, it is understood and agreed that Licensee’s ability to use the Use Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively “Government Approvals”) that may be required by any Federal, State, or Local authorities. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; or (iv) Licensee determines that the Use Area is no longer technically compatible for its use, Licensee shall have Page 181 of 520 Page 182 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 21 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 EXHIBIT 1-A Site Plan for Site-Specific License Providing Use Area, Equipment, and Description of Facilities Installation, operation, and maintenance of a 16 inch water line that crosses under the existing City Ditch. Top of trench is approximately _________ under the bottom of the City Ditch. The extent of the Use Area shall be within the 25-ft easement surrounding the centerline of City Ditch. For additional detail regarding location and crossing see Exhibit 1-B. Page 183 of 520 City Ditch Crossing Agreement 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Page 22 of 22 (303) 762-2300 | www.englewoodco.gov 4896-0408-9545, v. 1 EXHIBIT 1-B Page 184 of 520 TO: Mayor and Council FROM: Pieter Van Ry, Englewood Utilities and South Platte Renew Director Sarah Stone, Utilities Deputy Director – Business Solutions and Engineering Tasha Neel, Utilities Engineer II DATE: August 19, 2024 Re: Temporary Construction Easements with Toll Southwest LLC for City Ditch Utility Crossings EXECUTIVE SUMMARY Utilities staff is seeking City Council approval of two (2) City Ditch Temporary Construction Easements with Toll Southwest LLC (Toll) for waterline construction across the City Ditch. The Water and Sewer Board recommended Council approve the two (2) City Ditch Temporary Construction Easements with Toll at its August 13, 2024 meeting. BACKGROUND Two developers, Toll and TB Angeline LLC (TBAL), plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S. Santa Fe Drive and W. Mineral Ave in the City of Littleton for residential purposes. The City of Englewood (City) has critical raw water infrastructure within the property, including City Ditch. This infrastructure conveys raw water to the City for its drinking water. Toll relocated a portion of the City Ditch through Santa Fe Park as part of their development in 2023. TBAL plans to relocate its portion of City Ditch through the River Park Development in the fall of 2024. The two proposed temporary construction easements for Toll are shown in Figure 1. Figure 1: Proposed Temporary Construction Easements for Toll. Page 185 of 520 City staff is in the process of reviewing TBAL’s construction plans for the proposed City Ditch relocation through the River Park Development, verifying that the plans satisfy the City’s design standards and support the long-term operational needs for City Ditch. As the developer for Santa Fe Park, Toll needs to construct two (2) waterline crossings below the relocated portion of the new City Ditch alignment to subsequently turn over to the Southwest Metropolitan Water and Sanitation District (SMWSD). ANALYSIS Staff recommends that the City Council approve the two (2) proposed City Ditch Temporary Construction Easements with Toll required to protect City Ditch infrastructure. Utilities staff drafted these easements in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the easements for the proposed City Ditch utility crossings meet the City’s needs for the future. The summary of these easements are as follows: Temporary Construction Easements with Toll Southwest LLC: 1. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 1 – 12” Waterline: This temporary construction easement with Toll includes the terms and conditions for the construction of a 12” waterline under City Ditch at Santa Fe and the proposed West Phillips Avenue. 2. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 2 – Waterline: This temporary construction easement with Toll includes the terms and conditions of a 16” waterline under City Ditch near the southern end of the property at Santa Fe. Additional agreements and easements with other entities that require utility crossings of the City’s infrastructure to serve the Santa Fe Park development are planned to be presented to the Water and Sewer Board and City Council for consideration in September 2024. FINANCIAL IMPLICATIONS Toll will complete the construction associated with the SMWSD waterline crossings across City Ditch. There will be no cost to the City. CONNECTION TO STRATEGIC PLAN Infrastructure: • Proactively, in a cost-effective manner, invests, maintains, and plans to protect water infrastructure Sustainability: • Infrastructure designed and maintained economically, equitably, and ecologically • Protection of water resources, including rivers and streams PROPOSED MOTION Motion to approve, by Ordinance, the City Ditch Temporary Construction Easement, Crossing # 1 – Waterline and City Ditch Temporary Construction Easement, Crossing # 2 – Waterline both with Toll Southwest LLC for the Santa Fe Development. Page 186 of 520 ATTACHMENTS CAS/CD Temporary Construction Easement, Crossing # 1 – Waterline with Toll Southwest LLC, Santa Fe Development CAS/CD Temporary Construction Easement, Crossing # 2 – Waterline with Toll Southwest LLC, Santa Fe Development Page 187 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 10/3/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Toll Southwest LLC 10 Inverness Drive East, Suite 125 Easement Englewood City Ditch Temporary Construction Easement (Santa Fe Park Development, Crossing #1 - Waterline with Toll) $ - $ - $ - Tasha Neel Utilities Engineer II c: 720.610.0943 TNeel@englewoodco.gov City of Englewood, Colorado CONTRACT APPROVAL SUMMARY City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 1 – 12” Waterline: This temporary construction easement with Toll includes the terms and conditions for the construction of a 12” waterline under City Ditch at Santa Fe and the proposed West Phillips Avenue. Staff recommends that the Water and Sewer Board support City Council’s approval of two (2) City Ditch Temporary Construction Easements with Toll required to protect City Ditch infrastructure. Utilities staff drafted these easements in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the easements for the proposed City Ditch utility crossings meet the City’s needs for the future. Renewal options available The Project will begin no sooner than [7/10/24], and will be completed no later than [7/10/25]. Prior to commencement of construction, the Grantee will physically locate City Ditch using non-destructive excavation methods (potholing with hydro/air vacuum) and provide the resulting information to the Grantor. The Grantee will also provide construction plans and specifications for the Grantor’s review and approval prior to commencement of construction. Completion of the Project will be deemed to have occurred upon the occurrence of both (1) the inspection and approval of the Project by Grantor and(2) the acceptance of the Project by SWMWSD and this Temporary Easement will be deemed to have terminated upon such completion. 80112 Payment terms (please describe terms or attached schedule if based on deliverables) Office: (720) 679-0739 | Cell: (303) 653-8039 twestbrook@tollbrothers.com Tim Westbrook n/a Page 188 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Project # / Task #Fund Division Account Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 Line Item Description Year Solicitation Name and Number: NOTES/COMMENTS (if needed): n/a Solicitation Evaluation Summary/Bid Tabulation 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 189 of 520 Page 190 of 520 Page 191 of 520 Page 192 of 520 Page 193 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 10/3/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services City of Englewood, Colorado CONTRACT APPROVAL SUMMARY City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 2 – Waterline: This temporary construction easement with Toll includes the terms and conditions of a 16” waterline under City Ditch near the southern end of the property at Santa Fe. Staff recommends that the Water and Sewer Board support City Council’s approval of two (2) City Ditch Temporary Construction Easements with Toll required to protect City Ditch infrastructure. Utilities staff drafted these easements in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the easements for the proposed City Ditch utility crossings meet the City’s needs for the future. Renewal options available The Project will begin no sooner than [7/10/24], and will be completed no later than [7/10/25]. Prior to commencement of construction, the Grantee will physically locate City Ditch using non-destructive excavation methods (potholing with hydro/air vacuum) and provide the resulting information to the Grantor. The Grantee will also provide construction plans and specifications for the Grantor’s review and approval prior to commencement of construction. Completion of the Project will be deemed to have occurred upon the occurrence of both (1) the inspection and approval of the Project by Grantor and(2) the acceptance of the Project by SWMWSD and this Temporary Easement will be deemed to have terminated upon such completion. 80112 Payment terms (please describe terms or attached schedule if based on deliverables) Office: (720) 679-0739 | Cell: (303) 653-8039 twestbrook@tollbrothers.com Tim Westbrook n/a City Ditch Temporary Construction Easement (Santa Fe Park Development, Crossing #2 - Waterline with Toll) $ - $ - $ - Tasha Neel Utilities Engineer II c: 720.610.0943 TNeel@englewoodco.gov Englewood Toll Southwest LLC 10 Inverness Drive East, Suite 125 Easement Page 194 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Project # / Task #Fund Division Account Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 n/a Year Solicitation Name and Number: NOTES/COMMENTS (if needed): Line Item Description Solicitation Evaluation Summary/Bid Tabulation 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 195 of 520 Page 196 of 520 Page 197 of 520 Page 198 of 520 Page 199 of 520 TO: Mayor and Council FROM: Pieter Van Ry, Englewood Utilities and South Platte Renew Director Sarah Stone, Utilities Deputy Director – Business Solutions and Engineering Tasha Neel, Utilities Engineer II DATE: August 19, 2024 Re: An Agreement and an Easement with the Public Service Company of Colorado for a City Ditch Utility Crossing EXECUTIVE SUMMARY Utilities staff is seeking City Council approval of a City Ditch Crossing and License Agreement and an associated Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) for a utility crossing across City Ditch. The Water and Sewer Board recommended Council approve the City Ditch Crossing and License Agreement and the associated Temporary Construction Easement with Xcel Energy at its August 13, 2024 meeting. BACKGROUND Two developers, Toll Southwest LLC (Toll) and TB Angeline LLC (TBAL), plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S. Santa Fe Drive and W. Mineral Ave in the City of Littleton for residential purposes. The City of Englewood (City) has critical raw water infrastructure within the property, including City Ditch. This infrastructure conveys raw water to the City for its drinking water. Toll relocated a portion of City Ditch through Santa Fe Park as part of their development in 2023. TBAL plans to relocate its portion of City Ditch through the River Park Development in the fall of 2024. The proposed crossing agreement and easement with Xcel Energy is shown in Figure 1. Figure 1: Proposed Crossing and License Agreement and Temporary Construction Easement for Xcel. Page 200 of 520 City staff is in the process of reviewing TBAL’s construction plans for the proposed City Ditch relocation through the River Park Development, verifying that the plans satisfy the City’s design standards and support the long-term operational needs for City Ditch. In order to serve the Santa Fe Park development, the proposed Xcel Energy electric utility lines need to cross below the new City Ditch alignment. ANALYSIS Staff recommends that the City Council approve a proposed City Ditch Crossing and License Agreement and a Temporary Construction Easement between the City and Xcel Energy required to protect City Ditch infrastructure. Utilities staff drafted the agreement and easement in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the agreement and easement for the proposed City Ditch utility crossing meets the City’s needs for the future. The summary of these agreements are as follows: City Ditch Crossing with the Public Service Company of Colorado (Xcel Energy): 1. City Ditch Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave: This crossing agreement with Xcel Energy includes the terms and conditions of the utility crossing of City Ditch. It allows for two (2) electrical lines to cross in 2-6” conduits. Xcel Energy will fund and complete the construction of the City Ditch crossing in this area. 2. City Ditch Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave: This construction easement with Xcel Energy includes the terms and conditions of the City granting construction access in the City Ditch Easement. Additional agreements and easements with other entities that require utility crossings of the City’s infrastructure to serve the Santa Fe Park Development are planned to be presented to the Water and Sewer Board and City Council for consideration in September 2024. FINANCIAL IMPLICATIONS Xcel Energy will complete the construction associated with this City Ditch crossing. There will be no cost to the City. CONNECTION TO STRATEGIC PLAN Infrastructure: • Proactively, in a cost-effective manner, invests, maintains, and plans to protect water infrastructure Sustainability: • Infrastructure designed and maintained economically, equitably, and ecologically • Protection of water resources, including rivers and streams PROPOSED MOTION Motion to approve, by Ordinance, a City Ditch Crossing and License Agreement and a City Ditch Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave. Page 201 of 520 ATTACHMENTS CAS/CD Crossing and License Agreement with the Public Service Company of Colorado at Santa Fe and Phillips Ave CAS/CD Temporary Construction Easement with the Public Service Company of Colorado at Santa Fe and Phillips Ave Page 202 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 10/3/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services Public Service Company of Colorado 1123 W 3rd Ave. City Ditch Crossing Agreement Denver City Ditch Crossing and License Agreement with Xcel Energy $ - $ - $ - Tasha Neel Utilities Engineer II c: 720.610.0943 TNeel@englewoodco.gov City of Englewood, Colorado CONTRACT APPROVAL SUMMARY City Ditch Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave: This crossing agreement with Xcel Energy includes the terms and conditions of the utility crossing of City Ditch. It allows for two (2) electrical lines to cross in 2-6” conduits. Xcel Energy will fund and complete the construction of the City Ditch crossing in this area. Staff recommends that the Water and Sewer Board support City Council’s approval of a City Ditch Crossing and License Agreement and a Temporary Construction Easement between the City and Xcel Energy required to protect City Ditch infrastructure. Utilities staff drafted the agreement and easement in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the agreement and easement for the proposed City Ditch utility crossing meets the City’s needs for the future. Renewal options available n/a 80223 Payment terms (please describe terms or attached schedule if based on deliverables) 303-285-6437 Brett McGrath n/a Page 203 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Project # / Task #Fund Division Account Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 Line Item Description Year Solicitation Name and Number: NOTES/COMMENTS (if needed): n/a Solicitation Evaluation Summary/Bid Tabulation 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 204 of 520 Page 205 of 520 Page 206 of 520 Page 207 of 520 Page 208 of 520 Page 209 of 520 Page 210 of 520 Page 211 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 10/3/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email CO City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services City of Englewood, Colorado CONTRACT APPROVAL SUMMARY City Ditch Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave: This construction easement with Xcel Energy includes the terms and conditions of the City granting construction access in the City Ditch Easement. Staff recommends that the Water and Sewer Board support City Council’s approval of a City Ditch Crossing and License Agreement and a Temporary Construction Easement between the City and Xcel Energy required to protect City Ditch infrastructure. Utilities staff drafted the agreement and easement in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the agreement and easement for the proposed City Ditch utility crossing meets the City’s needs for the future. Renewal options available The Project will begin no sooner than 10/15/2024 and will be completed no later than 4/15/2025 (within 6 months) of this easement being executed. This temporary construction easement will be deemed to have terminated upon completion. 80223 Payment terms (please describe terms or attached schedule if based on deliverables) 303-285-6437 Brett McGrath n/a City Ditch Temporary Construction Easement with Xcel Energy $ - $ - $ - Tasha Neel Utilities Engineer II c: 720.610.0943 TNeel@englewoodco.gov Denver Public Service Company of Colorado 1123 W 3rd Ave. Easement Page 212 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Project # / Task #Fund Division Account Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 n/a Year Solicitation Name and Number: NOTES/COMMENTS (if needed): Line Item Description Solicitation Evaluation Summary/Bid Tabulation 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 213 of 520 Page 214 of 520 Page 215 of 520 Page 216 of 520 Page 217 of 520 Page 218 of 520 Page 219 of 520 TO: Mayor and Council FROM: Pieter Van Ry, Englewood Utilities and South Platte Renew Director Sarah Stone, Utilities Deputy Director – Business Solutions and Engineering Tasha Neel, Utilities Engineer II DATE: August 19, 2024 Re: Relinquishment and Grant of Easement with TB Angeline LLC for Easement Access to the McLellan Pump Station and City Ditch EXECUTIVE SUMMARY Utilities staff is seeking City Council approval of a Relinquishment and Grant of Easement with TB Angeline LLC (TBAL) for easement access to the McLellan Pump Station and City Ditch. The Water and Sewer Board recommended Council approve the Relinquishment and Grant of Easement with TBAL at its August 13, 2024 meeting. BACKGROUND Two developers, Toll Southwest LLC (Toll) and TBAL, plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S. Santa Fe Drive and W. Mineral Ave in the City of Littleton for residential purposes. The City of Englewood (City) has critical raw water infrastructure within the property, including City Ditch and the McLellan Pump Station. This infrastructure conveys raw water to the City for its drinking water. Toll relocated a portion of City Ditch through Santa Fe Park as part of their development in 2023. TBAL plans to relocate its portion of City Ditch through the River Park Development in the fall of 2024. The proposed location for the relinquishment and grant of an easement with TBAL is shown in Figure 1. Figure 1: Location of Easement Agreements with TBAL. Page 220 of 520 City staff is in the process of reviewing TBAL’s construction plans for the proposed City Ditch relocation through the River Park Development, verifying that the plans satisfy the City’s design standards and support the long-term operational needs for City Ditch, the McLellan Pump Station and the Drain Line. During the review of the plans, TBAL is showing an encroachment for the access easement for the McLellan Pump Station and City Ditch. Staff negotiated a new easement for the area that allows for continued access to this infrastructure. ANALYSIS Staff recommends that the City Council approve the proposed Relinquishment and Grant of Easement with TBAL required to protect City Ditch, McLellan Pump Station and Drain Line infrastructure. Utilities staff drafted this easement in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the easement to grant access to the City’s critical infrastructure meets the City’s needs for the future. A summary of this easement is as follows: Englewood Relinquishment and Grant of Easement with TB Angeline LLC: 1. Relinquishment and Grant of Easement for Santa Fe Development for Pump Station and City Ditch maintenance: This agreement with TBAL will grant the City of Englewood new easements and relinquish existing easements pursuant to the “Relinquishment and Grant of Easements (City Ditch and Pump Station) Agreement” dated August 2, 2023, recorded September 15, 2023, with the Arapahoe County Clerk, at Recording Number E3063829 for the operation of and access to the Pump Station and City Ditch Maintenance and access to the McLellan Pump Station located on TBAL’s property. Additional agreements and easements with other entities that require utility crossings of the City’s infrastructure to serve the Santa Fe Park development are planned to be presented to the Water and Sewer Board and City Council for consideration in September 2024. FINANCIAL IMPLICATIONS None. CONNECTION TO STRATEGIC PLAN Infrastructure: • Proactively, in a cost-effective manner, invests, maintains, and plans to protect water infrastructure Sustainability: • Infrastructure designed and maintained economically, equitably, and ecologically • Protection of water resources, including rivers and streams PROPOSED MOTION Motion to approve, by Ordinance, a Relinquishment and Grant of Easement with TB Angeline LLC for Pump Station and City Ditch Maintenance. ATTACHMENTS CAS/CD Relinquishment and Grant of Easement with TB Angeline LLC for Pump Station and City Ditch Maintenance Page 221 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 10/3/2024 Amendment Amount End Date Amended Contract Amount Total Term in Years Vendor Contact Information: Name Contact Address Phone Email City State Zip Code Contract Type: Please select from the drop down list Descripiton of Contract Work/Services TB Angeline LLC Easement Relinquishment and Grant of Easement (Pump Station and City Ditch Maintenance) $ - $ - $ - Tasha Neel Utilities Engineer II c: 720.610.0943 TNeel@englewoodco.gov City of Englewood, Colorado CONTRACT APPROVAL SUMMARY City Ditch Relinquishment and Grant of Easement for Santa Fe Development for Pump Station and City Ditch maintenance: This agreement with TBAL will grant the City of Englewood new easements and relinquish existing easements pursuant to the “Relinquishment and Grant of Easements (City Ditch and Pump Station) Agreement” dated August 2, 2023, recorded September 15, 2023, with the Arapahoe County Clerk, at Recording Number E3063829 for the operation of and access to the Pump Station and City Ditch Maintenance and access to the McLellan Pump Station located on TBAL’s property. Staff recommends that the Water and Sewer Board support City Council’s approval of the Relinquishment and Grant of Easement with TBAL required to protect City Ditch, McLellan Pump Station and Drain Line infrastructure. Utilities staff drafted this easement in conjunction with the City’s water rights attorneys and the City Attorney’s Office to ensure the easement to grant access to the City’s critical infrastructure meets the City’s needs for the future. Renewal options available n/a Payment terms (please describe terms or attached schedule if based on deliverables) Russ Rochestie n/a Page 222 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Budget Authorization of Contract Work/Services Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Project # / Task #Fund Division Account Contract Name YES / NO Budget Date (Outstanding PO)Amount Remaining -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL -$ -$ -$ -$ -$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 Line Item Description Year Solicitation Name and Number: NOTES/COMMENTS (if needed): n/a Solicitation Evaluation Summary/Bid Tabulation 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 223 of 520 Page 224 of 520 Page 225 of 520 Page 226 of 520 Page 227 of 520 Page 228 of 520 Page 229 of 520 Page 230 of 520 Page 231 of 520 Page 232 of 520 Page 233 of 520 Page 234 of 520 Page 235 of 520 City Ditch Agreements and Easements for Santa Fe Park Development Presented By Englewood Utilities and South Platte Renew Director, Pieter Van Ry Utilities Deputy Director –Business Solutions and Engineering, Sarah Stone Pa g e 2 3 6 o f 5 2 0 Background •Santa Fe Park and River Park Developments •7 proposed agreements •Protect existing City Ditch, McLellan Pump Station •Utility crossings and easements •4 entities: •Southwest Metropolitan Water and Sanitation District (SMWSD) •Toll Southwest, LLC (Toll) •Public Service Company of Colorado (Xcel) •TB Angeline LLC (TBAL) Relocat ed City Ditch Open Channel City Ditch Santa Fe Park McLellan Drain Line Relocation P r o p o s e d R e l o c a t e d C i t y D i t c h Relocated City Ditch Pa g e 2 3 7 o f 5 2 0 City Ditch Crossing –SMWSD •Two City Ditch Crossing and License Agreements Crossing #2 – 16" Water Crossing #1 – 12" Water •Water and Sewer Board recommended City Council approval during its August 13, 2024 meeting. Pa g e 2 3 8 o f 5 2 0 •Temporary Construction Easements for SMWSD Waterlines City Ditch Crossing –Toll Crossing #1 – 12" Water Crossing #2 – 16" Water •Water and Sewer Board recommended City Council approval during its August 13, 2024 meeting. Pa g e 2 3 9 o f 5 2 0 City Ditch Crossing –Xcel Energy •Crossing and License Agreement •Temporary Construction Easement Approximate Location •Water and Sewer Board recommended City Council approval during its August 13, 2024 meeting. Pa g e 2 4 0 o f 5 2 0 •Relinquishment and Grant of Easement for City Ditch and McLellan Pump Station Access Easement with TBAL McLellan Pump Station •Water and Sewer Board recommended City Council approval during its August 13, 2024 meeting. Pa g e 2 4 1 o f 5 2 0 Questions? Pa g e 2 4 2 o f 5 2 0 Thank you Pa g e 2 4 3 o f 5 2 0 1 ORDINANCE COUNCIL BILL NO. 36 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER A BILL FOR AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL SOUTHWEST LLC, PUBLIC SERVICE COMPANY OF COLORADO, TB ANGELINE LLC AND AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT FOR UTILITY CROSSINGS OF CITY DITCH. WHEREAS, Toll Southwest LLC (“Toll”) and TB Angeline LLC (“TBAL”) plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S. Santa Fe Drive and W. Mineral Avenue in the City of Littleton for residential purposes; and WHEREAS, the City of Englewood (“City”) owns critical raw water infrastructure within the property proposed for development, including the City Ditch, the McLellan Pump Station, and the McLellan Reservoir drain line (“Drain Line”), which convey raw water to the City for drinking water and leased water to the Centennial Water and Sanitation District (“CWSD”); and WHEREAS, the Southwest Metropolitan Water and Sanitation District (“SMWSD”), and the Public Service Company of Colorado (“Xcel Energy”) propose to cross the City Ditch with utility crossings in areas adjacent to the development to facilitate the project; and WHEREAS, to accommodate the proposed development and enhance the City’s infrastructure, TBAL has proposed relocating a portion of the City Ditch to align with an existing open channel that the City plans to pipe as part of the City Ditch Piping Project; and WHEREAS, the following agreements are necessary to protect the City Ditch infrastructure and the McLellan Pump Station property, including: Crossing and License Agreements with SMWSD: 1. City Ditch Crossing and License Agreement with SMWSD for Crossing # 1 – 12- inch Waterline: This agreement defines the terms and conditions for the utility crossing of City Ditch by a 12-inch waterline crossing under City Ditch at Santa Fe and West Phillips Avenue. Toll will pay the construction costs for this crossing. 2. City Ditch Crossing and License Agreement with SMWSD for Crossing # 2 – 16- inch Waterline: Rhis agreement outlines the terms and conditions for the utility Page 244 of 520 2 crossing of the City Ditch by a 16-inch waterline near the southern end of the property at Santa Fe. Toll will also cover the construction costs for this crossing. Temporary Construction Easements with Toll: 1. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 1 – 12-inch Waterline: This easement specifies the terms and conditions for the construction of a 12-inch waterline under the City Ditch at Santa Fe and the proposed West Phillips Avenue. 2. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 2 – 16-inch Waterline: This easement defines the terms and conditions for the construction of a 16-inch waterline under the City Ditch near the southern end of the property at Santa Fe. City Ditch Crossing with the Xcel Energy: 1. City Ditch Crossing and License Agreement with Xcel Energy at Santa Fe and Phillips Ave: This agreement permits the crossing of two electrical lines in two 6- inch conduits across the City Ditch. Xcel Energy will fund and complete the construction of this crossing. 2. City Ditch Temporary Construction Easement with Xcel Energy at Santa Fe and Phillips Ave: This easement grants Xcel Energy construction access in the City Ditch Easement area. Englewood Relinquishment and Grant of Easement with TBAL: 1. City Ditch Relinquishment and Grant of Easement for Santa Fe Development for Pump Station and City Ditch Maintenance: This agreement grants the City new easements for City Ditch maintenance and access to the McLellan Pump Station on TBAL's property, while relinquishing an adjacent easement. It also provides the City with an access easement for future rehabilitation or expansion of the McLellan Pump Station. WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourage and authorize intergovernmental agreements, including those requested between the City and SMWSD; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments, including the City and political subdivisions such as SMWSD, to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Water and Sewer Board recommended that the City Council approve the agreements listed above during its August 13, 2024 meeting; and Page 245 of 520 3 WHEREAS, the Department of Utilities seeks City Council approval of these agreements for the relinquishment and grant of an easement of a portion of City Ditch and the proposed utility crossings of the City Ditch. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of City Ditch Crossing and License Agreement, Crossing # 1 – Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of City Ditch Crossing and License Agreement, Crossing # 2 – Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit B. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of City Ditch Temporary Construction Easement, Crossing # 1 – Waterline with Toll Southwest LLC for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit C. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Temporary Construction Easement, Crossing # 2 – Waterline with Toll Southwest LLC for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit D. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave, in the form substantially the same as that attached hereto as Exhibit E. Section 6. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave in the form substantially the same as that attached hereto as Exhibit F. Section 7. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Relinquishment and Grant of Easement with TB Angeline LLC for Pump Station and City Ditch Maintenance in the form substantially the same as that attached hereto as Exhibit G. Section 8. 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 Page 246 of 520 4 invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance and has the authority to correct formatting and/or typographical errors discovered during codification. 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 247 of 520 1 ORDINANCE COUNCIL BILL NO. 36 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER A BILL FOR AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL SOUTHWEST LLC, PUBLIC SERVICE COMPANY OF COLORADO, TB ANGELINE LLC AND AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT FOR UTILITY CROSSINGS OF CITY DITCH. WHEREAS, Toll Southwest LLC (“Toll”) and TB Angeline LLC (“TBAL”) plan to develop the River Park and the Santa Fe Park properties in the general area of the southwest corner of S. Santa Fe Drive and W. Mineral Avenue in the City of Littleton for residential purposes; and WHEREAS, the City of Englewood (“City”) owns critical raw water infrastructure within the property proposed for development, including the City Ditch, the McLellan Pump Station, and the McLellan Reservoir drain line (“Drain Line”), which convey raw water to the City for drinking water and leased water to the Centennial Water and Sanitation District (“CWSD”); and WHEREAS, the Southwest Metropolitan Water and Sanitation District (“SMWSD”), and the Public Service Company of Colorado (“Xcel Energy”) propose to cross the City Ditch with utility crossings in areas adjacent to the development to facilitate the project; and WHEREAS, to accommodate the proposed development and enhance the City’s infrastructure, TBAL has proposed relocating a portion of the City Ditch to align with an existing open channel that the City plans to pipe as part of the City Ditch Piping Project; and WHEREAS, the following agreements are necessary to protect the City Ditch infrastructure and the McLellan Pump Station property, including: Crossing and License Agreements with SMWSD: 1. City Ditch Crossing and License Agreement with SMWSD for Crossing # 1 – 12- inch Waterline: This agreement defines the terms and conditions for the utility crossing of City Ditch by a 12-inch waterline crossing under City Ditch at Santa Fe and West Phillips Avenue. Toll will pay the construction costs for this crossing. 2. City Ditch Crossing and License Agreement with SMWSD for Crossing # 2 – 16- inch Waterline: Rhis agreement outlines the terms and conditions for the utility Page 248 of 520 2 crossing of the City Ditch by a 16-inch waterline near the southern end of the property at Santa Fe. Toll will also cover the construction costs for this crossing. Temporary Construction Easements with Toll: 1. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 1 – 12-inch Waterline: This easement specifies the terms and conditions for the construction of a 12-inch waterline under the City Ditch at Santa Fe and the proposed West Phillips Avenue. 2. City Ditch Temporary Construction Easement for the Santa Fe Development, Crossing # 2 – 16-inch Waterline: This easement defines the terms and conditions for the construction of a 16-inch waterline under the City Ditch near the southern end of the property at Santa Fe. City Ditch Crossing with the Xcel Energy: 1. City Ditch Crossing and License Agreement with Xcel Energy at Santa Fe and Phillips Ave: This agreement permits the crossing of two electrical lines in two 6- inch conduits across the City Ditch. Xcel Energy will fund and complete the construction of this crossing. 2. City Ditch Temporary Construction Easement with Xcel Energy at Santa Fe and Phillips Ave: This easement grants Xcel Energy construction access in the City Ditch Easement area. Englewood Relinquishment and Grant of Easement with TBAL: 1. City Ditch Relinquishment and Grant of Easement for Santa Fe Development for Pump Station and City Ditch Maintenance: This agreement grants the City new easements for City Ditch maintenance and access to the McLellan Pump Station on TBAL's property, while relinquishing an adjacent easement. It also provides the City with an access easement for future rehabilitation or expansion of the McLellan Pump Station. WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourage and authorize intergovernmental agreements, including those requested between the City and SMWSD; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments, including the City and political subdivisions such as SMWSD, to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Water and Sewer Board recommended that the City Council approve the agreements listed above during its August 13, 2024 meeting; and Page 249 of 520 3 WHEREAS, the Department of Utilities seeks City Council approval of these agreements for the relinquishment and grant of an easement of a portion of City Ditch and the proposed utility crossings of the City Ditch. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of City Ditch Crossing and License Agreement, Crossing # 1 – Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of City Ditch Crossing and License Agreement, Crossing # 2 – Waterline with Southwest Metropolitan Water and Sanitation District for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit B. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of City Ditch Temporary Construction Easement, Crossing # 1 – Waterline with Toll Southwest LLC for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit C. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Temporary Construction Easement, Crossing # 2 – Waterline with Toll Southwest LLC for the Santa Fe Development, in the form substantially the same as that attached hereto as Exhibit D. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Crossing and License Agreement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave, in the form substantially the same as that attached hereto as Exhibit E. Section 6. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Temporary Construction Easement with the Public Service Company of Colorado (Xcel Energy) at Santa Fe and Phillips Ave in the form substantially the same as that attached hereto as Exhibit F. Section 7. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the City Ditch Relinquishment and Grant of Easement with TB Angeline LLC for Pump Station and City Ditch Maintenance in the form substantially the same as that attached hereto as Exhibit G. Section 8. 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 Page 250 of 520 4 invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance and has the authority to correct formatting and/or typographical errors discovered during codification. 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 251 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Lucia Magnuson DEPARTMENT: Communications, Information Technology DATE: August 19, 2024 SUBJECT: SIPA Eligible Government Entity Agreement DESCRIPTION: An eligible government entity agreement needs to be signed with the Colorado Statewide Internet Portal Authority (SIPA) in order to apply for a SIPA Grant. RECOMMENDATION: Staff recommends that council approves the ordinance for the eligible government entity agreement with SIPA. SUMMARY: An eligible government entity (EGE) Agreement is necessary to procure products and services or apply for a SIPA Grant. SIPA requires any Colorado government wanting to work with SIPA to have an EGE Agreement on file. Here are some examples of the projects eligible for SIPA grants: Digital Government Services (websites, payment systems, apps, forms) Implementation or Consulting Services Software Licenses Accessibility Enhancements Cybersecurity Measures Office Productivity Tools Community Engagement Solutions COUNCIL ACTION REQUESTED: Staff recommends that council approves the ordinance for the eligible government entity agreement with SIPA. FINANCIAL IMPLICATIONS: There is not fiscal impact associated with this action. ATTACHMENTS: 2024 SIPA EGE Template Sample - Accessibility Laws May 2024 CB #33 - IGA with Internet Portal Auth. SIPA Page 252 of 520 ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY AND ___________________________________________ PREAMBLE This Eligible Governmental Entity (EGE) Agreement (“Agreement”) is made and entered into as of the date of the last signature below (the “Effective Date”) by and between _______________________________________________(“EGE”) and the Colorado Statewide Internet Portal Authority (“SIPA”) established pursuant to §§ 24-37.7-101 et seq., C.R.S., with its office at 950 South Cherry Street, Suite 900, Denver, Colorado, 80246. SIPA and EGE wish to enter into a cooperative agreement under which services can be provided at the discretion of both Parties. BACKGROUND Pursuant to §§ 24-37.7-101 through 114, C.R.S., SIPA is created as a body corporate and political subdivision of the state to provide electronic information, products, and services to all state agencies, local governments, and members of the public, and, among other things, to give members of the public, state agencies, and local governments an alternative way to transact business. Pursuant to § 24-37.7- 104(1)(q), SIPA is authorized to enter into agreements and contracts for electronic information, products, and services and all state agencies and local governments (as defined within § 24-37.7-101) are authorized to enter into and do all things necessary to perform any such arrangements or contracts with SIPA, including this EGE Agreement. Neither Party is committing funds or required to perform services as part of this agreement. SIPA has entered into certain contracts with its suppliers to provide electronic information, products, and services which will be available to EGE pursuant to this EGE Agreement, which includes the statewide internet portal managed by the statewide internet portal integrator, as defined in § 24-37.7-101, C.R.S. (“Portal Integrator”). GENERAL TERMS SIPA will provide, through its suppliers, electronic information, products, and services to EGE pursuant to an Order under this Agreement (“Order”). An Order will be prepared for each electronic information, product, and service and mutually signed by SIPA and EGE. SIPA and EGE agree as follows: Page 253 of 520 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 2 of 7 1. EGE shall make available to SIPA electronic information maintained and owned by EGE as is necessary to complete the agreed-upon work as set forth in an Order under this Agreement. As mutually agreed upon in subsequent Orders under this Agreement, EGE will provide reasonable levels of support in placing online with SIPA certain EGE-owned electronic information, as mutually agreed by EGE and SIPA, with due regard to the workload and priorities of EGE and SIPA. 2. SIPA may, with the authorization of EGE, through the statewide internal portal, make public electronic information made available to it available to the general public, including EGE’s public electronic information. The Parties agree to use their best efforts to provide adequate and uninterrupted service under the terms of this Agreement. However, neither Party shall be liable for interruption of service when the same shall be due to circumstances beyond the reasonable control of either Party, its agents or employees, including but not limited to unanticipated equipment malfunction, periodic maintenance or update of the computer systems upon which such EGE electronic information resides, or interruption of service due to problems with the Colorado statewide area network or due to problems with any telecommunications provider. 3. SIPA and EGE may enter into an Order under this Agreement. Orders under this Agreement shall describe specific services and applications to be provided to EGE. EGE acknowledges that services and applications are usually offered by SIPA’s suppliers. Orders shall cover the purchase of electronic information, products, and services from SIPA through the use of EGE funds. All Orders involving EGE funds may be approved by the EGE official with authority to execute such agreement. Orders shall contain specific time or performance milestones for SIPA's supplier(s), timelines for completion of relevant Orders, including design specifications and other criteria relevant to the completion of applicable Orders, criteria, and procedures for acceptance by EGE and remedying incomplete or inaccurate work for each phase of relevant Orders. 4. SIPA shall be responsible for the operation of, and all costs and expenses associated with, establishing and maintaining electronic access to EGE electronic information, databases or other software applications, including (but without limitation) the cost of purchasing, developing, and maintaining programs used to interface with EGE software applications that provide access to EGE-owned electronic information, products, and services. EGE acknowledges SIPA may at its discretion use suppliers to perform certain obligations. EGE’s maximum financial obligation for establishing and maintaining electronic access to EGE databases or other software applications shall be limited to the amount(s) set forth and appropriated pursuant to each individual Order under this Agreement. 5. Each Party shall have the right to terminate this Agreement by giving the other Party 10 days’ written notice. Unless otherwise specified in such notice, this Agreement will terminate at the end of such 10-day period, and the liabilities of the Parties hereunder for further performance of the terms of this Page 254 of 520 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 3 of 7 Agreement shall thereupon cease, but the Parties shall not be released from any duty to perform up to the date of termination. Work authorized under an individual Order under this Agreement will be subject to the terms and conditions of that document. 6. None of the terms or conditions of this Agreement gives or allows any claim, benefit, or right of action by any third person not a party hereto. Nothing in this Agreement shall be deemed as any waiver of immunity or liability limits granted to SIPA or EGE by the Colorado Governmental Immunity Act or any similar statutory provision. 7. This Agreement (and related Orders) constitutes the entire agreement of the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified, or changed, in whole or part, only by written agreement approved by each party. 8. Neither SIPA nor its suppliers have responsibility for the accuracy or completeness of the electronic information contained within EGE’s databases. SIPA and its suppliers shall be responsible only for the accurate and complete transmission of electronic information to and from such EGE databases, in accordance with the specifications of any EGE-owned software. For the purposes of the Colorado Open Records Act, EGE shall be the custodian of record. Neither SIPA nor its suppliers shall be deemed to be either the custodian of record or the custodian's agent. 9. This Agreement and any written amendments thereto may be executed in counterpart, each of which shall constitute an original and together, which shall constitute one and the same agreement. Delivery of an executed signature page of this Agreement will constitute effective and binding execution and delivery of this Agreement. 10.Confidential information for the purpose of this Agreement is information relating to SIPA’s or EGE’s research, development, trade secrets, business affairs, internal operations, management procedures, and information not disclosable to the public under the Colorado Open Records Act or some other law or privilege. Confidential information does not include information lawfully obtained through third parties, which is in the public domain, or which is developed independently without reference to a Party’s confidential information. Neither Party shall use or disclose, directly or indirectly, without prior written authorization, any confidential information of the other. SIPA shall use its reasonable best efforts to ensure that its suppliers protect EGE confidential information from unauthorized disclosure. Notwithstanding anything to the contrary herein, each Party acknowledges that given the subject matter of this Agreement, such Party shall not disclose confidential information of the other (whether in written or electronic form) to any third party, except as required by law or as necessary to carry out the specific purpose of this Agreement; provided, however, that if such disclosure is Page 255 of 520 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 4 of 7 necessary, any third party who receives such confidential information shall also be bound by the nondisclosure provisions of this Section 10. Upon termination of this Agreement, the Parties shall return or destroy (at the other Party’s request) all confidential information of the other and if such information is destroyed, each Party shall demonstrate evidence of such destruction to the other. 11.SIPA must approve all requests from EGE CUSTOMERS for Electronic Information, Products, and Services pursuant to an Order under this Agreement. MISCELLANEOUS PROVISIONS Independent Authority. SIPA shall perform its duties hereunder as an independent authority and not as an employee of EGE. Neither SIPA nor any agent or employee of SIPA shall be deemed to be an agent or employee of EGE. SIPA acknowledges that SIPA and its employees or agents are not entitled to EGE employment or unemployment benefits unless SIPA or a third party provides such benefits and that EGE does not pay for or otherwise provide such benefits. SIPA shall have no authorization, express or implied, to bind EGE to any agreements, liability, or understanding except as expressly authorized by EGE. SIPA and its agents shall provide and keep in force workers’ compensation (and provide proof of such insurance when requested by EGE) and unemployment compensation insurance in the amount required by law, and shall be solely responsible for the acts of SIPA, its employees and agents. Non-discrimination. SIPA agrees to comply with the letter and the spirit of all applicable state and federal laws respecting illegal discrimination and unfair employment practices. Choice of Law. The laws of the State of Colorado (except Colorado laws related to choice of law or conflict of law) and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. At all times during the performance of this Agreement, SIPA and EGE shall adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. Any legal action related to this Agreement shall be brought in either a state or federal court within the City and County of Denver, Colorado. Access to Data. SIPA shall have no access to EGE’s data, including but not limited to PII and information protected by FERPA and HIPAA. All EGE data shall remain in possession of EGE. If a SIPA supplier may have access to PII, the SIPA supplier will be responsible for ensuring compliance with any regulations related to such access. PCI Compliance. If at any point during the term of this Agreement, EGE performs payment processing through SIPA and the Portal Integrator, EGE agrees to identify a single point of contact for the EGE and maintain up to date contact information. The single point of contact will: ● Assign security responsibility to a primary person; ● Ensure security policies are developed or adhere to state security policies and are practiced; Page 256 of 520 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 5 of 7 ● Maintain an Information Security Policy that addresses Information Security for employees and contractors; ● Annually respond to the Compliance Validation Assessment or appropriate self-assessment questionnaires (SAQ); ● Annually train employees on security awareness that includes but is not limited to credit card payment account handling procedures, device inspection, and how to report security incidents. An online training link will be provided to the point of contact by SIPA or the Portal Integrator annually; ● Maintain an Incident Response Plan; ● Notify SIPA and the Portal Integrator, as soon as possible, whenever a suspected Incident has occurred involving cardholder data or credit card reading devices; ● Maintain up-to-date contact information with the Portal Integrator; and ● Identify the payment flow for the payment solutions implemented within its organization. These requirements will be updated in writing by SIPA and the Portal Integrator if PCI security requirements change. The above responsibilities will apply to all EGE payment processing, regardless of the supplier providing the services. Any EGE contracting with a payment processor supplier that is not the Portal Integrator may be subject to additional responsibilities related to the completion of the annual SAQ. In that event, the EGE or the payment processing supplier is responsible for management of the SAQ process as relates to that portion of the application capturing payment card information. Website Accessibility. The Portal Integrator will comply with the requirements of state and federal accessibility rules and laws, including but not limited to those established in Colorado HB21-1110, Colorado SB23-244, 8 CCR 1501-11 (Rules Establishing Technology Accessibility Standards), and C.R.S. § 24-34-801 et seq. as relates to any website provided by SIPA to EGE to ensure that the platform on which the website is built and hosted is compliant. EGE agrees to comply with the requirements of state and federal accessibility rules and laws as relates to any website provided by SIPA to EGE to ensure that the content of any website provided by SIPA to EGE is compliant. Software Piracy Prohibition. No State or other public funds payable under this Agreement shall knowingly be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. SIPA hereby certifies that, for the term of this Agreement and any extensions, SIPA has in place appropriate systems and controls to prevent such improper use of public funds. If EGE determines that SIPA is in violation of this paragraph, EGE may exercise any remedy available at law or equity or under this Agreement, including, without limitation, immediate termination of the Agreement and any remedy consistent with United States copyright laws or applicable licensing restrictions. Notices. All notices required or permitted under this Agreement shall be in writing and delivered personally, by facsimile, by email or by first class certified mail, return Page 257 of 520 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 6 of 7 receipt. If delivered personally, notice shall be deemed given when received. If delivered by facsimile or email, notice shall be deemed given upon full transmission of such notice and confirmation of receipt during regular business hours. If delivered by mail, notice shall be deemed given at the date and time indicated on the return receipt. Notices shall be delivered to: If to SIPA: Statewide Internet Portal Authority Attn: EGE Administrator 950 South Cherry Street, Suite 900 Denver, CO 80246 Phone: (720) 409-5634 sipa@cosipa.gov If to EGE: Attn: Street Address: City, State, Zip: Phone: Email: and/or Attn: Street Address: City, State, Zip: Phone: Email: and to other address or addresses as the parties may designate in writing. Third Party Beneficiary. EGE shall enjoy those rights of a third party as may be set forth expressly in any contract between SIPA and its suppliers under which SIPA provides electronic information, products, and services to EGE. Disputes. Any failure of either Party to perform in accordance with the terms of this Agreement shall constitute a breach of the Agreement. Any dispute concerning the performance of this Agreement which cannot be resolved at the operational level shall be referred to superior management and staff designated by each Party. Failing resolution at this level, EGE may ask the SIPA Board of Directors to address the dispute. If the dispute is not resolved after reference to the SIPA Board of Directors, the Parties may use whatever procedures may be available, including but not limited to termination of the Agreement. Page 258 of 520 2024 Statewide Internet Portal Authority Eligible Government Entity Agreement Page 7 of 7 This Agreement is entered into as of the day and year set forth above. Sign Ajay Bagal, Executive Director Statewide Internet Portal Authority Print Name___________________ Date Signed: Title __________ Entity_______________________ Date Signed:__________________ Page 259 of 520 1 ORDINANCE COUNCIL BILL NO. 33 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY FOR THE ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE COLORADO STATEWIDE INTERNET PORTAL AUTHORITY AND THE CITY OF ENGLEWOOD WHEREAS, Sections 24-37.7-102 to 24-37.7-114, C.R.S. created the Statewide Internet Portal Authority (SIPA); and WHEREAS, the Colorado Legislature created SIPA to grant access to technology, electronic information products, and services to state and local governments; and WHEREAS, SIPA negotiates partnerships and prices with private vendors for technology products and services; and WHEREAS, the City has the opportunity to participate in SIPA negotiated cooperative agreements; and WHEREAS, SIPA provides grant programs for local government entities; and WHEREAS, SIPA grant opportunities would enhance the digital services provided to the residents of the City by improving digital platforms and services by modernizing infrastructure; and WHEREAS, applying for SIPA grants could lead to significant cost savings for the City; and WHEREAS, SIPA requires eligible local governments to enter into a cooperative agreement to access SIPA resources and programs; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into an Intergovernmental Agreement between the City of Englewood and the Colorado Statewide Internet Portal Authority; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and Page 260 of 520 2 WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the Colorado Statewide Internet Portal Authority for the Eligible Governmental Entity Agreement between the Colorado Statewide Internet Portal Authority and the City of Englewood, in the form substantially the same as that attached hereto. Section 2. General Provisions 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 Page 261 of 520 3 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 5th day of August, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 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 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 262 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Shawn Weiske DEPARTMENT: Human Resources DATE: August 19, 2024 SUBJECT: Approval of the 2025 - 2026 Collective Bargaining Agreement between the City of Englewood and the Englewood Police Benefit Association DESCRIPTION: Approval of the 2025 - 2026 EPBA CBA RECOMMENDATION: Approval of the proposed 2025 - 2026 Collective Bargaining Agreement between the City and the Englewood Police Benefit Association SUMMARY: Under the terms within the Englewood Home Rule Charter Article XV, Englewood Employee Relations and Career Service Systems Act, the City is required to collectively bargain with its certified employee organizations. The City currently has recognized two organizations: Englewood Employee Association (EEA) and the Englewood Police Benefit Association (EPBA). The current contract of the EPBA expires on December 31, 2024. During negotiations, the City was represented by Human Resources Director Shawn Weiske, Finance Director Kevin Engels, Deputy City Attorney Victoria McDermott, Senior Human Resources Business Partner Alexa Hahn-Dunn, Management Fellow Elizabeth Ramsey, Deputy Chief Vance Fender, Division Chief Dave LeClair, and HR Operations Manager Katie Fowler. (collectively, the Bargaining Team). City Manager Shawn Lewis, Deputy City Manager Tim Dodd, and City Attorney Tamara Niles were kept apprised of the City’s bargaining positions and the Bargaining Team’s recommendations as negotiations moved toward an agreement. City Staff and the EPBA formally met on seven (7) occasions over approximately eleven (11) weeks. Additional negotiations were conducted via email to finalize a tentative agreement. Both parties negotiated in good faith and believe the terms for the proposed 2025 – 2026 CBA address the unique economic and societal challenges we are currently facing while providing for additional discussions in 2025 to ensure long-term financial sustainability. The EPBA and City staff deem their negotiations a success and, together, are recommending adoption of the proposed CBA. Page 263 of 520 If Council decides not to approve the proposed collective bargaining agreement between the City and the EPBA, the parties will be forced to enter into binding arbitration. ANALYSIS: With respect to the specific CBA Articles that were the subjects of negotiation: Article 1: Duration of the Agreement Change “Conclusion Date”: December 31, 2026 Change dates in “Contract” to January 1, 2025 and December 31, 2026 (2 year agreement) Change “Effective Date” to January 1, 2025 Article 3: Employee Rights Increase EPBA Training hours from two hundred (200) hours per year to three hundred (300) hours per year Article 6: Bidding Procedures for Shift Assignment Clarification of bidding process and changes to title positions to correspond with current class and comp terminology Article 9: Compensation 2025: City shall provide a two percent (2%) salary increase to all bargaining unit members 2026: Wage re-opener to discuss 2026 wages in conjunction with Retiree Health benefit enhancements; negotiations shall commence no later than May 1, 2025 Increase bi-lingual pay to $1,800 annually for “in demand” languages, and $1,300 for all other languages Article 11: Overtime Voluntary overtime will be posted in advance and provided on a first come first served basis, with the ability of more senior officers to “bump” less senior officers Article 16: Holiday and Holiday Leave Memorialized the inclusion of Juneteenth and elimination of President’s Day as a City recognized holiday Memorialized the floating Cultural Recognition Day Article 19: Military Leave Increase the Military Leave benefit from one-hundred twenty (120) hours annually, to one hundred fifty (150) hours annually to ensure consistency with established EPD scheduling. Article 22: Workers Compensation and Death and Disability Benefits Clarifications and changes to provide clear direction for modified duty assignments, including specified timeframes for light duty work. Article 24: Retiree Health 2025: Maintain current contract language 2026: Parties agree to a re-opener on Retiree Health and employer provided health insurance changes in conjunction with the compensation re-opener to engage in negotiations on or before May 1, 2025. Page 264 of 520 Article 33 (New Article): Off Duty Pay Parties agree to a re-opener on Off Duty Pay assignment administration by utilizing a mutually agreed upon third party contractor to set up and administer the program; parties agree to establish the program by end of October 2024. COUNCIL ACTION REQUESTED: Staff recommends that the City Council approve the proposed 2025 - 2026 Agreement between the City of Englewood and the Englewood Police Benefit Association. FINANCIAL IMPLICATIONS: The fiscal implications of this proposed CBA include: a 2% annual salary increase in 2025 for each covered employee Language Pay program change for in demand languages will be subject to $1,800 annually, while all others remain at $1,300 annually ATTACHMENTS: Proposed 2025 - 2026 EPBA CBA Page 265 of 520 1 Tentative Agreement 7-10-2024 COLLECTIVE BARGAINING AGREEMENT By & Between THE CITY OF ENGLEWOOD, COLORADO And THE ENGLEWOOD POLICE BENEFIT ASSOCIATION JANUARY 1, 2025 – DECEMBER 31, 2026 Page 266 of 520 2 Tentative Agreement 7-10-2024 ■ RECITALS I. This Collective Bargaining Agreement (the “Contract”) By and Between the City of Englewood, Colorado (the “City”) and the Englewood Police Benefits Association (the (“EPBA”) (collectively, the “Parties”) was negotiated by the Parties commencing upon and concluding upon . II. Throughout the negotiation of the Contract, the EPBA was represented by: A. Sean McCauley of the law firm McCauley & Roach; B. Officer Dirk Smith; C. Officer Dave Jones; D. Officer John Hoehler; E. Officer Mark Douglas; F. Officer Matt Karr G. Officer Timothy Weeks III. Throughout the negotiation of the Contract, the City was represented by: A. Shawn Weiske, City Human Resources Director; B. Katie Fowler, City Human Resources Manager; C. David LeClair, Division Chief ; D. Victoria McDermott, Deputy City Attorney; E. Vance Fender, Deputy Chief; and F. Kevin Engles, Director of Finance. IV. Bargaining Teams for the City and the EPBA reached tentative agreements on all Articles of the Contract on July 1, 2024. V. members of the EPBA voted unanimously to ratify the Contract between . Page 267 of 520 3 Tentative Agreement 7-10-2024 VI. The Englewood City Council voted unanimously to ratify the Contract on , 2024. VII. The Contract is intended to promote harmonious relations; an equitable and workable procedure for the resolution of differences; the establishment of rates of pay and hours of work; and other conditions of employment as permitted by the City’s Home Rule Charter (the “Charter”). Page 268 of 520 4 Tentative Agreement 7-10-2024 VIII. Nothing in this Contract shall be construed to restrict, limit, or impair the rights, powers, and authorities of the City as granted to it by the Constitution of the State of Colorado, by State statute, by State regulation, by Charter, or by City Ordinance , to: A. Maintain and improve the efficient operation, and effectiveness, of Police Department operations; B. Determine the overall methods, processes, means, job classifications or staffing by which Police Department operations are conducted; C. Hire; supervise; promote; schedule; retain; discipline; or terminate the employment of Police Officers; D. Take any and all actions to carry out the mission of the City, and of the Police Department, in cases of emergency. ■ DEFINITIONS For purposes of this Contract: I. Administrative Policy Manual means the Administrative Policy Manual of the City of Englewood, Colorado, as updated September 2017, and as thereafter revised from time to time. II. Bargaining Unit means the group composed of all Officers. III. Charter means the Home Rule Charter of the City of Englewood, Colorado. IV. Chief means the Chief of the Englewood Police Department. V. City means the City of Englewood, Colorado. VI. City Manager means the City Manager of Englewood. VII. Conclusion Date means December 31, 2024. VIII. Contract means the Collective Bargaining Agreement between the City of Englewood, Colorado and the Englewood Police Benefit Association for the period commencing on January 1, 2025 and concluding on December 31, 2026. IX. Contract Term means the period commencing on the Effective Date and concluding on the Conclusion Date. Page 269 of 520 5 Tentative Agreement 7-10-2024 X. Corrective Action has the meaning set forth in the Policy Manual. XI. Department means the Englewood Police Department. XII. Disciplinary Action has the meaning set forth in the Policy Manual. XIII Effective Date means January 1, 20 2025 XIV. Employee Organization means the EPBA. XV. EPBA means the Englewood Police Benefit Association in its capacity as the exclusive bargaining representative of the Officers covered by this Contract. XVI. Immediate Family Member means an Employee's spouse or domestic partner, or the children, stepchildren, foster children, grandchildren, parents, grandparents, brother, or sister of the Employee, or of the Employee’s spouse or domestic partner. XVII. Letter of Corrective Action has the meaning set forth in the Policy Manual. XVIII. Log Entry has the meaning set forth in the Policy Manual. XIX. Municipal Code means the Englewood Municipal Code 2000, as amended from time to time. XX. Officer means a full-time, classified, sworn police officer below the rank of sergeant employed by the City. XXI. Overtime Pay means pay calculated at one and one-half (1.5) times an Officer’s regular Hourly Rate. XXII. Overtime Work means each hour, or fraction thereof, worked in excess of an Officer’s regular, daily work schedule. XXIII. Parties means, collectively, the City and the EPBA. XXIV. Policy Manual means the City of Englewood Police Department Policy Manual, as amended from time to time. XXV. Prior Contract means the Collective Bargaining Agreement between the City of Englewood, Colorado and the Englewood Police Benefit Association for the period commencing on January 1, 2023 and concluding on December 31, 2024. XXVI. Probationary Period has the meaning set forth in the Policy Manual. Page 270 of 520 6 Tentative Agreement 7-10-2024 ARTICLE 1. DURATION OF CONTRACT I. This Contract shall take effect on January 1, 2025 (the “Effective Date”) and shall continue in force through and including December 31, 2026 (the “Conclusion Date”). The parties further agree to re-open negotiations on wages, retiree health insurance and health insurance as provided herein, and also on a new proposed article regarding Off Duty Pay (development and implementation of program administered by a third - party contractor). Should the parties be unable to reach an agreement during the re- opener on these issues, they shall proceed to the impasse procedures and adhere to the time frames found in Article XV, Section 137:6 of the Englewood City Charter. II. This Contract, or any part or parts of it, may be terminated or renegotiated at any time by mutual agreement of the Parties. III. If any Article or Section of this Contract should be held invalid by operation of law, or by any Court of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the Parties shall promptly meet and negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement for such Article or Section. IV. The Parties agree and understand that the provisions of this Contract shall in no way displace or modify present or future statutory or case law of the State of Colorado. V. The Parties acknowledge that during negotiations which resulted in this Contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for contract negotiations and that the understandings and agreements arrived at by the Parties after this exercise of that right and opportunity are set forth in the Contract. Page 271 of 520 7 Tentative Agreement 7-10-2024 ARTICLE 2. RECOGNITION The City recognizes the EPBA as the Employee Organization certified by the City as the exclusive representative of Officers within the Bargaining Unit. Page 272 of 520 8 Tentative Agreement 7-10-2024 ARTICLE 3. EMPLOYEE RIGHTS I. An Officer who is a member of the Bargaining Unit shall have the right to: A. Form, join, support, or participate in, or to refrain from forming, joining, supporting, or participating in an Employee Organization and its lawful activities; B. Bargain collectively through her or his Employee Organization; C. Be free from interference with, restraint from, coercion because of, or discrimination in response to, the Officer’s exercise of the rights set forth in this Contract. II. The Parties agree that an Officer accused of wrongdoing related to her or his employment with the Department shall be entitled to an impartial investigation of those accusations conducted in accordance with policies and procedures adopted and published by the Department, which shall not be revised by the Department absent advance consultation with, and review by, the EPBA. III. The City shall provide Officers a total annual allotment of three hundred (300) hours of paid leave to attend trainings or conferences related to the Officer’s participation in the EPBA. The EPBA, rather than the City, shall bear those costs related to the Officer’s participation in these trainings. An Officer’s participation in these trainings is subject to the Chief’s approval, based upon the Department’s staffing needs. Page 273 of 520 9 Tentative Agreement 7-10-2024 ARTICLE 4. SENIORITY I. For the purposes of this Contract, seniority shall be determined by length of continuous full-time service with the Department beginning on the date an Officer is sworn in as a City police officer. In cases where two or more Officers have the same hire date, the badge number as issued by the Department shall establish priority of position on the seniority list. Officers shall not continue to accrue seniority while laid off, and seniority will terminate when an Officer has been laid off for a period of twelve (12) months. II. After an Officer successfully completes the Probationary Period, their name shall appear on the seniority list as of their date of hire as a City police officer. III. The seniority of an Officer shall terminate when an Officer who has been laid off fails to return to work within seven (7) days of the date upon which the City issues the Officer a request to return to work. IV. When an Officer's employment with the City is terminated for any reason, and the Officer is subsequently reinstated, the Officer’s seniority shall be restored as if they had never been terminated. V. If an Officer is absent for three (3) consecutive regularly scheduled working days without communicating with their supervisor, absent good cause as determined by the Chief, the Officer shall be deemed to have abandoned their position and to have forfeited their seniority. VI. An Officer who is rehired not later than eighteen (18) months after leaving City employment will have their prior seniority restored to the level at which it existed on the Officer’s termination date. Page 274 of 520 10 Tentative Agreement 7-10-2024 ARTICLE 5. HOURS OF WORK The Department shall observe office and working hours necessary for the efficient transaction of their respective services. I. Work Period A work period is a regular recurring period of fourteen (14) consecutive twenty-four (24) hour periods as defined by the City's Payroll Schedule. II. Work Schedule The workweek need not be the same as the calendar week. The workweek may begin on any day of the week and any hour of the day and need not be the same for all employees. For Officers assigned to the Investigations Bureau, the work schedule, including roll call and meal periods, shall consist of five (5) eight (8) hour workdays. Investigations personnel shall be permitted to "flex" their schedules and work four (4) ten (10) hour workdays with supervisor approval. For Officers assigned to the Uniform Patrol Bureau, Traffic and the Impact Team, the work schedule, including roll cal l and meal periods, shall consist of four (4) ten (10) hour workdays. Any change in an Officer's bid or assigned schedule (starting time, quitting time, scheduled days off) will be made in accordance with Section III., except schedule changes may be made without notice if the affected Officer agrees. The City agrees to review with EPBA representatives’ issues and concerns regarding the method and possible compensation associated with schedule changes. III. Changing Work Schedules The Chief may change the work schedule to meet the needs of the Department. In such circumstances, the Chief shall provide a minimum of five (5) days’ notice to the EPBA. Work schedules may be changed without advance notice in the case of emergencies as determined by the Chief. When an employee's work schedule is changed for purposes of training, special instruction, etc., the supervisor shall make a reasonable effort to accommodate the employee's interests concerning the scheduled change. IV. Staffing The need for an appropriate level of staffing is recognized by the City for the purpose of efficiency and safety. The Department will address this issue in Department policy. Page 275 of 520 Tentative Agreement 7-10-2024 V. Meal Periods Officers shall be granted a paid meal period of thirty (30) minutes for each eight (8) hour work shift. Officers working a ten (10) hour work shift shall be allowed a paid forty-five (45) minute meal period. An Officer may conduct personal business during the meal period. The meal period shall be authorized and controlled by the Officer's supervisor. VI. Rest Periods Officers shall be granted a paid rest period not to exceed fifteen (15) minutes during approximately the first one-half of their regular workday and an additional fifteen (15) minutes rest break approximately in the second one-half of the workday. Rest periods shall be authorized and controlled by the Officer's supervisor. Page 276 of 520 12 Tentative Agreement 7-10-2024 ARTICLE 6. BIDDING PROCEDURES FOR SHIFT ASSIGNMENT: Bidding for Watches and Days Off I. Seniority applicable to the seniority bid process will be determined in accordance with the total length of continuous employment as a City Officer. Prior City employment in other than a Police Officer capacity will not apply toward seniority. Probationary Officers will not be included in the bid process. II. The seniority bid system will be applicable to personnel assigned to the Uniform Patrol Division only and will not be authorized in any other Division or special assignment. III. The Uniform Patrol Division Chief will develop and post a schedule prior to each year for a twelve-month period. IV. The bid process will begin on September 1st of each year and shall be completed by October 31st of each year. Should the need arise to extend the deadline for the completion of the bid, the Chief or his or her designee and the FOP President shall agree upon a new completion deadline. Any extension must be agreed upon prior to the October 31st deadline. Officers will have one (1) calendar day to submit their bid request upon being notified that it is their tum to bid. Officers who bid during working hours will submit their bid prior to the end of their shift. The bid request shall consist of the Officer's choice of shift assignment, days off and any seniority vacation and/or holiday requests as provided under Article 15 and Article 16. Officers' time for participating in the bid process shall not be considered hours worked for purposes of calculating overtime. The Uniform Patrol Division Chief shall make reasonable efforts to keep Officers apprised of the status of the bid process. V. There will be a total of five (5) non-biddable positions which shall consist of two (2) non-biddable positions on Watch I and three (3) non-biddable positions on Watch II. Non- biddable positions shall be the last two (2) unfilled positions on Watch I and the last three (3) unfilled positions on Watch II. . The bidding process will begin with the most senior Officer bidding the positions of his/her choice. In descending order of seniority, each remaining Officer will have choice of the remaining biddable positions. The Uniform Patrol Division Chief may open the bid for any or all of the non-biddable positions at his discretion. VI. Officers may request non-biddable positions and an attempt will be made to accommodate them, but such positions will be assigned at the discretion of the Uniform Patrol Division Chief. If an Officer fails to submit a bid in accordance with the bidding procedure, the Officer will relinquish the opportunity to bid by seniority and will be assigned at the discretion of the Uniform Patrol Division Chief. VII. When a vacancy in Patrol occurs during the bid year due to a resignation, termination, promotion or a bid of a vacant position in accordance with this section, the Department shall place the vacant position up for bid for three (3) calendar days by posting notice of the vacancy via department email. The notice shall include a description of the vacant position and the deadline for submitting the bid to the Uniform Patrol Division Chief. Once the three (3) days expires, the Department shall review the Page 277 of 520 13 Tentative Agreement 7-10-2024 submitted bids and the position shall be awarded to the most senior bidder. There shall be a maximum of two (2) total bids allowed, including the initial bid for the initial vacancy. Additional bids may be authorized at the discretion of the Uniform Patrol Division Chief. VIII. Officers involuntarily transferred from a specialized assignment to the Patrol Division, will have the ability to bid based upon department seniority on vacant shift assignments. Vacant assignments shall be determined by the Chief prior to the bidding process. IX. An Officer in another assignment, who is reassigned to the Uniform Patrol Division will occupy the position vacated by the Officer they are replacing. If other positions are available, the Officer may request assignment to such positions, but may only be assigned at the discretion of the Uniform Patrol Bureau Commander. The Officer will then be allowed to bid at the next bid process. X. Officers who wish to permanently trade work schedules shall submit a request, in writing, to the Uniform Patrol Division Chief, who must approve all shift trades. Prior to such submission, the Officers in question shall contact, via department email, any affected Officers on the seniority list to determine whether any more senior Officers arc interested in shifts involved in the trade. All responses from affected Officers shall be delivered to the Uniform Patrol Division Chief for review. The involved Officers shall be responsible for accommodating any more senior Officer's desire to fill a shift involved in the trade. If the involved Officers are unable to accommodate the more senior Officers, the trade will not be approved. XI. It is further understood that should a schedule change for unforeseen emergency circumstances arise, Officers may be assigned by the Uniform Patrol Division Chief from one shift to the other to handle whatever emergency situation exists during the duration of the emergency. Page 278 of 520 14 Tentative Agreement 7-10-2024 ARTICLE 7. SPECIAL ASSIGNMENT / OPTIONAL DUTY I. Special Assignment means any assignment, other than Patrol, in which an Officer serves in a full-time capacity. Special Assignments include Detective, Professional Standards Bureau Investigator, School Resource Officer, Traffic Officer, Impact Team, and any other assignment that falls within the definition of Special Assignment. II. Optional Duty means any duty that is in addition to an Officer's full-time assignment. Optional Duties include, but are not limited to: Armorer, SWAT Officer, Negotiator, Field Training Officer, Crime Scene Investigator, and Skills Instructors such as Firearms, Arrest Control, etc. III. The Department will maintain a written process for selection and service, including performance of Officers for special assignments in the Policy Manual. A copy of the written process shall be provided to the EPBA for review at least fourteen (14) calendar days prior to it being disseminated to Officers. IV. The Chief will consult with the EPBA regarding any future changes to the selection process. V. Officers who voluntarily accept a Special Assignment or Optional Duty shall be permitted to withdraw from the Special Assignment or Optional Duty upon request, provided the Officer gives at least ninety (90) days advance notice. Officers who are required to fill a Special Assignment or Optional Duty involuntarily shall not be required to do so for more than one (1) calendar year. Page 279 of 520 15 Tentative Agreement 7-10-2024 ARTICLE 8. LAYOFF I. Whenever the City determines that lack of work, lack of funds, or other conditions make a temporary or permanent reduction in force necessary, the City shall have authority to designate positions that will be subject to layoff. II. The order of layoff shall be determined by the City Manager on the basis of the quality of work and length of service provided by the Officers in the designated position or positions. III. Quality of work will include the Officer's total employment record. This record includes annual performance evaluations, commendations, disciplinary actions, education, training, and other factors in the discretion of the City Manager. IV. Notwithstanding Section B, Officers in a designated position who have not yet completed the applicable Department Probationary Period, or who have less than twelve (12) months of full-time employment with the City, shall be laid off first, regardless of other consideration factors. V. Non-Probationary Officers who are laid off have the right to be reemployed as a police officer in inverse order of layoff, provided that they are recalled within eighteen (18) months of layoff and that they continue to meet the qualifications for their position at the time of recall. Laid-off Officers will remain on the recall list for eighteen (18) months. In the event the quality and length of service of two or more recalled Officers are equal, seniority, as defined in Article 4, shall prevail. The recall list shall terminate after eighteen (18) months. If financial conditions warrant, and at the discretion of the Chief, an Officer, recalled from layoff to a classification lower than that held at the time of the layoff, may be moved up to the highest classification previously held at an accelerated pace. VI. Officers shall not continue to accrue service credit, including seniority, or be eligible for any City benefits following layoff. VII. In the event of a layoff, affected Officers will be given as much advance notice as possible. Page 280 of 520 16 Tentative Agreement 7-10-2024 ARTICLE 9. COMPENSATION: Annual Hourly Rate Increase, Class Increase, and Stipends I. Annual Hourly Rate Increase A. On January 1, 2025, each Class of Officers shall receive a total of a 2% increase in their 2024 Hourly Rates as outlined in Appendix A : B. For 2026, the parties agree to conduct a re-opener beginning on or before May 1, 2025 to negotiate wages for the 2026, and should the parties reach impasse in those re-opener negotiations, they shall process any disputed items through Article XV, Section 137:6 of the Englewood City Charter. II. Annual Wage & Salary Surveys For purposes of a comparison of Officers’ wages, hours, benefits, and other terms or conditions of employment, in future negotiations and in proceedings under Article XV, Section 137:6 of the City’s Home Rule Charter, the Parties agree that the following shall be used as comparable jurisdictions: Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and Thornton. III. Class Increase Officers shall become eligible to advance to the next classification in the Salary Schedule set forth in Appendix A on the anniversary of their date of hire. Officers who are subject to a performance improvement plan, or who are otherwise determined to be ineligible by the Chief, at the time they otherwise become eligible to advance to the next classification, shall remain in their current classification until they successfully complete the requirements of the performance improvement plan, or otherwise achieve the Chief’s approval, at which time they may advance to the next classification. IV. Stipends A. Master Police Officers (“MPOs”) shall be compensated at the rate of two (2) hours of Overtime Pay each day they work in that capacity. Page 281 of 520 17 Tentative Agreement 7-10-2024 B. Field Training Officers (“FTOs”) shall be compensated at the rate of one (1) hour of Overtime Pay for each day they work in that capacity. Page 282 of 520 18 Tentative Agreement 7-10-2024 ARTICLE 10. MERIT PAY I. Each Police Officer I shall be eligible for merit pay in an amount determined by the Chief, up to a total of $1,000. II. Such merit pay shall be awarded in the exercise of the Chief’s discretion, based upon specific written objective and subjective performance criteria developed by the Chief. The Chief shall consult with the EPBA regarding the criteria and the criteria will be made available to Officers. III. Eligible Officers who believe they meet the criteria for such an award shall submit their application through their immediate supervisor for review by the Merit Pay Review Committee on or before the Officer's employment annual evaluation date (date of hire). The Committee shall make a recommendation to the Chief regarding the amount of the merit pay, if any, to be awarded to the Officer. The amount recommended shall not exceed the amount set forth in Paragraph I, above. The Chief shall promptly consider and make a determination as to each such recommendation. Page 283 of 520 19 Tentative Agreement 7-10-2024 ARTICLE 11: OVERTIME WORK, OVERTIME PAY & COMPENSATORY TIME OFF I. Overtime A. Officers shall be compensated with Overtime Pay for Overtime Work. B. Overtime Pay shall not be pyramided, compounded, or paid twice for the same hours worked. C. The City retains the right to assign Overtime Work to any Officer qualified to perform the Work. D. Unscheduled or unanticipated overtime Work available during a given watch shall be offered on a voluntary basis to Officers working during the preceding or succeeding watch, as determined by the watch supervisor, in order of seniority. If no Officer accepts, the least senior Officer may be required to work the Overtime, an accommodation may be authorized, or the City may, at its discretion, call any Officer in to work the Overtime. E. Scheduled Overtime. The Department shall post all opportunities to work scheduled overtime department-wide in advance of the scheduled overtime shift. Officers may sign up on a first-come, first-served basis, provided that any officer with more seniority may bump a less senior officer on a scheduled overtime shift within 48 hours of date of the scheduled overtime shift. No bumping shall occur after the expiration of the forty-eight (48) hour bumping period. II. Compensatory Time Off A. Officers who work Overtime, call-back, or standby hours may, in lieu of pay, take Compensatory Time Off upon mutual agreement between the Officer and the Officer's supervisor. If there is no mutual agreement, the Officer shall be paid. B. During each Contract Year, Officers may accrue a maximum of eighty (80) hours of Compensatory Time Off (“Comp Time”) to be utilized in accordance with Section 2.3 of the Administrative Manual, provided that Officers may not carryover from year to year more than fifty (50) hours of Comp Time. Officers who have greater than fifty (50) hours of Comp Time on December 31 of any Contract Year shall be paid for all Compensatory Time exceeding the carryover maximum of fifty (50) hours no later than January 30 of the following Contract Year. The officer may opt to have such payment placed into his or her HSA or other available retirement account as permitted by the plan documents or applicable law. C. Compensatory time is to be compensated at the rate of one and one -half hours of time off for each one hour of overtime, call back, or standby worked in excess of the daily scheduled work shift. D. Employees who attend firearms qualification on their off-duty time will be Page 284 of 520 20 Tentative Agreement 7-10-2024 guaranteed two (2) hours’ Overtime Pay whether they qualify or not. Employees who have already qualified, shall not be compensated for any additional time spent on the range. Page 285 of 520 21 Tentative Agreement 7-10-2024 ARTICLE 12. CALLBACK I. An Officer on off-duty status who is called back to duty for a non -emergency situation shall be credited with a minimum of two and one -half (2.5) hours of Overtime Pay. An Officer on off-duty status who is called back to duty for an emergency situation where the Officer is contacted and required to immediately report to work shall be credited with a minimum of two and one-half (2.5) hours of Overtime Pay or Overtime Pay for the Officer’s actual time worked, whichever is greater. II. Should any Officer be required to testify before any court or divisional administrative hearing as a result of their official duties with the City, the time spent by such Officer in providing such testimony shall be considered to be work time. If such appearance for testimony is at a time when the Officer would otherwise be off duty, the Officer shall be paid as provided under Section I above. The Officer shall pay to the City all witness fees, and other non-Department compensation paid to the Officer in conjunction with so testifying, excluding mileage fees. An Officer who is called for witness duty shall present to their supervisor the original summons or subpoena from the court or at the conclusion of such duty, shall provide a signed statement from the clerk of the court, or other evidence indicating the amount of time the Officer’s court appearance required. III. When an Officer is subpoenaed as a witness in private litigation to testify, not in their official capacity, but as an individual, the time absent by reasons thereof shall be taken as any accrued leave or leave without pay, if all accrued leave is exhausted. Page 286 of 520 22 Tentative Agreement 7-10-2024 ARTICLE 13. STANDBY Employees assigned to standby duty shall be credited with two and one-half (2.5) hours of Overtime Pay for each twenty-four (24) hour period during which they are on standby. Officers assigned to standby for less than a twenty-four (24) hour continuous period shall be credited with one (1) hour of Overtime Pay for each such assignment. Page 287 of 520 23 Tentative Agreement 7-10-2024 ARTICLE 14. CLOTHING ALLOWANCE I. The City shall furnish, or reimburse the cost of, uniforms, including leather gear, insignias, duty footwear and clothing, required while on duty, and shall pay all costs of maintenance, repair and cleaning thereof, provided that reimbursement of such costs shall not be required if approval of the Chief is not obtained in advance of purchase. The Department shall also provide jackets to officers assigned to the Detective Bureau if they have not already received a jacket. All Officers assigned to non- uniform positions for a period of thirty (30) days or more and not required to be in uniform during work, shall receive a clothing allowance as follows: A. Upon initial assignment to a non-uniform position, the Officer shall receive a lump sum of $1,300 to cover the initial cost of purchasing clothing for the first year of the Officer's assignment. Officers who leave a non-uniform position voluntarily within the first year of their assignment shall repay the clothing allowance at $108.33 per month for every entire month remaining in the first year of their assignment. B. After the first year of their assignment to a non-uniform position, Officers shall receive $108.33 per month for each month that they remain in the non -uniform assignment. II. The Officer shall be responsible for all lost or stolen items identified above, or damage to the same, as a result of the Officer's negligence or deliberate act. III. The City will provide on a replacement basis a high-quality bullet resistant vest. Any bullet resistant vest issued after January 1, 2015 shall meet the minimum standard of Level II (A) on the National Institute of Justice's Standard for Bullet Resistant Vests. At the Officer's option, a Level III (A) vest will be provided at no additional cost to the Officer. Replacement shall be made once every five (5) years, or at such earlier time as the City is notified of any event or condition rendering such a vest unsafe for its intended purpose. In the event of specialized or customized vests, the City will pay the same dollar amount for the City issued and authorized vest with the Officer paying the differences in cost. IV. All uniformed Officers shall be annually reimbursed the cost of one pair of duty footwear up to a maximum of $210. Officers shall present a receipt for the footwear to the City before receiving the reimbursement. V. Except in the case of the Officer's personal negligence, Officers shall be fully reimbursed for any Department approved firearm, prescription eyewear, or flashlight, purchased by the Officer that is damaged or destroyed in the performance of the Officer's official duties; or any Department approved firearm purchased by the Officer that is seized as evidence and not returned to the Officer within 30 days of seizure. Officers shall be furnished with or reimbursed for the costs of replacement batteries for flashlights and weapon sights. Officers must seek supervisory approval before purchasing replacement batteries and shall provide proper receipts to be eligible for reimbursement. Page 288 of 520 24 Tentative Agreement 7-10-2024 VI. Page 289 of 520 25 Tentative Agreement 7-10-2024 ARTICLE 15. ANNUAL LEAVE, also known as PAID TIME OFF This Contract replaces the term “Annual Leave” with the term “Paid Time Off” or “PTO.” The purpose of PTO, however, is identical to that of Annual Leave – to provide Officers with paid leave that they may use for any reason. I. PTO Hours Earned & Maximum Carryover. As of January 1, 2021, Officers shall earn PTO at the following rates: Length of Service PTO Hours Earned Per Year PTO Hours Earned Per Pay Period 0-4 years 100 3.846 5-9 years 130 5 10-19 years 160 6.154 20-24 years 170 6.538 25 years or more 180 6.923 PTO shall not be granted to an Officer until the Officer has completed six (6) consecutive months of City employment. The maximum number of hours of PTO an Officer may carry over from one Contract Year to the next (the “Maximum Carryover”) is as follows: Length of Service Maximum Carryover PTO Hours 0-4 years 120 5-9 years 160 10 years and above 200 II. Carryover PTO. In each Contract Year, Officers will be permitted options regarding the PTO they earn, but do not use, that exceeds the Maximum Carryover PTO defined in Section I, above. Officers will be permitted to choose one or a combination of the following: A. The Officer may accept payment, in cash, equal to the value of their Carryover PTO in excess of the Maximum Carryover PTO; or B. The Officer may defer the value of their Carryover PTO in excess of the Maximum Carryover PTO into the Plan or a Health Savings Account up to the limit permitted by the Internal Revenue Code. By way of example, for Calendar Year 2022, the limit for Section 457 Plans is $20,500 per year for Officers under the age of 50, and $27,000 per year for Officers age 50 or older. Page 290 of 520 26 Tentative Agreement 7-10-2024 Each officer will advise the City Human Resources Department of the Officer’s allocation of their Carryover PTO in excess of the Maximum Carryover PTO, between payment in cash or deferral into the Plan or a Health Savings Account, not later than January 31 of each Contract Year. Should an Officer fail to advise the City of the Officer’s allocation, the Officer shall receive a payment in cash. All payments to the Officers, or allocations to their designated accounts, shall be made on or before March 15th of the following Contract Year. III. Usage and Scheduling. The schedule for use of PTO shall be determined by the needs of the Department. PTO shall be taken at a time convenient to the Department and approved by the Chief or designee. The maximum use of PTO shall be no greater than the amount accumulated by the employee during the pay period in which the leave is taken, and in no event shall the PTO exceed four (4) consecutive weeks unless otherwise authorized by the Chief or designee. For personnel assigned to any other Bureau(s), PTO will be administered at the discretion of the Chief or designee. IV. Bidding for PTO. Each Officer will bid one PTO period, by seniority, for the Contract Year. Additional PTO periods will be granted, on a first requested basis, only after all seniority -bid PTOs have been scheduled. The bidding process for PTO will begin on September 1 and shall be completed by October 31 of the Contract Year, as scheduled by the Chief or his designee. PTO is to be scheduled in good faith by each Officer and shall specify the exact dates desired. All seniority-bid PTO shall consist of consecutive days up to 120 hours, but in no event shall seniority PTO exceed 120 hours unless approved by the Chief or his designee. V. Personal Emergency PTO Up to thirty (30) hours of PTO may be used by an Officer on short notice in order to address personal emergencies or unforeseen circumstances that require the Officer’s immediate response. In such cases, an Officer shall provide notice to her or his supervisor of the need to take Personal Emergency PTO as soon as possible. Use of Personal Emergency PTO shall only be disallowed when, in the Chief’s determination, the Officer’s absence would undermine public safety. VI. PTO Pay. Page 291 of 520 27 Tentative Agreement 7-10-2024 The rate of PTO pay shall be the Officer’s Hourly Rate of pay for performing their regular duties. PTO shall be allowed only to the total hourly amount accumulated during the pay period in which the leave is taken. VII. Work During PTO. If after an Officer has begun a period of PTO, the City requires the Officer to return to work during that PTO, the Officer shall be compensated as follows: A. The Officer shall receive Overtime Pay for hours worked during the scheduled PTO. B. The Officer shall not be charged with PTO for the hours worked during the scheduled PTO. VIII. PTO Pay Upon Separation. Any Officer who is separated from City employment, i.e., retirement, termination (if employee has completed six (6) months of continuous service with the City), or layoff, shall be compensated for the unused PTO accumulated at the time of separation at the Officer's regular Hourly Rate. PTO is not to be used to extend an Officer’s date of separation. Page 292 of 520 28 Tentative Agreement 7-10-2024 ARTICLE 16. HOLIDAYS & HOLIDAY LEAVE I. Officers assigned to the Uniform Patrol Bureau shall be scheduled for one hundred and ten (110) hours of Holiday Leave with pay per Contract Year. Scheduling will be made with the approval of the Chief or his designee. II. Bidding for Holidays will commence during the annual bidding process and will be bid by seniority after the completion of all seniority PTO bid. PTO shall take priority over Holidays. Officers may bid a minimum of 10 (ten) hours of Holiday Leave up to a maximum of 40 (forty) hours. Holidays bid do not have to be bid in consecutive days. Any Holidays not scheduled by August 1 of the Contract Year may be assigned at the discretion of the Uniform Patrol Bureau Commander. III. Officers assigned to the Investigative Services Bureau will be granted one hundred and ten (110) hours of time off on the regularly observed Holidays. If a Holiday falls on one of their regularly scheduled days off, these Officers will be given an alternate day off. These Officers may also be granted a "Floating Holiday" option. They may be allowed to exchange any of the below listed Holidays for any other day in the Contract Year they are normally scheduled to work. Scheduling will be made with the approval of the Chief or his designee. The following shall be designated Holidays for Officers: A. Martin Luther King Day B. Memorial Day C. Juneteenth D. Independence Day E. Labor Day F. Veterans Day G. Thanksgiving Day H. Friday After Thanksgiving I. Christmas Eve J. Christmas Day K. New Year’s Eve L. Cultural Recognition Day (Floating Holiday) IV. In addition to the Holiday Leave provided herein, Officers who are required to work on a designated Holiday shall be paid Holiday Premium Pay for any shift that begins or Page 293 of 520 29 Tentative Agreement 7-10-2024 ends on a designated Holiday, provided that Officers shall only receive Overtime Pay for one (1) Holiday shift per designated Holiday. V. If after the Officer has begun their Holiday the Department requires the Officer to work during the scheduled Holiday period, the Officer shall be compensated as follows: A. The Officer shall be paid Overtime Pay for all hours worked. B. The Officer shall not be charged with Holiday Leave for the number of hours worked. VI. When a new Officer is hired, they will receive an initial prorated Holiday Leave balance. When an Officer terminates before the end of the Contract Year, their Holiday Leave cash-out will be prorated. VII. If a current Officer does not use all of their Holiday Leave by December 31 of a given Contract Year, the unused portion will be forfeited. VIII. Holiday Leave will be administered at the discretion of the Chief or his designee for personnel assigned to any other Bureau(s). Page 294 of 520 30 Tentative Agreement 7-10-2024 ARTICLE 17. ADMINISTRATIVE LEAVE Administrative Leave with pay may be granted to an Officer at the discretion of the Chief or his designee. This Leave is used when granting the Leave is in the best interests of the City and/or the Officer because the Chief or his designee determine the Officer should temporarily be relieved or otherwise excused from duty. Page 295 of 520 31 Tentative Agreement 7-10-2024 ARTICLE 18. FUNERAL LEAVE The Chief shall grant Funeral Leave with pay to an Officer who is called upon to attend the funeral of a member of the Officer’s family. The number of days granted shall be governed by the circumstances of the case, but in no event shall exceed seven (7) calendar days. For the purpose of this Article, an Officer’s “family” shall mean the Officer’s spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the Officer or of the Officer’s spouse. Page 296 of 520 32 Tentative Agreement 7-10-2024 ARTICLE 19. MILITARY LEAVE I. Officers who are absent from work for military service in one of the uniformed services, and who are otherwise eligible under the Uniformed Services Employment and Reemployment Rights Act (USERRA), shall be eligible for up to one hundred and twenty (120) hours of leave each calendar year. Officers shall give the Department as much notice as reasonably possible of any military service leave. Any Officer who remains on leave beyond the one hundred and fifty (150) hours of paid leave shall be placed on Military Leave without pay. Officers may elect to use accrued PTO or Compensatory Time Off in lieu of unpaid leave for all or any portion of their absence due to military service. Officers who are eligible to use military leave may also adjust their schedules to accommodate military leave that exceeds the allotted one hundred and fifty (150) hours. II. While on paid Military Leave, Officers shall continue to accrue PTO and Sick Leave and shall be eligible for any pay increases provided herein. Officers on military leave, whether paid or unpaid, shall continue to accrue seniority. Page 297 of 520 33 Tentative Agreement 7-10-2024 ARTICLE 20. WELLNESS VISITS I. Officers and their spouses and children or stepchildren shall each be eligible to attend a minimum of six (6) mental health/wellness visits (”Wellness Visits”) per Contract Year with a licensed mental health provider they select from a list of providers agreed upon by the Department and the EPBA. II. The Department shall have no access to communications arising during or records of the content of Wellness Visits absent patient authorization in compliance with state and federal protections or a valid judicial order. III. Officers will make a reasonable effort to schedule Wellness Visits during non-duty hours, but will be granted Administrative Leave with pay to attend Wellness Visits that must be scheduled during their duty hours. Page 298 of 520 34 Tentative Agreement 7-10-2024 ARTICLE 21. SICK LEAVE & SALARY CONTINUATION I. Sick Leave The Parties intend that, as of the Effective Date, the Catastrophic Leave program described in prior contracts will be discontinued and replaced with the Salary Continuation program described below. A. Commencing January 1, 2021, each Officer shall receive one hundred (100) hours of Sick Leave on January 1 of each Contract year. B. An Officer must notify her or his immediate supervisor, or other individual designated by the Chief, of the need to take Sick Leave and of the expected duration of the Leave, if known. Except in cases of emergency, Officers will provide notice of the need for Sick Leave at least one hour before their next scheduled shift. C. Unused Sick Leave shall accrue from one Contract Year to the next. D. Sick Leave shall not be paid out, and shall be forfeited in full, at resignation, retirement, or termination from City employment for any other reason. E. Sick Leave is based on Officers’ work schedules and must be taken in increments of not less than one (1) hour. F. An Officer who requires more than four (4) consecutive days of Sick Leave must, as soon as reasonably possible, present her or his supervisor a health care provider’s written verification that the Officer was injured or ill. G. Sick Leave shall be available for the following purposes: 1. For an Officer to address her or his own mental or physical illness or injury not arising from employment with the City; 2. For an Officer to attend medical or dental appointments; 3. For an Officer to attend her or his children’s medical or dental appointments; or 4. For an Employee to care for an Immediate Family Member who is injured or ill. H. Pregnancy 1. Sick Leave shall be available to an Officer for the purpose of addressing any medical issue related to the Officer’s pregnancy. Page 299 of 520 35 Tentative Agreement 7-10-2024 2. Likewise, Sick Leave shall be available to an Officer for the purpose of addressing any medical issue related to the Officer’s spouse’s pregnancy. II. Salary Continuation A. Commencing January 1, 2021, each Officer will become eligible for up to twelve (12) weeks of continued full or partial Salary during each Contract Year should the Officer, or an Immediate Family Member of an Officer, become seriously ill or disabled. Employees who opt to be covered by Colorado’s Family Medical Leave Insurance Program (FAMLI), including C.R.S. § 8-13.3-514, are ineligible. 1. An Officer shall be entitled to continued payment of her or his full Salary in accordance with this Article in the event that the Officer becomes seriously ill or disabled as a consequence of circumstances not related to City employment. A serious illness shall include a complication of the Officer’s pregnancy. 2. An Officer shall be entitled to continued payment of fifty percent (50%) of her or his Salary in accordance with this Article in the event that an Immediate Family Member of that Officer becomes seriously ill or disabled. A serious illness shall include a complication of the Officer’s spouse’s pregnancy. An Officer may use any available leave to provide the remaining fifty percent (50%) of her or his Salary while receiving partial salary payments under this provision. B. Accessing Salary Continuation 1. An Officer who, at the time she or he needs to access Salary Continuation, has less than one hundred, sixty (160) hours of Sick Leave available, must have been absent from work for a period of not less than forty (40) consecutive work hours immediately preceding the Salary Continuation Period (the “40 -Hour Elimination Period”). By way of example, an Officer who regularly works ten-hour shifts must be absent from work due to an illness or injury, or due to an Immediate Family Member’s illness or injury, for no less than four (4) consecutive work days in order to become eligible for Salary Continuation. 2. An Officer who, at the time she or he needs to access Salary Continuation, has more than one hundred, sixty (160) hours, but less than three hundred, twenty (320) hours, of Sick Leave available, must have been absent from work for a period of not less than eighty (80) consecutive work hours immediately preceding the Salary Continuation Period (the “80-Hour Elimination Period”). By way of example, an Officer who regularly works ten-hour shifts must be absent from work due to an illness or injury, or due to an Immediate Family Member’s illness or injury, for no less than eight (8) consecutive work days in order to become eligible for Salary Continuation. 3. An Officer who, at the time she or he needs to access Salary Continuation, has more than three hundred, twenty (320) hours, but less than one thousand (1000) hours, of Sick Leave available, must have been absent from work for a Page 300 of 520 36 Tentative Agreement 7-10-2024 period of not less than one hundred, sixty (160) consecutive work hours immediately preceding the Salary Continuation Period (the “160-Hour Elimination Period”). By way of example, an Officer who regularly works ten-hour shifts must be absent from work due to an illness or injury, or due to an Immediate Family Member’s illness or injury, for no less than sixteen (16) consecutive work days in order to become eligible for Salary Continuation. 4. An Officer who, at the time she or he needs to access Salary Continuation, has more than one thousand (1000) hours of Sick Leave available, must have been absent from work for a period of not less than two hundred (200) consecutive work hours immediately preceding the Salary Continuation Period (the “200-Hour Elimination Period”). By way of example, an Officer who regularly works ten-hour shifts must be absent from work due to an illness or injury, or due to an Immediate Family Member’s illness or injury, for no less than twenty (20) consecutive work days in order to become eligible for Salary Continuation. 5. A renewed Elimination Period shall apply during each Contract Year. 6. An Officer must use available Sick Leave during the Elimination Period. Should the Officer lack Sick Leave to cover the Elimination Period, she or he may use any combination of available PTO, Compensatory Time Off, Holiday Leave, or Donated Leave, or, if no other paid leave is available, may take Leave of Absence Without Pay, in order to satisfy the Elimination Period. 7. The Officer’s request to access Salary Continuation must be accompanied by appropriate medical documentation, issued by a healthcare provider, of a serious illness or disability. III. Intermittent Leave A. An Officer who has been diagnosed with a “Serious Health Condition,” as that term is defined at 5 U.S.C. § 6381 (the Family and Medical Leave Act), may access the Salary Continuation program for up to thirty (30) days of Intermittent Leave to address that condition under the following circumstances: 1. The Officer’s treating healthcare provider has recommended Intermittent Leave for the Officer. 2. The Officer has exhausted not less than forty (40) hours of Sick Leave, or a combination of any available leave, during the Contract Year as a consequence of the Serious Health Condition. B. An Officer who satisfies the criteria described above may access up to thirty (30) days of Salary Continuation on an intermittent basis through the end of the Contract year. Page 301 of 520 37 Tentative Agreement 7-10-2024 C. Intermittent Leave will be available exclusively for an Officer to address her or his own Serious Health Condition. It does not extend to care for Immediate Family Members. By way of example, an Officer is diagnosed with PTSD as a consequence of active duty military service. The Officer’s treating neurologist and psychiatrist recommend that the Officer be permitted to take one day off from work when she experiences a significant panic attack, which typically occur with little warning and resolve within 24 hours. In July, the Officer has used 40 hours of Sick Leave to address this condition. She provides the City her treating healthcare providers’ statements that she is expected to continue experiencing panic attacks and will benefit from continuing access to Intermittent Leave. She may then access the Salary Continuation program on an intermittent basis for up to 30 days of leave to address her chronic, Serious Health Condition through the end of the Contract Year. ARTICLE 22. WORKERS’ COMPENSATION and DEATH & DISABILITY BENEFITS I. Worker’s Compensation A. For any on-the-job injury that causes an Officer to be absent from work as a result of such injury, the City shall pay to such Officer her or his full wages from the first day of absence from work, up to and including the twelfth (12th) week of such absence, less the full amount of those sums the Officer receives as Workers' Compensation disability benefits. Officers who are still unable to return to work after twelve (12) weeks due to an on-duty injury may utilize other available leave. B. The City reserves the right to require any Officer on leave owing to a job - related illness, injury, or disability to submit to an independent medical examination(s), conducted by City-appointed physician(s) or other health care providers at the City’s expense, or as provided under any applicable law or regulation. C. An Officer injured while working shall report the injury to her or his supervisor before the Officer completes her or his shift, or, if delay is unavoidable, within twenty-four (24) hours of the injury, unless emergency or other circumstances beyond the control of the Officer require additional time. II. Modified Duty Officers who are unable to perform their assigned duties due to a work-related injury, illness or condition, but are able to perform other duties in compliance with their work restrictions as determined by a doctor, shall be eligible to work a modified duty assignment, provided there is work available. Officers shall be eligible to work in a modified duty assignment for up to twelve calendar months provided work remains available or until the officer reaches maximum medical improvement whichever occurs first. This period may be extended at the discretion of the City if the Officer is expected to be able to return to full duty and the City believes it can accommodate the officer’s restrictions with a modified duty assignment. Page 302 of 520 38 Tentative Agreement 7-10-2024 Officers who are unable to perform their assigned duties due to a non -work related injury, illness or condition, but are able to perform other duties in compliance with their work restrictions as determined by a doctor, shall be eligible to work a modified duty assignment, provided there is work available. Officers shall be eligible to work in a modified duty assignment for up to six (6) calendar months provided work remains available or until the officer reaches maximum medical improvement whichever occurs first. This period may be extended at the discretion of the City. If two or more officers are eligible for modified duty, but there is insufficient work for accommodate all the officers, preference shall be given to the officer who who’s injury is work-related. Otherwise, modified duty assignment shall be given to the most senior officer who is most qualified and appropriate for the available modified duty assignment. This section is not intended to affect the rights or benefits of employees under federal or state law. For example, nothing in this policy affects the obligation of the City to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law, including the Americans with Disabilities Act (ADA) or Pregnant Workers Fairness Act (PWFA). Employees having disabilities covered under the ADA, PWFA, or the Colorado Anti-Discrimination Act (CADA) shall be treated equally, without regard to any preference for a work-related injury (CRS § 24-34-401 et seq.) III. Death & Disability A. During the Contract Term, the City shall pay one -half (1/2) of the state- mandated contribution for death and disability benefits pursuant to C.R.S. § 31-31-811(4), C.R.S., for Officers hired after January 1,1997. B. When an Officer is killed in the line of duty, or dies from injuries sustained in the line of duty, the City shall pay the cost of reasonable funeral expenses incurred by the survivors, up to a maximum of ten thousand dollars ($10,000). This amount shall be offset by any other payments provided by Workers’ Compensation or any other insurance agency, organization, or plan. Page 303 of 520 39 Tentative Agreement 7-10-2024 ARTICLE 23. INSURANCE I. MEDICAL The City will pay ninety percent (90%) of the premium cost for "Officer Only" coverage; eighty-five percent (85%) of the premium cost for "Officer Plus One" coverage; and eighty percent (80%) of "Family" coverage for the medical insurance plan designated as the basic City plan. Officers will pay 10%, 15%, or 20% of the premium cost. If the City offers any optional medical insurance plan(s), the Officer will pay the difference between the City's contribution described above and the premium cost of the optional plan chosen. II. DENTAL The City will pay ninety percent (90%) of the premium cost for "Officer Only" coverage; eighty-five percent (85%) of the premium cost for "Officer Plus One" coverage; and eighty percent (80%) of "Family" coverage for dental insurance. Officers will pay 10%, 15%, or 20% of the premium cost. III. LIFE Term life insurance will be provided by the City for Officers covered by this Contract in an amount equal to one year of the Officer’s salary, as specified in Article 9 (Compensation). IV. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this Article is a non-grievable item under this Contract. V. MEDICAL AND DENTAL INSURANCE RE-OPENER The parties agree to re-open negotiations over medical and dental insurance coverages, within the scope of bargaining under the Charter, upon the City renewing medical providers in the summer of 2024. Page 304 of 520 40 Tentative Agreement 7-10-2024 ARTICLE 24. RETIREE HEALTH INSURANCE ASSISTANCE It is understood and agreed by both parties that any referral to health insurance for retirees or future retirees is not to be construed as a part of this Contract. The City agrees to pay Retired Officers $75.00 per month for Officers who retired on or before December 31, 1994; and $100.00 per month for Officers who retired on or after January 1, 1995. For those who retire on or after January 1, 2023, the retiree health benefits provided in this Article shall cease upon the retiree reaching Medicare eligibility age. For purposes of the article, retirement shall mean that the officer separated from service with at least 20 years of continuous, full-time service with the Englewood Police Department and have met requirements under the applicable Fire and Police Pension Association (FPPA) retirement rules; or age 55 with at least 15 years of continuous, full-time service as outlined in City Administrative Policy 9.2 (Retiree Health Assistance). For 2026, the parties agree to conduct a re-opener on the issues of retiree health and employee health insurance in conjunction with their agreement to re-open on wages ral that will begin on or before May 1, 2025. Page 305 of 520 41 Tentative Agreement 7-10-2024 ARTICLE 25. PENSION / RETIREMENT PLANS I. Officers and the City shall contribute to the Fire and Police Pension Association of Colorado (the “FPPA”) Statewide Defined Benefit Plan (the “SDBP”) in accordance with those statutes and regulations that govern the FPPA. II. Nothing in this Article 24 shall prohibit the City from offering an alternative, or an additional, retirement savings program option for Officers. Page 306 of 520 42 Tentative Agreement 7-10-2024 ARTICLE 26. RULES AND REGULATIONS I. Except as limited by the express terms of this Contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations, policies, procedures, and directives that are an alleged violation of this Contract shall be subject to the Grievance Procedure. II. The City agrees to meet and confer in a timely manner with the EPBA concerning the formulation of changes of rules and regulations, policies, procedures, and directives. Page 307 of 520 43 Tentative Agreement 7-10-2024 ARTICLE 27. DUES DEDUCTION I. The City agrees to deduct the EPBA dues once each pay period from the pay of those Officers who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Director of Human Resources by the Treasurer of the EPBA, and the aggregate deductions of all Officers shall be remitted together with an itemized statement to the Treasurer by the 15th day of the succeeding month, after such deductions arc made. The authorization shall be revocable during the Term of the Contract, upon a thirty (30) day written notice by the Officer to the City Finance and Administrative Services Director. II. If no wages are paid an authorized Officer on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the EPBA of any dues during any time that an Officer is not actually working for the City and actually on the payroll of the City. In the event of error on the check-off list or missed deduction, the City will not be responsible to make adjustments, until notified by the Treasurer of the EPBA. III. The EPBA shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the permission of this Article. IV. Changes in the dues amount to be deducted shall be limited to two (2) changes each year and provided a thirty (30) day written notice is provided the City Director of Human Resources. V. Should the change in the deduction amount or method require a computer programming change, the EPBA shall be responsible for 100% of the cost of such change or changes. The City and the EBPA shall discuss and agree upon any necessary programing changes and the associated costs before any such work begins. Payment from the EPBA shall be made to the City Director of Human Resources within ten (10) days of receipt of billing. Page 308 of 520 44 Tentative Agreement 7-10-2024 ARTICLE 28. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, EPBA representatives may be allowed to: attend EPBA-management meetings; attend negotiation sessions; post EPBA notices on City designated bulletin boards; solicit EPBA memberships during Officers’ non-work time; and represent Officers on grievances and disciplinary matters provided the work load permits as determined by the Chief or his designee and requires no overtime pay. Page 309 of 520 45 Tentative Agreement 7-10-2024 ARTICLE 29. CORRECTIVE ACTION and DISCIPLINARY ACTION I. Corrective Action and Disciplinary Action may be imposed, in the discretion of the Chief or his designee, as provided for in the Policy Manual. II. The Department’s creation of a Log Entry, or its issuance of a Letter of Corrective Action, shall not be subject to Grievance. III. The Department shall provide an Officer notice in advance of a meeting, conference, hearing, or other interaction that may result in the imposition of a Corrective Action or a Disciplinary Action. IV. An Officer may be accompanied by another Officer of her or his choosing, or by an attorney, or both, during any meeting, conference, hearing, or other interaction that the Officer reasonably believes could result in the imposition of a Corrective Action or Disciplinary Action. The Department is not obligated to unreasonably delay such a meeting, conference, hearing, or other interaction based upon the availability of the person the Officer chooses to accompany her or him. V. The Department shall provide the EPBA reasonable advance notice of, and an opportunity to submit written comments responding to, proposed substantive changes to the Corrective Action and Disciplinary Action procedures set forth in the Policy Manual. Nothing in this Section (IV) shall be understood to limit the Department’s authority to establish, and to amend, its policies and procedures regarding Corrective Ac tion and Disciplinary Action. VI. This Article 28 shall, in all respects, be subject to federal and state statutes and regulations, as well as City ordinances, mandating or otherwise governing the imposition of disciplinary measures by the Department. Page 310 of 520 46 Tentative Agreement 7-10-2024 ARTICLE 30. GRIEVANCE PROCEDURE I. A grievance is defined as an alleged violation concerning the interpretation or application of a specific provision of this Contract. The Officer and the EPBA shall be required to follow the procedure as set out below. Step 1 If the Officer or EPBA is unable to settle the grievance or dispute orally and informally through the immediate supervisor within seven (7) calendar days of the date of the occurrence of the grievance, or the Officer's knowledge of it, the Officer may with in the succeeding seven (7) calendar days file a written grievance with their supervisor. The supervisor shall attempt to resolve the matter and shall respond in writing to the Officer within seven (7) calendar days. An EPBA or general grievance shall be presented directly by the President of EPBA or his designee to the Chief. If the grievance involves an issue related to pay or benefits provided under this Agreement, the EPBA may file the grievance directly with the Human Resource Director as provided in Step 3 of this Article. Step 2 If the grievance still remains unresolved, it shall be presented by the Officer to the Chief or his designee in writing within fourteen (14) calendar days following receipt of the supervisor's response. The Chief shall respond in writing within fourteen (14) calendar days. Step 3 If the grievance still remains unresolved, it shall be presented by the Officer to the Human Resources Director in writing within fourteen (14) calendar days following receipt of the Chief’s response. The Human Resources Director or their designated representative shall respond in writing within fourteen (14) calendar days. Step 4 If the grievance is still unresolved, the Officer, within fourteen (14) calendar days after the reply of the Human Resources Director or their designated representative, may by written notice request the matter be heard by an arbitrator. If within five days of the request for arbitration the EPBA and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven arbitrators to be sent to the Parties. The arbitrator shall be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. Page 311 of 520 47 Tentative Agreement 7-10-2024 II. Each Party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be shared equally by the EPBA and the City. If either Party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes copies available to the arbitrator. If the other Party wishes to have a copy of the transcript, it shall share equally all costs of the transcript. III. Failure by an Officer or the EPBA to comply with any time limitation shall constitute a settlement of the grievance. Should the City not respond within the prescribed time, the grievance will automatically proceed to the next step. At the Officer's option, the City may be allowed additional time to respond. IV. Authority of Arbitrator The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the Parties. The arbitrator shall limit their decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. V. Processing Grievance During Working Hours Grievances may be investigated and processed by the Officer and one (1) on-duty EPBA representative at the Officer's request during working hours within reasonable time limits without loss of pay, provided notice is given and the work load permits. Page 312 of 520 48 Tentative Agreement 7-10-2024 ARTICLE 31. LABOR-MANAGEMENT COMMITTEE I. A Labor-Management Committee (an “LMC”) consisting of four (4) members appointed by the EPBA and four (4) members appointed by the City shall meet on a quarterly basis. II. The LMC will address issues that are not addressed through other existing committees, through grievance procedures, or through collective bargaining. III. The EPBA and the Human Resources Department will jointly prepare an agenda for each LMC meeting. IV. The LMC shall provide the City and the EPBA an informal forum for the periodic discussion of issues of interest and a mechanism for preventing problems from becoming grievances. Page 313 of 520 49 Tentative Agreement 7-10-2024 ARTICLE 32. EXCLUSIVENESS OF CONTRACT The City and the EPBA agree that the terms and provisions herein contained constitute the entire Contract between the Parties and supersede all previous communications, representations, and agreements, either verbal or written, between the Parties with respect to the subject matter herein. The City and the EPBA agree that all negotiable items have been discussed during the negotiations leading to this Contract and therefore, agree that negotiations will not be reopened on any item during the life of this Contract except as expressly provided for In Article 1 and Article 9 of this Contract, or as subsequently agreed upon by the Parties. Page 314 of 520 50 Tentative Agreement 7-10-2024 This Collective Bargaining Agreement By and Between the City of Englewood, Colorado and the Englewood Police Benefit Association for the period commencing January 1, 2025 and concluding December 31, 2026 , may be executed in counterparts, each executed version of which shall together form a single agreement. The City of Englewood, through its authorized representatives whose signatures appear below, accepts the terms and conditions of this Collective Bargaining Agreement for the period January 1, 2025 through December 31, 2026. THE CITY OF ENGLEWOOD, COLORADO By: Shawn Lewis, City Manager Date Shawn Weiske, Human Resources Director Date ATTEST: Stephanie Carlile, City Clerk Page 315 of 520 51 Tentative Agreement 7-10-2024 This Collective Bargaining Agreement By and Between the City of Englewood, Colorado and the Englewood Police Benefit Association for the period commencing January 1, 2025 and concluding December 31, 2026 , may be executed in counterparts, each executed version of which shall together form a single agreement. The Englewood Police Benefit Association, through its authorized representative whose signature appears below, accepts the terms and conditions of this Collective Bargaining Agreement for the period January 1, 2025 through December 31, 2026 . ENGLEWOOD POLICE BENEFIT ASSOCIATION By: Dirk Smith, President Date Page 316 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Victor Rachael DEPARTMENT: Public Works DATE: August 19, 2024 SUBJECT: City staff seeking approval to apply for State of Colorado Division of Homeland Security & Emergency Management Hazard Mitigation Grant DESCRIPTION: City staff is seeking City Council approval to apply for the State of Colorado Division of Homeland Security & Emergency Management Hazard Mitigation Grant Program for a generator at the Englewood Servicenter. RECOMMENDATION: Staff recommends City Council approve staff to submit an application to the State of Colorado Division of Homeland Security & Emergency Management Hazard Mitigation Grant Program for a generator at the Englewood Servicenter. PREVIOUS COUNCIL ACTION: City Council reviewed and approved $150,000 in the 2023 budget under the Capital Projects Fund for generators Study Session review of the 2025 Operating & Staff Prioritized Capital Request, including $925,000 for generators at multiple sites (June 24, 2024) Study Session review of the Draft Proposed 2025 Operating & Capital Budgets, including $925,000 for generators at multiple sites (August 12, 2024) SUMMARY: The City is seeking approval to apply for the State of Colorado Division of Homeland Security & Emergency Management Hazard Mitigation Grant. This grant is limited to area impacted by a designated disaster, in this case specifically severe storms, flooding, and tornadoes that occurred on June 8-23, 2023. On September 21, 2023, Arapahoe, Logan, and Washington counties were designated for assistance under the Public Assistance program. The proposed grant funds are for the installation of a generator at the City's Servicenter location. ANALYSIS: Colorado communities have the opportunity to reduce their long-term risks from natural hazards with assistance from Federal Emergency Management Agency's (FEMA’s) Hazard Mitigation Grant Program (HMGP). On August 25, 2023, the State of Colorado received a Major Disaster Declaration, FEMA-4731-DR-CO, as a result of severe storms, flooding, and tornadoes that occurred on June 08--23, 2023.. On September Page 317 of 520 21, 2023, Arapahoe, Logan, and Washington counties were designated for assistance under the Public Assistance program. A cost share is required for all applications funded under this program. Projects require a 25% non-federal cost share although communities may request a lower cost share. The State of Colorado is participating in sharing the non-federal match of eligible projects and therefore may provide up to 50% of the required non-federal cost share. The city is seeking approval to apply for the HMGP grant for design and installation of a generator at the City's Servicenter location. This grant funds 75% of the costs for the project and, if awarded, allows future funding for generators to be allocated to other sites within the city. COUNCIL ACTION REQUESTED: City staff requests City Council approve, by motion, city staff to apply for the State of Colorado Division of Homeland Security & Emergency Management Hazard Mitigation Grant. FINANCIAL IMPLICATIONS: Applying and securing this grant will cover 75% of the costs for the design and installation of a generator at the City's Servicenter location. A 25% match is required for the grant. Cost estimates for design and construction total $304,820 of which the City match will be $76,205. While not guaranteed, the State of Colorado may also contribute 12.5% to the cost, leaving the City of Englewood to cover the remaining 12.5%. Should the state be able to cover 12.5%, the City's match would drop to $38,102.50. Funds to cover the full 25% are currently available under fund 31-1005-019 (balance $150k). CONNECTION TO STRATEGIC PLAN: Installation of a generator at the the Servicenter location adds redundancy and resiliency to the facility which support the following strategic plan goals: Safety Goals; responding to emergencies Infrastructure Goals; Effectively Manage Assets OUTREACH/COMMUNICATIONS: The Public Works Department has discussed this opportunity with leadership at the City of Englewood. Page 318 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: August 19, 2024 SUBJECT: Intergovernmental Agreement for RTD Partnership Program Grant funding of improvements to Englewood shuttle services in 2024, 2025 and 2026, including new vehicle acquisitions DESCRIPTION: A bill for an ordinance for an Intergovernmental Agreement with RTD pertaining to RTD Partnership Program grant funding for improvements to the Englewood shuttle service (name change to “bert” in process) consisting of $300,000 each in 2024, 2025 and 2026, including a $60,000 local match to be provided by the city each year (co-funded with the Englewood Downtown Development Authority). A separate but related services contract with MV Transportation, to implement the grant-funded improvements and new vehicle acquisitions, is also being submitted for council consideration. RECOMMENDATION: Staff recommends city council approve a bill for an ordinance for an Intergovernmental Agreement (IGA) between the Regional Transportation District (RTD) and the City of Englewood pertaining to the previously-awarded RTD Partnership Program grant funding for improvements to the Englewood shuttle service consisting of $300,000 annually in 2024, 2025 and 2026, including provisions for a $60,000 local match to be provided by the city each year to be co- funded with the Englewood Downtown Development Authority (EDDA). PREVIOUS COUNCIL ACTION: The city council has approved annual IGAs from 2004 through 2023 between RTD and the city associated with the sharing of annual Englewood shuttle operating costs. On May 20, 2024, the council approved CB-16, an IGA between RTD and the city for the sharing of 2024 Englewood Trolley operating costs for the existing, baseline level of shuttle service. In accordance with the annual 2024 IGA, RTD is projected to reimburse the city approximately $562,413 or 85.24% of the total operating costs of $659,774 for the current baseline level of service and the city will fund $97,361 or 14.76%. SUMMARY: The proposed second 2024 IGA with RTD specifically relates to the implementation of the additional services and acquisition of new vehicles made possible by the RTD Partnership Program grant. The grant, which was awarded in 2023, will provide the city with $300,000 annually in 2024, 2025 and 2026 to fund an expanded service schedule and the acquisition of two new replacement vehicles. In combination with this $900,000 grant, the city and EDDA will co-fund the grant-required local match funding of $60,000 annually in 2024, 2025 and 2026. Page 319 of 520 ANALYSIS: The Englewood shuttle service currently operates on a fixed route with two vehicles Monday through Friday, from 6:30 am to 6:30 pm (6,120 annual service hours). Shuttle service is provided at no cost to riders and supplements existing RTD light rail and bus services operating at the RTD Englewood Station adjacent to CityCenter. In 2024, 2025 and 2026 the $300,000 in annual RTD grant funds, plus $60,000 in annual local match funding, will be utilized to: (a) Implement 3.5 hours of additional services per weekday, increasing the current 6:30 am to 6:30 pm service day to 5:30 am to 9 pm, (b) Implement 11 hours of new service on Saturdays, from 10 am to 9 pm, (c) Acquire two new 24-passenger vehicles (equivalent to the current vehicles) utilizing MV Transporation capital leases, including the installation of new vehicle graphics, and (d) If financially feasible, phase in some on-demand service and/or vehicle tracking software in Year 2 and/or Year 3 of the RTD grant. The expanded service utilizing the new vehicles is anticipated to be implemented during the fourth quarter of 2024. The RTD grant is a reimbursement grant, with RTD funding to the city occurring after the related expenses are first funded by the city. Staff anticipates that $360,000 for 2024 will be included in a 2024 supplemental budget request. This amount includes the $60,000 local match portion, $50,000 of which will be reimbursed by the EDDA in 2024 with the city funding $10,000. The local match funding in 2025 and 2026 is expected to be shared equally between the city and EDDA. COUNCIL ACTION REQUESTED: Staff recommends city council approve a bill for an ordinance for an IGA between RTD and the City of Englewood pertaining to additional service hours and vehicle acquisitions to be funded by the three-year RTD Partnership Program grant in 2024, 2025 and 2026. The grant requires $60,000 in local match funding to be provided by the city in each grant year (to be co-funded with the EDDA). FINANCIAL IMPLICATIONS: The services agreement with MV Transportation scheduled for council consideration on August 19, 2024, provides for an average of 244 additional service hours per month (2,929 hours annually for the whole years of 2025 and 2026) as well as the acquisition of two new vehicles to be acquired and operated by MV Transportation. The number of additional service hours in 2024 is 732 hours, assuming the new service is implemented October 1, 2024. The contracted MV Transportation service hour costs will be $80.62 in 2024, $80.79 in 2025 and $83.23 in 2026. The two new vehicles will be the 24-passenger (plus 2 wheelchairs) Starcraft Allstar XL 32’ Transit Bus. These vehicles will be acquired by MV Transportation. During the final quarter of 2024, all of 2025 and all of 2026, the city will utilize grant funds to reimburse MV Transportation for prorated vehicle payments of $7,151 per month. The grant will also be utilized by the city to Page 320 of 520 fund an initial 2024 vehicle deposit to MV Transportation of $267,300. In the event the city elects to not renew the MV Transportation contract in 2025 or 2026, the city will take ownership of the vehicles and continue to utilize the grant funding to reimburse MV Transportation the prorated vehicle payments through the end of 2026. The city will own the two vehicles as of year-end 2026. RTD has indicated that the vehicles have a 10-year useful life, and it is expected that the city would continue to utilize them in operating the shuttle service well past 2026 or utilize the vehicles for other purposes. Remaining grant funds that are not required to fund the new service hours or vehicle acquisition may be utilized to fund initial on-demand shuttle service options and possible online scheduling and service provision apps. During the three-year term of the grant, the city and the EDDA will pursue additional sources of financial support to ensure the continued operation and improvement of the shuttle service at the conclusion of the grant in 2026. CONNECTION TO STRATEGIC PLAN: The RTD Partnership Program grant (and associated local match funding) in 2024, 2025 and 2026, to improve shuttle services in accordance with the proposed IGA between the city and RTD, would address the following Strategic Plan goals. Local Economy Ensure commercial areas, like neighborhoods, have unique character and pedestrian amenities for employees and visitors. Neighborhoods Ensure affordability. Sustainable Solutions Develop sustainable solutions for both humans and plants. Transportation Increase ridership on RTD transit options in Englewood. Ensure an outstanding pedestrian experience along and near Englewood Trolley stops and route. OUTREACH/COMMUNICATIONS: The Englewood shuttle service is promoted on social media and the city’s website. ATTACHMENTS: Council Bill #34 Intergovernmental Agreement Vehicle Specifications Page 321 of 520 RTD Contract Number: XXXXX FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES OF CITY OF ENGLEWOOD SHUTTLE SERVICE IMPROVEMENTS FOR 2024, 2025, AND 2026 This Funding Agreement for RTD Funding of Local Transportation Services of the City of Englewood Shuttle Service Improvements (“Agreement”) is made and entered into as of ________________, 2024 (“Effective Date”), between the Regional Transportation District, a political subdivision of the State of Colorado organized pursuant to the Regional Transportation District Act, C.R.S. § 32-9-101, et seq., (“RTD”) and the City of Englewood, Colorado, a Colorado home rule city (“Englewood,” or “City”). The City and RTD may also be referred to herein individually as a “Party” and together as the “Parties”. RECITALS A. RTD is authorized by the Regional Transportation District Act, C.R.S. §§ 32-9-101, et seq. (the “RTD Act”), to develop, maintain, and operate a mass transportation system for the benefit of the inhabitants of its District, as defined by the RTD Act. B. Pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and C.R.S. §§ 29-1-203 et seq., both RTD and the City may cooperate or contract with each other to provide any function, service, or facility lawfully authorized to each, and any such contract may provide for sharing of costs. C. RTD currently operates a variety of fixed-route bus, light rail, and other transit services in and around the City. D. The Parties agree that the transit services provided by the City described in Exhibit A (“Services”) provide mobility and access to the business and residential areas in and around the City. E. In order to support transit services supplemental to those services provided by RTD in the City, RTD wishes to contribute local funds to the City for the provision of Services within the RTD District from 2024 to 2026 according to the terms and conditions as agreed by the Parties, as set forth herein. Page 322 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 2 of 25 TERMS AND CONDITIONS NOW THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. 1. GENERAL. A. Exhibits. The following exhibits are attached and incorporated into this Agreement by this reference: Exhibit A: Description of the Services Exhibit B: Description of the RTD Funding Exhibit C: Performance Expectations Exhibit D: Communication and Notices – Contacts Exhibit E: Special Provisions Exhibit F: Transit Equity Exhibit G: Insurance Requirements B. Recitals. The recitals set forth above are incorporated herein by this reference. C. Other Agreements. The Parties may have previously entered into various other agreements which remain in effect until terminated and are not voided by or otherwise amended by this Agreement, unless expressly set forth herein. RTD and the City have an existing agreement for Funding of Local Transportation Services of the City of Englewood – Englewood Trolley, RTD Contract #424DH011. 2. OPERATIONS, MANAGEMENT AND CONTROL OF THE SERVICES. The City shall continue to manage and operate, either directly or through its designated agent(s), the Services as described in Exhibit A. The City and/or its designated agent(s) shall be solely responsible for all operations, management, marketing, administration, and Services delivery functions, including provision of vehicles, vehicle maintenance, insurance and accounting. Except as specifically provided herein, RTD shall have no responsibility for the operations and management of the Services. RTD shall have no responsibility for, or authority or control with respect to, the supervision and management of any employees or contractors who work in connection with the Services. The City shall operate the Services in compliance with all applicable laws, regulations, orders, codes, directives, permits, approvals, decisions, decrees, ordinances or by-laws having the force of law and any common or civil law, including any amendment, extension or re-enactment of any of the same, and all other instruments, orders and regulations made pursuant to statute Page 323 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 3 of 25 (collectively, “Laws”), and the City shall be solely responsible for compliance with all applicable Laws. Notwithstanding RTD’s right to cease funding as provided in this Agreement, RTD has no obligation or intent, nor right pursuant to this Agreement, to otherwise continue the Services, if the City ceases to provide the Services. 3. SERVICES. The Services subject to funding pursuant to this Agreement must be provided as described in Exhibit A. No material changes shall be made to the Services during the term of this Agreement without the advance written agreement of both Parties. In the event that changes are made to the Services without the written consent of RTD, then RTD may, at its sole option, terminate this Agreement with thirty (30) business days’ prior notice by RTD to the City. The City shall have thirty (30) business days from the date of notice to cure the deficiency to the reasonable satisfaction of RTD (“Cure Period”). In the event that the City has not cured the deficiency within the thirty (30) business days, this Agreement will terminate, and RTD will not provide any funding for the Services after the Cure Period. 4. RTD FUNDING. RTD will reimburse the City as partial funding for eligible Services provided in accordance with Exhibit A in the amount set forth in Exhibit B, but such amount will not exceed $900,000 (“RTD Funding”) for the term of this Agreement (January 1, 2024 to December 31, 2026). Funding from RTD is a maximum of $300,000 per calendar year for eligible expenses. The City of Englewood will contribute $60,000 as its local match. RTD Funding does not include any additional operating costs for services in excess of the Services as set forth in Exhibit A, including any special events and holidays. Under no circumstances will RTD be obligated to pay more than the RTD Funding or for Services not actually provided by the City. 5. INVOICING AND PAYMENT. A. The City will submit an invoice to RTD on a monthly basis requesting payment of the RTD Funding for the Services. Unless otherwise agreed by the Parties, the invoice shall include a summary of service hours, mileage, passenger boardings, origin and destination information for services operated alongside a list of trips completed by month, and any other information that RTD otherwise reasonably requests. B. RTD will pay all approved invoices within thirty (30) calendar days after RTD has received the invoice. If RTD does not approve an invoice from the City, RTD will provide a written explanation of disputed items within ten (10) calendar days after RTD has received the invoice. C. Invoicing to RTD will require backup documentation showing payment of services either in-house or through the City’s designated agent. The balance Page 324 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 4 of 25 shall show the total requested versus the annual balance for both RTD and local matches. 6. ELIGIBLE EXPENDITURES A. In the event that the City incurs direct, out-of-pocket expenses other than for eligible expenditures in accordance with the approved project budget in Exhibit B, RTD shall reimburse the City only for the eligible expenditures in accordance with the approved project budget in Exhibit B. B. The City shall be responsible for ensuring that all items in Exhibit A meet the following guidelines: (1) The City agrees to ensure that the program identified in Exhibit A as Services funded by this agreement relate to transportation services commencing or concluding in portions of the City located within the RTD boundaries. (2) The City agrees to further ensure that all trips paid for under this agreement that fall within the Program category of Transportation Services (“Transportation Services”) under Exhibit A both originate and conclude within the RTD boundaries. 7. RECORDS. The City will maintain full and complete financial records for the provision of the Services. Such records shall include any financial information to support and document the operating costs and revenues relating to the Services and any other financial information specifically requested by RTD. The City shall make these records available to RTD for audit for a period of three (3) years after final payment under this Agreement. If applicable, National Transit Database (“NTD”) data shall be kept in accordance with Federal Transit Administration (“FTA”) requirements and shall be reported as part of RTD’s NTD submission. 8. AUDIT. RTD reserves the right to audit the City's, or its designated agent’s, books and records to determine compliance with the terms of this Agreement. In the event that an audit shows that the City is not in compliance with any term of this Agreement, City staff will meet with RTD staff within fifteen (15) days of notification of audit findings to review and come to an agreement on solutions to any audit conclusions, including but not limited to the return of all or a portion of the RTD Funding previously paid to the City under this Agreement. The City shall provide RTD with a copy of the written results of any internal Page 325 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 5 of 25 audit performed by the City or another third party related to the performance of the Services within thirty (30) calendar days of the conclusion of such audit. 9. MARKETING. A. The Services will not be designated, marketed, or promoted as an RTD-branded service, except that the City shall allow RTD to display an appropriate RTD logo stating that the Services are “in partnership with RTD” on all vehicles used to operate the Services or financially supported in part by RTD, if in the RTD referenced area, through this Agreement. B. The City and/or its designated agent(s) will market the Services, and such marketing will include but is not limited to developing a marketing plan and implementing the plan. A marketing plan may include the following elements: advertising, public relations, collateral materials, websites, coordination with other transportation programs, outreach, and training. RTD will have the advance opportunity to review and approve any marketing materials for the Services. Costs and expenses associated with the City marketing efforts are not included in the RTD Funding. 10. PERFORMANCE EXPECTATIONS. RTD will set and assess Performance Expectations (“Performance”) of the Services, as defined in Exhibit C. RTD will evaluate the Services on a quarterly basis and notify the City if RTD determines that the Services are not meeting the established Performance. If the Services do not meet the Performance by the end of the term of this Agreement, RTD Funding will not be continued. 11. LIABILITY AND INSURANCE. A. The Parties agree that RTD shall have no liability to the City or its designated agent(s), or to third parties arising out of the operations or management of the Services, or any other service operated, directly or indirectly, by the City. This provision shall survive termination of this Agreement. B. The City and/or its designated agent(s) shall cause RTD and its officers and employees to be named as additional insured on all insurance policies covering any operations of the Services. C. Without waiving the privileges and immunities conferred by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., each Party shall be responsible for any claims, demands or suits arising out of its own negligence. It is specifically understood and agreed that nothing contained in this section or elsewhere in this Agreement shall be construed as an express or implied waiver by RTD of its governmental immunity including limitations of amounts or types of liability or the governmental acceptance by either Party of liabilities arising as a Page 326 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 6 of 25 result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. D. The City shall maintain in full force and effect adequate insurance, in the amounts and coverages outlined in Exhibit G. 12. TRANSIT EQUITY. RTD has established a Title VI Program. The City must adhere to all conditions set forth in Exhibit F. 13. GENERAL PROVISIONS. A. Available Funding. This Agreement does not contain any multiple-fiscal year financial obligations by RTD that extend beyond its current fiscal year. The financial obligations of RTD under this Agreement shall be subject to and limited by the appropriation of sufficient funds. RTD Funding for this Agreement, as set forth in Exhibit B, has been budgeted, authorized and appropriated by the RTD Board of Directors only for the current fiscal year. Nothing herein obligates either Party to budget, authorize or appropriate funds for any future fiscal year. B. Other Sources of Funding. Nothing in this Agreement will prevent the City from collecting contributions or fees from entities other than RTD to help defray costs of providing the Services that are not supported by RTD under this Agreement, except that RTD shall not be a party to any such third-party arrangement. C. Merger. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof and all prior agreements, understandings or negotiations shall be deemed merged herein. No representations, warranties, promises or agreements, express or implied, shall exist between the Parties, except as stated herein. D. Governing Law. This Agreement shall be interpreted and enforced according to the laws of the State of Colorado, the ordinances of the City, the applicable provisions of federal law, and the applicable rules and regulations promulgated under any of them. Venue for any action hereunder shall be in Denver District Court, Colorado. E. Communication and Notices. Any notices, bills, invoices, or reports required by this Agreement shall be sufficiently delivered if sent by the Parties in the United States mail, postage prepaid, or by email to the Parties at the addresses specified on Exhibit D. The addresses or contacts may be changed by the Parties by written notice to the other Party. Page 327 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 7 of 25 F. Term and Termination. This Agreement shall be deemed to have commenced on January 1, 2024, and shall remain in effect until December 31, 2026, unless earlier terminated in writing by the Parties or by court order. Unless otherwise agreed, either Party may terminate this Agreement on sixty (60) calendar days’ prior written notice. In the event of termination by RTD for any reason other than default, RTD shall pay no more than the reimbursable costs of the Services up to the date of termination. All provisions of this Agreement that provide rights or create responsibilities for the Parties after termination shall survive termination of this Agreement. Nothing herein obligates either Party to make funds available for the Services in any future fiscal year, and nothing herein shall imply funding will be renewed at the same or any level. G. Amendment. The Parties may, by written agreement, amend this Agreement or the Exhibits to account for changes in RTD Funding and service levels. Nothing herein obligates either Party to make funds available other than as specifically provided in the attached Exhibits, and nothing herein shall imply funding or service will be renewed at the same or any level. H. Authority. The Parties represent that each has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law to legally authorize the undersigned signatories to execute this Agreement on behalf of the Parties and to bind the Parties to its terms. I. No Effect on RTD Rights or Authority. Nothing in this Agreement shall be construed to limit RTD’s right to establish routes or services or to perform any functions authorized by C.R.S. § 32-9-101 et. seq. J. Assignment. Other than as specifically provided herein, the Parties agree that they will not assign or transfer any of their rights or obligations under this Agreement without first obtaining the written consent of the other Party. K. Prohibited Interests. No director, officer, employee, or agent of RTD shall be interested in any contract or transaction with RTD except in his or her official representative capacity unless otherwise provided by the RTD Code of Ethics. L. Severability. To the extent that this Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of this Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other terms or provision hereof. M. Waiver. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon a subsequent breach. Page 328 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 8 of 25 N. No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under this Agreement. It is the express intention of the Parties to this Agreement that any person or entity other than the Parties receiving services or benefits under this Agreement be deemed an incidental beneficiary only. O. Changes in Law. This Agreement is subject to such modifications as may be required by changes in city, state or federal law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. P. Status of Parties. (1) The Parties agree that the status of each Party shall be that of an independent contractor to the other, and it is not intended, nor shall it be construed, that one Party or any officer, employee, agent or contractor of such Party is an employee, officer, agent, or representative of the other Party. Nothing contained in this Agreement or documents incorporated by reference herein or otherwise creates any partnership, joint venture, or other association or relationship between the Parties. Any approval, review, inspection, direction or instruction by RTD or any party on behalf of RTD shall in no way affect either Party’s independent contractor status or obligation to perform in accordance with this Agreement. Neither Party has authorization, express or implied, to bind the other to any agreements, liability, nor understanding except as expressly set forth in this Agreement. (2) RTD shall have no responsibility for any federal and state taxes and contributions for Social Security, unemployment insurance, income withholding tax, and other taxes measured by wages paid to employees of the City. The City acknowledges that it and its employees are not entitled to workers’ compensation benefits or unemployment insurance benefits from RTD, unless the City or a third party provides such coverage, and that RTD does not pay for or otherwise provide such coverage. The City shall provide and keep in force workers’ compensation (and provide proof of such insurance when requested by RTD) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for its own actions, its employees and agents. Q. Incorporation by Reference. This Agreement is made under and conformable to the provisions of Section 4-1-3-4 of Englewood Municipal Code (“EMC”), which provides standard contract provisions for all contractual agreements with the City. Page 329 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 9 of 25 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. R. Paragraph Headings. The captions and headings set forth in this Agreement are for convenience of reference only and shall not be construed so as to define or limit its terms and provisions. S. Counterparts. This Agreement may be executed in counterparts. Signatures on separate originals shall constitute and be of the same effect as signatures on the same original. T. Electronic Signatures. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “ electronic signature” shall include faxed versions of an original signature, electronically scanned and transmitted versions of an original signature, and digital signatures. [Signature pages follow] Page 330 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 10 of 25 WHEREFORE, the Parties have entered into this Agreement as of the Effective Date. REGIONAL TRANSPORTATION DISTRICT By: Debra A. Johnson General Manager and CEO CITY OF ENGLEWOOD By: Othoniel Sierra Mayor ATTEST: City Clerk Approved as to legal form for RTD: Brandon H. Nguyen Associate General Counsel Page 331 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 11 of 25 Exhibit A Description of the Services Services Description: The City of Englewood will operate two, fixed-route vehicles providing transit services for the general public within the RTD District up to 17.5 hours Monday through Friday (3.5 hours per weekday) and 11.0 hours on Saturday for a total Annual Revenue Hours of up to 732 hours in 2024, based on an October 2024 implementation. In 2025 and 2026, the total annual revenue hours are 2,929, unless changed upon mutual agreement of the parties. During the duration of the term of this Agreement, the City and RTD will consider service changes due to performance and/or cost implications affecting the service parameters. Both parties will approve any changes and enhancements to the original service. These hours and services are in addition to those outlined in RTD Contract #424DH011, for Funding of Local Transportation Services of the City of Englewood – Englewood Trolley. Span of Service: Weekday- 5:30 AM-6:30 AM; 6:30 PM – 9:00 PM Saturday- 10:00 AM – 9:00 PM Sunday- No service provided Annual Revenue Hours: Weekday- 589 hours Saturday- 143 hours Sunday- Not Applicable Total 732 estimate of hours based on an October 2024 implementation In addition to extended service hours, funding will be utilized to purchase two, new 24 passenger shuttle busses with branded vehicle wraps. Upon mutual agreement, additional service hours and enhancements may be implemented (i.e. on-demand service, additional service hours, tracking app, additional vehicle, etc.) Page 332 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 12 of 25 In 2025 and 2026, the anticipated services hours for each year are 2,929. Page 333 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 13 of 25 Exhibit B Description of the RTD Funding RTD shall contribute up to $900,000 towards the City’s costs of operating the Services, as described in Exhibit A, for the period January 1, 2024, through December 31, 2026. $300,000 per calendar year will be reimbursed to the City. Should the actual hours operated be reduced from those outlined in Exhibit A, payment will be reduced accordingly. The City will contribute $180,000 towards the costs of operating the Services or $60,000 annually. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] Page 334 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 14 of 25 Exhibit C Performance Expectations All RTD-funded fixed-route transit projects must meet or exceed performance specifications as described below: 1. 10 passengers/boardings per hour 2. On-time performance reliability of 85% 3. 80% rolling stock reliability RTD and the City agree to review performance expectations depending on changes in service characteristics. Page 335 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 15 of 25 Exhibit D Communication and Notices – Contacts For the City: City of Englewood 1000 Englewood Parkway, 3rd Floor Englewood, CO 80110 Attn: Nancy Fenton 303.762.2347 nfenton@englewoodco.gov For RTD: Regional Transportation District 1660 Blake St. Denver, Colorado 80202 Attn: Fred Worthen 303.299.2842 Fred.Worthen@rtd-denver.com Page 336 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 16 of 25 Exhibit E Special Provisions REPORTS. On a quarterly basis, the City will submit a report to RTD providing a summary of Services. The Quarterly Report must include the following: (1) ridership by day and broken down by hour, and hours operated; and (2) the number passengers and wheelchairs, and bikes. ADDITIONAL RECORD KEEPING AND REPORTING REQUIREMENTS. In addition to the requirements set forth in Section 6 of this Agreement, the City will maintain and make available for RTD audit, records of passenger boardings, passenger mileage, vehicle mileage, and any other information RTD requests. Data required by National Transit Database (NTD) of the Parties shall be kept in accordance with FTA requirements and regulations. MARKETING MATERIALS. The City will provide RTD with copies of any proposed marketing materials for the Services. RTD will have ten (10) business days to review any materials and provide comment to the City. The City will have final say on any issues related to marketing materials or marketing plans. DRUG AND ALCOHOL TESTING PROGRAM: The City shall require its contractor(s) providing the Services to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. Part 40 and Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Colorado, or RTD, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. Part 40 and Part 655 and review the testing process. The City further agrees to: (i) certify annually its compliance with Part 40 and Part 655 prior to December 31 of every year during the Term of this Agreement; (ii) submit the Management Information System (MIS) reports by no later than February 15 of every year during the Term of this Agreement to the HR DOT Compliance Department, Regional Transportation District, 1660 Blake St., Denver, Colorado 80202; and (iii) no less than two (2) weeks prior to the execution of this Agreement, provide RTD copies of the drug and alcohol testing program policies of each of its contractor(s) providing the Services. To certify compliance, the Cityshall use the “Alcohol and Controlled Substances Testing Certification” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is published annually in the Federal Register. A contractor that has no prior relationship with RTD, or RTD’s current contractors, will be required to provide RTD’s HR DOT Compliance Department with a Designated Employer Representative (DER), and a back-up DER, as points of contact for drug and alcohol testing Page 337 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 17 of 25 compliance issues. Both the DER and back-up DER must have sufficient experience in the administration of a regulated drug and alcohol program (at least two (2) years) or have completed a Transportation Safety Institute Substance Abuse Management class at least three (3) months prior to award of the contract from the City. Compliance with all applicable rules and regulations applies from the start of the contract. Exhibit F Transit Equity Transit Equity RTD has established a Title VI Program in pursuit of transit equity and compliance with Title VI of the Civil Rights Act of 1964, 49 CFR Part 21, Executive Order 12898 (Environmental Justice), and applicable requirements. The objectives of RTD’s Title VI Program include: 1. Ensure that the level and quality of public transportation service is provided in a nondiscriminatory manner; Page 338 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 18 of 25 2. Promote full and fair participation in public transportation decision-making without regard to race, color, or national origin; 3. Ensure meaningful access to transit-related programs and activities by persons with limited English proficiency. For the purposes of achieving these objectives, the City will be treated as an extension of RTD for compliance with the objectives of Title VI. The City agrees to operate its RTD funded services without discrimination based on race, color, or national origin in accordance with RTD’s Title VI Program. Pursuant to compliance with RTD’s Title VI Program, the City shall: 1. Post a notice regarding the RTD funded service containing the following language: This service is funded in partnership with RTD. RTD operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who believes they have been subjected to unlawful discrimination under Title VI may file a complaint with RTD. To file a complaint or obtain more information regarding RTD’s complaint procedures, visit https://www.rtd-denver.com/reports-and-policies/title-vi-policy; call 303.299.6000; email titlevicomplaints@rtd-denver.com or visit RTD’s administrative office at 1660 Blake St., Denver, Colorado 80202. a. The City must post a copy of this notice on their website and any vehicles of services that are RTD-funded. 2. Notify RTD of any written complaints asserting discrimination based on race, color or national origin involving RTD funded services within 15 calendar days of receipt. The City shall comply with any investigations and requests for information regarding complaints of discrimination. Should RTD find that any practice, policy, or procedure of the City results in a discriminatory outcome, RTD will provide specific instructions to the City on how corrective action shall be taken. Pursuant to FTA regulations, the City shall submit a letter to RTD indicating it is meeting Title VI requirements (“Title VI Letter”) within thirty (30) calendar days following the Effective Date. The City shall include its Title VI Program and Title VI Notice as attachments to the Title VI Letter. Page 339 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 19 of 25 To the extent that one or more substantially similar agreements are executed for RTD funding of the City’s provision of the Services for years occurring after the expiration of the term of this Agreement, the City shall be required to submit the Title VI Letter to RTD every three (3) years. Page 340 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 20 of 25 EXHIBIT G REGIONAL TRANSPORTATION DISTRICT INSURANCE REQUIREMENTS GENERAL CONTRACTS General All defined terms contained in this Exhibit G shall have the same meaning ascribed to them in this Agreement. The City of Englewood (“Contractor”) shall procure and maintain, and shall require that its subcontractors purchase and continuously maintain in full force and effect for this Agreement period specified herein, all insurance policies specified in this Exhibit G. The Contractor shall forward updated certificates of insurance and endorsement(s) when policies are renewed or changed. The insurance required hereunder shall not be interpreted to relieve the Contractor of any obligations under this Agreement, and liability of Contractor under this Exhibit G shall not be limited to coverage provided under said insurance policies. The Contractor and its subcontractors shall remain solely and fully liable for all deductibles, self-insured retentions, and amounts in excess of the coverage actually realized. Commercial General Liability Insurance At all times during the performance of this Agreement, the Contractor and its subcontractors shall have and maintain Commercial General Liability Insurance insuring against claims for bodily injury, property damage, personal injury and advertising injury. By its terms or appropriate endorsements such insurance shall include the following coverage: Bodily Injury, Property Damage, Fire Legal Liability, Personal Injury, Blanket Contractual, Independent Contractors, Page 341 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 21 of 25 Premises Operations, Products and Completed Operations Hazard for a minimum of two (2) years following final completion of the Project or the applicable statute of limitations or statute of repose, whichever is greater. The policy cannot be endorsed to exclude cause of loss related to earth movement, explosion, collapse and underground exposures without the specific written approval of RTD, nor may the policy exclude or limit Contractor’s or its subcontractors’ liability for acts or omissions of any independent contractors or subcontractors, nor may the policy exclude work of any independent contractor or subcontractor; nor contain any conditions regarding when coverage is available for acts, omissions or work of a Contractor or subcontractor, nor may the policy limit coverage to a designated premises, nor may the policy exclude or limit coverage for liability arising from the Products and Completed Operations Hazard. If any Work performed under this Agreement is within fifty (50) feet of RTD’s light rail or commuter rail alignment, then the Contractor and its subcontractors shall have and maintain ISO form CG 2417 1001 - Contractual Liability – Railroads. If Commercial General Liability Insurance or other form with general aggregate limit and products and completed operations aggregate limit is used, then the aggregate limits shall apply separately to the Project, or the Contractor and/or its subcontractors may obtain separate insurance to provide the required limit which shall not be subject to depletion because of claims arising out of any other project or activity of the Contractor and/or its subcontractors. General Aggregate limit applies per construction Project. The policy or policies must provide the following minimum limits of liability as follows: Amount of Coverage: $1,000,000 per occurrence $2,000,000 aggregate There shall be a separate minimum limit of liability for the Products/Competed Operations Hazard not included within the General Aggregate. Amount of Coverage $1,000,000 per occurrence Page 342 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 22 of 25 $2,000,000 aggregate Commercial Automobile Liability Insurance At all times during the performance of this Agreement, the Contractor and its subcontractors shall have and maintain Automobile Liability Insurance insuring against claims for bodily injury and property damage arising out of the ownership, maintenance or use of all owned/leased as well as hired and non-owned vehicles. The Automobile Liability policies shall have minimum limits of liability as follows: Amount of Coverage: $1,000,000 combined single limit Workers’ Compensation and Employer’s Liability Insurance At all times during performance of this Agreement, the Contractor and its subcontractors shall each have and maintain Workers’ Compensation Insurance sufficient to meet its statutory obligations to provide benefits for their contractual and statutory employees with claims of bodily injury or occupational disease (including resulting death). The Contractor and its subcontractors shall each provide Employer’s Liability Insurance covering their legal obligation to pay damages because of bodily injury or occupational disease (including resulting death) sustained by their contractual and statutory employees with minimum limits of liability as follows: Amount of Coverage: $1,000,000 bodily injury by accident $1,000,000 bodily injury by disease $1,000,000 policy limit Umbrella/Excess Liability At all times during performance of this Agreement, the Contractor and its subcontractors shall have and maintain Umbrella and Excess Liability insurance on a following form basis with limits of liability in a minimum amount as follows for a minimum of two (2) years following final completion of the Project or the applicable statute of limitations or statute of repose, with minimum liability limits as follows: Page 343 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 23 of 25 Amount of Coverage: $5,000,000 per occurrence $5,000,000 aggregate This excess insurance shall follow form and be at least as broad as the Contractor’s and/or its subcontractors primary Commercial General Liability (including additional insureds), Commercial Auto Liability, and Employer’s Liability insurance. The above insurance levels may be met through any combination of primary insurance and excess liability/umbrella insurance so long as the total amount meets the stated minimum requirements. Endorsements, Waivers and Related Requirements Prior to performing any Work, the Contractor shall furnish RTD with proof of insurance and a certificate of insurance for each of the Contractor’s and each of its subcontractors’ policies. All insurance policies required hereunder shall contain or be endorsed to contain the following provisions: 1. The Contractor and its subcontractors shall request their insurance policies contain language requiring the insurer to provide RTD with 30 days’ advance notice of cancellation of policies by Registered or Certified mail. Regardless, the Contractor and its subcontractors shall be responsible to immediately notify RTD in writing by email of any changes to, cancelations of or notices of an insurer’s intent to not renew its insurance. Such notice shall be provided no later than 24 hours after the Contractor or any of its subcontractors receives notice of any changes, cancellations or notice of an insurer’s intent to not renew. Failure to provide the notice shall be breach of this Agreement and this Agreement may be terminated. Any notice of changes, cancellation or intent to not renew shall be provided to the designated RTD Department or Division as provided herein. Such notice requirement does not waive the insurance requirements contained herein. 2. For the insurance specified herein, RTD and its members, directors, officers, employees and agents shall be named as an additional insured (except Workers’ Compensation). Coverage shall be provided by Forms CG 2038 (ongoing operations) and CG 2040 (completed operations) or by an alternative endorsement approved by RTD. Page 344 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 24 of 25 3. For the insurance specified herein, the Contractor’s and its subcontractors’ insurance shall be primary and non-contributory insurance with respect to the Contractor’s and its subcontractors’ insurance for RTD and its members, directors, officers, employees and agents. Contractor and subcontractor policy/policies shall contain ISO Form 2001 04 13, or such other form or endorsement approved by RTD. 4. The insurance specified herein shall contain an express waiver of subrogation in favor of RTD as by ISO form CG 2453 or CG 2404. The Contractor and its subcontractors and their agents and employees waive all rights of subrogation against RTD for any liability and workers’ compensation claims they incur in relation to this Agreement and agree to have all such policies appropriately endorsed with a Waiver of Subrogation endorsement. 5. The insurance shall apply separately to each insured and additional insured party against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6. The amount of insurance must be at least equal to the limits of liability required herein. Acceptable Insurance Company The insurance company providing any of the insurance coverage required herein shall have at a minimum an AM Best Key Rating of A, with a Financial Strength of VII or higher, (i.e., A VII, A VIII, A IX, A X, etc.) or equivalent from similar rating agency and shall be subject to prior approval by RTD. Each insurance company’s rating as shown in the latest AM Best Key Rating Guide shall be fully disclosed and entered on the required certificate of insurance. Premiums, Deductibles and Self-Insured Retentions The Contractor and its subcontractors shall be responsible for payment of premiums for all of the insurance coverages required hereunder. The Contractor and its subcontractors further agree that for each claim, suit or action made against insurance provided hereunder, with respect to all matters for which the Contractor and its subcontractors are responsible hereunder, the b and its subcontractors shall be solely responsible for all deductibles and self-insured retentions. Any deductibles or self-insured retentions over $25,000 in the Contractor’s and its subcontractors’ insurance must be declared and approved in writing by RTD prior to entry upon, above or adjacent to RTD property and prior to commencement of any Work under this Agreement. Certificate of Insurance The Contractor will deliver to the designated RTD Department or Division a certificate of insurance with respect to each required policy to be provided by the Contractor and its subcontractors. The Page 345 of 520 2024 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES CITY OF ENGLEWOOD SHUTTLE COST SHARE Page 25 of 25 required certificates must be signed by the authorized broker or agent representative of the insurance company shown on the certificate and authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon. All endorsements, waivers, and related requirements described above shall be attached to the certificates of insurance when submitted to RTD. A certified, true and exact copy of each insurance policy (including renewal policies) required under this Agreement shall be provided to RTD if so requested within three (3) days. Maintenance of Coverage and Renewal Policies No less than twenty-one (21) calendar days prior to the expiration date of any policy to be provided by the Contractor and its subcontractors, the Contractor shall promptly deliver to RTD proof of insurance required by the terms specified herein for at least the next twelve months after the expiration date of any policy. Such insurance may be either a renewal policy or a new policy or policies. No Recourse There shall be no recourse by any party, insurer, the Contractor or its subcontractors against RTD for the payment of premiums, deductibles, self-insured retentions or other amounts with respect to the insurance required from the Contractor or its subcontractors. Failure to Provide or Maintain Insurance Coverages The Contractor’s failure to have or maintain, or failure to require its subcontractors to have or maintain, any of the insurance coverage required herein shall constitute a breach of this Agreement. In addition to the remedies that RTD may have under the insurance specified herein, RTD may take whatever action is necessary to maintain the current policies in effect (including the payment of any premiums that may be due and owing by the Contractor or its subcontractors) or RTD may procure substitute insurance. The Contractor is responsible for any costs incurred by RTD in maintaining the insurance coverage required by the terms specified herein or providing substitute insurance. Such costs may be charged to the Contractor or may be deducted from any sums due and owing to the Contractor. Page 346 of 520 Price Proposal 10/26/2023 Creative Bus Sales offers dedicated sales, parts, and service departments to help you in all stages of bus ownership. Our customers benefit from our strong manufacturer partnerships, the largest in-stock inventory, and a nationwide team of experts. As a family-owned business with experience in the transportation industry since 1980, it’s no coincidence that we’ve grown to become the nation’s largest bus dealership. 2024 Starcraft Allstar XL 32’ Sales Experience Nationwide Network 550+ Years of Collective Bus Sales Experience Servicing Over 1,500 Customers Annually 22 Full-Service Locations Nationwide Partners with 25+ Top Manufacturers Competitive Pricing In-House Financing Volume Discounts Fixed Contract Pricing Seamless Transactions Flexible Structures 41 22 350+ 1,500 Years In Business Nationwide Locations Dedicated Employees Annual Customers Page 347 of 520 2024 STARCRAFT ALLSTAR XL 32’ TRANSIT BUS - 30 SEATED PASSENGERS OR - 28 + 1 WHEELCHAIR OR - 24 + 2 WHEELCHAIRS 2024 FORD F550 XL CHASSIS WITH 19,500LB. GVWR 7.3L V8 GASOLINE ENGINE Page 348 of 520 GASEOUS FUEL PREP PACKAGE - HARDENED VALVES & VALVE SEATS 5 SPEED AUTOMATIC TRANSMISSION TILT STEERING WHEEL MOR-RYDE COMFORT RIDE REAR SUSPENSION ALTRO META W/YELLOW STEP NOSING - FLOOR COLOR: STORM TA733 SUPER 13 87,000 BTU A/C WITH ROOF MOUNTED CONDENSOR HOT WATER HEATER, 65K BTU PRIORITY SEATING SIGN STARCRAFT CIRCUIT BOARD LIFT INTERLOCK BACK-UP ALARM SAE TYPE C 97 DBA REAR VISION CAMERA WITH MONITOR CEILING GRAB RAIL (2) 1 1/4" GRAB RAIL PARALLEL TO ENTRANCE STEPS (BOTH SIDES) MID HIGH DOUBLE SEAT (12) ANTI-VANDAL GRAB HANDLE, BLACK (13) - AISLE SIDE ONLY SEAT BELT, NON-RETRACTABLE (30) SEAT BELT LOOP – (30) FRONT DESTINATION SIGN PREP PACKAGE SIDE DESTINATION SIGN PREP PACKAGE DELUXE AM/FM / CD /WITH MIC INPUT & CLOCK, 4 SPEAKERS PA MODULE ADDED TO STEREO SYSTEM ADDITIONAL SPEAKER (2) - MOUNT TWO OF THE SPEAKERS IN FRONT BULKHEAD PADDED VINYL INTERIOR (WALLS AND CEILING) SEAT COVER - LEVEL 1 NEWPORT VINYL; OXEN VINYL; OLEFIN FLIP SEAT, DOUBLE FREEDMAN FEATHERWEIGHT MID HIGH (2) FOLDAWAY DOUBLE FLIP SEAT (1) BRAUN CENTURY NCL954-2 1,000LB WEIGHT RATING WITH 34” X 54” PLATFORM WHEELCHAIR DECAL (INTERNATIONAL SYMBOL OF ACCESSIBILITY) Q-8301-L MAX RETRCTR TIE DOWN,Q8-6326-A1 COMB LAP/SHLDR,L TRK (2) DOUBLE WHEELCHAIR DOORS W/ WINDOWS, INTERIOR LIGHT, LEAF SPRING FIRE EXTINGUISHER FIRST AID KIT TRIANGLE FLARE KIT FORD CPA DISCOUNT FORD MOBILITY DISCOUNT WARRANTY STARCRAFT LIMITED WARRANTY: 60 MONTHS / 100,000 MILES STARCRAFT STRUCTURAL WARRANTY: 60 MONTHS / 100,000 MILES FORD CHASSIS: 36 MONTHS / 36,000 MILES FORD POWERTRAIN: 60 MONTHS / 60,000 MILES TRANS AIR A/C: 60 MONTHS / 100,000 MILES BRAUN WHEELCHAIR LIFT: 60 MONTHS / 100,000 MILES PRICE FOB ENGLEWOOD, CA $196,460* *Price does not include tax, license, or DMV fees. *Price good for 45 days. Page 349 of 520 1 ORDINANCE COUNCIL BILL NO. 34 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD FOR FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES OF CITY OF ENGLEWOOD SHUTTLE SERVICE IMPROVEMENTS WHEREAS, the Regional Transportation District (“RTD”) is authorized by the Regional Transportation District Act, C.R.S. §§ 32-9-101, et seq. (the “RTD Act”), to develop, maintain, and operate a mass transportation system for the benefit of the inhabitants of its District, as defined by the RTD Act; and WHEREAS, RTD currently operates a variety of fixed-route bus, light rail, and other transit services in and around the City of Englewood; and WHEREAS, the City of Englewood provides certain transit services that provide mobility and access to the business and residential areas in and around the City; and WHEREAS, the services that the City of Englewood provides supplement RTD service and provide added mobility for the general public working and living in the City; and WHEREAS, since 2004 the City of Englewood has entered into multiple Intergovernmental Agreements with RTD pertaining to City operated shuttle services; and WHEREAS, the Englewood City Council approved Ordinance No. 19, Series 2024, authorizing an Intergovernmental Agreement with RTD regrading funding of Englewood shuttle operations; and WHEREAS, the City of Englewood applied for and was awarded a grant through the RTD Partnership Program; and WHEREAS, the RTD Partnership Program grant will allow the City of Englewood to improve shuttle service and acquire new vehicles; and WHEREAS, the RTD Partnership Program grant would provide the City of Englewood with $900,000.00 in total grant funds, providing $300,000.00 annually in 2024, 2025, and 2026; and Page 350 of 520 2 WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into an Intergovernmental Agreement with RTD for the Partnership Program grant; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution of the Intergovernmental Agreement for Funding Agreement for RTD Funding of Local Transportation Services of City of Englewood Shuttle Service Improvements between the Regional Transportation District and the City of Englewood, Colorado, in the form substantially the same as that attached hereto. Section 2. General Provisions 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 Page 351 of 520 3 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. Page 352 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: August 19, 2024 SUBJECT: Motion to Approve the 2024 grant-related Transit Shuttle Services Contract with MV Transportation, Inc. for expanded services of the Englewood shuttle for a 2024 not-to-exceed amount of $360,000 DESCRIPTION: A contract with MV Transportation, Inc. (MV) to provide operations, maintenance and support services for the Englewood shuttle (name change to “bert” in process) pertaining to the expanded service hours and vehicle acquisitions to be funded by a three-year RTD Partnership Program grant in 2024, 2025 and 2026. RECOMMENDATION: Staff recommends city council approve, by motion, a 2024 services contract with MV Transportation, Inc. (MV) to provide operations, maintenance and support services for the Englewood shuttle specific to the RTD Partnership Program grant, with the cost in 2024, 2025 and 2026 not to exceed $360,000 annually ($300,000 annually from RTD and $60,000 annual local match from the city and Englewood Downtown Development Authority). PREVIOUS COUNCIL ACTION: 2004: City council approved by motion a contract for transit services with Laidlaw Transit Services 2005: Extended contract by Resolution No. 87 2006: Extended contract by Resolution No. 77 2007: Extended by motion December 3, 2007 2008: Extended by motion on March 3, 2008 2009: Extended by motion on April 6, 2009 December 21, 2009: Approved by motion a contract for transit services with MV Transportation, Inc., and extended the contract by motion annually through 2023. January 16, 2024: Approved by motion Renewal Agreement Number 3 to Transit Shuttle Services Operations with MV Transportation, Inc. (interim agreement) May 6, 2024: Approved by motion a transit services agreement with MV, covering all of 2024, for the existing baseline level of shuttle service (superseded the prior interim contract) SUMMARY: The RTD Partnership Program grant, which was awarded to the city in 2023, will provide $300,000 annually in 2024, 2025 and 2026 to fund an expanded shuttle service schedule and Page 353 of 520 the acquisition of two new vehicles. The city and the Englewood Downtown Development Authority (EDDA) will share in the provision of additional local match funding of $60,000 for each of the three grant years. This MV services agreement will facilitate the implementation of the grant-funded additional services and acquisition of new vehicles. This contract is separate from and in addition to the not-to-exceed services agreement with MV for $639,785 for 2024 baseline services, as approved by council on May 6, 2024 ($562,413 to be reimbursed to the city from RTD in accordance with a related IGA with RTD approved by council on May 20, 2024). ANALYSIS: In 2024, 2025 and 2026 the $300,000 in RTD grant funds, plus $60,000 in local match funding, will be utilized to: (a) Implement 3.5 hours of additional service per weekday, increasing the current 6:30 am to 6:30 pm service day to 5:30 am to 9 pm, (b) Implement 11 hours of new service on Saturdays, from 10 am to 9 pm, (c) Fund MV’s acquisition of two new 24-passenger vehicles (equivalent to the current vehicles), including the application of new vehicle graphics, and (d) If financially feasible, phase in some on-demand service and vehicle tracking software in Year 2 and/or Year 3 of the RTD grant. The grant-funded shuttle services and vehicle acquisitions were originally described in the city- issued October 2023 Request for Proposals 23-040 (RFP) seeking an operator for the shuttle. The RFP included services to support a continuation of the baseline level of services plus additional services and the purchase of new vehicles anticipated to be funded by the RTD Partnership Program grant. In December 2023, MV was notified by the city that their proposal was accepted and they would be awarded the 2024 shuttle operator contracts, subject to contract approvals by city council together with council approvals of the two intergovernmental agreements (IGAs) with RTD. MV Transportation, which is one of the leading transportation firms in the US, has provided Englewood with shuttle operator services since 2009 and has done so with excellent safety and on-time performance records. At the May 13, 2024 city council study session, a related initiative to rename and rebrand the shuttle was undertaken, including a public survey of several different names and graphic designs. The resulting “bert” (Bringing Englewood Riders Together) name will be introduced via a public awareness and marketing campaign in conjunction with implementation of the expanded service hours and new vehicles. The Englewood Downtown Development Authority will be collaborating in the outreach efforts. The 19 shuttle stops will also receive new graphics. Utilizing the new vehicles, the expanded service is anticipated to be implemented during the fourth quarter of 2024. The RTD grant is a reimbursement grant, with RTD funding to the city occurring after the related expenses are first funded by the city. Staff anticipates that the $360,000 for 2024 will be included in a 2024 supplemental budget request. This will include the $60,000 local match portion, $50,000 of which will be reimbursed by the EDDA in 2024 with the Page 354 of 520 city funding $10,000. The local match funding in 2025 and 2026 is proposed to be shared equally between the city and EDDA. COUNCIL ACTION REQUESTED: Staff recommends city council approve, by motion, a 2024 services agreement with MV Transportation, Inc., with two renewal options, to provide grant-related operations, maintenance and support services for the shuttle. This contract specifically pertains to the additional service hours and vehicle acquisitions to be funded by the three-year RTD Partnership Program grant (plus local match funding) in 2024, 2025 and 2026. FINANCIAL IMPLICATIONS: This services agreement with MV provides for approximately 244 additional vehicle service hours per month and two new vehicles to be acquired and operated by MV. The number of total additional service hours anticipated in 2024 is 732 hours, assuming the new service is implemented October 1, 2024, with approximately 2,929 annual service hours in 2025 and 2026. The service hour costs will be $80.62 in 2024, $80.79 in 2025 and $83.23 in 2026. The new vehicles will be the 24-passenger (plus 2 wheelchairs) Starcraft Allstar XL 32’ Transit Bus, which will be acquired by MV. During the final quarter of 2024, all of 2025 and all of 2026, the city will utilize grant funds to reimburse MV for prorated vehicle payments of $7,151 per month. In addition, the grant will be utilized by the city to fund an initial 2024 vehicle deposit to MV of $267,300. In the event the city elects to not renew the MV contract in 2025 or 2026, the city will take ownership of the vehicles and continue to utilize the grant funding to reimburse MV the prorated vehicle payments through the end of 2026. The city will own the two vehicles as of year-end 2026. RTD has indicated that the vehicles have a 10-year useful life, and it is expected that the city would continue to use them in operating the shuttle service well past 2026 or use the vehicles for other municipal purposes. Grant funds that are not used to fund the new service hours or vehicle acquisition cost reimbursements may be utilized to fund some initial on-demand shuttle service and possible online apps. CONNECTION TO STRATEGIC PLAN: Improving the Englewood shuttle service in 2024 and beyond, through added service hours and new vehicles, in collaboration with the EDDA, addresses the following City of Englewood Strategic Plan goals. Local Economy Ensure commercial areas, like neighborhoods, have unique character and pedestrian amenities for employees and visitors. Neighborhoods Ensure affordability. Sustainable Solutions Develop sustainable solutions for both humans and plants. Transportation Increase ridership on RTD transit options in Englewood. Page 355 of 520 Ensure an outstanding pedestrian experience along and near Englewood Trolley stops and route. ATTACHMENTS: 1. Contract Approval Summary 2. 2024 Transit Shuttle Services Contract with MV (for additional services and vehicle acquisitions specifically funded by the RTD Partnership Program grant) 3. Vehicle Specifications Page 356 of 520 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 9/1/2024 Amendment Amount End Date 12/31/2024 Amended Contract Amount Total Term in Years 0.33 Vendor Contact Information: Name Contact Address Phone Email Dallas TX City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services Budget Authorization of Contract Work/Services MV Transportation 2711 N Haskell Ave., Suite 1500 CMGC-Construction Manager/General Contractor Payment of $267,300 on or before vehicles being ordered, for vehicle downpayment and city-approved vehicle wraps. Monthly payment of $7,151 once vehicles are placed in service (prorated for partial months) If there is a delay in placing the new vehicles in service, additional grant funds, not to exceed a total expenditure of $360,000 in 2024, may be applied to vehicle downpayment or enhancements, including but not limited to on-demand service, online tracking application, etc. $ 360,000 $ - $ 360,000 2347Nancy Fenton Department Administrator City of Englewood, Colorado CONTRACT APPROVAL SUMMARY The scope of the contract covers extended hours and shuttle enhancements not covered in Contract for Services Agreement Number CFS-24-067. In addition to the service hours outlined in CFS-24-067, the Contractor will provide operation and management of the shuttle Monday through Friday, 5:30 am - 6:30 am and 6:30 pm - 9:00 pm, and on Saturday 10 am - 9 pm. A RFP was issued in 2023 and awarded to MV Transportation. MV was the only respondent to the RFP. A budget supplemental will be needed; however, RTD will reimburse the city $300,000 and EDDA will contribute $50,000, which will be deposited in the department's revenue account, for a net cost to the city of $10,000. Renewal options available Two renewals 75204 Payment terms (please describe terms or attached schedule if based on deliverables) 480.201.5236 Peter.greenberg@mvtransit.com Peter Greenberg, Vice President of Business Page 357 of 520 City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Source of Funds: CAPITAL ONLY Item A B C D 1=A-B-C-D Capital Tyler New World Budgeted?Spent To Encumbrance Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description YES / NO Budget Date (Outstanding PO)Amount Remaining Operating 2024 02 0801 54213 NO 651,774$ 317,802$ 321,983$ 360,000$ (348,011)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Current Year 651,774$ 317,802$ 321,983$ 360,000$ (348,011)$ C -$ -$ -$ -$ -$ C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL 651,774$ 317,802$ 321,983$ 360,000$ (348,011)$ Process for Choosing Contractor: Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: PLEASE NOTE: City Council Approval Required for the following: - Budgeted Contracts or Agreements greater than $250,000 - Non-Budgeted Contracts or Agreements greater than $125,000 RFP#23-040 Request for Proposals to Provide Contracted Operations, Maintenance and Support Services for the Englewood TrolleySolicitation Name and Number: NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in OpenGov For Capital Items, please review Prior Month's Project Status and Fund Balance Report Transportation Solicitation Evaluation Summary/Bid Tabulation 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 358 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 CONTRACT FOR SERVICES AGREEMENT NUMBER CFS-24-165 ENGLEWOOD SHUTTLE ADDITIONAL SERVICE HOURS Not to Exceed $360,000.00 THIS CONTRACT made and entered into on by and between MV Transportation, Inc. Hereinafter called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the CITY. WITNESSETH; The parties do hereby contract and agree as follows: 1. The CONTRACTOR shall furnish the CITY the following services: Contractor shall provide additional service hours and other enhancements to the Englewood Shuttle. ______________________________________________________________________ At the location of: City-wide for a total contract price of: Not to exceed fifty thousand ($360,000.00) Dollars 2. The initial term of this contract is for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Statement of Work attached hereto, but at no time shall the contract be longer than a one-year period. In the event that the parties desire to extend the contract beyond the one-year period, written notice shall be given to the City no later than thirty (30) days prior to the end of the contract by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Contract including an amended Statement of Work, if necessary. Any renewal of this contract is subject to approval by the Englewood City Council. 3. The Contractor shall not commence work under this Contract until the insurance required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. 4. The project or services being provided hereunder shall be supervised or inspected by the Project Manager for the City, or his or her authorized designee. 5. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a part hereof. 6. This Contract shall be subject to all terms and conditions contained herein, in Englewood Municipal Code (EMC) 4-1-3-4, and the following Exhibits attached hereto, which are incorporated by reference as is fully set forth herein: Exhibit A: General Terms and Conditions Page 359 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 2 Exhibit B: Statement of Work Exhibit C: Contractor Proposal Exhibit D: Certificate of Insurance In the event of any conflict, provisions shall prevail over conflicting provisions in the following order: EMC 4-1-3-4 shall prevail over all conflicting provisions, followed by this Contract and then Exhibits in order, starting with A. Any additional Exhibits or Attachments shall only be incorporated into this Contract, and become part of the binding terms and conditions, upon written amendment to this Contract specifically providing for their inclusion. CITY OF ENGLEWOOD By: Date: (Department Director) By: ________________________________ Date: __________________ (City Manager) By: Date: (Mayor) Attest: ______________________________ Date: __________________ (City Clerk) MV TRANSPORTATION, INC. Contractor (print company name) By: _____ Date: (Signature) _______________________________ (Print name and Title) NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer. The regulations also provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In order to comply with these regulations, the City requires your federal tax identification number or Social Security Number, whichever is applicable. Page 360 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 3 EXHIBIT A – GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1.PROPOSAL ACCEPTANCE. Proposals are subject to acceptance by the signing of a contract and issuance of an appropriate purchase order at any time within sixty (60) days after the receipt of quotes unless otherwise stipulated. The City reserves the right to accept or reject any and all quotes and reserves the right to waive any informality in any quote. All contracts over $100,000 are subject to approval by City Council. This contract and any attachments are not valid until such approval has been obtained. 2.SITE EXAMINATION. If applicable, Contractor must examine the site and certify all measurements, specifications and conditions affecting the work to be performed at the site. By submitting their quote, the Contractor warrants that he or she (hereinafter he or his) made such site examination as they deem necessary regarding the condition of the site; its accessibility for materials, workmen and utilities and the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to such matters or for any other undiscovered conditions on the site. 3.EQUIPMENT AND LABOR. The Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services herein described. The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or statement of work attached hereto. 4.SUBCONTRACTORS. Contractor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be fully responsible to the City for acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing contained in the contract documents shall create any contractual relations between any subcontractor and the City. 5.DEFAULT BY CONTRACTOR. When Contractor, or any subcontractor, or vendor shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications or the Statement of Work, the City may, upon five (5) business days’ prior written notice describing the default, at its option, annul and set aside the contract entered into with said Contractor, subcontractor or vendor either in whole or in part, and enter into a new contract in such a manner which would be to the best advantage of the City. The City reserves the right to cancel any articles or services which the Contractor may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Contractor provided satisfactory proof is furnished to the City, if requested. 6.CONTRACT CHANGES. No changes or alterations to this contract shall be made without specific prior written approval by both parties. 7.WORKERS. Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor who the City may deem incompetent or unfit shall be dismissed from the job site and shall not again be employed at the site without written consent from the City. 8.SUBSTITUTIONS. No substitutions of materials or persons from those specified in the Statement of Work shall be made without the prior written approval of the City. 9.CONTRACTOR SUPERVISION. Contractor shall provide competent supervision of personnel employed on the job site, use of equipment, and quality of workmanship. 10.CLEAN UP. Debris shall be removed from the premises. The job site shall be kept in good order at all times when work is not actually being performed and shall be maintained in a safe and clean condition. 11.ACCESS TO WORK. City representatives shall at all times have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access. 12.PROTECTION OF WORK AND PROPERTY. The Contractor shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workmen and the public, and shall post danger signs warning against hazards created by such features in the course of the construction. 13.OCCUPANCY. The City reserves the right to occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by this contract, nor shall such occupancy extend the date specified for substantial completion of the work. 14.ASSIGNMENT OF CONTRACT AND PURCHASE ORDER. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations under this contract without the prior written consent of the City. 15.FORCE MAJEURE CLAUSE. The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing by an act of God, fire, strike, loss, shortage of transportation facilities, lock-out, or the commandeering of materials, products, plants or facilities by the government; when satisfactory evidence thereof is presented to the other party(ies), provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing. 16.HOLD HARMLESS CONTRACT. The Contractor shall save, defend, hold harmless and indemnify the City from and against any and all losses, damages, liabilities, claims, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work on property under the terms of this contract by any employee, agent, or representative of Contractor and/or its subcontractors unless such loss was a result of the negligent acts or omissions of the City. 17.PAYMENT. Unless otherwise specified, the Contractor shall render invoices for materials delivered or services performed under the Contract or Purchase Order. The City shall make payment for materials, supplies or other services furnished under this Contract in lump sum on completion of the work within thirty (30)days after delivery to and approval by the authorized City representative of all invoices and other documentary evidence Page 361 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 4 reasonably required by the City including the satisfactory release of all liens or claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld). 18.PERMITS AND LICENSES. The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor’s sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed. 19.CONTRACTOR NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE CITY. While engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor is an independent Contractor, and not an officer, employee, agent, partner, or joint venture of the City. 20.CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a)INSURANCE TYPES AND AMOUNTS. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, and only with the approval of the City. b)WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract and in case of any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance. c)CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The Contractor and any subcontractor shall procure and shall maintain during the life of this contract, Contractor’s Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor’s Property Damage Insurance in an amount not less than $1,000,000. 21.WARRANTY/QUALITY. The Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of materials for a minimum period of one (1) year from delivery or the final completion date for the work. All workmanship and merchandise must be warranted to be in compliance with applicable Colorado energy, conservation, and environmental standards; unless a longer minimum period is required in the statement of work. Contractor shall furnish all manufactures’ and supplier’ written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 22.ASSIGNMENT OF CLAIMS. In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services, or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23.COMPLIANCE WITH LAWS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work. If Contractor observes that any of the work required by this contract is at variance with any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor’s receipt of a written termination notice from the City. If Contractor performs any work knowing it to be in violation of such laws, ordinances, rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24.TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25.GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, CO. 26.NO ORAL MODIFICATION. Any waiver, amendment, modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. 27.TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Any provision of this contract or its attachments which imposes upon the City, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28.PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. 29.DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract of such request. 30.ATTORNEY’S FEES. In the event that either party to this Contract shall commence any action against the other party arising out of or in connection with this Contract, or contesting the validity of the Contract or any provisions of the Contract, the prevailing party shall be entitled to recover from the other party Page 362 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 5 reasonable attorney’s fees and related costs, and fees and expenses incurred by the prevailing party in connection with such action or proceeding. 31.COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT OF 1986. Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Contractor for the performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment. 32.USE OF CITY NAME OR LOGO. Except as otherwise provided in this Contract, the Contractor shall not refer to this Contract or the City of Englewood in any advertising or promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the City of Englewood, its employees, or its Departments, or is considered by these entities to be superior to other products or services. Any use of the name, image, or logo of the City of Englewood in advertising or promotions must be approved in writing by the City prior to such use. 33.INCORPORATION BY REFERENCE. This Contract 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 Contract. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 363 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 EXHIBIT B OUTLINE OF STATEMENT OF WORK 1.GENERAL Statement of Work for additional service hours and other enhancements of the Englewood Shuttle (including new vehicle leases) between the City of Englewood, Community Development Department (City) and MV Transportation, Inc, 2711 North Haskell Avenue, Suite 1500, Dallas, Texas 75204 (Contractor) effective the date of this agreement through December 31, 2024, with two, one-year extensions. The funding for the additional service hours and new vehicle leases is being provided through an RTD Partnership Program Grant awarded to the City for 2024, 2025 and 2026, with local match funds provided by the City and the Englewood Downtown Development Authority. 2.NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Community Development Nancy Fenton, Department Administrator 303.762.2347 nfenton@englewoodco.gov MV Transportation, Inc. Peter Greenberg, Vice President of Business Development 2711 N Haskell Ave., Suite 1500 Dallas, Texas 75204 480.201.5236 Peter.greenberg@mvtransit.com 3.SUMMARY OF PURPOSE FOR STATEMENT OF WORK The scope of this contract covers extended hours and shuttle enhancements not covered in Contract For Services Agreement Number CFS-24-067. In addition to the service hours outlined in CFS-24-067, the Contractor will provide operation and management of the Englewood shuttle Monday through Friday, 5:30 am - 6:30 am and 6:30 pm – 9:00 pm, and on Saturday 10 am – 9 pm at a cost of $80.62 per hour. Contractor shall order two, new 24-passenger (plus 2-wheelchairs) Starcraft Allstar XL 32’ Transit Buses and wrap the buses with City-approved graphics. Additional improvements to the shuttle service will be implemented upon mutual agreement between the City and the Contractor (i.e., tracking application, on-demand service, expanded hours, etc.) All other requirements, conditions, obligations and promises of the City’s “Request for Proposals to Provide Contracted Operations, Maintenance and Support Service for the Page 364 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 7 Englewood Trolley in the City of Englewood, Colorado (RFP #23-040), dated October 19, 2023 and the Response by MV Transportation, Inc., dated November 30, 2023 are incorporated herein as Attachment C. In the event of contradiction among the documents, the terms and conditions of this contract shall prevail. 4.EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The City shall provide access to its fuel stations for the Contractor to fuel the Englewood shuttle. Cost of the fuel will be borne by the City. 5.OTHER CONSULTANT RESOURCES No additional contractors shall be engaged without prior written approval by the City. Should the need arise for additional services, Contractor will coordinate any concurrent work of other contractors engaged directly by the City. 6.DESCRIPTION OF WORK PRODUCT AND DELIVERABLES In addition to the service hours outline in CFS-24-067, Contractor shall provide extended hours as follows: Monday – Friday 5:30 – 6:30 am 6:30 pm – 9:00 pm Saturday 10 am – 9:00 pm Estimated hours for 2024: Not to exceed 732 (based on an October 1 implementation) Estimated hours for 2025: 2,929 Estimated hours for 2026: 2,929 Contractor shall acquire two, new 24-passenger (plus 2-wheelchairs) Starcraft Allstar XL 32’ Transit Buses and wrap each bus with City-approved graphics. 7.SPECIAL TERMS, IF ANY N/A 8.MODE OF PAYMENT Payment will be made to Contractor in the form of a check. Page 365 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 8 9.PAYMENT SCHEDULE In 2024, the City will pay the Contractor an amount not to exceed $360,000, constituting the following: A.Payment of $267,300, on or before vehicles being ordered, for vehicle downpayment and City-approved vehicle wraps. B.Monthly payment of $7,151 once vehicles are placed in service (prorated for partial months). C.If there is a delay in placing the new vehicles in service, additional grant funds, not to exceed a total expenditure of $360,000 in 2024, may be applied to vehicle downpayment or enhancements, including but not limited to on- demand service, online tracking application, etc. Service Hours Service hours for 2024 shall be at the rate of $80.62, for an amount not to exceed $59,036. In subsequent years, service hours shall be at the following rates: January 1, 2025 – December 31, 2025 $80.79 per revenue service hour, not to exceed $236,631 January 1, 2026 – December 31, 2026 $83.23 per revenue service hour, not to exceed $243,766 The rates above do not include costs for professional liability insurance as the parties have agreed to remove this requirement from this contract. For purpose of this contract, revenue service hours shall be calculated at the first shuttle pick-up location to the departure from the last shuttle drop-off location. For the purpose of this contract, shuttle operations will be: Monday – Friday, 5:30 am – 6:30 am, 6:30 pm – 9:00 pm and Saturday 10:00 am – 9:00 pm with the total hours for 2024 estimated at 732 if implemented October 1, 2024. Vehicles Contractor shall acquire two new 24-passenger (plus 2-wheelchairs) Starcraft Allstar XL 32’ Transit Buses. City shall pay Contractor $267,300 as a downpayment for the vehicles in accordance with the payment schedule set forth above. Thereafter, the City shall reimburse Contractor $7,151 per month after vehicles are placed into service. This Page 366 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 9 obligation for monthly payments shall continue through December 31, 2026, irrespective of whether Contractor continues to be retained by the City as the operator of the shuttle service. If the Contractor ceases to be the operator prior to December 31, 2026, possession and use of the vehicles will transfer to the City, and the City will continue the monthly payments of $7,151 as noted above. Otherwise, the vehicle ownership will transfer to the City on or about December 31, 2026. The vehicles will be in good condition whenever they are transferred to the City’s possession or ownership. Contractor will wrap the new vehicles with City-approved vinyl graphics prior to putting them into service. Contractor will continue to provide a spare bus at no additional cost to the City for emergency, temporary replacement in the event either of the two primary vehicles are unavailable. 10.SCHEDULE AND PERFORMANCE MILESTONES All service and enhancements outlined above will be completed to the satisfaction of the City. The following schedule is tentative and conditioned upon supply chain, execution of contract, etc. August/September 2024: Contractor orders vehicles September/October 2024: Receipt of vehicles and wrapping of vehicles October/November 2024: Implement new service and vehicles 11.ACCEPTANCE AND TESTING PROCEDURES N/A 12.LOCATION OF WORK FACILITIES N/A IN WITNESS WHEREOF, pursuant and in accordance with the Contract for Services between the parties hereto dated ________________, the parties have executed this Statement of Work as of this _______________________. Page 367 of 520 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org CFS-24-165 10 CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ MV TRANSPORTATION, INC. By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 368 of 520 MV Transportation, Inc. is a federal contractor or subcontractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60; 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 and/or 60-300; and 29 CFR Part 471, Appendix A. MV is an Equal Employment Opportunity/Affirmative Action Employer. Submitted To: City of Englewood Nancy Fenton Department Administrator, Community Development Department City of Englewood Community Development Department 1000 Englewood Parkway, Englewood, CO 80110 nfenton@englewoodco.gov 303-762-2347 Submitted By: MV Transportation, Inc. 2711 N. Haskell Avenue Suite 1500 LB-2 Dallas, TX 75204 (972) 391-4600 wwm.mvtransit.com City of Englewood Request For Proposals to Provide Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado RFP #23-040 EXHIBIT C Page 369 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com ii Confidentiality Statement As a privately-held company, many aspects of MV's business is considered confidential. The proposal contained herein offers details regarding our proposed operating plan for the City of Englewood and includes operating procedures, management candidates, and innovative approaches that our Board of Directors considers Confidential and/or Trade Secrets. For ease of the City's review, MV: • Indicates those sections of our proposal narrative considered either confidential or a trade secret using footnotes; • Includes confidential attachments in this proposal response; these are marked "confidential" in the margins of each document; • Considers its pricing information confidential and has therefore indicated so in the margin of each price page; and, • Has enclosed a single copy of its Audited Financial Statements separately in a sealed envelope along with the original proposal. Page 370 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com iii Table of Contents Confidentiality Statement ......................................................................................................................................... ii Table of Contents ....................................................................................................................................................... iii Transmittal Letter ....................................................................................................................................................... v Part 1 - Executive Summary .................................................................................................................................... 1 Part 2 - Qualification, Experience and Capabilities ........................................................................................ 6 2.1. Qualifications, Experience, and Capabilities ................................................................. 6 2.1.a. About MV Transportation ............................................................................................. 6 2.1.b. Organizational Charts ................................................................................................... 6 2.1.c. Roles, Responsibilities, and Availability of Key Personnel ........................................ 7 2.1.d. Subcontractors and Their Roles and Responsibilities ............................................... 8 2.2. Proposer’s Experience ...................................................................................................... 9 2.3. Key Personnel Experience .............................................................................................. 12 Part 3 - Scope Understanding, Approach, and Anticipated Schedule .................................................... 14 3.1. Approach for Managing and Delivering the Scope of Services ................................ 14 3.1.a. Legal and Regulatory Requirements ......................................................................... 15 3.1.b. Vehicles and Equipment ............................................................................................ 16 3.1.c. Vehicle Maintenance .................................................................................................. 16 3.1.d. Personnel ..................................................................................................................... 21 3.1.e. Contractor’s Project Manager .................................................................................... 24 3.1.f. Vehicle Operators ........................................................................................................... 24 3.1.g. Vehicle Dispatching .................................................................................................... 27 3.1.h. Record Keeping/Fare Collection ............................................................................... 28 3.1.i. Vehicle Deployment ....................................................................................................... 28 3.1.j. Safety Program ............................................................................................................ 28 3.1.k. Accident, Emergency, and Incident Procedures ...................................................... 30 3.1.l. Operations and Maintenance Facility ....................................................................... 31 3.1.m. Indemnification............................................................................................................ 31 3.1.n. Insurance ...................................................................................................................... 31 Page 371 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com iv 3.1.o. Records and Reporting ............................................................................................... 31 3.1.p. Performance Standards .............................................................................................. 31 3.1.q. Advisory Services ........................................................................................................ 32 3.2. Additional Issues and Proposed Strategies for Meeting the Baseline Scope of Services ..................................................................................................................................... 33 3.3. Additional Issues and Proposed Strategies for Meeting the Additional Alternatives 33 3.3.a. Alternative A – Adding Saturday Service .................................................................. 33 3.3.b. Alternative B – Extending Weekday Service ............................................................ 34 3.3.c. Alternative C – Reducing Wait Times ........................................................................ 34 3.3.d. Alternative D – Possible Fixed-Route Expansions .................................................... 35 3.3.e. Alternative E – Adding Potential On-Demand Capacity ......................................... 36 Part 4 - Pricing Proposal .......................................................................................................................................... 1 4.1. Pricing for Baseline Level of Services ............................................................................. 1 4.2. Cost and Operational Information for Additional Services .......................................... 1 4.2.a. Alternative A: Saturday Service .................................................................................. 1 4.2.b. Alternative B: Extending Weekday Service ............................................................... 2 4.2.c. Alternative C: Reducing Baseline Service Wait Times to 15 minutes or less ........ 2 4.2.d. Alternative D: Additional Cost for Up to Three Fixed Route Extensions ............... 3 4.2.e. Alternative E: Adding Some On-Demand Capacity ................................................. 3 4.2.f. Optional Service Enhancement: Operations Performance Dashboard and “Where’s My Bus?” ....................................................................................................................... 4 Appendix A – Key Personnel Resumes ............................................................................................................... 1 Appendix B .....................................................................................................................................................................2 Page 372 of 520 TRANSMITTAL LETTER Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado TR A N S M I T T A L L E T T E R Page 373 of 520 750 MASON STREET | SUITE 105 | VACAVILLE, CA 95688 Transmittal Letter November 30, 2023 Trudi Peepgrass Procurement Supervisor Finance Department City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Re: RFP to Provide Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado, RFP No. 23-040 Dear Trudi Peepgrass: MV Transportation, Inc. and all subsidiaries, joint ventures, partnerships, and affiliates (or MV) greatly appreciate the opportunity to submit its proposal in response to the City of Englewood's Request for Proposal Number 23-040 for the Operations, Maintenance, and Support Services for the Englewood Trolley. We are proud of our history of passenger transportation and, specifically, our long partnership serving the City of Englewood since 2009. MV has a record of excellence with the Englewood Trolley. In the past year, we have received only one (1) complaint, have maintained an impressive 99 percent completion rate for all trips, and have performed all preventive maintenance of trolley vehicles on-time. . MV is consistently seeking to improve the performance of our operations, and we are offering a customized solution for the City that will allow us to continue to offer high-quality, reliable, and safe service delivered by qualified and professional people We are excited by the several service enhancement options the City is considering and are committed to working closely with the City to advise and flexibly implement the chosen strategy. Our approach is to work as a close partner with the City, offering our professional advice on service options and technology enhancements, including zero emission strategy and potential on-demand services. We are confident that our proposed functional approach offers the best value for the City of Englewood and the approach most suited to the City's and the passengers' specific needs. As required, MV's proposed operating plan is contained herein. This plan is built on our promise to our customers, our passengers, and our employees: Page 374 of 520 750 MASON STREET | SUITE 105 | VACAVILLE, CA 95688 We always place the safety and security of our passengers, our employees, and our communities above all else. We work collaboratively within our workplace, business partnerships, and community to improve quality of life. We strive to pursue new ideas to bring value to our customers. MV welcomes the opportunity to discuss contract terms and conditions with the City upon contract award. We have provided a brief description of items for discussion in Appendix B-9 to this proposal. Additionally, MV acknowledges receipt of the Addenda: • Addendum #1, dated November 14, 2023 I am your primary contact for this procurement and am authorized to make representations for MV Transportation, Inc., including all its subsidiaries, joint ventures, partnerships, and affiliates (the bidding entity). The Contracting Party will continue to be MV Public Transportation, Inc. if awarded the contract. Following this letter, we have included proof of our good standing in the State of Colorado. You can reach me at (480) 201-5236 or peter.greenberg@mvtransit.com. Additionally, Joe Escobedo, senior vice president, will be your secondary contact; you can contact Joe at (623) 340 3209 or joe.escobedo@mvtransit.com. Please direct all correspondence related to this and all future procurements to MV's bid office at 750 Mason Street, Suite 105, Vacaville, CA 95688. I appreciate your consideration; I encourage you to select MV Transportation to continue as your partner to provide the Englewood Trolley. We look forward to working with you throughout this procurement. Sincerely, Peter Greenberg Vice President, Business Development Page 375 of 520 CERTIFICATE OF GOOD STANDING WITH THE STATE OF COLORADO Page 376 of 520 Page 377 of 520 PART 1 EXECUTIVE SUMMARY Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado PA R T 1 E X E C U T I V E SU M M A R Y Page 378 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Part 1 - Executive Summary The City of Englewood, located immediately south of Denver, is a community where the residents benefit from being well-positioned on major transportation corridors and near one of the best medical systems in the Denver region. The fare-free trolley system that travels through Englewood has 19 stops that connect the City Center with the RTD Rail station in the west and Craig Hospital and the Swedish Medical Center Wellness District in the east. The City seeks a partner through this procurement to support its desire to grow and improve the system. MV is the right partner today and tomorrow. MV has partnered with the City to provide these services since 2009. In 2023, the City worked to gain grant funding from the RTD and other sources to increase the City's ability to expand and improve the Englewood Trolley services. During this process, the City defined the current service and explored the design of new options that would provide the following potential benefits: • Saturday service would provide additional convenience for all riders, including visitors from surrounding areas. • Extending service hours during the week will provide Englewood residents with greater transportation options for longer work shifts in the Wellness District and outside Englewood in the metro area. Extending hours also supports the growth of the downtown Englewood area shops and restaurants. • Adding a third peak vehicle to the route would decrease the time passengers would have to wait for their vehicle and provide flexibility for Englewood residents and staff in the Wellness District to use the service for shorter trips. • Expansion of the fixed route service area will support the addition of new residential areas as well as other CIty projects. • Adding on-demand capacity could increase ridership and drive innovation throughout the community, leading to a flexible on-demand component similar to other nearby communities in the Denver region. As your long-standing partner for the operation of these services, we understand that the City desires to improve the perception of the Trolley, increasing ridership and vehicle utilization. Page 379 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 We also know that offering equitable transportation solutions to all residents and providing safe and efficient access to medical services and jobs for those who do not own automobiles will improve the overall quality of life for many residents of the area. Our Team knows the Englewood Trolley. For over 14 years, MV has provided a strong management team to support the City's goals. Our team has been committed to the reliability and success of the Englewood Trolley. Throughout the COVID-19 pandemic, we demonstrated our commitment to serving the community. The City is looking for an innovative and collaborative partner. As part of our proposal, we offer the expertise of our current local management team and support from Regional Vice President Aaron Edwards. He has committed to at least twice-yearly Business Review visits to meet with the City to ensure that we meet the City's needs and successfully implement any recommended changes. During these meetings, Aaron will review our compliance with the performance standards of the contract and will discuss upcoming advances in technology and best practices that can provide enhanced services for the Englewood Trolley passengers. MV has a robust team of professional services transportation experts who can provide consultation on various topics, such as options for implementing on-demand services. We look forward to partnering with the City to develop further and implement its municipal zero- emission strategy (possibly, but not exclusively, including the Englewood Trolley fleet). The members of our management team are highlighted in the table below: Management Team Member Experience and Qualifications Regional Vice President Aaron Edwards Aaron Edwards is MV's regional leader for the City of Englewood Trolley operation. Aaron has over 20 years of experience in transportation management and currently supports MV's operations in the northwest and Colorado. His extensive experience in on-demand and microtransit operations is invaluable to our operations in his region. Aaron supports MV's local management team and will provide oversight and consultation as needed throughout the contract term. General Manager Richard Foster Richard (Rick) Foster is MV's general manager for the Englewood Trolley service. Rick has been an operational leader for MV's Denver operations since 2018 and has had operational responsibility for the Englewood Trolley beginning in 2022. A Colorado native, Rick brings a thorough understanding of the needs of the City as well as a dedication to the success and growth of the system. Administrative and Operations Supervisor Crystal Threlkel Crystal Threlkel has been the administrative and operations supervisor for the Englewood Trolley operations since 2018. She directly cooperates with Rick Foster to ensure that the Englewood Trolley consistently operates to the City's expectations. Rick acknowledges Crystal as his "right hand," and she will continue to bring her expertise and dedication to customer service to the new contract term. Page 380 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 3 Management Team Member Experience and Qualifications Operations Supervisor Roy Goleman Roy Goleman has been a part of MV's Denver operations team since 2003, when he started as a vehicle operator, transporting seniors and individuals with disabilities to their important destinations throughout the Denver area. Roy was promoted to an operations specialist role at this location in 2015. At the end of 2022, Roy was promoted to operations supervisor. In this role, he supports the Englewood Trolley service by monitoring daily routes, assigning operators to vehicles, and supporting operational activities to provide reliable service. Safety and Training Supervisor Nathan West Nathan West has been a team member in our Denver location since 2016. He served six years as a field supervisor for our operations with the RTD and was recently promoted to Safety and Training Supervisor for the whole Denver operation. In this role, Nathan supports the Englewood Trolley operations with all safety and training activities and all hiring and onboarding new employees. Shop Foreman Dylan Sexton Shop Foreman Dylan Sexton has worked as a technician at our Denver location for the past 18 months and has recently been promoted to shop foreman. Dylan has experience with the current vehicles and has been involved in selecting new vehicles to support the Englewood Trolley. He takes pride in his work and will ensure that the Englewood Trolley vehicles are always in safe and reliable operating condition. In addition to the tenure and experience of our local management team, we also rely upon the longevity of our senior operators who provide the Englewood Trolley service, including Rolando DeSouza, who has been an operator for the past ten years, and Chris Harper and Horace Hinds who have each been operators for six years. MV has a history of excellence and a plan for the future. Throughout our contract with the City, MV has provided excellent service for the Englewood Trolley. While ridership declined during the COVID-19 period and has not yet reached the pre-COVID levels, we are excited to assist the City in improving operations and increasing ridership. Within the last year, we have had only one (1) passenger complaint. We have maintained a 99 percent completion rate for all trips, no service disruptions due to roadcalls in the past two years, and our preventive maintenance inspections have been 100 percent on time. MV is consistently seeking to improve the performance of our operations, and we are offering the following innovative options for the City to enhance our performance as well as our reporting: • New Fleet: MV proposes a new fleet of vehicles to operate the Englewood services. The 2024 Starcraft Allstar XL 32' Transit Bus is an excellent option for this service, with a maximum of 30 seated passengers or 28 passengers and one wheelchair position, or 24 seated passengers with two wheelchair positions. As required in the RFP, our proposal includes vehicle provision and the cost of branding these buses with a full vinyl wrap and outfitting the buses with bicycle racks. Page 381 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 4 • DriveCam and Mobileye Technology: MV proposes the latest DriveCam technology and Mobileye devices for every Englewood Trolley vehicle. DriveCam technology supports our Destination Zero safety philosophy by providing nearly real-time documentation of unsafe behaviors with its triggered-event recordings. In combination with DriveCam, MV will also provide Mobileye technology for the new fleet. Mobileye detects impending forward collisions, the presence of pedestrians or cyclists, lane departures, and other potentially dangerous conditions and alerts the operator of the potential hazards to prevent accidents before they happen. • TripShot CAD/AVL: For the Englewood Trolley service, MV proposes adding TripShot CAD/AVL premium service to the vehicles used for this operation as a recommended option. While this option is not included in our price proposal, we have provided pricing for this software in Section 4.2 of our proposal. This system will significantly improve the ability to provide accurate and reliable service monitoring and performance reporting. Of more significant impact to the riders, it also includes a passenger-facing application that allows riders to check the “Where’s my bus?” status of their Trolley on their smartphone Furthermore, TripShot would be MV’s recommended technology if the City were to decide to introduce an on-demand component to these services (an upgrade to the optional TripShot technology would be required to add this functionality). • On-Demand Transportation: MV has worked with many of our clients nationwide to find the right on- demand solutions for their operations. These include microtransit, flag stop, flex route, and route deviation services. In our proposal, MV has provided several options to the City for developing the new on-demand services as requested by the RFP. Our Professional Services team, including Dr. Ya Wang, are prepared to work with the City in developing the right on-demand service model for the City. Support for On-Demand Transportation Planning MV has recently included Dr. Ya Wang on our Professional Services team to assist our clients in transit planning, demand-responsive transit operation and planning, data analysis/visualization, compliance, and quality assurance. Ya has experience leading dozens of projects in transit planning, operation and data analytics. She has both technical and managerial experience from both public and private sectors and in both operation and planning. As a technical leader among her colleagues, she is highly detail - oriented and a very quali fied member of our team. Page 382 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 5 MV can provide support for the City’s Zero-Emissions goals. MV has studied the City of Englewood’s Electric Vehicle Action Plan. MV has a robust group of professionals with extensive ZEV and transit industry experience within its Professional Services team, including Director of ZE Strategy Jennifer Partlow and Director of ZE Engineering Andres De Los Rios. As the operator of over 150 zero-emission buses, MV also brings a thorough understanding of the enhanced training and operational knowledge required to use electric vehicles effectively. Andres De Los Rios has extensive operational experience with electric, hydrogen fuel cell, and hybrid vehicles. He understands the specific needs of zero-emissions vehicles and how to ensure that our operations remain reliable and efficient. MV’s qualifications in support of ZE initiatives are unmatched in the industry. For the new contract term, MV is offering consulting services and hopes to work directly with the City’s Sustainability Coordinator and others the City may designate to develop a scope of services where we might be most helpful to assist the City in achieving its Zero Emissions goals. MV will be a flexible partner now and in the future. As we look toward the future, we remain confident that a continuing partnership between MV and the City of Englewood is the best choice for the Englewood Trolley service. As your partner over the last 14 years, MV has proven we are committed to meeting your needs. We have worked with you to ensure the services operated reliably during the COVID-19 pandemic. Throughout our proposal, we have provided information on the solutions we will provide in the new contract term, including new vehicles and technology. We will dedicate our local management team to these operations and our regional support and professional services team to provide consultative support to the Englewood Trolley and its ridership. MV looks forward to a bright future in Englewood and the continued growth and success of the trolley system. Page 383 of 520 PART 2 QUALIFICATIONS, EXPERIENCE, AND CAPABILITIES Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado PA R T 2 Q U A L I F I C A T I O N S , EX P E R I E N C E , A N D CA P A B I L I T I E S Page 384 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 6 Part 2 - Qualification, Experience and Capabilities 2.1. Qualifications, Experience, and Capabilities 2.1.a. About MV Transportation MV Transportation, Inc. is one of North America’s leading passenger transportation contractors, with a substantial presence of more than 140 operating contracts throughout the United States. American- and privately-owned, we operate as a contractor to our public and private sector partners and are responsible for turnkey management, operations, and maintenance functions. Our presence in the market is notable in that MV’s growth within the industry has been all organic and not the result of acquisitions or mergers. Culturally, we are aligned with the service philosophy of our founders, which recognizes that satisfied employees deliver excellent service and our passengers’ experiences are our number one focus. Organizationally, we commit to this culture by accelerating new ideas, innovative approaches, and optimized operations that save employees’ time and can instead be dedicated to the passenger experience. 2.1.b. Organizational Charts Regional Team The organizational chart below shows our regional and corporate support team. We have included descriptions of our corporate support team in Appendix B-1 to this proposal. Board of Directors Harry Wilson Interim CEO and Executive Director Jarrett Andrews Chief Human Resources Officer Cristina Pereira Sr. Director of Human Resources Tommy Bossaller Director of Labor Relations Ted Navitskas General Counsel Nicole Thunich VP of Safety and Training Andrew Higuera Director of Safety Kevin Klika President/Chief Operating Officer Aaron Edwards Regional Vice President Richard Foster General Manager Jim Haring Chief Information Officer Stephanie Doughty Vice President of Professional Services James Schultzman Chief Maintenance Officer Ben Vivas Director of Maintenance Jamie Pierson Chief Financial Officer Tyler Minert Director of Finance Scott Sosnowski Chief Sales Officer Joe Escobedo SVP, Business Development Peter Greenberg VP, Business Development Gary Coles SVP, Strategic Sales Page 385 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 7 Local Team General Manager Rick Foster leads our local team for the Englewood Trolley operations. Rick manages all of the operations at our Denver, Colorado division and is joined by a group of transit professionals who direct the division's operations, safety and training, and maintenance activities. The vehicle operators for this service, including Rolando DeSouza, Chris Harper, and Horace Hinds, are all dedicated exclusively to the Englewood Trolley service. The other team members noted in the organizational chart below are shared resources for the Denver location. 2.1.c. Roles, Responsibilities, and Availability of Key Personnel Our management team, depicted above in the organizational chart, oversees this contract now and into the future contract term. These individuals are currently in these roles and are Richard Foster General Manager Roy Goleman Operations Supervisor Vehicle Operators 4 FT Crystal Threlkel Administrative and Operations Supervisor Nathan West Safety & Training Manager Dylan Sexton Shop Foreman C-Level Technician 1 FT Utility Workers 1 FT Employee Spotlight: Christopher Harper, Operator Chris Harper is one of the Englewood Trolley Operators who has been a part of the MV family since 2010. He has operated the Englewood Trolley for the past six years. Chris will always go above and beyond to get the job done! He has an excellent attendance record, and passengers often note his willingness to help. He is often the first to volunteer to take on extra shifts, and he is a true asset to the Englewood Trolley and MV. Page 386 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 8 proposed to continue work on this contract immediately. These individuals are dedicated full- time to our Denver operations and will be available to the City as needed to manage these services. The table below outlines each role for this contract: Management Team Member Description of Responsibilities General Manager Richard (Rick) Foster • Accountable for the overall success of the Englewood Trolley service. • Serve as the daily operational liaison between MV and the City of Englewood. • Oversee all functional service areas, including safety and training, live day operations, fleet and facility maintenance, community relations, and accounting and finance. • Ensure adherence to MV and City policies and compliance with the contract. • Seek innovation opportunities, including new service delivery approaches, technologies, and quality assurance techniques. Operations Supervisor Roy Goleman • Responsible for the quality of daily service in compliance with City and MV policies and procedures. • Ensures that service meets City and passenger expectations. • Performs road supervision and evaluation of operational activities. Administrative and Operations Supervisor Crystal Threlkel • Responsible for day-to-day supervision of operations and monitoring of operators. • Performs daily dispatch of operators, assigns vehicles, and ensures readiness for duty. • Manages payroll, benefits, and reporting for all Englewood employees. Safety and Training Manager Nathan West • Responsible for all safety and training efforts for the Englewood Trolley. • Performs on-road observations of operators as well as road supervisor duties and accident investigation. Shop Foreman Dylan Sexton • Accountable for the condition of the Englewood Trolley fleet. • Manages all preventive and routine maintenance of vehicles to ensure compliance with Original Equipment Manufacturer (OEM) specifications. • Manages technicians and utility workers to support maintenance, cleaning, and fueling activities. 2.1.d. Subcontractors and Their Roles and Responsibilities We do not anticipate utilizing the services of any subcontractors for this operation. Page 387 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 9 2.2. Proposer’s Experience MV’s Nationwide Qualifications MV’s operations span multiple modes of ground transportation, including local fixed route, express service, commuter service, microtransit, same-day on-demand services, traditional ADA paratransit, general public dial-a-ride, autonomous shuttles, route deviation, school bus, and shuttle (both fixed and on-demand). In addition to our operations, our dedicated Professional Services team serves our public and private customers in non-operational yet critical ways. Their comprehensive scope includes microtransit system design, system planning and runcutting, zero emissions support, and IT transitions. This team continually lives on the cutting edge of industry best practices and evaluates potential partnerships in the broader transit space. MV’s History MV has been in business for 48 years, and our original founders are still the majority owners of the company and are involved in directing the company. Over time, our owners grew their business from their outstanding reputation for public service. Today, the company proudly operates services of several modes within 26 U.S. states and one Canadian province. MV’s History with the City of Englewood MV has been partners with the City of Englewood since 2009. During this time, we have supported the City in its efforts to expand the services for the Englewood community. Before the COVID-19 pandemic, the Englewood Trolley had reached unprecedented levels of ridership. During the pandemic, MV worked with the City to ensure that services continued to operate efficiently and safely, with a focus on public health and welfare. As the current operator of these services, we understand the Englewood Trolley and how bright the future could be. We are members of this community and know that the Wellness District staff needs a service that runs longer hours to accommodate the shifts at the hospitals. We also know that new residential and other developments would benefit from additional service to take them to the RTD light rail line, the city center, and the Wellness District. We want to continue to be a part of the growth of this community. MV at a Glance – 2023 Transportation Contracts 144 Maintenance Shops 117 Buses Operated 8,969 Miles Driven 154 million Page 388 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 10 Our management team has an average tenure of 4.5 years with the Englewood Trolley. They understand not only the service and its needs but also the needs of the City and the community. References Below, we have provided references for our most relevant contracts: Reference 1: University of Denver1 Service Title and Contract Number: University of Denver – Shuttle Bus Service, Contract #271201 Key Personnel: MV Transportation, General Manager Richard Foster Client Contact: Megan Vaughn, (303) 871-2369, megan.enloe@du.edu Period of Performance: October 1, 2019 – June 30, 2024 Contract Value (Annual and Total): Annual Contract Value: $551,681 Total Contract Value: $2,300,000 Summary of Services: This is a university shuttle system. MV operates a fixed route operation during peak hours and microtransit/on-demand service during non-peak hours. Project Performance: MV consistently meets performance standards set by the University. We are currently operating at 99 percent on-time performance. Major Issues or Challenges: MV has not faced any major issues or challenges with this contract. Reference 2: City of Black Hawk 2 Service Title and Contract Number: Black Hawk Tramway Service, Contract #1320102 Key Personnel: MV Transportation, General Manager Richard Foster Client Contact: Tom Isbester, (303) 582-1324, tisbester@cityofblackhawk.org Period of Performance: January 1, 2016 – December 31, 2024 Contract Value (Annual and Total): Annual Contract Value: $400,814 1 The information in this table should be held CONFIDENTIAL. 2 The information in this table should be held CONFIDENTIAL. Page 389 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 11 Reference 2: City of Black Hawk 2 Total Contract Value: $2,581,800 Summary of Services: This is a fixed route service in the City of Black Hawk, Colorado. This operation serves major tourist attractions, hotels, and casinos in the area. Project Performance: MV consistently meets performance standards set by the City. Major Issues or Challenges: MV has not faced any major issues or challenges with this contract. Reference 3: Sedona Transit Trailhead Shuttle 3 Service Title and Contract Number: Trailhead Shuttle & Microtransit Services, Contract #53601 Key Personnel: MV Transportation, General Manager Joshua Gutierrez Client Contact: Robert Weber, (928) 203-5086, rweber@sedonaaz.gov Period of Performance: March 1, 2022, - February 28, 2027 Contract Value (Annual and Total): Annual Contract Value: $1,403,471 Total Contract Value: $7,017,355 Summary of Services: This is a multi-modal operation providing shuttle and microtransit services. MV is the original operator of this service, providing transportation from hotels and other locations to hiking trailheads in the Sedona region. Project Performance: Sedona Shuttle currently maintains over 90% on-time performance metric. Additionally, a General Services Agreement was entered into on November 2023 for additional services that MV is completing, including distribution of marketing materials. Major Issues or Challenges: Due to the remote location, small population, and competing tourist-related transportation services, maintaining adequate staffing levels to provide the service can be complex. The microtransit service associated with this contract will begin in Summer 2024. MV is prepared for this and will increase staff to ensure the service is reliable and safely operated. MV’s General Manager, Joshua Guttierez, has ensured that we have met each challenge directly and have been able to implement successful solutions. 3 The information in this table should be held CONFIDENTIAL. Page 390 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 12 2.3. Key Personnel Experience As the incumbent operator of these services, our management team has been a part of this service and this community for many years. Below, we have provided brief biographical descriptions of our management team. General Manager Richard (Rick) Foster Rick Foster is our proposed general manager for the Englewood Trolley. Rick has been a part of the MV team at our Denver division since 2018 when he joined our team as Operations Manager. In 2023, Rick was promoted to general manager and manages the daily operations for Regis Jesuit High School, Denver University, Colorado University – Anschutz Campus, City of Black Hawk, and City of Englewood services. In this role, he manages the local team to ensure our clients and passengers receive the best service. He also oversees all maintenance, safety, and administrative departments. Prior to joining MV, Rick was a retail sales agent for Dollar, Thrifty, and Hertz Rental Car Group for ten years. While working in this role, Rick exceeded monthly sales performance standards and provided excellent customer service. He also was a realtor with Cherry Creek Properties in Littleton from 2015 to 2016. Rick is certified as a reasonable suspicion trainer and received an appreciation award for exceptional service in 2021. Operations Supervisor Roy Goleman Roy Goleman is our proposed operations supervisor for the Englewood Trolley service. Roy has been a member of the MV team in Denver since 2003, when he started as a paratransit operator. Roy worked in this role for 14 years, transporting seniors and people with disabilities to appointments, daycare, and work programs. In 2015, Roy was promoted to operations specialist, where he oversaw operators to ensure that they were assigned to the correct routes and performed check-in and check-out activities. In late 2022, Roy became an operations supervisor for the Englewood Trolley services and other services operated out of our current Denver facility. He monitors routes and handles customer complaints and concerns. A veteran of the United States Army, Roy places the care of his passengers as his first priority. He is a valued member of the MV Team. Page 391 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 13 Operations and Administrative Supervisor Crystal Threlkel Our proposed operations and administrative supervisor is Crystal Threlkel. Crystal has been an integral member of our team for the Englewood Trolley since 2018. As the operations and administrative supervisor, she is responsible for all payroll, reporting, scheduling, and special events. Before taking this role, Crystal served first as a paratransit vehicle operator for the RTD and then as a Flex-Ride operator. In 2019, she was promoted to her current role. She has extensive experience with this system and understands the unique needs of the passengers and the City. Crystal has had exposure to several different technologies during her time with MV and brings expertise in TripShot, Synchromatics, T-EAM, Lawson, and Infor software platforms. Safety and Training Manager Nathan West Nathan West is MV’s proposed safety and training manager for the City of Englewood Trolley. He has been a part of MV’s Denver division for seven years. In 2016, Nathan started as a road supervisor. In this role, he performed on-road observations of operators, completed accident and incident investigations, and monitored the services of several operations daily. In 2023, Nathan was promoted to Safety and Training Manager for this division. He is currently responsible for all safety initiatives, leadership of the safety committee locally, and training activities. Before joining MV, Nathan spent more than six years as a site manager for Ricoh Americas Corporation and four years as a Telecommunications Services supervisor for MasTec. He holds a bachelor’s degree in Business Management and Human Resources from DeVry University. Shop Foreman Dylan Sexton MV’s proposed shop foreman is Dylan Sexton. Dylan has been the foreman for the shop at our Denver division since July of this year. Before his promotion to the leader of this shop, he worked as a technician in this shop, providing maintenance for the City of Englewood fleet. He has extensive experience with the maintenance of these vehicles. He has also proven himself to be a leader within the shop in the scheduling and monitoring of routine and preventive maintenance, as well as the supervision and training of technicians and utility personnel. Resumes Please refer to Appendix A for MV’s Key Personnel Resumes. Page 392 of 520 PART 3 SCOPE UNDERSTANDING, APPROACH, AND ANTICIPATED SCHEDULE Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado PA R T 3 S C O P E UN D E R S T A N D I N G , AP P R O A C H , A N D AN T I C I P A T E D S C H E D U L E Page 393 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 14 Part 3 - Scope Understanding, Approach, and Anticipated Schedule 3.1. Approach for Managing and Delivering the Scope of Services MV has operated the Englewood Trolley services since 2009. We have been collaborative partners with the City. We are excited about this new contract term and the opportunities to be flexible in providing a variety of alternatives for the City. We have included a response to each element of the Scope of Work outlined in the RFP on the following pages. Our solution for the City consists of the following key features, which we believe set us apart from our competitors: • Nearby Facility: MV’s facility, located at 80 Raritan Street in Denver, CO, is approximately 15 minutes from the Englewood service area. This location allows us to respond quickly and effectively to on-route issues and limits the deadhead miles on our vehicles. This location will enable us to scale our services to meet the community’s needs. • New Vehicles: For the new contract term, MV will provide a fleet of reliable new vehicles. We are proposing Starcraft AllStar vehicles with seating as many as 30 passengers. • Experienced Management Team: Our management team has an average tenure of 4.5 years serving the Englewood Trolley. These seasoned professionals know the system and understand its needs now and in the future. • New Technology: MV knows that the City wishes to improve the overall perception of the Englewood Trolley system and provide more comprehensive services for the City's citizens and visitors. We are proposing an option for adding TripShot technology, which will offer passengers a mobile application to track their bus. This system would also provide MV and the City with service monitoring and reporting options that are not currently available. • Support for Electrification: We understand that the City is interested in the potential electrification of the municipal fleet and the Englewood Trolley in the coming years. MV has more experience than any other transit operator in the country with the design, implementation, and maintenance of electric and alternative fuel vehicles. Our Professional Services team looks forward to working closely with the City to identify how MV can help the City along the best possible path to electrification. Page 394 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 15 3.1.a. Legal and Regulatory Requirements Drug and Alcohol Testing MV has a Zero Tolerance Drug and Alcohol Policy and Substance Abuse Program complying with FTA and DOT compliance standards. The Policy MV’s Drug and Alcohol Policy comprises the following four activities: • Take appropriate action to ensure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; • Foster and maintain a drug and alcohol-free environment for all employees and patrons; • Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; • Encourage employees to voluntarily seek professional assistance whenever personal problems, including alcohol or drug use, may adversely affect their ability to perform their assigned duties. The Program Every MV employee is subject to four drug and alcohol screening types: pre-employment, random, post-accident, and reasonable suspicion, according to their employment category (safety-sensitive versus not safety-sensitive). Please note that under MV’s Zero Tolerance Drug and Alcohol Testing Program, a positive screen or refusal to be tested under these conditions results in termination of employment. We recognize the importance of remaining compliant and up-to-date with all regulatory program changes. MV’s Drug and Alcohol Program aligns with the US DOT revisions to 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing, and reflects all current changes. ADA Compliance ADA compliance is a critical component of MV’s operator training program and ensures that the Company’s operations are ADA-compliant. During training, operators receive an overview of various disabilities defined by the ADA and understand the law’s requirements. Training also includes practical instruction on assisting and securing passengers in mobility devices to ensure their safety and comfort. MV upholds ADA compliance through safety and maintenance programs. Employees must attend a monthly safety meeting as part of MV’s safety awareness efforts. They receive refresher training in safety topics, including assisting passengers with disabilities and the safe securement of mobility devices. Mobility device lifts are cycled and inspected during each Page 395 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 16 pre-trip inspection and thoroughly inspected at each preventive maintenance inspection to ensure the safety of MV’s mobility-disabled passengers. NTD Requirements MV follows the trip sampling methodology and forms pursuant to the guidelines of the NTD Reporting Manual, including FTA Circular 2710-1A. Compliance with FTA uniform accounting standards and NTD reporting systems is key to MV’s U.S. federally funded operations. MV will fully cooperate with the City to collect and report all FTA ridership, operating, safety, and financial information. The information collected and summarized for the City’s NTD reports will be maintained as required. 3.1.b. Vehicles and Equipment MV is proposing the addition of two (2) new vehicles for this service. The specifications for these vehicles are: • 2024 Starcraft AllStar XL 32’ transit bus > 30 seated passengers or − 28 + 1 wheelchair or − 24 + 2 wheelchairs > 2024 Ford F550 XL chassis with 19,500lb. GVWR > 7.3L V8 gasoline engine > 5-speed automatic transmission Additional information about this vehicle may be found in Appendix B-2. These vehicles will be equipped with bike racks as required by the RFP. We have also budgeted for the wrapping of the vehicles with the branded colorful Englewood Trolley design. 3.1.c. Vehicle Maintenance This section serves as MV's maintenance plan for the Englewood Trolley. If the City continues to contract with MV, we base our FTA-compliant annual maintenance plan on this narrative. We will continuously develop this document and review it annually for compliance with new rules, regulations, and laws. We Deliver Superior Leadership Structurally, MV offers the City a supportive organizational approach that delivers best-in- class maintenance operations. Maintenance Foreman Dylan Sexton will lead MV’s maintenance location at a local level, overseeing the entire maintenance shop. He will have Page 396 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 17 the support of a regional and corporate support team comprising industry experts, who together promote a cohesive support mechanism designed to evolve with the industry. Our regional director of maintenance, Ben Vivas, will regularly visit and communicate with our local team to ensure that we meet or exceed City standards. This team comprises the following individuals: • Chief Maintenance Officer Jim Schultzman is our C-level representative for all maintenance operations. • Regional Maintenance Director Ben Vivas is the regional representative for MV’s corporate team. He inspects and audits our maintenance and facility operations and supports location maintenance activities. • Senior Director of Maintenance Kenneth Pouncey holds responsibility for all maintenance mobile resource deployment, data analytics development, and development of best practices. Reporting to Kenny, MV staff: > We dispatch a team of mobile technicians to locations to support on-board equipment installation, de-installation, troubleshooting, and replacement. > A dedicated data analyst charged with analyzing fleet maintenance data, aggregating trend reporting across all MV locations, and delivering visualizations and reports related to known component issues. Jim Schultzman, Chief Maintenance Officer Ben Vivas Regional Maintenance Director Dylan Sexton Local Maintenance Foreman Kenneth Pouncey, Senior Director of Maintenance All Traveling Teams (mobile techs, floaters, special projects mgr.) Loren Moore Maintenance IT Support Humberto Marazzi Director of Workforce Development Andres De Los Rios Director of ZE Engineering Don Penny Director of Facilities Jennifer Partlow Director of ZE Strategy Maintenance Data Analyst KC Champa Maintenance Recruiting Manager Page 397 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 18 • Loren Moore, MV’s Maintenance IT Support, manages all maintenance technologies, is our database administrator, and will support the T-EAM platform. • Andres De Los Rios, Director of Zero Emissions Engineering, works with clients to lead and define strategy across zero-emission products and evaluate them to meet regulations. He will create, test, and modify the components of the zero-emissions fleet to ensure it adheres to all local, state, and policies. Andres will work with the City to educate the local team as necessary, ensuring safety standards are exceeded, including required documentation and inspections. • Jennifer Partlow, Director of Zero Emissions Strategy, works with clients to help define their zero-emission strategy and create a plan to move forward. She is the subject matter expert and assists MV clients with clean transportation questions. Jennifer helps new clients identify new business models best suited for their specific service type. • Humberto Marazzi, MV’s National Maintenance Training Manager, will evaluate the current technician training needs and develop a continuing education plan for this fleet. • Don Penny, Director of Facilities, directs and supports MV’s facility-related activities and strategic plans. He coordinates resources and negotiates with third-party contractors to ensure MV/Client facilities are safe, secure, and efficient. Don assists our clients with tracking all mobilization-related tasks to ensure existing property regulatory needs are met. He works with clients to coordinate inspections and recommend repairs and improvements. Daily and Periodic Maintenance Daily Maintenance and Vehicle Inspections Pre- and post-trip inspections are vital to minimizing service interruptions. The pre-trip inspection is the last line of defense before entering service. It comprises a 12-minute inspection and test of critical operating systems to ensure the vehicle is safe and in working order. The post-trip inspection is a shorter inspection designed to check critical systems' performance after a day of service. Inspection Elements Pre-Trip Inspection Post-Trip Inspection • The condition of tires, wheels, rims, and lug nuts is safe* • Fluid levels (engine and transmission oil, cooling, windshield washer, brake fluid, and power steering) are adequate • Battery terminals are in good condition • Absence of any under-vehicle leaks* • All glass and mirrors are in good condition and without chips or cracks* • Condition of tires, wheels, rims, and lug nuts • Absence of any under-vehicle leaks • All glass and mirrors are in good condition and without chips or cracks • All lights are operational (headlights, clearance lights, and reflectors, turn signals, backup lights, and alarm, emergency flashers) Page 398 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 19 Inspection Elements Pre-Trip Inspection Post-Trip Inspection • All lights are operational (headlights*, clearance lights, and reflectors*, turn signals, backup lights, and alarm, emergency flashers*) • The air conditioner, heating, and defroster/defogger are operational • The vehicle is clean, cushions and seatbelts are secure* • Windshield wipers, washer, radio, horn, and passenger door are all operational* • The registration and insurance are valid, and registration is visible • Brake pedal* and parking brake are operational (airbrakes operate within the minimum and maximum pressure thresholds) • The steering wheel is secure, and the gearshift is tight* • On-board safety kit is stocked and complete (first aid, reflectors, fire extinguishers*, accident packet*, and body fluid kit*) • Lift or ramp is operating in both electronic and manual modes, and it is free from leakage* • Lift interlock is operating properly* • Note items marked with asterisks (*) are re- inspected during walk-around mid-trip inspections, during shift changes, when appropriate. • Air conditioner and heating, and defroster/defogger is operational • The vehicle is clean, cushions and seatbelts are secure • Windshield wipers, washer, radio, horn, and passenger door are all operational • Brakes pedal is operational • The steering wheel is secure, and the gearshift is tight • The fire extinguisher remains fully charged • Accident packet and body fluid kit are present and accessible • Lift or ramp is operating in both electronic and manual modes, and it is free from leakage • Lift interlock is operating properly Defect Repair If the operator detects a safety hazard that prevents the vehicle from entering service, they note the hazard as part of the pre-trip inspection and alerts dispatch, a supervisor, or an on- duty technician. Upon notification, the technician determines if they can rectify the issue quickly or pull the vehicle from service after performing an initial assessment. If the technician must place the vehicle out of service, they will initiate the lock-out tag-out process, and the dispatcher will assign an appropriate standby vehicle to the operator. Fueling, Cleaning, and Repair We strive to fuel, clean, and perform minor repairs during off-peak or evening hours to prepare the maximum number of vehicles for daily pull-out. We use EPA-approved products to disinfect against COVID-19 and other bacteria and viruses. Employees are instructed to clean high-touch areas frequently throughout the day. Page 399 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 20 All vehicles must always be kept clean and free of refuse and debris. Vehicles will be cleaned on-site at our Raritan facility. The following are rules regarding bus cleanliness: • Daily: All vehicles will be swept, and all interior surfaces will be wiped. Windows and mirrors will be cleaned to ensure good visibility. All areas will be disinfected consistent with existing CDC regulations. • Twice Weekly: The interior floor of the vehicle will be wet mopped with detergent/disinfectant. The vehicle exterior will be washed, including wheel rims and hubcaps. • Every Two Weeks: MV will work with a third-party vendor to come to our facility every two weeks to do a thorough exterior cleaning of the Englewood vehicles. • Semi-Annually: The vehicle will receive a detailed cleaning. Unscheduled Repairs MV strives to minimize unscheduled repairs by taking a proactive approach to fleet maintenance. MV has strict policies prohibiting deferred maintenance, and all unscheduled repairs are performed throughout the service day. MV codes unscheduled repairs in T-EAM for ease of analysis and ongoing reporting. MV performs unscheduled repairs under the following circumstances: • When a vehicle fails in-service, MV returns it to the maintenance shop for diagnosis and repair (or mobile technicians repair it in the field). • When an operator reports a defect during a pre- or post-trip inspection, on-site technicians check these defects prior to returning the vehicle to revenue service. • When a lift/ramp failure occurs, we repair any accessible equipment failures promptly. We will maintain available lift-equipped vehicles to ensure we can meet all service levels adequately—no vehicle enters service without a working lift. Planned Component Replacement Planned component replacement is scheduled and minimizes road failures due to known unit failure. When possible, we plan the replacement or rebuilding of a vehicle component based on a periodic schedule. The benefits of this approach include: • A decrease in unscheduled maintenance; • Minimized downtime and lower costs due to planned parts and material procurement; • Lessened the need to inspect and test worn-out components; • The reduced overall cost of overhauls. Page 400 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 21 Preventive Maintenance Program MV's preventive maintenance program supports our goal of scheduling more than 80 percent of all maintenance activities. By remaining proactive in our approach to vehicle care, we minimize reactive repair and service disruptions. Technicians perform preventive inspections and repairs within 500 miles of the required interval (or as contractually required). MV’s maintenance foreman will schedule service during off-peak hours, maximizing fleet availability during the highest service demand. We have provided more detail on our Preventive Maintenance Program in Appendix B-3 to this proposal. Road Calls When a road call occurs, the operator pulls over to a safe location and contacts dispatch. The dispatcher first attempts to help the operator correct the issue using a troubleshooting guide. If they cannot resolve the situation, the dispatcher contacts an on-duty technician and then patches them through to the operator to assess the issue's severity. • If the operator can resolve the issue themselves, the technician remains on the radio and coaches the operator as needed until they resolve the situation. • If the operator requires a replacement vehicle, the technician may deliver the vehicle themself or work with dispatch to send a standby operator to transfer the passengers and resume the route. • If the technician must report to the field to resolve the issue and deliver the vehicle back to the yard, the technician will drive the shop truck to the vehicle's location and repair it at the road call site. • If a tow service is required, the technician works with the dispatcher to coordinate this process. The dispatcher logs each road call, and the assigned technician completes a vehicle breakdown form and includes it in the vehicle file. MV tracks all road calls in T-EAM and calculates miles between road failures to identify trends. 3.1.d. Personnel Compensation We anticipate the following staff for this project: Position Number Salary/Wage Operators 4 FT $25.33 (Average) General Manager 1 (shared) Confidential Page 401 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 22 Position Number Salary/Wage Administrative and Operations Supervisor 1 (shared) $26.65 Operations Supervisor 1 (shared) $27.61 Safety and Training Supervisor 1 (shared) $27.33 Shop Foreman 1 (shared) $40.00 C Technician 1 (shared) $26.41 Utility Workers 1 (shared) $20.50 Bus Operators, Technicians, and Utility Workers are represented by the United Service Workers Union, Local 455. Pursuant to a collective bargaining agreement and Company policy, the following wages and benefits are provided to the employees providing Englewood Trolley service. Operator Wage Scale Operator Seniority Year 1 Year 2 Year 3 Starting $20.53 $21.76 $22.41 1 year $20.87 $22.12 $22.79 2 years $21.32 $22.60 $23.28 3 years $21.69 $22.99 $23.68 4 years $22.18 $23.51 $24.22 5 years $22.46 $23.81 $24.52 6 years $22.98 $24.36 $25.09 7 years $23.40 $24.80 $25.55 8 years $23.94 $25.38 $26.14 9 years $24.41 $25.87 $26.65 10 years $25.43 $26.97 $27.76 13 years $26.78 $28.39 $29.24 15 years $30.61 $32.45 $33.42 Page 402 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 23 Incentives, Prizes, and Competitions In addition to regular wages, bus operators are eligible to receive bonuses to reinforce outstanding attendance and safety performance. This is important in improving morale and rewarding employees for their commitment and success. Bus operators who do not miss any scheduled work days will receive a $50 bonus every two months. Bus operators who perform their duties without accidents receive a monthly bonus of $75. Represented employees also receive the following additional benefits: • Vacation Pay: 40 hours after one year of service, 80 hours after three years of service, 120 hours after ten years of service • Holiday Pay: Six paid holidays per year • Sick Pay: Five paid sick days per year • Medical Benefits, including 75% of premiums paid by the Company • Dental and Vision insurance are available • Life insurance and disability insurance are available • 401(K): Company will match 25% of employee contributions up to 6% of earnings Non-bargained hourly employees receive similar benefits. We strive to instill our safety ethos in our employees using several techniques – daily messaging, scheduled meetings, employee events, and more. We also know the importance of positive reinforcement, team building, and employee recognition in a people service culture. This is why Destination Zero and our SMS require that all MV locations have a promotion program, which typically includes contests, competitions, and awards programs that keep our employees engaged and excited about their jobs. Rick Foster will continue to have the discretion to adjust these events to appeal to the local team; however, our local Safety Committee will lead the overall design of our incentive program. Vehicle Operator’s Manual All MV employees receive a copy of the MV Handbook at the start of their employment. This manual outlines the policies of employment at MV, and covers required content such as attendance policies, HR policies, employment categories, compensation and payroll practices, employee benefits, conduct policies, discipline policies, and safety policies. The Katherine McClary Operator Award All MV locations compete for this national prize that recognizes our finest vehicle operators nationwide. Qualifying operators are evaluated on their safety records, driving records, complaints received, community service, and DriveCam events. We recognize recipients quarterly, annually, regionally, and nationally. National recipients receive a trophy and a monetary prize. Page 403 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 24 At our local operating location, we have established standard operating procedures for this service that comply with City requirements and MV standards. This manual and the many training materials our operators receive can be made available upon request. Training MV has invested significant time and resources in developing training programs for our operators, supervisors, technicians, and managers. Our proprietary operator training program leverages training materials, best practices, and ongoing guidance from USDOT, FTA, TSI, NTI, NHTSA, the Department of Homeland Security, and APTA. It is ELDT compliant. This program, which we refer to as our Operator Excellence Training (OET), reinforces our Destination Zero approach to safety while keeping the trainees engaged, alert, and immersed in learning. Our supervisors, dispatchers, and technicians receive on-the-job training and opportunities for continued learning throughout the year. MV University (MVU) is MV's online learning center. We have created a course library with over 1,000 new course objects: e-courses, interactive videos, micro-learning videos, e-books, slide decks, and accompanying activities. Collectively, this expanded library helps employees take ownership of their careers. With the new resources, employees can review their development plans with their leader and identify the most appropriate courses to help them continue growing. 3.1.e. Contractor’s Project Manager We have provided a description of our local management team in Section 2.3 of this proposal. 3.1.f. Vehicle Operators Operator Hiring Standards MV Transportation, Inc. has an Equal Opportunity Employment (EEO) policy and will not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, disability, national origin, or any other characteristic protected by the law. MV’s recruiting plan unites state-of-the-art technologies with community and ongoing engagement. Together, these three pillars of our recruiting approach support a connected, invested, and enthusiastic workforce. Employee satisfaction is key to delivering customer-focused, professional service. When employees feel confident in their jobs, have the support of their supervisors, and receive outstanding internal customer service, their positive employee experience will drive them to exhibit outstanding customer care in the field. Our recruiting plan considers this impact and is designed to make the employee feel welcomed to the operation from the initial point of recruiting outreach. Page 404 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 25 Each MV employee is recruited for their ability to perform the tasks for which they are being hired but also must focus on the customer or passenger and their impact on the Englewood Trolley services, MV, and the community in the Denver region. MV’s passenger-first approach is critical to ensure our entire team is focused on the rider experience, from clean, safe vehicles to on-time, customer-friendly service. We will adhere to the standards set by the City for all hiring and ensure that our employees meet City and MV standards before they enter our training program. Operator Training Program Design, Approach to Learning, and Guiding Principles Between 2020 and 2021, MV performed an extensive evaluation of commercially available professional operator training programs in the market to determine whether any satisfied the rigorous standards we had set moving forward: • Built upon industry best practices and guidance from industry-leading and regulatory resources • Centered on the core principles of defensive driving • Appropriate and relevant to the health, security, and safety risks faced by operators today • Focused on reducing unsafe behaviors, following Heinrich’s law that for every 300 unsafe acts, there is 1 accident. • Easily customizable to our individual customers’ training needs • Able to be revised quickly and globally to comply with any changing regulations • Flexible in design so that specific modules could be purposed for retraining and refresher sessions Without a clear choice satisfying our requirements, MV opted to make a million-dollar investment in creating, developing, and deploying a new operator training program, Operator Excellence Training, or OET. OET comprises five training settings with accompanying materials designed to progressively move the trainee from behind the desk to behind the wheel. Employee Spotlight: Horace Hinds, Operator Horace Hinds has been an operator for MV since 2005 and has been an Englewood Trolley operator for the past six years. Horace has an excellent safety record with no at-fault accidents in the past two years. He is punctual, with excellent attendance, and has shown his dedication to the service and its passengers time and again. Page 405 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 26 Additional information about our Operator Excellence Training program may be found in Appendix B-4. Customer Service MV’s OET training is comprehensive and covers many topics essential to professional bus operation and public transportation service. In addition to safe driving skills, defensive driving techniques, and on-road operation of a transit vehicle, our training includes education core to becoming a professional operator: • Customer Service: Customer service training is administered through a 4-hour training class titled Platinum Connection Customer Service, or PCCS. PCCS guides trainees to treat others how they would like to be treated. It teaches trainees to make customer- centric, solution-oriented choices focusing on personal responsibility. The training relies heavily on the acronym ACE (Attitude, Choice, and Empathy), encouraging trainees to “Ace the customer experience.” PCSS includes education on interacting with difficult passengers, de-escalation techniques, and communication strategies to mitigate conflict. • Passenger Sensitivity: Besides educating trainees on ADA law and common disabilities, we train all operators to demonstrate passenger sensitivity as a matter of practice. This training includes assisting passengers who use mobility aids, speaking to passengers at eye level, securing passengers in mobility devices, and asking permission before touching a mobility device. • Security Awareness: The role of the professional operator requires heightened awareness and vigilance against public security threats. MV trains our operators in emergency management and emergency response for safety events on the bus (for example, handling vehicle evacuations or bus fires) and detecting security threats in the public. This includes how to respond to threats of violence and how to identify the signs of human trafficking. This training includes proper use of ten codes when communicating with dispatch and interacting with emergency personnel and law enforcement. Video-based, instructor-led, highly interactive Classroom Skills Course and Basic Driving Skills Behind theWheel In-Service Practice Under Supervision Cadet Observing the Bus in Operation Observation Vehicle Orientation and Driver Controls Pre-Driving 28.85hours 4.50hours 31.50hours 36.00hours 15.00hours Page 406 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 27 3.1.g. Vehicle Dispatching Start of the Service Day – Operator Check-in MV’s operations specialists actively manage operator report-to-work times. When an operator has not arrived by their assigned time, the operations specialist will coordinate with an extraboard operator or supervisor to assume that shift. Operators check in at the window and hand the operations specialist their driver’s license and medical card. Operations specialists validate these credentials visually. With credentials verified, the operations specialist gives the operator their vehicle assignments and any notifications or detours. The operations specialist performs fit-for- duty reviews of operators as they check-in. They evaluate the operator’s demeanor, attire, and professional appearance. The operator then departs the dispatch area and reports to their assigned vehicle in the yard. On-Road Operations Fixed Route Service The vehicle operator will follow the route as directed during training. The operators for each vehicle on the route communicate directly using the onboard radio to notify the other vehicle(s) on the route if they are running behind. This may include longer dwell time at stops where a mobility device passenger requires lift deployment. If an operator is running more than 10 minutes late, they will also notify the operations specialist on duty. Generally, the trailing bus will delay its departure from the next stop to ensure even spacing between the buses, thereby maintaining a consistent headway. Should the City choose to implement TripShot as a part of this new contract, MV will install onboard tablets that will include a TripShot application to guide the operator from stop to stop, notifying them of the following departure and arrival times. The mapping feature on this application supports navigating the route and potential detours. Optional CAD/AVL Deployment For the Englewood service, MV is recommending as an option the TripShot Technology platform as our proposed solution for ”wh ere’s my bus” capability, enhanced performance monitoring and dispatch. TripShot provides dispatch dashboards that present service status updates by the route and operator – offering a comprehensive view of how the service is running. This cost -effective system also includes a user-friendly mobile application available to passengers to assist them in obtaining real -time information regarding routes and ETAs. We have recently implemented TripShot at our FLEX Shuttle operation for the City of Leandro, California, and the City of Santa Clarita’s microtransit program. This is also the system used at the DU shuttle service. Should the City be interested in this optional system, MV has provided pricing in Part 4 of this proposal .. Page 407 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 28 Fixed Route Dispatch The operations specialist and operations supervisor monitor trips for schedule adherence, passenger loads, any off-route movement, and known traffic delays. MV has extensive experience with a large variety of CAD/AVL systems, and we are able to bring this expertise to the City in the implementation of the new system. As an option in this proposal, we are proposing the implementation of TripShot CAD/AVL, described below. When a trip is running late, depending on the situation, the operators will communicate and adjust their schedules accordingly to ensure that the space between vehicles remains constant on route. 3.1.h. Record Keeping/Fare Collection MV will continue to record all boardings and report ridership figures to the City monthly accompanying our monthly invoice. Should a fare structure be implemented for these services, or possibly an on-demand service, MV will provide all operators training on the fare structure. MV has experience with a wide variety of fare collection systems, and we can support the City with the selection, deployment, and ongoing maintenance of these systems, including in-app payment, as needed. 3.1.i. Vehicle Deployment Historically, MV’s in-service failures have been minimal for the Englewood service. In the past year, there has only been one road call due to a failing lift. This road call was supported by deploying a spare vehicle, and service was not impacted. The proximity of our facility ensures that we can always provide a backup vehicle within the required 30-minute time frame. 3.1.j. Safety Program Destination Zero – MV’s Safety Program MV brands its safety program as Destination Zero, an operating philosophy that all employees must adopt. Destination Zero calls for all MV team members to strive for zero unsafe behaviors, zero accidents, and zero injuries every day. It follows Herbert Heinrich’s theory of Accident Causation, which finds that for every 300 near misses or unreported occurrences, there are 29 minor injuries and 1 major injury. The cause of the 300 near misses, unsafe driving behavior, is what we focus on eliminating. Destination Zero identifies and evaluates unsafe behaviors and employs a rigorous, individualized re-coaching and retraining program designed to modify driving behaviors. Page 408 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 29 The Destination Zero philosophy and mindset is reinforced throughout the service year. We distribute safety messages, post signage, and hold events focused on our organization’s ultimate destination – one without risk. The Destination Zero campaign addresses six areas where continual work is always required. Additional detail on MV’s Safety Program may be found in Appendix B-5. Destination Zero – Proven Safety Performance The Destination Zero Safety Program is the foundational system on which our company operates. No operational element is more important than safety; we cannot deliver an outstanding customer experience without a safe operation. The following chart illustrates MV’s year-over-year safety record, calculated as NTD-reportable preventable accidents per 100,000 miles. In an industry where the most common performance standard regarding safety is one accident per 100,000 miles, MV’s numbers exhibit the effectiveness of Destination Zero. 0.011 0.030 0.040 0.030 0.051 0.000 0.200 0.400 0.600 0.800 1.000 - 50,000,000 100,000,000 150,000,000 200,000,000 250,000,000 300,000,000 2018 2019 2020 2021 2022 Year NTD-Reportable Preventable Accidents per 100,000 miles Preventable NTD Reportable per 100,000 miles Miles Driven Page 409 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 30 Destination Zero Technologies Considered in this Offer When preventing the one potential accident that occurs for every 300 near misses, we need to identify unsafe behaviors that do happen to prevent their reoccurrence before they result in a near miss. We use three technology tools to manage this activity. The first technology is passive and designed for the operator only. We use Mobileye Collision avoidance technology as an operator tool. This technology generates no data – it serves as an operator alert only to advise of potential collisions. Mobileye consists of a small camera that is mounted behind the rear-view mirror. It detects impending forward collisions (while accounting for speed), the presence of pedestrians or cyclists, lane departures, and speed limits and alerts the operator of the hazard on the dash-mounted display. This technology is beneficial in high vehicle/pedestrian risk areas like Englewood Parkway, the Walmart Superstore parking lot, and the hospitals where many pedestrians and people use mobility devices. It is very beneficial on routes like the Englewood Trolley, where over 20 left and right turns are made on each round trip. To collect safety data from our vehicles, we leverage DriveCam by Lytx. This technology is used as a safety monitoring tool. It generates extensive data from video clips and categorizes them across multiple datasets. DriveCam SF400 offers the latest technology in triggered- event recording technologies. DriveCam is a small camera that we install on the windshield, and it continually records a view ahead of the vehicle and a view of the vehicle interior. MV proposes the most up-to-date version of DriveCam, which provides much longer playback opportunities and significantly better night visibility. We have provided additional DriveCam information in Appendix B-6. 3.1.k. Accident, Emergency, and Incident Procedures Upon the operator’s notification to the operations specialist that they have been in an accident where injury or damage has occurred, the operations specialist will immediately notify emergency services. The operations supervisor is then dispatched to the scene of the incident. General Manager Rick Foster and the Safety Training Manager Nathan West are notified immediately; they notify the City and determine whether they need to report to the scene. The vehicle operator performs emergency management on-board the bus, evaluates any injured passengers, and, as needed, awaits emergency response. Upon arrival, the operations supervisor takes control of the scene and helps coordinate the transfer of passengers. They also coordinate with dispatch to transport the operator to post-accident drug testing. Once the passengers are cleared of the bus, the operations supervisor will perform an accident investigation, documenting all findings, including passenger comments and photos on digital forms that are immediately uploaded to our systems and available for processing. Page 410 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 31 3.1.l. Operations and Maintenance Facility MV’s facility for these operations is located at 80 South Raritan in Denver. This facility contains approximately 4,200 square feet of office and maintenance space as well as 1.22 acres of land for parking. The facility is only 15 minutes from the Englewood Trolley route. This space is more than adequate to accommodate all of the operations supported here. This property has two maintenance bays that are used for the City of Englewood vehicles, as needed. 3.1.m. Indemnification MV will continue to honor the indemnity requirements of the City, as included in the RFP. 3.1.n. Insurance MV will continue to meet all insurance requirements as required by the City and included in the RFP. 3.1.o. Records and Reporting MV will continue to provide all requested records and reports to the City in this new contract term. Please note that the proposed new optional CAD/AVL system, TripShot, can provide enhanced dashboards and reporting about operational data not currently available to MV and the City for these services. MV examines data from many technology platforms, including our proposed CAD/AVL system, TripShot, as well as our asset management system, Trapeze- EAM (T-EAM), and we can use this data to provide accurate operations reports for the City that are customized to the City’s specific needs. 3.1.p. Performance Standards MV has a long history of reliability in providing the Englewood Trolley services. We will continue to meet or exceed the performance standards as stated in the RFP, including: • On-Time Performance: MV will continue to provide reliable, on-time service for the passengers of the Englewood Trolley. We have also contemplated the addition of a vehicle on route to decrease the time between vehicles, which we have described in Section 3.3 below. Page 411 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 32 • Missed Trips: MV operators are in constant communication to ensure that our vehicles run on-time and that trips are not missed. • Miles Between Road Calls: Over the course of the last year, MV has only had one road call, due to a lift failure. This road call did not affect service delivery. We far exceed the standard of 9,000 miles between mechanical road calls. The introduction of a brand new fleet of buses will reinforce the reliability of the service. • Preventive Maintenance Inspections: MV has consistently performed all preventive maintenance inspections 100% on-time over the course of its 14 years of experience with this contract. • Complaints: Within the last year, MV has only had one passenger complaint. Because the majority of our operators are long-term employees with more than six years of experience operating the Englewood Trolley services, they have developed relationships with many of the regular passengers on the route. • Safety: MV has not had a preventable accident at our Englewood contract in the past three years. We take pride in our ability to offer the safest and most reliable services for the Englewood Trolley passengers. • Monthly Reports and Record Keeping: MV has never failed to provide reporting as requested by the City. In the new contract term, MV is proposing as an option the addition of the TripShot CAD/AVL system, which would allow our management team to provide more robust reports for the City. 3.1.q. Advisory Services At MV, we pride ourselves on our spirit of collaboration and partnership. We have demonstrated this culture throughout our 14 years of service with the Englewood Trolley. In the new contract term, we are committed to continuing our partnership and increasing the involvement of our professional services team. This team can assist the City on various topics, including the implementation of on-demand services, the further development of a zero- emissions plan, and the deployment of new technology. We have reviewed the City’s Electric Vehicle Action Plan and enthusiastically support the City’s goals. MV is prepared to support the City in its zero emissions efforts for the municipal fleet and the Englewood Trolley vehicles. To support our clients, MV has created an in-house Zero Emissions Group dedicated to providing professional advice, planning, and direct operation of ZE fleets. MV operates over 150 zero-emission buses for several clients. We have assisted our clients in developing a point of view regarding the optimal fuel type, vehicle manufacturer, and manufacturing timelines. Our process considers the current fleet replacement plan, trip distances, inclement weather, topography, and fueling or charging infrastructure's impact at facilities and in the service area. We have developed a roadmap to use as a guideline for this process, as seen below. We hope the City will consider expanding our partnership to accept MV’s support of your ZEV journey at any point on this roadmap. We look forward to developing a scope of consultative support we can provide during this Page 412 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 33 contract term to support the City in these efforts. We anticipate this support will be included as part of the partnership MV has enjoyed with the City. 3.2. Additional Issues and Proposed Strategies for Meeting the Baseline Scope of Services In Appendices B-2 and Appendix B-7, respectively, we have included additional information about our proposed new vehicles and the TripShot CAD/AVL solution. 3.3. Additional Issues and Proposed Strategies for Meeting the Additional Alternatives 3.3.a. Alternative A – Adding Saturday Service MV is prepared to offer Saturday service with two vehicles on the route, as requested by the City. In order to support this service, we would hire one additional operator. Below, we have provided a tentative schedule to demonstrate how we plan to staff this operation. : Englewood Schedule 5:30 AM - 9:00 PM, Mon-Sat Mon Tue Wed Thur Fri Sat Sun Hours Civic Center AM OFF 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 X Hours 8.50 8.50 8.50 8.50 8.50 42.50 Page 413 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 34 : Englewood Schedule 5:30 AM - 9:00 PM, Mon-Sat Civic Center PM 13:30 - 21:30 13:30 - 21:30 OFF 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 X Hours 8.00 8.00 8.00 8.00 8.00 40.00 Corona Street AM 5:00 - 13:30 OFF 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 X Hours 8.50 8.50 8.50 8.50 8.50 8.50 42.50 Corona Street PM 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 OFF 13:30 - 21:30 13:30 - 21:30 X Hours 8.00 8.00 8.00 8.50 8.00 8.00 40.00 Fill in Driver 5:00 - 13:30 5:00 - 13:30 13:30 - 21:30 13:30 - 21:30 OFF OFF X Hours 8.50 8.50 8.00 8.00 0.00 0.00 X 33.00 3.3.b. Alternative B – Extending Weekday Service MV is also prepared to extend the weekday service hours. We believe this can be achieved most efficiently by extending the hours of our existing bus operators, thus adding no additional headcount to our current service model. The tentative schedule for this extended operation may be found below: Englewood Schedule 5:30 AM – 9:00 PM, Mon-Fri Mon Tue Wed Thur Fri Sat Sun Hours Civic Center AM 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 X X Hours 8.50 8.50 8.50 8.50 8.50 42.50 Civic Center PM 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 X X Hours 8.00 8.00 8.00 8.00 8.00 40.00 Corona Street AM 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 5:00 - 13:30 X X Hours 8.50 8.50 8.50 8.50 8.50 42.50 Corona Street PM 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 13:30 - 21:30 X X Hours 8.00 8.00 8.00 8.00 8.00 40.00 3.3.c. Alternative C – Reducing Wait Times The current service operates with a vehicle arriving at the stop approximately every 20 minutes. By adding a third vehicle to this service, the wait times could be reduced to between Page 414 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 35 12 and 15 minutes. This would necessitate the hiring of two additional operators to support the additional vehicle. A tentative schedule for this option is provided below: Current Englewood Schedule 6:30am - 6:30pm Mon Tue Wed Thur Fri Sat Sun Hours Civic Center AM 5:45 - 14:45 5:45 - 14:45 5:45 - 14:45 5:45 - 14:45 5:45 - 14:45 X X Hours 8.50 8.50 8.50 8.50 8.50 42.50 Civic Center PM 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 X X Hours 8.00 8.00 8.00 8.00 8.00 40.00 Corona Street AM 5:45 - 11:30 5:45 - 11:30 5:45 - 11:30 5:45 - 11:30 5:45 - 11:30 X X Hours 5.75 5.75 5.75 5.75 5.75 28.75 Corona Street PM 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 X X Hours 8.00 8.00 8.00 8.00 8.00 40.00 Corona Street PM 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 10:30 - 19:00 X X Hours 8.00 8.00 8.00 8.00 8.00 40.00 Additional Bus AM 5:45 - 12:15 5:45 - 12:15 5:45 - 12:15 5:45 - 12:15 5:45 - 12:15 X X Hours 6.50 6.50 6.50 6.50 6.50 32.50 Additional Bus PM 11:30 - 19:00 11:30 - 19:00 11:30 - 19:00 11:30 - 19:00 11:30 - 19:00 X X Hours 7.50 7.50 7.50 7.50 7.50 37.50 There are alternative approaches that could reduce the overall cost of this option, such as deploying the vehicle only during peak hours, or utilizing a smaller vehicle such as a van. In Alternative E, we also explore the option of using this third vehicle as an on-demand option. 3.3.d. Alternative D – Possible Fixed-Route Expansions MV has examined the suggested service expansions, and we believe we can easily accommodate these expansions within our current service offerings. Since the anticipated expansions are relatively minor, the only effect may be a slight increase in the amount of time required to complete the loop and therefore increased wait times. This would not have an impact on the price we have provided or the billing to the City. Another alternative for providing these services would be to use on-demand services to reach these new areas. We have discussed our approach to on-demand service in Section 3.3.e below. Page 415 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 36 3.3.e. Alternative E – Adding Potential On-Demand Capacity Converting some (or potentially all) of this service to an on-demand model can significantly increase the flexibility of the operations. The benefits of this option are many and varied. Primarily, on-demand service allows the operator to extend significantly the service offerings available to passengers. This may include an extension of the operating hours and the expansion of the service area. Another benefit of this approach is that the level of service provided as on-demand can be changed nearly daily. As noted in the example in the call-out box, our University of Denver operation runs a hybrid service that includes elements of both fixed route shuttle as well as on-demand service. If combining this alternative with the addition of a third vehicle, for example, the third vehicle could be dedicated to on-demand service as a pilot program, allowing us to continue providing the current available service while also exploring the options for on-demand service. MV has included, in Appendix B-7, a preliminary analysis of where an on-demand service might be most effective within the City of Englewood. This is included as a sample of the type of professional review MV’s Professional Services group will be able to conduct to inform future decisions on the implementation of on-demand service. MV has proposed the addition of TripShot CAD/AVL software, which can support the scheduling needs of an on-demand operation in its Enterprise version. We have implemented this type of service at many of our locations, and we can offer it to the City of Englewood in collaboration with the City to best support the needs of the passengers. The additional cost of the TripShot enterprise version is included in our cost proposal for Alternative E. University of Denver Shuttle At our University of Denver Shuttle operation, MV has worked collaboratively with the University to develop and implement a hybrid service. At the beginning of the day, from service start through approximately 10:00 AM, the service is operated as a fixed route shuttle. From 10:00 AM to 2:00 PM, the service converts ... with the same vehicles ... to an on-demand service, driven by a smart phone app powered by TripShot. After 2:00 PM, the operation returns to fixed route. This allows the operation to best support the schedules of the students as they attend class and return to their residences. Page 416 of 520 PART 4 PRICING PROPOSAL Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado PA R T 4 P R I C I N G P R O P O S A L Page 417 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 CONFIDENTIAL Part 4 - Pricing Proposal 4.1. Pricing for Baseline Level of Services MV understands the City’s responsibility to choose the most cost-effective solution for the Englewood Trolley services. MV was pleased to provide the City’s requested three-month extension to the current contract from January 1 through March 30, 2024. MV proposes maintaining the current variable hourly rate through the remainder of 2024, the first contract year, not including the necessary refresh of the revenue fleet. To maintain flexibility, MV proposes that the cost of the new revenue fleet be treated as a monthly fixed cost, not included in the variable hourly rate. This pricing methodology will also support the City’s exploration of an alternative ownership model for the revenue fleet. 4.2. Cost and Operational Information for Additional Services The pricing shown below is the incremental costs for each alternative. The per hour prices shown could be billed separately from the baseline service or a revised price for all services can be calculated. Note that adding incremental costs and hours to the baseline service would result in a lower hourly rate for each of the new total number of service hours. To avoid confusion, MV encourages a discussion to ensure pricing alternatives are clear. 4.2.a. Alternative A: Saturday Service We have priced the incremental cost for adding Saturday service if it were to be billed separately. Pricing for Saturday service would be less if the span of service were shorter, matching the baseline weekday service. Cost for the Current Baseline Level of Service (weekday service only 6:30am to 6:30pm with two on-route vehicles and one back-up vehicle) Year #1 2024 (9 months only) Year #2 2025 Year #3 2026 Revenue Hours 4,590 6,120 6,120 Cost per hour (excluding monthly fixed)104.54$ 106.50$ 110.95$ Annual Cost (excluding monthly fixed)479,844$ 651,765$ 679,034$ 11,366$ 10,179$ 9,783$ Total Proposed Annual Cost 582,138$ 773,914$ 796,435$ Vehicle Depr and Wrap (Fixed per month) Page 418 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 CONFIDENTIAL 4.2.b. Alternative B: Extending Weekday Service We have priced the incremental cost for extending weekday service if it were to be billed separately. 4.2.c. Alternative C: Reducing Baseline Service Wait Times to 15 minutes or less We have priced the incremental cost for adding a third revenue vehicle for the entire span of service if it were to be billed separately. An alternative to this approach might include adding a third revenue vehicle only during peak ridership periods. Alternative A – Additional Cost for Adding Saturday Service (10am to 9pm) with two on-route vehicles and one back-up. (separate cost from current baseline service) Year #1 2024 (9 months only) Year #2 2025 Year #3 2026 Incremental Revenue Hours 858 1,144 1,144 Cost per incremental hour (excluding monthly fixed)67.64$ 71.38$ 75.14$ Annual Incremental Cost (excluding monthly fixed)58,039$ 81,658$ 85,963$ -$ -$ -$ Total Proposed Incremental Annual Cost 58,039$ 81,658$ 85,963$ Incremental Vehicle Depr and Wrap (Fixed per mont Alternative B – Additional Cost for Extending Weekday Service to 5:30am to 9:00pm with two on- route vehicles and one back-up. (separate cost from baseline service) Year #1 2024 (9 months only) Year #2 2025 Year #3 2026 Incremental Revenue Hours 1,339 1,785 1,785 Cost per incremental hour (excluding monthly fixed)62.61$ 65.66$ 69.24$ Annual Incremental Cost (excluding monthly fixed)83,814$ 117,204$ 123,591$ -$ -$ -$ Total Proposed Incremental Annual Cost 83,814$ 117,204$ 123,591$ Incremental Vehicle Depr and Wrap (Fixed per mont Page 419 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 3 CONFIDENTIAL 4.2.d. Alternative D: Additional Cost for Up to Three Fixed Route Extensions Our cost for this alternative would be the same as our baseline level of service. If the expansions are relatively minor, the only effect may be a slight increase in the amount of time required to complete the loop and, therefore increased wait times. This would not have an impact on the price we have provided or the billing to the City. Another alternative for the provision of these services would be to use on-demand services to reach these new areas. We have discussed our approach to on-demand service in Section 4.2.e below. 4.2.e. Alternative E: Adding Some On-Demand Capacity We recommend using TripShot (Enterprise version) on each vehicle to provide the necessary functionality to provide on-demand service. The current cost associated with this system is $733/vehicle per month. Alternative C – Additional Cost for Reducing Baseline Weekday Service Wait Times to 15 Minutes or Less (additional vehicle, more nimble vehicles, etc.). Proposers may make other recommendations (peak service adjustments, etc.) Year #1 2024 (9 months only) Year #2 2025 Year #3 2026 Incremental Revenue Hours 2,295 3,060 3,060 Cost per incremental hour (excluding monthly fixed)54.92$ 57.49$ 60.44$ Annual Incremental Cost (excluding monthly fixed)126,037$ 175,905$ 184,950$ 5,624$ 5,075$ 4,892$ Total Proposed Incremental Annual Cost 176,649$ 236,801$ 243,650$ Incremental Vehicle Depr and Wrap (Fixed per mont Alternative D – Additional Cost for Extending the Fixed Route with Up to Three Extensions as Described in RFP Section 3.4. Proposers may address these costs more generally and provide related recommendations. Year #1 2024 (9 months only) Year #2 2025 Year #3 2026 Incremental Revenue Hours - - - Cost per incremental hour (excluding monthly fixed)-$ -$ -$ Annual Incremental Cost (excluding monthly fixed)-$ -$ -$ -$ -$ -$ Total Proposed Incremental Annual Cost -$ -$ -$ Incremental Vehicle Depr and Wrap (Fixed per mont Page 420 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 4 CONFIDENTIAL The costs of providing this service are dependent upon the implementation strategy selected by the City. For example, adding a third vehicle for the entire span of service, operating on- demand, would cost approximately the same as Alternative C noted above if the same vehicle were used (adjusting for the added cost of TripShot). The example shown below assumes a smaller (and less expensive) bus is added to provide the on-demand service. We look forward to discussing the many options for the implementation of on-demand capacity with the City. 4.2.f. Optional Service Enhancement: Operations Performance Dashboard and “Where’s My Bus?” MV is proposing, as an option, to implement TripShot (Premium version) to support the Englewood Trolley services. This system would be installed on the two primary revenue vehicles and the third spare vehicle. The benefits of this option are discussed in the proposal and include enhanced operations performance reporting and “where’s my bus” functionality on riders’ smartphones. The cost of this service is $290/vehicle per month. Alternative E – Additional Cost for Adding Some On- Demand Capacity as Described in RFP Section 3.4. Proposers may address these costs more generally and provide related recommendations. Year #1 2024 (9 months only) Year #2 2025 Year #3 2026 Incremental Revenue Hours 2,295 3,060 3,060 Cost per incremental hour (excluding monthly fixed)55.08$ 58.25$ 61.48$ Annual Incremental Cost (excluding monthly fixed)126,410$ 178,236$ 188,119$ 5,906$ 5,454$ 5,370$ Total Proposed Incremental Annual Cost 179,564$ 243,680$ 252,561$ Incremental Vehicle Depr and Wrap (Fixed per mont Page 421 of 520 APPENDIX A KEY PERSONNEL RESUMES Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado AP P E N D I X A K E Y PE R S O N N E L R E S U M E S Page 422 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix A – Key Personnel Resumes We have included the resumes for our local management team on the following pages. Page 423 of 520 APPENDIX A: RESUMES Page 424 of 520 Richard Foster General Manager Page 1 of 2 CONFIDENTIAL Richard Foster is MV’s proposed General Manager for the Englewood Operations, Maintenance, and Support Services. Experience General Manager, MV Transportation, Inc. (Denver, Colorado) 2023 to Present Manages daily operations of Regis Jesuit High School, Denver University, Colorado University, City of Englewood and City of Black Hawk clients. Manages local team to ensure exceptional customer service. Manages the maintenance supervisor to ensure all vehicles are maintained and in good operating order. Oversees all administrative functions, including HR department. Manages the Safety and Training Supervisor to ensure all employees are thoroughly trained. Operations Manager, MV Transportation, Inc. (Denver, Colorado) 2018 to 2023 Managed up to 50 operators for RTD FlexRide, Denver University, NREL and City of Englewood clients. Managed operator’s daily schedules for efficiency. Oversaw various reports for monthly billing. Worked with the maintenance manager to ensure buses were operational. Ensured all customer complaints were resolved daily. Ensured smooth operations by maintaining communication with operators and dispatch. Retail Sales Agent, Dollar Thrifty Group-Hertz Rental Car (Denver, Colorado) 2007 to 2017 Exceeded monthly sales performance standards while renting up to 50 vehicles daily. Offered optional coverage products, upgrades to vehicles, and other services to each customer. Investigated and resolved customer inquiries and complaints in a timely and empathetic manner. Exhibited exceptional customer service skills and created a positive customer experience by identifying customer needs. Completed daily reports and balanced daily cash sheet with accuracy and attention to detail. Realtor, Cherry Creek Properties, LLC (Littleton, Colorado) 2015 to 2016 Interviewed clients to determine their precise wants, needs, budgets, and geographical desires. Page 425 of 520 Richard Foster General Manager Page 2 of 2 CONFIDENTIAL Acted as intermediary in negotiations between buyers and sellers over property prices and settlement details and during the closing of sales. Compared properties with those that have recently sold to determine its competitive market price. Generated lists of properties for sale, locations, descriptions, and available financing options. Prepared and proofread real estate documents. Advised clients about mortgage options and assisted in completing paperwork to expedite the home buying process. Attended closing dates and provided support to clients. Loan Officer, Global lending Service (Centennial, Colorado) 2003 to 2007 Retail Sales Manager, First Interstate Bank/Regulus, LLC (Denver, Colorado) 1987 to 2003 Education and Training State of Colorado Real Estate License MV Transportation Reasonable Suspicion training certification Professional Affiliations & Awards MV Transportation Award of appreciation for exceptional service Page 426 of 520 Crystal Threlkel Administrative/Operations Supervisor Page 1 of 2 CONFIDENTIAL Crystal Threlkel is MV’s proposed Administrative/Operations Supervisor for the Englewood Trolley operations. Experience Administrative/Operations Supervisor, MV Transportation (Denver, Colorado) December 2020 to Current Responsible for the administration of all payroll, employee scheduling, human resources files, and office tasks. Ensures that vehicles are assigned correctly for all operations. Performs recruitment and hiring activities to ensure full complement of staff. Handles customer complaints and comments with high degree of customer service. Developed expertise in TripShot, Synchromatics, T-EAM, Lawson, and Infor software systems. Vehicle Operator, MV Transportation (Denver, Colorado) January 2018 to December 2020 Provided paratransit and flex-ride trips for eligible passengers. Ensured the safety of passengers and assisted in loading and unloading of mobility devices. Provided a high level of customer service and respond to passenger inquiries. Food Service Worker, Jefferson County Public Schools (Lakewood, Colorado) January 2016 to March 2018 Accounts Receivable Specialist, Retail Information Systems (Houston, Texas) February 2012 to July 2015 Knowledge of accounting software systems. Monitored and managed accounts and billing, following up with customers with outstanding payments. Provided administrative and clerical support for accounts receivable department. Accounts Receivable Specialist, Advanced Retail Information Systems (Littleton, Colorado) July 2008 to January 2012 Performed account reconciliations. Used knowledge of accounting software to support accounts receivable department and ensure that books were always current and accurate. Communicated discrepancies to the management team, identifying slow-paying customers. Exercised integrity in financial reporting in compliance with all company requirements. Page 427 of 520 Crystal Threlkel Administrative/Operations Supervisor Page 2 of 2 CONFIDENTIAL Education and Training Red Rocks Community College GED: High School Diploma Page 428 of 520 Roy Goleman Operations Supervisor Page 1 of 1 CONFIDENTIAL Roy Goleman is MV’s proposed operations supervisor for the Englewood Trolley services. Experience Operations Supervisor, MV Transportation (Denver, Colorado) September 2015 to Present Monitors and supervises daily routes for operations from the Denver facility. Provides leadership for operators and ensure that questions are answered and operators are ready for daily duty. Assigns vehicles to operators and works with maintenance to ensure any defects found in pre-trip inspection process are resolved. Assign spare vehicles and extraboard operators to ensure that all routes are covered. Investigate and resolve issues that arise with operators. Respond to roadcalls and handle passenger issues that may arise on route. Perform route observations and respond in the case of accident or incident. Paratransit Operator, MV Transit (Denver, Colorado) February 2003 to September 2015 Transport eligible passengers to and from important appointments and other locations in Denver area. Provide excellent customer service to passengers with disabilities and the elderly. Assist with the loading and unloading, as well as securement of mobility devices as necessary. Education and Training Columbus, GA GED, 1971 United States Army, 173rd Airborne, 182nd Airborn, and 101st Airborne Divisions, Vietnam Veteran (1968 – 1971) Certified in Operator Excellence Training, MV Transit, 2022 Class B Commercial Drivers License with School Bus Endorsement Page 429 of 520 Nathan West Safety and Training Manager Page 1 of 2 CONFIDENTIAL Nathan west is MV’s proposed Safety and Training Manager for the Englewood Operations, Maintenance, and Support Services. Experience Safety and Training Manager, MV Transportation (Denver, Colorado) July 2023 to Present Performs all training activities for operators and other employees at MV’s Denver facility, including full Operator Excellence Training program. Responsible for all wheelchair securement recertifications and required refresher training. Performs 45 and 75-day training reviews. Observes and monitors operators on-route, providing assistance with unruly passengers and other incidents that occur during operation. Schedules random Drug and Alcohol tests as well as reasonable suspicion testing. Hosts safety committee meetings quarterly and promotes a safe environment through safety blitzes and monthly safety meetings for all staff. Field Supervisor, MV Transportation (Denver, Colorado) September 2016 to June 2023 Performed field supervisor duties including on-road observations and accident and incident investigations. Worked as a dispatcher for 1.5 years in order to learn important operations approaches. Received certification in reasonable suspicion testing. Performed window dispatch role, checking in operators, assigning vehicles, and ensuring fitness for duty. Dispatch and HR Agent, ASSA ALBOY Global Solutions (Englewood, Colorado) February 2019 to July 2019 Site Manager, Ricoh Americas Corporation (Centennial, Colorado) December 2009 to April 2016 Improved quality of operations and improves consistency by implementing company performance and operation procedures. Increased employee retention by achieving turnover and average tenure goals Facilitated resolution of issues concerning pricing, ordering, and invoicing by interacting and communicating with sales department. Received promotion to role with responsibility for expanding operations and resolving troubled contracts. Page 430 of 520 Nathan West Safety and Training Manager Page 2 of 2 CONFIDENTIAL Telecommunications Services Supervisor, MasTec Inc. (Carrollton, Texas) April 2005 to July 2009 Supervised leadership and associates in a high-volume call center. Assisted with consumer escalations regarding service expectations. Partnered with internal and external departments to maintain company service level agreements. Education and Training DeVry University - Westminster Bachelor’s Degree: Business Management/Human Resources 2016-2020 Stratford Career Institute Diploma: Pharmacist’s Assistant 2003-2005 Job Corp Diploma: Culinary Arts and Security 1995-1997 Certified Operator Excellence Training Instructor Page 431 of 520 Dylan Sexton Shop Foreman Page 1 of 1 CONFIDENTIAL Dylan Sexton is MV’s proposed shop foreman for the Englewood Trolley operations. Experience Shop Foreman, MV Transportation (Denver, Colorado) July 2023 to Present Supervises the daily operations of the shop workspace. Provides training and assistance to technicians to develop skills needed to complete assigned tasks safely and efficiently. Maintains 100% on-time performance of preventive maintenance inspections. Has experienced zero road calls since taking this role. B-level Technician, MV Transportation (Denver, Colorado) March 2022 to July 2023 Performed brake repair to include brake rotors and pads, brake calipers, and fluid flushes. Performed preventive maintenance and repair on intake manifolds and gaskets, A/C compressors, power steering pumps, wheel bearings, and differential services. Responsible for engine tune-ups, light engine diagnosis, exhaust manifolds and systems, and tire mounting. Seasonal Landscape Technician, Monarch Landscaping (Lafayette, Colorado) May 2019 to August 2021 Performed landscaping duties including sprinkler repair, tree planting and removal, minor electrical work, and large-scale landscape projects. Automotive Mechanic, Self-Employed (Broomfield, Colorado) March 2022 to July 2023 Performed oil changes, brake repair, minor electrical diagnoses. Responsible for timing belt and water pump installations. Performed clutch and exhaust system maintenance. Education and Training Spartan College of Aeronautics & Technology August 2021 - August 2022 Legacy High School August 2017 - August 2021 Page 432 of 520 APPENDIX B Contracted Operations, Maintenance, and Support Services for the Englewood Trolley in the City of Englewood, Colorado AP P E N D I X B Page 433 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 Appendix B We have included the appendices listed below on the following pages: • Appendix B-1: Corporate Support Personnel • Appendix B-2: Vehicle Information • Appendix B-3: Preventive Maintenance Program • Appendix B-4: Operator Excellence Training • Appendix B-5: Safety Program • Appendix B-6: DriveCam Information • Appendix B-7: TripShot Information • Appendix B-8: Flexible Transit Service Proposal • Appendix B-9: Items for Discussion • Appendix B-10: Addendum #1 Page 434 of 520 APPENDIX B-1: CORPORATE SUPPORT Page 435 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix B-1: Corporate Support Personnel MV Team Member Biographical Sketch Chief Operating Officer Kevin Klika Kevin A. Klika brings nearly 30 years of executive-level leadership in public transportation. Kevin initially joined MV in 1999 after holding regional executive roles for companies including Laidlaw Transit Services, Mayflower Transportation, and Dave Transportation. During a short retirement from 2019 to 2022, Kevin remained active in the public transit industry, serving as a consultant for new and emerging transportation companies. He rejoined MV as president/chief operating officer. Today his work focuses on assessing our operational performance and meeting with MV customers and our local teams to identify opportunities for enhanced service quality, KPI adherence, and innovative programs designed to propel transit systems to success. Senior Vice President of Operations Aaron Edwards Aaron Edwards is MV’s senior vice president of operations for the northwest region and Colorado. Aaron has more than 15 years of transit leadership experience, and has held management roles with MV contracts including the Microsoft shuttle in Redmond, WA, AVTA in Lancaster, CA, and Mountain Metro in Colorado Springs, CO. Aaron was integral to MV receiving the Microsoft Vendor Excellence Award in 2007 and 2008. Aaron holds a Bachelor of Science in Business Management from the University of Phoenix. He will provide oversight of the Englewood operations and will personally meet with the City for Business Review meetings twice per year. James Schultzman Chief Maintenance Officer James (Jim) Schultzman is MV’s chief maintenance officer. He brings almost two decades of transportation experience to his role. He is responsible for investment and innovation, including strategic partnerships, predictive maintenance, and advanced training and support for alternative fuel platforms. Jim is responsible for the company’s team of highly experienced maintenance professionals and facilities and directs MV’s maintenance and fleet strategies. He leads strategic investments and innovation in predictive maintenance and advanced training and support for electric vehicle platforms. Since joining MV in 2009, Jim has held multiple roles of increasing responsibility to include his most recent role as Senior Vice President of Operations for Southern California. Before joining MV, Jim worked as regional manager and director of maintenance for Shuttle Bus Leasing across the southwestern region of the US. Jim has also managed Page 436 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 MV Team Member Biographical Sketch complex maintenance operations while serving in the U.S. Army and as a contractor for the U.S. Border Patrol. Ben Vivas Director of Maintenance Ben Vivas has over 30 years of vehicle and facility maintenance experience, including ten years of fleet maintenance for operations in the Seattle Metro Area. Ben supports MV’s Northwest region’s maintenance with equipment and facility maintenance by performing audits of maintenance operations and providing ongoing support to on-site maintenance managers. Benjamin will support the City’s maintenance team by delivering coaching and additional equipment and facility maintenance training as needed. He will be onsite with the City and will perform audits of its maintenance operations and provide ongoing support to local Shop Foreman Dylan Sexton and technicians. Ben sets overall goals, strategies, and objectives for the contracts he oversees to ensure adherence to preventative maintenance schedules and MV and City policies and procedures. Ben has also served as the maintenance manager for one of MV’s contracts where he managed over 300 vehicles operating from three separate yards. Before joining MV in 2019, Benjamin served as the director of fleet maintenance for EC Waste LLC in Humacao, Puerto Rico. Andrew Higuera Director of Safety Andrew Higuera brings over 30 years of work experience, including 25 years dedicated to the field of transportation. He is known for his exceptional proficiency and demonstrated leadership skills, contributing significant experience to each of his operations. As a safety director for the Englewood Trolley, Andrew will work with the City and MV’s operations and maintenance support to ensure the team complies with all regulatory requirements relating to health, safety, and security. He will also schedule and conduct safety audits and inspections and provide safety-related support to our local team. Andrew joined MV in 1999 as a safety director and explored and excelled at other roles within the organization. Andrew holds a Bachelor of Science in operations management from New Mexico State University and an Associate of Science degree in environmental science. He is an OSHA-certified trainer. Page 437 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 3 MV Team Member Biographical Sketch Heidi Heath Director of Labor Relations Heidi Heath is MV's Director of Labor Relations. She brings 25 years of experience in ADA and public transportation management. Heidi's understanding of unions, bargaining, human resources, and labor relations provide our clients with the ability to rely upon productive relationships with our represented employees. Heidi was MV's operations manager for the City of Phoenix's Valley Metro Transit System in Phoenix, AZ, from 2012 to 2015. From 2015 to 2018, Heidi served as assistant general manager for the RTC Fixed Route service in Las Vegas, NV. Stephanie Doughty, Vice President, Professional Services With over a decade of management experience in the technology sector, Stephanie Doughty will bring expertise and organization to the Dumbarton Bridge Express. During her time at MV, Stephanie has demonstrated her ability to successfully affect change at our divisions. She has increased team capacity by two contract resources at no additional costs and created a start-up group focusing on providing technology support services to transit customers. Prior to MV, she was a senior manager for the McAfee Management Global Support team. She also worked as a security manager for Intel, and a network delivery leader for Hewlett-Packard. Jennifer Partlow Director of Zero- Emission Strategy Jennifer Partlow is MV’s Director of Zero-Emission Strategy. She creates the MV Zero Emission strategy, including building the business plan and advising the go-to-market approach for national deployment. Jen is adept in innovative transportation strategies, including clean transportation (primarily electrification and hydrogen) technologies and best practices. She works with internal partners, such as leaders from Maintenance and Professional Services, as well as external partners, such as vehicle and component manufacturers, infrastructure partners, and clean transportation consultants. Prior to her role as a Zero-Emission strategist, Jennifer served as the MV’s Transformation Program Director and was responsible for managing IT Infrastructure processes and tasks related to division startups, moves, and closures. Jennifer holds a Bachelor of Science in Accounting degree from the University of Phoenix and a PMP Certification. Andres De Los Rios Director of Zero Emissions Engineering Andres De Los Rios, Director of Zero Emissions Engineering, offers nearly two decades of experience in transit engineering and management. He is experienced in various zero-emissions fleets, including CNG, battery electric, and hydrogen fuel cell vehicles. Andres works with our clients to lead and define strategy across Zero Emission products and evaluate Page 438 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 4 MV Team Member Biographical Sketch them to ensure they meet both the client’s needs as well as regulatory requirements. Page 439 of 520 APPENDIX B-2: VEHICLE INFORMATION Page 440 of 520 Creative Bus Sales offers dedicated sales, parts, and service departments to help you in all stages of bus ownership. Our customers benefit from our strong manufacturer partnerships, the largest in-stock inventory, and a nationwide team of experts. As a family-owned business with experience in the transportation industry since 1980, it’s no coincidence that we’ve grown to become the nation’s largest bus dealership. 2024 Starcraft Allstar XL 32’ l 10/26/2023 Sales Experience Nationwide Network 550+ Years of Collective Bus Sales Experience Servicing Over 1,500 Customers Annually 22 Full-Service Locations Nationwide Partners with 25+ Top Manufacturers Competitive Pricing In-House Financing Volume Discounts Fixed Contract Pricing Seamless Transactions Flexible Structures 41 22 350+ 1,500 Years In Business Nationwide Locations Dedicated Employees Annual Customers Page 441 of 520 2024 STARCRAFT ALLSTAR XL 32’ TRANSIT BUS - 30 SEATED PASSENGERS OR - 28 + 1 WHEELCHAIR OR - 24 + 2 WHEELCHAIRS 2024 FORD F550 XL CHASSIS WITH 19,500LB. GVWR 7.3L V8 GASOLINE ENGINE Page 442 of 520 GASEOUS FUEL PREP PACKAGE - HARDENED VALVES & VALVE SEATS 5 SPEED AUTOMATIC TRANSMISSION TILT STEERING WHEEL MOR-RYDE COMFORT RIDE REAR SUSPENSION ALTRO META W/YELLOW STEP NOSING - FLOOR COLOR: STORM TA733 SUPER 13 87,000 BTU A/C WITH ROOF MOUNTED CONDENSOR HOT WATER HEATER, 65K BTU PRIORITY SEATING SIGN STARCRAFT CIRCUIT BOARD LIFT INTERLOCK BACK-UP ALARM SAE TYPE C 97 DBA REAR VISION CAMERA WITH MONITOR CEILING GRAB RAIL (2) 1 1/4" GRAB RAIL PARALLEL TO ENTRANCE STEPS (BOTH SIDES) MID HIGH DOUBLE SEAT (12) ANTI-VANDAL GRAB HANDLE, BLACK (13) - AISLE SIDE ONLY SEAT BELT, NON-RETRACTABLE (30) SEAT BELT LOOP – (30) FRONT DESTINATION SIGN PREP PACKAGE SIDE DESTINATION SIGN PREP PACKAGE DELUXE AM/FM / CD /WITH MIC INPUT & CLOCK, 4 SPEAKERS PA MODULE ADDED TO STEREO SYSTEM ADDITIONAL SPEAKER (2) - MOUNT TWO OF THE SPEAKERS IN FRONT BULKHEAD PADDED VINYL INTERIOR (WALLS AND CEILING) SEAT COVER - LEVEL 1 NEWPORT VINYL; OXEN VINYL; OLEFIN FLIP SEAT, DOUBLE FREEDMAN FEATHERWEIGHT MID HIGH (2) FOLDAWAY DOUBLE FLIP SEAT (1) BRAUN CENTURY NCL954-2 1,000LB WEIGHT RATING WITH 34” X 54” PLATFORM WHEELCHAIR DECAL (INTERNATIONAL SYMBOL OF ACCESSIBILITY) Q-8301-L MAX RETRCTR TIE DOWN,Q8-6326-A1 COMB LAP/SHLDR,L TRK (2) DOUBLE WHEELCHAIR DOORS W/ WINDOWS, INTERIOR LIGHT, LEAF SPRING FIRE EXTINGUISHER FIRST AID KIT TRIANGLE FLARE KIT FORD CPA DISCOUNT FORD MOBILITY DISCOUNT WARRANTY STARCRAFT LIMITED WARRANTY: 60 MONTHS / 100,000 MILES STARCRAFT STRUCTURAL WARRANTY: 60 MONTHS / 100,000 MILES FORD CHASSIS: 36 MONTHS / 36,000 MILES FORD POWERTRAIN: 60 MONTHS / 60,000 MILES TRANS AIR A/C: 60 MONTHS / 100,000 MILES BRAUN WHEELCHAIR LIFT: 60 MONTHS / 100,000 MILES PRICE FOB ENGLEWOOD, CA $196,460* *Price does not include tax, license, or DMV fees. *Price good for 45 days. Page 443 of 520 APPENDIX B-3: PREVENTIVE MAINTENANCE PROGRAM Page 444 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix B-3: Preventive Maintenance Program Preventive Maintenance Program MV's preventive maintenance program supports our goal of scheduling more than 80 percent of all maintenance activities. By remaining proactive in our approach to vehicle care, we minimize reactive repair and service disruptions. Technicians perform preventive inspections and repairs within 500 miles of the required interval (or as contractually required). MV’s maintenance foreman will schedule service during off-peak hours, maximizing fleet availability during the highest service demand. Preventive Maintenance Cycle Inspection Interval Description A 3,000 (safety) • Vehicle interior and exterior (lights, safety equipment, etc.) • Brake testing • Door and/or lift/ramp operation/cycling • Road test (engine, transmission, brake, steering) • Undercarriage (shocks, brake lines, filters, air lines, drive shaft, etc.) • Engine compartment (fluid and leak inspection) • Clean/check battery and cables • Steam clean/pressure-wash engine • Mobility device lift inspection and service • Climate control systems inspection • Lubrication, oil, and filter change (unless vehicle manufacturer recommends a different interval) • Oil and filter change B 8,000 All A-level tasks plus: • Air filter change • Fuel filter change (if applicable) C 12,000 All A and B-level tasks plus: • HVAC (leaks, filters, temperature checks, function inspections, brushes, and fan motor condition) • Coolant service • Rear axle Service • Complete tune-up pursuant to manufacturer’s specifications • Evacuate and recharge the air conditioning unit • Serpentine belt change • Engine and transmission fluid Page 445 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 Preventive Maintenance Inspection Highlights • Documentation: The technician performing the inspection and repairs will have a handheld tablet to complete their inspection. They will have full access to our asset management system Trapeze EAM. As technicians complete their inspection on the digital inspection list, they repair any minor defects issued noted on the vehicle's work order. • Systems Maintenance: MV maintains all mechanical, electrical, fluid, air, and hydraulic systems to confirm safe and working conditions. • Clean Air Standards: Our team will perform annual emission/opacity inspections as required to meet all applicable clean air standards. We possess all associated permits and licenses and pay all required fees on time. • Heating and Cooling Systems: Technicians regulate passenger compartments to maintain consistently comfortable temperatures under all climate conditions. During each preventive maintenance inspection, our technicians inspect the heating, ventilation, and air conditioning (HVAC) systems to ensure they are functioning and free of leaks. The technician also inspects the condition of all brushes and fan motors and changes the filters. We maintain and operate all air conditioning systems, especially during the off-season. Operating these systems weekly at ten-minute intervals confirms that the refrigerant compressor is appropriately lubricated and prevents leakage in the compressor shaft seal. This process also ensures early detection of any refrigerant loss. Our team will conduct seasonal HVAC inspections. • Mobility Lifts and Ramps: We perform frequent inspections of mobility device lifts and ramps daily during pre-trip inspections, during the preventive maintenance inspection interval, and annually. No vehicle is permitted to enter service without a safe, functioning lift or ramp. If a lift or ramp fails while on the route, we immediately remove and replace the vehicle. • On-Board Security Systems: MV works with equipment manufacturers and their authorized repair shops for the ongoing maintenance of onboard security systems. MV is proposing the DriveCam system for this service; the company has maintained an excellent relationship with Lytx, with whom we work to repair and replace any malfunctioning units. MV stocks spare units to ensure working units on the entire Glendale fleet. • Onboard Technology Maintenance: MV employs technicians who are trained to inspect, diagnose, and repair or replace the various electronic onboard systems. The original equipment manufacturers of these devices provide recommendations relating to inspection cycles, which we follow to ensure proper operation. MV will stock all necessary parts and materials to ensure timely repairs. • Fixed Asset Equipment: Our local team will maintain all fixed assets in the maintenance area according to factory specifications and conditions as required. We Page 446 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 3 schedule each piece of equipment with the manufacturer's recommended maintenance interval for routine maintenance and corresponding service requirements. Management Systems and OEM Recommendations Maintenance Information Systems MV uses the Trapeze Equipment Asset Management (Trapeze EAM, or T-EAM) fleet maintenance software to track maintenance activities, work-orders, and parts inventory. Fleet managers designed this system, and it offers a solid toolset and user-friendly web-based interface. Key features of this system include: This system allows users to create unlimited preventive maintenance schedules, assign schedules to assets, and tie work orders to parts inventory. It includes more than 200 standard reports and integrates with reporting platforms to create cohesive operational reporting. The warranty and claims tracking functions allow our maintenance team to maximize recovery quickly and clearly. MV uses T-EAM as our company maintenance enterprise system to manage maintenance activities, track technician productivity, and control costs in more than 115 locations. Purchasing and Inventory Control MV has national accounts with several vehicle manufacturers and parts dealers. We leverage our national purchasing power to obtain volume discount price structures that deliver the most efficient pricing to MV and its customers. Our shops follow all original equipment manufacturers' (OEM) specifications and use only OEM parts or equivalent – a practice that prevents safety hazards while promoting best practices. OEM practices minimize unscheduled maintenance frequency, improving service quality, reducing costs, and maximizing fleet availability. MV tracks all parts inventories in T-EAM. We establish minimum and maximum inventory thresholds in the system and run inventory reports to alert our team of parts needs. We secure all vehicle and equipment parts in an area that is locked when not attended. Managers perform random spot checks and planned inventories to account for all parts and investigate discrepancies. Warranty Repair Our team will administer warranties, including documenting, filing, and processing claims. MV’s maintenance foreman will manage all warranty recovery and ensure that repairs occur expediently. MV is authorized by Ford Motor Company to perform in-house warranty work. MV will submit warranty-covered in-house repairs for reimbursement, saving vehicle downtime. Page 447 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 4 We work with local dealerships for warranties associated with chassis work requiring OEM components. Additionally, our company is a certified dealer for both Braun and Ricon; therefore, we can perform all warranty repairs and access all technical data and updates for these units. Our dealer status accelerates repairs and ensures that lifts are in safe working condition. The company performs warranty repairs to the vehicle body, doors, electrical, seating, flooring, etc. using the prescribed warranty procedure. The maintenance foreman will submit claims for reimbursement upon completion of the repair. MV tracks all warranty repairs in T- EAM. Overhauls and Repairs Major Repairs MV works with local vendors for body damage, engine rebuilds, and overhauls. Depending on the local resources available and their associated costs, our team will determine the most advantageous approach to major repairs; however, we prefer to purchase rebuilt engines when possible. We currently work with McCandless Truck Center for engine overhauls and Divine Coaches for body repair, primarily. Page 448 of 520 APPENDIX B-4: OPERATOR EXCELLENCE TRAINING Page 449 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix B-4: Operator Excellence Training Program OET Elements OET is dynamic, interactive, and built for adult learning. The training design is meant to impact the trainee in three ways: Throughout the training program, the trainee learns about the importance of Safety 360° - a holistic safety approach to maintaining 360° of visibility and a 360° safety cushion of space around your vehicle. OET also recognizes that mindset is important, so throughout the program we reinforce our shared goal of Destination Zero: Zero unsafe behaviors, so we can achieve zero accidents, zero injuries, and zero fatalities. Page 450 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 The OET video library is built on a streaming platform that allows users to stop and start at their own pace and is accessible to all MV locations via the internet. We have training curricula built for four levels of operators; however, since OET is a modular program, we can easily customize the content for each trainee type or create additional trainee types: New Hire with a CDL: New Hire without a CDL: Incumbent: Like Service: The trainee has a CDL but has no experience operating as a professional operator for a passenger transportation service. The trainee has no experience operating as a professional operator for a passenger transportation service and does not hold a CDL license. The operator is currently employed by the outgoing contractor and is being onboarded with MV as part of the service transition. The operator has experience as a professional operator for a passenger transportation service and has all appropriate licensing, but has not worked for this service or for MV. Eight Areas of Classroom Training Classroom training is divided into eight topics, each broken into modules that have video, classroom discussions, questions and answers, and quizzes. Individual modules are designed to be easily consumable while reinforcing the principles taught in each session. Section 1: Onboarding Orientation to MV, orientation to the job, drug and alcohol, SMS, wellness Section 2: Regulatory Training HazComm, whistleblower, bloodborne pathogens, sexual harassment, credentials, hour of service Page 451 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 3 Section 3: Customer Service Customer service, professionalism, issue resolution, passenger assistance, sensitivity, de-escalation Section 4: Safe Operations Vehicle and vehicle systems orientation, basic operation of the vehicle, best practices on-the-road, ergonomics Section 5: Defensive Driving Vision, vehicle size, space cushion, communications, backing, turns, intersections/RR crossing, speed management, special driving conditions/adverse weather, safety equipment, preventable collisions Section 6: On the Road Operations procedure, route training, performance standards, radio protocols, service area orientation, fare structure, boarding and alighting, customer safety Section 7: ADA Sensitivity/Passenger Assistance and Securement ADA, mobility aids, service animals, medical conditions, sensitivity, assisting, mobility device securement, lift/ramp operations, professionalism Section 8: Security Awareness and Emergency Procedures Emergency management, evacuations, extinguishing fires, mechanical emergencies, suspicious packages, threats of violence, human trafficking, Pre-Driving Skills – Classroom Onboard the Vehicle Before we ask a trainee to operate a service vehicle, we orient them to the vehicle well in advance. During this part of the training, each trainee sits in the operator’s seat and familiarizes themselves with the bus controls and the onboard technology. They adjust their mirrors, get a feel for the size of the vehicle and its spacing, and they put into place the skills they learn in Section 4 of Classroom Training. All trainees are educated on how to deploy the mobility device lift/ramp and get the opportunity to touch and feel the mobility device securements. 26 Defensive Driving and Performance Skills of BTW Training Behind-the-wheel training begins with a coned skills course and ends with the mastery of 26 specific defensive driving and performance skills. Before graduating from BTW training and moving on to Cadet training, trainees must demonstrate proficiency in the following areas. • Pre -trip Inspection • Passing Procedures • Seat Adjustment • Merging Procedures • Mirror Adjustment • Right Turns • Lights, Signals, and Horns • Left Turns • Use of Accelerator • Navigating Intersections • Use of Brakes and Anticipated Stops • Pedestrian and Bicyclist Awareness • Straight Forward Driving • Crossing Railroad Tracks • Straight Backing • Service Stops Page 452 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 4 • Narrow Streets and Low Clearance • Lift / Ramp Operation • Following Distance • Mobility Device Securement • Adverse Weather Conditions • ADA Announcements • Decreased Visibility • Commentary Driving • Lane Changing Procedures • Post -Trip Inspection Observation Training Observation training represents the time that a trainee is on the vehicle during BTW or Cadet training, but they are observing another trainee train behind the wheel. During this training, the trainee listens to the instructor guide the operator while on the road, providing guidance and instruction, as they watch the BTW trainee maneuver the bus. Also during these sessions, trainees may observe the instructor operate the vehicle. In-Service Training (Cadet Training) When a trainee has passed all classroom and BTW testing, they enter the final phase of their training – in-service training. This training occurs on an operating route, and the trainee operates the bus in service under the observation of a certified cadet trainer. Monitoring Training Program Effectiveness To confirm our training program’s effectiveness, we evaluate each new operator’s performance at 45- and 75-days post-graduation and conduct training evaluation questionnaires. We also routinely audit various phases and components of the training process, including documentation and trainers. Trends, areas of opportunity, and standards reviews are conducted during meetings with the training staff. Page 453 of 520 APPENDIX B-5: SAFETY PROGRAM Page 454 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix B-5: MV’s Safety Program Our Safety Management System MV’s Safety Management System drives Destination Zero in content and structure. It serves as the framework for administering, revising, and protecting the Destination Zero program while empowering our local leadership teams to integrate the safety principles outlined in this system into their local operations, including safety management, safety risk management, safety assurance, and safety promotion. Page 455 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 Schedule of Safety Promotion Embedding Destination Zero into the Employee Journey We promote Destination Zero at the start of an employee’s journey. During recruiting, applicants learn about the Destination Zero philosophy and the importance of safety at MV – that safety is part of our mission, vision, and core values – as a company with a mission- driven culture, safety must always be at the forefront of our words and actions. Once hired, the trainee is acclimated to Destination Zero as they are introduced to the various training areas. Here, the company reinforces safety as our underlying mandate and utmost priority. Employees then benefit from and promulgate a service-based culture built upon safety principles and a family-like atmosphere within the workplace. Up-to-Date Compliance MV’s Destination Zero safety and training programs are built on years of experience and developed best practices, and they are continually informed by regulatory and industry resources, including but not limited to the DOT, FTA, OSHA, the Department of Homeland Security, the Center for Disease Control, National Safety Council, National Transit Institute, and more. Ongoing Audits and Inspections Throughout the operating year, MV’s operation undergo several safety audits and inspections. • Monthly Safety Inspections – Safety and Training Manager Nathan West will perform facility safety inspections monthly. They report all findings to the regional director of safety, who follows up on all items during the semi-annual audits. Page 456 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 3 • Annual Safety Audit – The annual safety audit is a full-day inspection of the operating facility. Director of Safety Nathan West ensures all safety elements are in place and performing as designed. This audit confirms compliance with MV and City safety policies, rules, regulations, standards, codes, procedures, and requirements. They also review all employee training files for completeness and compliance. Finally, they review all safety-related programs, issues, and reporting and recommend improvements. • Annual Fire Safety Inspections – Each location receives an unannounced fire inspection annually. These inspections are based on compliance with all local fire and life safety codes. We document the inspection and follow- up on any areas of identified weakness. • Insurance Inspections – Each MV location is regularly subjected to a scheduled inspection by MV’s insurance provider. This process confirms compliance with local, contractual, and company specifications regarding proper maintenance of the insurance required for the location’s operation, equipment, and facility. Destination Zero – Documentation, Manuals, and Materials MV has a wealth of documented safety plans, from emergency action to hearing conservation. We centralize all guides, policies, programs, and plans on InsideMV, our company intranet and document repository accessible to all supervisors and managers. This site contains our safety calendar, provides access to online forms and training resources, and connects our local teams with documented best practices in safety management. About Our Location Safety Committee Each MV location with ten or more employees is required to have an on-site safety committee. The safety committee works as a team to promote Destination Zero and create and maintain a safe work environment for our employees. They evaluate the workplace, make recommendations for improvements, and create and manage our recognition programs. The LSC has a role in safety and security; they continually identify areas of risk reduction, are active in the emergency planning process, plan safety-related events, and determine the scope and schedule of the safety incentive program. The committee comprises up to ten members and should have representation from each functional department. The LSC meets monthly. Page 457 of 520 APPENDIX B-6: DRIVECAM INFORMATION Page 458 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix B-6: DriveCam Information DriveCam SF400 Event Recorder MV is pleased to propose the DriveCam SF300 event recorder for the Capital Metro fleet in the new term. DriveCam is a unique event recorder that continuously records footage inside the vehicle and on the road and saves footage clips when triggered. The SF300 unit has a dual wide-angle lens that eliminates blind spots in video clips and enhances the views captured. It also includes four high-lumen infrared light, integrated microphones, and continual video recording for up to 100 hours. The SF300 units deliver the same reliable event recording as the current DriveCam units in place today (interior and exterior recording, cellular connectivity, manual trigger button); however, these units bring valuable new features to our operation. • On-demand lookback: The SF400 saves up to 100 hours of footage we can access on- demand. This data allows us to investigate complaints quickly and easily. With the base package, we have access to the lookback feature for five minutes per unit per month; however, we can expand this at an additional cost. • MV+AI Technology: Delivering machine vision and artificial intelligence, the SF400 delivers improved safety features both in the vehicle and on the road. The units can detect when operators use handheld devices and alert those not wearing a seatbelt and smoking, eating, or drinking in the vehicle. The units detect rolling through stop signs, close following distance, critical distance, and lane departures on the road. These alerts are configurable to support our specific objectives and goals. • Optional Fleet Tracking: All SF300 units include Lytx’s GPS Fleet Tracking functionality, which provides insight into vehicle position and idling times using Google Maps, Traffic, and Street Views. This technology will support our quality assurance supervisors’ ability to identify operators for road evaluations and vehicles that require in-field support. This optional feature can be made available at an additional cost. • OBD-II Service: The SF300 system comes with an optional in-cab telematics solution that connects to the vehicle’s Engine Control Module (ECM) and reports on fuel consumption, idling time, odometer readings, tire pressure, vehicle speed, and more. Lytx Fleet Tracking Services provide visualized data and ample reports about vehicle health. This service works in coordination with the Fleet Tracking option and is Page 459 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 currently under pilot testing at our King County Access Paratransit program. Please note that the selection of this optional feature will incur additional costs. If selected, we are happy to discuss integrating this technology into our predictive analytics system. • Optional Live Streaming: While the base package limits live streaming options (five minutes per unit per month), we can expand this feature to enable our team to log into the camera to view live streaming on the vehicle throughout the service day for an additional cost. MV will continue to work with Lytx for all event reviews by their Risk Detection Services team. Under this agreement, Lytx staff ranks clips by behavior and incident type to deliver objective data that we can use to coach, retrain, or discipline operators. MV compiles this data to hone our focus on preventability and improvement further. Led by Vice President of Safety and Data Scientist Stephanie Weber, our team uses the information we receive from Lytx to determine the individual risk profile for each MV location and understand trending risk behaviors. We use this data to drive our refresher training, safety messaging, and safety event topics. Page 460 of 520 APPENDIX B-7: TRIPSHOT INFORMATION Page 461 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix B-7: TripShot Information TripShot's GPS integration monitors True-Time™ vehicle location and activity. With its capacity to capture GPS every second and the intelligence behind TripShot's mapping algorithms, they deliver the most accurate notifications from any CAD/AVL system on the market today. TripShot leverages leading navigation analytics tools, giving it insight into real-time traffic and allowing the system to seamlessly deliver accurate vehicle location regardless of accidents, inclement weather, or signal disruption. This system can integrate all facets of the mobility ecosystem into a single, seamless technology solution capable of serving, connecting, and optimizing all transit networks, public and private. • Route & Schedule Management: This robust route scheduler manages rides by operator, day, vehicle, and shift. Administrators can add, edit, and remove route schedules and build customized geofences around stops—all from a single interface. • Dispatch: An intuitive and easy-to-use operational management interface. This bird’s-eye view gives administrators insights into True-Time™ alerts and problem routes as well as the ability to track vehicle locations and on-time performance. Users can search and track an individual ride or vehicle or monitor the entire operating fleet. • CAD/AVL & GPS Playback: Allows for monitoring of vehicle location and activity. With its capacity to capture GPS every second, paired with the intelligence behind TripShot’s mapping algorithms, this delivers accurate notifications. This feature leverages leading navigation analytics tools, giving it insight into real-time traffic and allowing the system to seamlessly provide accurate vehicle location regardless of accidents, inclement weather, or signal disruption. • Notifications: Alerts and notifications can be sent to passengers regarding service changes and other rider-facing information. • Analytics & Reporting: Integrated dashboards deliver easy-to-view analytics on key metrics like ridership, on-time performance, total traveled vehicle mileage, on-route mileage, and deadhead mileage. • Mobile Rider App: The app features allow the ability to view route schedules and stop details, receive arrival notifications, and track vehicle location. Page 462 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 2 Page 463 of 520 APPENDIX B-8: FLEXIBLE TRANSIT SERVICE PROPOSAL Page 464 of 520 © 2023 MV Transportation, Inc. All rights reserved.1 Englewood, CO Flexible Transit Service Opportunity November, 2023 Pa g e 4 6 5 o f 5 2 0 2 © 2023 MV Transportation, Inc. All rights reserved. Explore Flexible Transit Service Opportunities Pa g e 4 6 6 o f 5 2 0 GRAPHIC OR ADDITIONAL PHOTO(S) AREA © 2023 MV Transportation, Inc. All rights reserved.3 Overview of Englewood Social Demographics Young (Median age 36.1), Lots of single, High Percentage of Rental House, about 30% senior and youth, carpool and public transportation 13% mode share Pa g e 4 6 7 o f 5 2 0 GRAPHIC OR ADDITIONAL PHOTO(S) AREA 4 © 2023 MV Transportation, Inc. All rights reserved. •Population Density for Englewood Co: 5127.8 per mi2= 33642/6.56. Density inside a quarter mile station area likely to be significantly higher. •An addresses hotspot (Kent place apartment/shopping Mall) are located outside the trolley service area on the right side of the map. Pa g e 4 6 8 o f 5 2 0 GRAPHIC OR ADDITIONAL PHOTO(S) AREA 5 © 2023 MV Transportation, Inc. All rights reserved. Addresses with 10 or more Living Units Addresses with Commercial Building Types Pa g e 4 6 9 o f 5 2 0 GRAPHIC OR ADDITIONAL PHOTO(S) AREA 6 © 2023 MV Transportation, Inc. All rights reserved. •Hampden Ave (where trolley service is) and Broadway Ave (which runs in north south direction) have frequent transit services (5-20 mins frequency. North of Hampden and west of Broadway have the highest frequency. Pa g e 4 7 0 o f 5 2 0 GRAPHIC OR ADDITIONAL PHOTO(S) AREA 7 © 2023 MV Transportation, Inc. All rights reserved. 13888 21389 0 5000 10000 15000 20000 25000 1 Jobs vs Employed Residents within a Quarter Mi Station Area (Data Source: 2020 LEHD) Jobs EmpRes •3-4 EmpRes per Acre •5-6 Jobs per Acre •About 35% Jobs filled by workers residing in other cities Pa g e 4 7 1 o f 5 2 0 GRAPHIC OR ADDITIONAL PHOTO(S) AREA © 2023 MV Transportation, Inc. All rights reserved.8 Addresses by Building Type Inside vs Outside 0.25 Mile Transit Station Area •Residential units with relative higher density are mostly located inside 0.25-mile station area. •Most Commercial and Office buildings are location inside 0.25-mile station area. Inside 0.25 Mile Station Area Outside 0.25 Mile Station Area Total # of Addresses Re s i d e n t i a l SINGLE FAMILY 5520 2977 8497 APARTMENTS 1041 185 1226 TOWNHOUSE 586 219 805 CONDOMINUM 430 3 433 MOBILE HOME 190 2 192 RESIDENTIAL DORMATORIES 6 0 6 OTHER 15 15 30 No n -Re s i d e n t i a l COMMERCIAL 922 68 990 OTHER 503 762 1265 VACANT 474 30 504 WAREHOUSE/STORAGE 252 282 534 EXEMPT 119 31 150 MIXED 96 15 111 Pa g e 4 7 2 o f 5 2 0 GRAPHIC OR ADDITIONAL PHOTO(S) AREA 9 © 2023 MV Transportation, Inc. All rights reserved. Recommendations •Alternative 1: Provide Microtransit services for 6:00PM to 9:00PM and possible other off-peak hours or weekends when the fixed route service was insufficient or lacking for trips within the boundary of Englewood city. (Analysis of transit service to identify time gap will be conducted.) •Alternative 2: Supplement existing transit services by providing point deviation flexible transit service with fixed schedule (for example every 10-15 minutes) at candidate locations such as a trolley station (the one at the intersection of Hampden Ave and Broadway Ave), Swedish Medical Center, Craig Hospital, Kent Place apartments/shopping mall. Other trip ends could be any address within the boundary of the City but outside the one-quarter-mile walkshed of any transit stop or any high frequency transit stop. Only trips among candidate locations or between a candidate location and the area outside the walkshed are allowed for flexible transit service. This limitation is to make sure that the more convenient flexible service doesn’t take away ridership from more efficient fixed route service. •Alternative 3: Per RFP, replace fixe routes with route deviation flexible transit service which allows deviation up to a quarter mile or a half mile from its designated fixed route. Based on our initial land use analysis, most transit demands are likely located within a quarter mile of existing transit station areas. Ridership information is needed to determine whether it is a good idea to replace more efficient fixed routes with Microtransit entirely or partially. Pa g e 4 7 3 o f 5 2 0 THANK YOU 10 © 2023 MV Transportation, Inc. All rights reserved. Pa g e 4 7 4 o f 5 2 0 APPENDIX B-9: ITEMS FOR DISCUSSION Page 475 of 520 REQUEST FOR PROPOSALS TO PROVIDE CONTRACTED OPERATIONS, MAINTENANCE, AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY IN THE CITY OF ENGLEWOOD, COLORADO / RFP # 23-040 MV TRANSPORTATION, INC. / (972) 391-4600 / mvtransit.com 1 Appendix B-9: Items for Discussion Pursuant to the RFP and Addendum #1, if MV Transportation is awarded the contract, we look forward to discussing the following contract elements: • Certain Insurance requirements may be negotiated with the awarded Contractor. • Certain Price adjustments may be negotiated with the awarded Contractor in accordance with the contract and annual increases are generally anticipated. • The City will consider adding the proposed language: Any back-up vehicle that is older than five years shall be used in service only with the express approval of the City. • Contract options may be negotiated with the awarded Contractor in the final contract, and it is expected that the options would be exercised by mutual agreement. • The City anticipates discussing with the selected contractor alternative approaches for the ownership/leasing and servicing of vehicles. Page 476 of 520 APPENDIX B-10: ADDENDUM #1 Page 477 of 520 ADDENDUM NO. 1 RFP-23-040 CONTRACTED OPERATIONS, MAINTENANCE AND SUPPORT SERVICES FOR THE ENGLEWOOD TROLLEY November 14, 2023 Administrative Clarifications BIDDERS MUST SUBMIT PROPOSALS no later than 2:00PM MST Thursday, November 30, 2023. All submittals shall be submitted via BidNet – no hard copy proposals will be accepted. Electronic submissions will be accepted online via Rocky Mountain E-Purchasing Systems (RMEPS), www.bidnetdirect.com/colorado. Questions or technical difficulties should be directed to the websites’ Vendor Support Team, (800) 835-4603, option 2. Clarifications As referenced on page 11 of the RFP, please note that the fuel to be supplied by the City at the Englewood Service Center (2800 South Platte River Drive, Englewood, CO) is paid for by the City. Attachments • Ridership by Hour Vendor Questions 1) Question: Do you have any data from previous years that breaks down ridership per hour of the day, day of week or per stop? Response: See attached Ridership by Hour 2) Question: Attachment C: Anticipated Insurance Requirements, 1) c) This section states, “With respect to the interests of the City, the Contractor’s insurance shall not be canceled nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the Risk Manager, City of Englewood, 1000 Englewood Parkway, Englewood, Colorado 80110, and shall contain an unequivocal clause so stating.” We respectfully request that the City revise to reflect the following language, “With respect to the interests of the City, the Contractor’s insurance shall not be canceled until after thirty (30) days written notice shall have been sent by mail to the Risk Manager, City of Englewood, 1000 Englewood Parkway, Englewood, Colorado 80110.” Commercial insurers provide 30 days advance written notice of cancellation to third parties by standard US mail. They do not provide advance notice of reduction in coverage or limits and do not send notifications by certified, return receipt requested mail. Response: Insurance requirements may be negotiated with the awarded Contractor. 3) Question: Attachment C: Anticipated Insurance Requirements, Description Limits This section states, “Automobile Liability (must be written on an Occurrence Form): $5,000,000 (X) Owned Automobiles Page 478 of 520 (X) Non-owned/Hired Automobiles (X) Garage Keeper’s Legal Liability” We respectfully request that the City revise to add the following language, “Automobile Liability (must be written on an Occurrence Form): $5,000,000 (X) Owned Automobiles (X) Non-owned/Hired Automobiles (X) Garage Keeper’s Legal Liability with a limit of $1,000,000” Garage keeper’s legal liability coverage provides coverage for damage to a vehicle that the Contractor is servicing. $1,000,000 is a sufficient limit for a vehicle being serviced by the Contractor. Response: Insurance requirements may be negotiated with the awarded Contractor. 4) Question: There is no mention of a DBE Goal or Good Faith Effort requirement in the RFP. Please confirm there is no DBE goal or Good Faith Effort required for this project. Response: To confirm, there is no formal DBE or Good Faith Effort required. 5) Question: We respectfully request that the City include a provision that provides for price adjustments if Contractor’s costs increase or revenue decreases as a result of (i) changes to the scope of work/service hours requested by the Authority, (ii) changes in laws, rules, regulations, etc. applicable to the services to be provided by Contractor, and/or (iii) wage increases necessary for Contractor to be able to recruit and retain qualified employees as a result of an increase in the minimum wage in the City or surrounding jurisdictions; and (iv) costs incurred in response to a federal, state, or local state of emergency (including the COVID-19 pandemic or similar national emergency), including providing personal protective equipment, supplies, staffing, and additional services (including additional health and safety services or requirements). If the parties are unable to agree on a rate adjustment, then either party may terminate the contract upon 120 days written notice to the other party. Contractor needs price protection for changes requested by the Authority or matters that were not contemplated at the time of Contractor’s proposal. Response: Price adjustments may be negotiated with the awarded Contractor in accordance with the contract and annual increases are generally anticipated. 6) Question: RFP Page 12, Section 3.2 This section requires that Contractor-provided vehicles must be available for inspection by City staff prior to contract award. Please confirm that a detailed description and specification of any NEW vehicle(s) that might be proposed but have not yet been delivered is sufficient. Any new vehicle would be presented for inspection by City staff at the time of delivery. Response: The described alternative approach will be acceptable. 7) Question: RFP Page 12, Section 3.2 This section requires that the backup vehicle meet the same criteria as the primary vehicles, presumably including a maximum age of five years. Would the City consider removing this requirement? If not, would the City consider adding, “Any back-up vehicle that is older than five years shall be used in service only with the express approval of the City.”? Response: For the contract, the City will consider adding the proposed language. 8) Question: RFP Page 5, Section 1.1 – RFP Overview Please confirm Year 1 of the contract is for a period of nine (9) months, covering April 1, 2024, to December 31, 2024. Response: The approximate 9-month term for 2024 is confirmed. This may be mutually adjusted to reflect the length of the mobilization period. The City has generally anticipated that the initial contract year expires on December 31, 2024 so that subsequent option years would also be co-terminous with calendar years. However, the City is open to discussing an initial contract year which would be a full twelve (12) months. Page 479 of 520 9) Question: RFP Page 5, Section 1.1 – RFP Overview Would the City revise the initial term of the contract to cover five (5) years or a minimum period of at least three (3) years? Proposers may have to factor for significantly higher vehicle costs if the term is shorter. Response: Due to the annual appropriation limitations of the City’s budget (generally true for all municipalities), the formal term of the contract is limited and is generally addressed through the referenced four (4) option periods. Proposers may want to consider pricing the risk of a term of engagement which is ultimately shorter than five (5) years into the allocated pricing of vehicles and/or propose other vehicle cost-sharing mechanisms for the effective length of this Operator engagement in the event that it is ultimately shorter than five (5) years. The City would expect to review various approaches with the awarded Contractor. 10) Question: RFP Page 5, Section 1.1 – RFP Overview Would the City confirm that contract option periods will be exercised by mutual agreement? Response: Contract options may be negotiated with the awarded Contractor in the final contract, and it is expected that the options would be exercised by mutual agreement. 11) Question: Appendix D – Suggested Pricing Form The suggested pricing form has columns for only three years. Please provide clarification on whether pricing is required for the full five (5) year total term of the Contract. Please provide a revised suggested pricing form or instruct all bidders to provide five (5) years of pricing. Response: Proposers are requested to limit pricing to 2024, 2025 and 2026. Even though the effective overall term of the contractual relationship may total five (5) years (the initial year plus up to four (4) one-year renewal options, it is expected that pricing, especially for later renewal years, will be the subject of related discussions between the City and the Contractor at that time. 12) Question: RFP Page 22, Section 4.2 – Submittal Format Part 4 – Pricing Proposal is not listed as among the sections excluded from the 40-page proposal limitation. Would the City please clarify if the Pricing Proposal can be excluded from the proposal page limitation? Response: The Pricing Proposal portion of the Proposal should be included in the 40-page total limitation. 13) Question: RFP Page 8 How will the service accommodate an on-demand service? Will this service be phased in? Is on- demand service intended to be supplemental or a replacement of the fixed route service? Response: It is anticipated that any on-demand service will be phased in based on collaborative discussions between the City and the selected Contractor and that on-demand service would be supplemental to the fixed route service. 14) Question: Page 10, Section 3.1 - Overview The City is open to discussing where the vehicles are stored and serviced. Does the City have a location in mind where this activity may occur? Please provide the address of such a location and a description of the facility. Please clarify if under this model the City would own and maintain the vehicles or if space would be provided for Contractor employees to perform vehicle maintenance on Contractor-provided vehicles. Response: The City’s possible location for vehicle storage and service is at the Englewood Service Center facility, 2800 South Platte River Drive, Englewood, Colorado. This is the facility where the City’s fleet of vehicles are stored and serviced (and where the fuel is to be supplied to the Contractor, as paid for by the City at its cost). The City anticipates discussing with the selected contractor alternative approaches for the ownership/leasing and servicing of vehicles. 15) Question: Appendix D – Suggested Pricing Form Please confirm that pricing for the alternatives is meant to be submitted as the incremental increase for the alternative and not the total (base plus the alternative). Response: To confirm, pricing for the identified five (5) additional service alternatives is requested to Page 480 of 520 be in addition to the pricing provided for the current baseline level of service (not the total of the two). 16)Question: Appendix D – Suggested Pricing Form If the City decides to implement more than one alternative, will the City and Contractor renegotiate the price as the combination of alternatives could drive incremental cost that a sole alternative may not drive? Response: The City intends the implementation of alternatives to be a collaborative process and that pricing will need to be mutually adjusted to reflect the combined operational impacts of the selected alternatives as and when implemented. It is anticipated that the subject contract will reflect this approach. ACKNOWLEDGEMENT TO ADDENDUM #1 Signature below indicates that applicant has read all the information provided above and agrees to comply in full. This addendum is considered as a section of the Request for Proposal RFP-23-040 and therefore, this signed document shall be considered and fully submitted with the original package. ___________________________________________ ___________________________ Signature Date _______________________________________ ________________________ Print Name Title ___________________________________________ Company Name Dorothea DePrisco Assistant Corporate Secretary MV Transportation, Inc. 11/15/2023 Page 481 of 520 Price Proposal 10/26/2023 Creative Bus Sales offers dedicated sales, parts, and service departments to help you in all stages of bus ownership. Our customers benefit from our strong manufacturer partnerships, the largest in-stock inventory, and a nationwide team of experts. As a family-owned business with experience in the transportation industry since 1980, it’s no coincidence that we’ve grown to become the nation’s largest bus dealership. 2024 Starcraft Allstar XL 32’ Sales Experience Nationwide Network 550+ Years of Collective Bus Sales Experience Servicing Over 1,500 Customers Annually 22 Full-Service Locations Nationwide Partners with 25+ Top Manufacturers Competitive Pricing In-House Financing Volume Discounts Fixed Contract Pricing Seamless Transactions Flexible Structures 41 22 350+ 1,500 Years In Business Nationwide Locations Dedicated Employees Annual Customers Page 482 of 520 2024 STARCRAFT ALLSTAR XL 32’ TRANSIT BUS - 30 SEATED PASSENGERS OR - 28 + 1 WHEELCHAIR OR - 24 + 2 WHEELCHAIRS 2024 FORD F550 XL CHASSIS WITH 19,500LB. GVWR 7.3L V8 GASOLINE ENGINE Page 483 of 520 GASEOUS FUEL PREP PACKAGE - HARDENED VALVES & VALVE SEATS 5 SPEED AUTOMATIC TRANSMISSION TILT STEERING WHEEL MOR-RYDE COMFORT RIDE REAR SUSPENSION ALTRO META W/YELLOW STEP NOSING - FLOOR COLOR: STORM TA733 SUPER 13 87,000 BTU A/C WITH ROOF MOUNTED CONDENSOR HOT WATER HEATER, 65K BTU PRIORITY SEATING SIGN STARCRAFT CIRCUIT BOARD LIFT INTERLOCK BACK-UP ALARM SAE TYPE C 97 DBA REAR VISION CAMERA WITH MONITOR CEILING GRAB RAIL (2) 1 1/4" GRAB RAIL PARALLEL TO ENTRANCE STEPS (BOTH SIDES) MID HIGH DOUBLE SEAT (12) ANTI-VANDAL GRAB HANDLE, BLACK (13) - AISLE SIDE ONLY SEAT BELT, NON-RETRACTABLE (30) SEAT BELT LOOP – (30) FRONT DESTINATION SIGN PREP PACKAGE SIDE DESTINATION SIGN PREP PACKAGE DELUXE AM/FM / CD /WITH MIC INPUT & CLOCK, 4 SPEAKERS PA MODULE ADDED TO STEREO SYSTEM ADDITIONAL SPEAKER (2) - MOUNT TWO OF THE SPEAKERS IN FRONT BULKHEAD PADDED VINYL INTERIOR (WALLS AND CEILING) SEAT COVER - LEVEL 1 NEWPORT VINYL; OXEN VINYL; OLEFIN FLIP SEAT, DOUBLE FREEDMAN FEATHERWEIGHT MID HIGH (2) FOLDAWAY DOUBLE FLIP SEAT (1) BRAUN CENTURY NCL954-2 1,000LB WEIGHT RATING WITH 34” X 54” PLATFORM WHEELCHAIR DECAL (INTERNATIONAL SYMBOL OF ACCESSIBILITY) Q-8301-L MAX RETRCTR TIE DOWN,Q8-6326-A1 COMB LAP/SHLDR,L TRK (2) DOUBLE WHEELCHAIR DOORS W/ WINDOWS, INTERIOR LIGHT, LEAF SPRING FIRE EXTINGUISHER FIRST AID KIT TRIANGLE FLARE KIT FORD CPA DISCOUNT FORD MOBILITY DISCOUNT WARRANTY STARCRAFT LIMITED WARRANTY: 60 MONTHS / 100,000 MILES STARCRAFT STRUCTURAL WARRANTY: 60 MONTHS / 100,000 MILES FORD CHASSIS: 36 MONTHS / 36,000 MILES FORD POWERTRAIN: 60 MONTHS / 60,000 MILES TRANS AIR A/C: 60 MONTHS / 100,000 MILES BRAUN WHEELCHAIR LIFT: 60 MONTHS / 100,000 MILES PRICE FOB ENGLEWOOD, CA $196,460* *Price does not include tax, license, or DMV fees. *Price good for 45 days. Page 484 of 520 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: August 19, 2024 SUBJECT: Revisions to Council Policies regarding Public Comment, Other Matters DESCRIPTION: Amendments to Council Policies, as directed by City Council at its March 11 study session and April 15 regular meeting RECOMMENDATION: Consider amending Council Policies manual by motion PREVIOUS COUNCIL ACTION: March 11, 2024: Study Session to discuss public comment amendments to Council Policies manual April 15, 2024: City Council meeting to discuss amendments to Council Policies Council Request from Council Member Prange re online public comment July 21, 2024: Motion to consider updated Council Policies tabled to August 19, 2024 SUMMARY: At least annually, City Council reviews and considers updates to its City Council policies. On March 11, 2024, City Council held a study session specifically to discuss revising its public comment policies. This agenda item formally implements by motion those changes receiving consensus approval at the study session, and to consider additional revisions to the Council policies manual identified by staff as detailed below. After discussion at the April 15, 2024 meeting, the proposal to eliminate online public comment has been removed. To that end, the proposed substantive revisions to Council policies are as follows: PUBLIC COMMENT Limit public comment to three minutes per speaker, and 60 minutes total Start public comment clock when speaker starts speaking, unless Mayor states otherwise Prioritize speakers based on order of sign-up, but if spoke in last 90 days, placed at bottom of the list of speakers (and note that if time does not allow all to speak, then can submit written comment or sign up for next meeting) No electronic materials (such as presentation, photos, video) may be shown during public comment Page 485 of 520 Clarifies that speakers shall provide first name and last name, and address/cross streets/city of residence if outside of Englewood to the City Clerk prior to public comment; no one shall be recognized or allowed to speak if they refuse to provide Authorizes the City Clerk to treat residential address information as confidential, if speaker expresses a safety concern and allowed by applicable law No one may give City Council anything during public comment, except written materials OTHER UPDATES Incorporate by reference Municipal Code regarding Regular meetings and meeting holiday schedule, to eliminate conflicting detail (p. 6) Clarify that Council Members may waive, for themselves, written notice of a special meeting (p. 7) Clarify that no person may disrupt a meeting in any way, not just through boo, clap, yell, speak (p. 11) Requires cameras/recording in camera alcove at back of Council chambers to eliminate distractions, tripping hazards, unobstructed views (p. 12) Formalize current procedure for meeting cancellation/rescheduling, such that study sessions and special meeting are cancelled by announcement, or notifying Council and posting notice; and a Regular Meeting through a Resolution if feasible (p. 13) Amendment to grant applications policy to clarify that annual grants for which the City has previously applied for and received does not require prior City Council approval for applications; grant applications policy raised to $125,000 to mirror new contract approval thresholds (p. 25) Clarify that Council Members may obtain City insurance, if policies allow (p. 15) A red-line version of the Council policies manual showing these revisions is attached. COUNCIL ACTION REQUESTED: Consider revisions to Council Policies manual, and approve revisions by Motion FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Powerpoint Red-line version of Council Policies Manual, showing proposed revisions Page 486 of 520 Council Policy Updates Presented By Tamara Niles, City Attorney Pa g e 4 8 7 o f 5 2 0 Background •City Council has policy manual to guide members and staff on various matters not delineated in Charter or Municipal Code •City Council requested City staff propose various amendments, and City staff independently identified proposed amendments •City Council discussed revisions to public comment policies on March 11 study session, and majority consensus direction provided to staff for policy revisions •Council Policies are adopted by Motion approved by a Council majority present •Changes to public comment policies also require change to EMC 1-5-2-9, through separate ordinance Pa g e 4 8 8 o f 5 2 0 Public Comment: Addressing City Council •Limit to three minutes per speaker, 60 minutes total •Start clock when start speaking •Speak in order of sign-up, unless spoke in last 90 days •No A/V, electronic materials •Require first name and last name and address information provided to City Clerk prior to public comment; clarifying will not be allowed to speak if refuse •Authorizing City Clerk to treat as confidential address information for safety concerns (such as victims of crime) •Clarify that only written materials (and nothing else) may be provided to Council by a speaker Pa g e 4 8 9 o f 5 2 0 Recording During Meetings •Distractions: flash photography; audience speaking into camera; cameras/recorders set up/removed during City Council business •Equipment blocks staff/meeting attendee views •Equipment/cords create tripping hazards •Alcove in back of Council chambers designed for private cameras and video recorders •Proposed revision prohibits flash photography, and requires private cameras and video recorders only allowed in the Council Chambers alcove constructed for this purpose •Exception: Immediately after a Council recognition Pa g e 4 9 0 o f 5 2 0 Clarification to Align with Practice •Eliminate conflict between Municipal Code and policies regarding Council meeting holiday schedule •Clarify that Council Members may waive, for themselves, written notice of a special meeting •Clarify that no person may disrupt a meeting in any way, not just through boo, clap, yell, speak •Formalize current procedure for meeting cancellation/rescheduling, such that study sessions and special meetings are cancelled by announcement, or notifying Council and posting notice; and a Regular Meeting through a Resolution if feasible Pa g e 4 9 1 o f 5 2 0 Changes from last presentation: •New clarifications to align with current practice: •Clarify that regular annual City grant applications don’t require prior Council approval •Clarify that City Council members may receive City insurance benefits if allowed under City insurance policies •Public comment, to align with April 15 Council discussion: •Removed proposal to eliminate online public comment •Start clock when start speaking, not when Mayor calls name •Eliminate A/V materials option—limit public comment to comment only Pa g e 4 9 2 o f 5 2 0 Questions? Pa g e 4 9 3 o f 5 2 0 City of Englewood City Council Policies 2024 CITY OF ENGLEWOOD | 1000 Englewood Pkwy, Englewood, CO 80110 Approved INSERT Page 494 of 520 City of Englewood/Council Policy and Procedures Page 1 | 26 TABLE OF CONTENTS Page # I. Establishment of City Council Policies 4 Establishment 4 Amendment 4 Suspension of Rules 4 II. Officers and Employees 4 Presiding Officer 4 Mayor 4 Mayor Pro Tem 5 Temporary Chairperson 5 Officers and Employees to Attend City Council Meetings 5 City Manager 5 City Attorney 5 City Clerk 5 Department Directors/Employees 5 III. Meetings 6 Order of Business 6 Meetings – Open to the public 6 Distribution of Agenda and Agenda Packet 7 Minutes of the Meeting 7 Roll Call 7 Quorum 7 Summary of Minutes 7 Consent Agenda 8 Ordinances, Resolutions, Motions 8 Preliminary Matters 8 Ordinances 8 Emergency Ordinances 9 Resolutions 9 Motions 9 Addressing City Council 9 Verbal Communications 9 Scheduled Public Comment 10 Unscheduled Public Comment 10 Written Communication 10 Off-agenda Topics 10 Manner of Addressing Council/Time Limit 10 Public Hearing 11 Voting 11 IV. Policy Regarding Rules of Decorum 11 General 11 Seating Arrangement 11 Personal Privilege 12 Excusal during Meeting 12 Obtaining the Floor/Recognition by Chairperson 12 Page 495 of 520 City of Englewood/Council Policy and Procedures Page 2 | 26 Interruptions 12 Dissents and Protests 12 Study Session Policy 12 Provide Material in Advance 12 City Council and Citizen Requests 13 City Council Communications 13 Direction by Consensus 13 Garrett Rule 13 Woodward Rule 13 Public Meeting Policy 13 Agenda Materials 13 Burns Rule 13 Consent Agenda Protocols 13 Debate Decorum 13 Be Gracious and Respectful at all Times 13 Remain Silent 13 Interpersonal Behavior 14 Be Attentive 14 Take Time to Negotiate 14 Personality Conflicts 14 Use of Electronic Devices 14 V. Discretionary Funds and Benefits 14 Allocation 14 Limitation on out-of-state travel 14 Publications/Printed Materials 14 Membership Dues 14 Meals 14 Computer Supplies/Technology 14 City Issued Credit Cards and Receipts 15 Reimbursements 15 Fair Campaign Practices Act 15 Charitable Contributions 15 Constituency Communication 15 Blackout Period 16 Postage Costs– Mass Mailings 16 Holiday Greetings prohibited 16 Pre-stamped envelopes 16 VI. Travel 16 Approval 16 Documentation 16 Fiscal Responsibility 16 Reconciliation of Prior Travel 16 Monitoring Policy 16 Publication of Expenditures 16 Out-of-State Travel 16 Expense Repayment 16 Page 496 of 520 City of Englewood/Council Policy and Procedures Page 3 | 26 VII. Communications Policy 17 Private E-mail Service 17 Official Custodian 17 CORA Statement 17 E-mail Communications 17 Retention Policies Applicable to E-mail Communications 18 E-mail Management Policy 18 VIII. City Council Vacancies 18 Resignation of a City Council Seat 18 Vacancies 18 Vacancy created by Mayor 19 Date of mandatory vacation of office 19 Procedure for selecting a successor 19 Term of Successor 19 Multiple Vacancies 19 IX. Electronic Participation 19 Purpose 19 Statement of Policy 20 Procedures 20 Quorum 20 Chairperson 20 Executive Session 20 X. Personnel 21 Annual Evaluation of City Officers 21 Annual Wage Adjustment 21 Timeline/Procedure 21 Meeting with City Officer 21 Municipal Court Judge/Municipal Court Budgetary Issues 21 XI. Agenda Setting 21 Mayor/City Manager meeting 21 City Manager: Authority to set agenda items 21 City Council Members: Authority to set agenda items 22 Proclamations 22 XII. Admonition and Censure of Council Members 23 Policy of Legal Compliance 23 Authorized Actions of City Council 23 Public Censure 24 Page 497 of 520 City of Englewood/Council Policy and Procedures Page 4 | 26 I. ESTABLISHMENT OF CITY COUNCIL POLICY AND PROCEDURE A. Establishment. The City Council shall adopt a Policy Manual. Adoption of Council policy shall be by Motion in public session and shall thereafter be included in a Council Policy Manual. B. Amendment. These rules may be amended or new rules adopted by majority vote of all members of the City Council. It is preferred that any such amendment(s) shall be submitted in writing at the preceding regular meeting and shall be placed on the agenda of the City Council. Any change to Council Policy shall be accomplished in the same fashion as a new policy. C. Suspension of Rules. Any provision of these rules not governed by the City Charter or City Code may be temporarily suspended, amended, or changed at any meeting of the City Council by a majority vote of all members of the City Council. The vote on any such suspension shall be taken by ayes and nays and entered in the record. Resolution No. 48, Series of 1990 II. OFFICERS AND EMPLOYEES A. The Presiding Officer. 1. Mayor. a. Charter § 24. After each general municipal election, the City Council shall elect from their own number a Mayor who will be the presiding officer entitled to vote. The Mayor shall have no veto power and shall serve at the will of the City Council. The Mayor shall be recognized as head of the City Government for all ceremonial purposes and shall execute and authenticate legal instruments requiring their signature as such official. b. Term. A Mayor shall serve for two years unless removed by action of a majority of the City Council. c. Election Procedure. The presiding officer of the City Council shall be the Mayor who shall be elected by majority vote of the members of the City Council. Generally, such election shall take place at the swearing-in and seating of a newly-elected Council after each general municipal election, or following an action to remove the Mayor, or after a Mayor should resign from such position, or as needed. d. Duties and Authority. 1) Rules of Procedure and Decorum. The presiding officer shall preserve strict order and decorum at all regular and special meetings of the City Council. The presiding officer shall conduct the meetings in conformance with the adopted Rules of Procedure. 2) Duties. The Mayor shall call every meeting of the City Council to order. The Mayor shall, in conformance with the adopted Rules of Procedure, state every question coming before the City Council, announce the decision of the City Council on all subjects, and decide all questions of order, subject to the adopted Rules of Procedure. 3) Appointments by the Mayor. Except when otherwise provided by State law, nominations to boards/commissions/committees shall be by general consensus of the body. An action to approve and accept such nomination by regular motion or resolution shall be placed on the agenda for the next regular meeting and approved Page 498 of 520 City of Englewood/Council Policy and Procedures Page 5 | 26 by majority vote of the body present. The effective date of such appointment shall be as provided by law, or as determined by action of the City Council. 4) Voting. The Mayor shall vote on all questions, their name being called last in roll- call votes. 5) Communications. The Mayor shall supply copies of all mailings/communications sent on behalf of the City or City Council to the City Council for informational purposes and comment prior to mailing or publicizing such mailings/communications. The City Manager or Mayor or City Council may designate staff to compose or prepare letters sent on behalf of the City over the mayor's signature. 2. Mayor Pro Tem. a. Election. The Mayor Pro Tem shall be elected by the members of the City Council at the swearing-in and seating of a newly-elected Council after each general municipal election, or as needed. b. Authority. The Mayor Pro Tem shall serve as Mayor during the absence or disability of the Mayor and, in case of a vacancy in the office of the Mayor, pending a selection of a new Mayor. c. Duties. While serving in the capacity of Mayor, the Mayor Pro Tem shall have all powers of the Mayor, including signing all ordinances and contracts approved at any meeting over which the Mayor Pro Tem did preside. 3. Temporary Chairperson. In the absence of the Mayor and Mayor Pro Tem, the City Clerk or Deputy City Clerk shall call the City Council to order, whereupon a temporary chairperson shall be elected by the members of the City Council. Such temporary chairperson shall serve as presiding officer of the City Council until the arrival of the Mayor or the Mayor Pro Tem, at which time the temporary chairperson shall relinquish the chair upon the conclusion of the business immediately before the City Council. When necessary, the temporary chairperson shall serve until the election of a new Mayor and Mayor Pro Tem. B. Officers and Employees to Attend City Council Meetings. 1. City Manager. The City Manager, or the Manager’s designated representative, shall attend all meetings of the City Council posted in accordance with the Colorado Open Meetings Law, unless excused by the City Council. The Manager shall carry out all duties as set forth by Charter, and within the established job description. The Manager may make recommendations to the City Council upon any matter requiring action of the City Council, and may take part in discussions on all matters concerning the welfare of the City. 2. City Attorney. The City Attorney, or the Attorney’s designated representative, shall attend all meetings of the City Council posted in accordance with the Colorado Open Meetings Law, except the City Attorney may be excused by the City Council from study sessions where no official business of the City is anticipated to occur, including meetings with elected State or Federal representatives, interviews for volunteer positions, and similar meetings. The City Attorney is the legal representative of the City, and advises the City Council and City Officials in matters related to their official duties and powers. 3. City Clerk. The City Clerk is the clerk of the City Council. The City Clerk, or the Clerk’s designee, shall attend all meetings of the City Council, unless excused by the City Council. The City Clerk shall be responsible for providing agenda packets to members of the City Council, provide draft minutes to the members of the City Council the Thursday before such minutes are to be approved, assisting the Mayor with monitoring parliamentary matters, taking and announcing the vote upon all actions of the City Council, keeping the minutes of the meeting, and such other and further duties in the meeting as may be ordered by the Mayor, City Manager or City Council. Page 499 of 520 City of Englewood/Council Policy and Procedures Page 6 | 26 4. Department Directors/Employees. Department directors, city officers, or any employee of the City, when requested by the City Manager, shall attend any regular or special meeting, or study session, and confer with the City Council on matters relating to the business of the City. In conformance with Charter §32, officers and employees reporting to the City Manager shall not interact with the presiding officer, unless the presiding officer or the City Manager specifically authorizes direct interaction. III. MEETINGS A. Order of Business. The agenda of the City Council shall be as follows except where otherwise decided by a majority vote of City Council members present at said meeting: 1. Call to order. 2. Pledge of Allegiance. 3. Roll Call. 4. Consideration of minutes of previous session. 5. Recognition of Scheduled Public Comment. 6. Recognition of Unscheduled-Public Comment 7. Communications Proclamations and Appointments. 8. Consent Agenda items. 9. Public Hearing items. 10. Ordinances, Resolutions and Motions. 11. General Discussion: (the order of the following at discretion of Mayor) a. Mayor’s Choice. b. Council Member's Choice. 12. City Manager's report. 13. City Attorney's report (if requested by City Attorney). 14. Adjournment B. Meetings - open to public. All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed, or at which any formal action may be taken are declared to be public meetings open to the public. 1. "Meeting" means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication. See C.R.S. 24-6-402. 2. "Local public body" means any board, committee, commission, authority, or other advisory, policy- making, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body. 3. Regular Meeting. Regular meetings of the City Council shall be held as established by EMC § 1-5-2-1. 4. Special meetings. Special meetings of the City Council may be called in the manner and at the time provided for by Bob’s Rules of Order, the rules of procedure of the City Council, and applicable Municipal Code. a. Authority to Convene. The Mayor shall call special meetings of the City Council whenever in the Mayor’s opinion the public business may require it, or at the express written request of any three (3) members of the City Council. b. Notice. Whenever a special meeting shall be called, a summons or a notice in writing signed by the Mayor or City Manager shall be served upon each member of the City Council, either in person, or by both telephone and e-mail, or by notice left at their Page 500 of 520 City of Englewood/Council Policy and Procedures Page 7 | 26 place of residence, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted except such as is stated in the notice. Members of the City Council may notify the City Clerk of their preferred method of notice. Notice of a special City Council meeting may be announced by the Mayor at any regular City Council meeting and when so announced, a written notice shall not be required. Notice of a special City Council meeting, whether written or oral, shall be served upon each Council Member at least twenty-four (24) hours before the special meeting is to be held; except that any Council Member may waive this notice requirement for themselves and if, after diligent effort is made to give notice of any such meeting to all members of the City Council, notice of the same cannot be given due to an inability to locate any member, a majority of the City Council may waive notice of a special City Council meeting in writing or by affirmative vote at the special meeting and such waiver shall be specifically noted in the minutes of the meeting. Notice may be waived by the entire membership of the City Council in any case. 5. Executive Session. The City Council may call an executive session in conformance with C.R.S. 24-6-402. C. Distribution of Agenda and Agenda Packets. On the Thursday preceding a regular City Council meeting, or at such other day as the City Manager shall determine, the City Manager will make available to each Council Member an agenda showing the order of business and indicating the public hearings to be anticipated as a result of previous action of the City Council, planning or other commissions. Also listed will be ordinances for first or second reading, petitions previously presented to the Clerk’s office and a list of the reports of special committees, the City Manager or City Attorney. The City Clerk shall make agenda packets available to members of the City Council in electronic format by 5:00 p.m. on the Thursday prior to any scheduled meeting of the City Council. Upon request by any Council Member, printed materials will be made available at the same time, or as soon thereafter as practicable. 1. Rita Rule – All Council Members shall receive the same information at the same time in the Council Packet. D. Minutes of the Meeting. Minutes of the meeting shall be action minutes. In conformance with the adopted Rules of Procedure, the Clerk may be directed by the Mayor to enter a synopsis in the minutes of the discussion on any question coming regularly before the City Council. A City Council Member may request, through the presiding officer, the privilege of having an abstract of their statement on any subject under consideration by the City Council entered in the minutes. E. Roll Call. Before proceeding with the business of the City Council, the City Clerk, or their designee, shall call the roll of the members, and the names of those present shall be entered in the minutes. The time at which any member joins or leaves a meeting after it has convened shall also be noted within the minutes. F. Quorum. Pursuant to City Charter, five (5) members of the City Council shall constitute a quorum at any regular or special meeting of the City Council. In the absence of a quorum, the presiding officer may, or at the instance of any three (3) members present, shall, compel the attendance of absent members. G. Summary of Minutes. At each meeting it shall be asked by the presiding officer if there are objections or are corrections to be made to the summary of minutes of the preceding meeting as published. If there are no objections, the summary of minutes shall be approved. Page 501 of 520 City of Englewood/Council Policy and Procedures Page 8 | 26 H. Consent Agenda. The consent agenda is a tool used to streamline City Council meeting procedures by collecting and grouping routine, noncontroversial topics into a single agenda item that can be discussed and passed with a single motion and vote. I. Ordinances, Resolution, and Motions. The City Council shall act only by ordinance, resolution or motion. All legislative enactments must be in the form of ordinances, all other procedures may be in the form of resolutions or motions. All ordinances and resolutions shall be confined to one subject, except in case of repealing ordinances, and the ordinances making appropriations shall be confined to the subject of appropriations. 1. Preliminary Matters. a. Sponsorship. All ordinances and resolutions shall be introduced to the City Council in printed or written form, either electronically or hard copy. b. Attorney Review. All proposed ordinances shall be reviewed by the City Attorney’s Office and bear the certification of the City Attorney that such document is in correct form. c. City Manager. The City Manager shall attach to each proposed ordinance a brief digest of the provision thereof and where it is proposed to amend an existing ordinance (if applicable). Said digest shall indicate the change sought to be made and shall also show the name of the department or party at whose request the proposed ordinance was prepared. 2. Ordinances. Ordinances are used primarily for legislative actions. In addition, by City Charter, certain agreements and certain budgetary matters must be approved by ordinance. a. First reading. At first reading a proposed ordinance is referred to as a “Council Bill.” At second and subsequent readings it is referred to as a “bill for an ordinance.” b. Introduction. A Council Bill may be introduced at any regular meeting, or by petition of the people as provided by the City Charter. c. Sponsor. If a Council Member has requested a Council Bill for an ordinance that person’s name should appear on the ordinance as the sponsor of the Council Bill. d. Action. At the first reading, the Council Bill will have a previously assigned Council Bill number on the document. After a Council Bill is presented to the City Council, it becomes an official document which must be acted upon through approval, failure to approve, tabling, etc. e. Amendment. After introduction and prior to voting upon approval of the Council Bill, the Council Bill may be amended by majority vote of the City Council. A motion must be made to amend the ordinance with the specifics of the amendment identified and stated in the motion. f. Voting. Every ordinance shall require an affirmative vote of the majority of all members of the City Council for approval, even when all members of the City Council are not present at such meeting. g. Motion Form. Ordinances are always dealt with in the positive, therefore the action is always a “motion to approve." The motion is never made to disapprove. h. Publication. Upon approval, the Council Bill as adopted shall be published in full on the City’s official website, and staff may publish by title at other locations, including in the City’s legal newspaper. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published 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 Council Bill was adopted. i. Public Hearing. The City Council may set a day and hour at which the City Council, or a committee of the City Council, shall hold an administrative public hearing thereon. Page 502 of 520 City of Englewood/Council Policy and Procedures Page 9 | 26 1) Kells Rule - Second reading of an ordinance shall not be heard on the same evening as a public hearing. j. Bill for Ordinance. A bill for an ordinance shall be presented for approval at one additional meeting of the City Council, which meeting must be held no earlier than seven days after publication of the Council Bill. k. Second Consideration. Publication dates and notice requirements may dictate that a bill for an ordinance not come back at the next meeting of City Council. l. Second Reading Procedure. Generally, the bill for an ordinance is presented for second reading under the Consent Agenda. All items previously approved may be approved in a batch, or they may be removed from the Consent Agenda. Ordinances approved under the Consent Agenda are automatically assigned a number by the City Attorney’s Office and/or City Clerk and are not individually read by title. m. Consent Agenda Removal. Removal from the consent agenda does not require a motion or vote. Those items removed are considered, individually, after all other consent agenda items have been approved. The procedure for acting upon items removed from the consent agenda should be to deal with the items in the same order as they appear on the agenda, each to be debated and voted upon separately. n. Voting After Consent Agenda Removal. Any bill for an ordinance removed from the consent agenda is procedurally acted upon in the same manner as the initial approval procedure. o. Amendment on Second Reading. The City Council may amend a bill for an ordinance. Approving an amended bill for an ordinance requires the amended bill be treated the same as a Council Bill, requiring re-publication and an additional consideration by the City Council as a bill for an ordinance. p. Approval Twice. Each ordinance of the City must be presented to the City Council and approved in the same form twice, regardless of the number of times a bill for ordinance is amended. q. Second Publication. After the second action to approve, an ordinance shall again be published, by reference or in full at the discretion of the City Council, and such publication shall be made by publishing on the City’s official website or by publication in the newspaper designated by the City Council as the City’s official newspaper, or both. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published 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 ordinance was adopted. r. Summary Publication. Any publication by reference shall contain a summary of the subject matter of the ordinance and a notice that copies of the ordinance are available at the office of the City Clerk. s. Referendum. The referendum period shall apply to all ordinances passed by the City Council, except ordinances making the tax levy, the annual appropriation ordinance, or the ordering of improvements initiated by petition and to be paid for in whole or part by special assessments. t. Effective Date. Except in cases of a filed referendum, all ordinances shall take effect thirty days after publication following final passage. 3. Emergency Ordinances. Emergency ordinances necessary for the immediate preservation of public property, health, peace or safety, must be approved in accordance with City Charter § 41. 4. Resolutions. Resolutions are used for formal approval of non-legislative measures. A resolution is passed upon approval by a majority of the quorum present at the meeting. 5. Motions. Motions are the most common form of official action by the City Council. Motions shall be carried out in conformance with Bob’s Rules of Order as adopted by the City Council and in Page 503 of 520 City of Englewood/Council Policy and Procedures Page 10 | 26 conformance with Charter § 27. Unless otherwise dictated by applicable law or procedure, a motion is passed upon approval by a majority of the quorum present at the meeting. J. Addressing the City Council, EMC § 1-5-2-9. 1. Verbal Communications. Formal verbal communications to the City Council as a body are allowed only at those times provided in the Agenda of a regular meeting, including public comment and public hearings. Interested parties may address the City Council by verbal communications on any matter concerning the City’s business. Speakers should not expect an immediate response. Issues raised may be referred to City staff for follow-up and reported back to the City Council. a. Public comment on a meeting Agenda is limited to no more than three minutes per person, and no more than 60 minutes total. The speaker clock shall begin immediately when the individual begins speaking, unless the presiding officer directs otherwise. Speakers shall be given an opportunity to speak in the order they signed up to speak, except that anyone speaking at public comment in the preceding 90 days shall be placed on the bottom of the speaker list. b. Signing up for Public Comment. Any person may sign up for public comment starting the day after the prior Regular Meeting until Wednesday at 5:00 p.m. prior to the next Regular Meeting, by advising the City Manager (or their designee). Those that wish to speak also may sign up in person immediately prior to the start of a Regular Meeting. c. No electronic materials, such as a presentation, photos, or video, may be presented or shown by a speaker during public comment. Note: The time available for public comment may be limited to assure the matters included in the agenda, upon which the public has been notified action is to be considered, are completed. d. No speaker may yield their allotted time to another speaker, or speak more than once during a meeting’s public comment. No public comment shall be given on any matter scheduled for a public hearing on the same agenda; if the speaker does address the subject of a public hearing during public comment regardless, then the speaker may not also speak during the public hearing. 2. Written Communications. Interested parties, or those that wished to speak at public comment but the comment period expired before they were recognized, may address the City Council by written communication at any time, by sending such written communication to the City Clerk (or their designee), or delivering directly to City Council members either electronically or in hard copy. 3. Off-agenda Topics. In conformance with Open Meetings Law, City Council members shall not respond to community comments upon topics not noted in the agenda. During that portion of the agenda called “Council Member’s Choice” any member of the City Council may 1) request staff research such matter and provide such research to the City Council in the form of a “Council Request,” 2) make a motion to bring any unscheduled matter introduced during public comment to a future study session for study, or 3) make a motion to bring any unscheduled matter to a regular meeting for a defined action. Following approval of the motion by a majority vote, the matter shall be scheduled for a future meeting. 4. Manner of Addressing the City Council. a. No person may address City Council or otherwise interrupt a meeting unless and until recognized by the presiding officer. b. Each person addressing the City Council shall first give to the City Manager’s designee their first name and last name, and to ensure the proper staff or Council Member is assigned to resolve the issue raised when necessary, the speaker’s Englewood residential address or street intersection nearest the address, or the name of a city other than Englewood where the speaker resides. No one shall be recognized to speak during public comment if they refuse to provide this information to the City Manager’s designee prior to public comment Page 504 of 520 City of Englewood/Council Policy and Procedures Page 11 | 26 on the City Council agenda. If the speaker indicates a safety concern, the City Manager’s designee shall treat residential address information with confidentiality, if authorized by Englewood Municipal Code and other applicable law. c. If a member of the City Council asks clarifying questions of the speaker, no person other than the City Council member and the speaker shall be permitted to enter into the discussion, either directly or through invitation of a member of the City Council, without the permission of the presiding officer. d. Presenters may provide City Council Members with hardcopies of presentation materials, handouts, or other written materials by providing such materials to the City Clerk in advance of the meeting or just before they address City Council. Nothing else may be given to City Council by a public comment speaker. e. While City Council has no obligation to respond to questions asked during public comment, a Council Member may respond by making a request to staff during Council Member’s choice as described above, as the designated responding Council Member after the close of all public comment, or if recognized and authorized by the presiding officer. f. While the First Amendment rights of all speakers are recognized and respected, and the City does not regulate any content of public comment, all speakers shall respect the public nature of the forum, and the purpose of the forum to conduct the business of the City, by conveying their message to the City Council in language that avoids profanity and expletives. g. No speaker shall use fighting words or commit any acts that violate the law, such as making or conveying threats of violence or harm, committing disorderly conduct, or attempting to influence a public servant in violation of CRS § 18-8-306. h. In order to ensure that all City Council meetings are conducted democratically and effectively, and so that City Council and all members of the public have a full, fair, and equal opportunity to be heard, no person shall take any action to disrupt a meeting, and shall not boo, clap, yell, speak off-mic, or speak in response to or during a speaker’s comments without being recognized by the presiding officer. i. The presiding officer shall advise any person of a violation of these rules; despite the foregoing, any person interrupting a meeting may be given a verbal warning where practicable, and may be removed from the meeting and/or prosecuted for violations of law without warning. K. Public Hearings. 1. Speakers. All persons desiring to be heard on a particular issue at a public hearing before the City Council shall sign up in advance of the public hearing. They shall provide their names, addresses, and indicate whether they are speaking for or against an issue, or are neutral. Each person on the list will be called to the podium (or recognized virtually), and before speaking will attest/swear to the truthfulness of the testimony presented. Speakers at public hearings are limited to the presentation of testimony, or other evidence, upon the pending matter, and may not question others in the room, call others to testify, or cede their time to other speakers. 2. Time Limits. The standard time limit allotted to each speaker shall be three (3) minutes, but the presiding officer, with approval of a majority of the City Council, may modify the length of time to be allotted to all speakers heard upon any subject. 3. Rebuttal. Following the presentations of all speakers, the petitioner, if any, will be given time for rebuttal. Following the rebuttal of the petitioner, the presiding officer will declare the hearing closed. After the public hearing is closed the matter is remanded to the City Council for consideration. 4. City Council Requests. If any City Council Member wishes more information from any individual who spoke at the hearing, they may direct questions only through the presiding officer, to the Page 505 of 520 City of Englewood/Council Policy and Procedures Page 12 | 26 individual and the response solicited from the speaker by the presiding officer will be limited to the answer of the question as stated. 5. Quasi-Judicial Hearings. Quasi-judicial hearings shall be conducted in strict conformance with the standards set forth within the Englewood Municipal Code provisions authorizing such quasi- judicial hearing, and E.M.C. 1-10-2-7. All other public hearings are administrative in nature and shall be conducted in conformance with Title 1, Chapter 10 of the Englewood Municipal Code. After opening a quasi-judicial public hearing, the presiding officer shall state into the record, “Council members use electronic devices to access the materials relevant to the public hearing before us. Except for the sole purpose of obtaining attorney advice to ensure legal compliance, is a violation of this Council’s policy for these devices to be used for texting, e-mailing, internet research, or other communications during quasi-judicial public hearings.” L. Voting. 1. Calling the Vote. After conclusion of discussion upon a matter, or after a matter has been “called”, the presiding officer shall call for a vote. Votes shall be indicated verbally or through operation of voting lights or other electronic system that individually records the vote of each Council Member. Votes shall be “Aye” or “Nay”. The City Clerk, or designee, shall read into the permanent record the "Aye” and "Nay” votes, and shall indicate whether a measure has passed or failed. 2. Abstention. Abstentions shall be in conformance with Bob’s Rules of Order, as may be modified by ordinance from time to time. M. Cameras/Recording. To eliminate distractions, tripping hazards, and ensure unobstructed views of Council meetings, study sessions, and other meetings/presentations, except as provided below, all privately-owned cameras and video recorders used during a public meeting shall be located only at the rear of the meeting room in the City-designated camera area behind public seating areas, so that cameras do not block the view of any meeting attendee or interfere with the meeting during recording, set-up, or removal. To protect public safety, no cameras, tripods, or crews may be permitted in any exit path, pathway, or aisle, and cords may not be run across any pathway, aisles, or exits. Despite the foregoing, still photos with or without flash may be taken outside of the alcove immediately after a Council Appointment, Proclamation, or Recognition, until the next agenda item is called. N. Cancellation/Rescheduling of Meetings. Scheduled study sessions or special meetings may be cancelled by announcement during any meeting or study session of City Council, or by notice by any appropriate means to all City Council Members and posting notice of cancellation on the City’s website. Rescheduling or cancellation of a Regular Meeting shall be accomplished by Resolution, unless consideration of a Resolution by City Council is not feasible, in which case it may be accomplished by any other means described herein. IV. RULES OF DECORUM A. General. While the City Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay nor interrupt the proceedings, nor the peace of the City Council, nor disturb any member while speaking, nor refuse to obey the orders of the City Council or its presiding officer. 1. Seating Arrangement. City Council members shall occupy their respective assigned seats in the City Council Chamber, or any forum at which the City Council shall convene as a body. Page 506 of 520 City of Englewood/Council Policy and Procedures Page 13 | 26 Assignments will be made by the presiding officer. Any two or more members may exchange seats by joining in a written notice to the presiding officer to that effect. Such notice should be received by the presiding officer a minimum of twenty-four hours prior to the scheduled meeting. The seat exchange shall remain in effect until the presiding officer receives appropriate written notice of a further seat exchange. In recognition of the need to make internet viewing of City meetings more standardized for the public, the presiding officer may request consensus approval of a request for seat exchange if more than one seat exchange is requested by any one member during a calendar year. 2. Personal Privilege. The right of a member to address the City Council on a question of personal privilege shall be limited to cases in which their integrity, character, or motives are assailed, questioned, or impugned. 3. Excusal During Meeting. No member may leave the City Council Chamber while in regular session without permission from the presiding officer. If the presiding officer leaves the City Council Chamber during a regular session the Mayor Pro Tem shall assume the role of presiding officer until the Mayor’s return. 4. Obtaining the Floor/Recognition by Chairperson. Every member desiring to speak shall address the chairperson and, upon recognition by the presiding officer, shall confine themselves to the question under debate. The member shall hold the floor without interruption until the member cedes the floor back to the presiding officer. The member shall cede the floor to the presiding officer immediately upon direction of the presiding officer in conformance with Bob’s Rules of Order. A member who fails to abide by the directive of the presiding officer shall be deemed to have ceded the floor, and the presiding officer may recognize another speaker. 5. Interruptions. A member once recognized shall not be interrupted when speaking except in conformance with Bob’s Rules of Order. If a member, while speaking, is called to order for a violation of these rules, they shall cease speaking until the question of order is determined. The member may resume speaking upon the direction of the presiding officer. Other than to make a privileged motion, no member of the City Council shall interrupt another member of the City Council while such member holds the floor. If a member of the City Council is interrupted inappropriately while such member holds the floor, the member shall request that the presiding officer enforce the rules of decorum. 6. Dissents and Protests. Any member shall have the right to express dissent from, or protest against, any ordinance or resolution of the City Council and may have the reason therefore entered in the minutes. Such dissent or protest must be in respectful language and presented to the City Council not later than the next regular meeting following the date of passage of the ordinance or resolution in question. B. Study Session Policy. 1. Provide Material in Advance. Material on new information must be received before study session to allow discussion in an educated fashion. No information presented without backup material can be presented. No decision will be made until all members have had an opportunity to review the information. 2. Council and Citizen Requests. Requests for information from City Council members or written response to a citizen’s concern must go through the City Manager's Office. Requests for information made by a City Council member to staff should result in information provided to all of members of the City Council. 3. Council Communications. During Council communications, City Council members may request a status update as to a matter previously acted upon by the City Council. City Council members also may request a matter be placed back upon a future agenda as a result of new information becoming available. To place such a matter on a future agenda, the City Council must assent by consensus to proceed. Page 507 of 520 City of Englewood/Council Policy and Procedures Page 14 | 26 4. Direction by Consensus. During a study session, consent by consensus may be used by the City Council to clarify direction to the City Manager or City Attorney, or to establish procedural matters, such as placing matters upon future agendas. Additionally, efforts to arrive at a consensus position for the purpose of developing subsequent legislative action shall be permitted. Agreeing by consensus to place a matter upon a future agenda, or guide the actions of City staff in crafting future legislation, does not bind any member of the body to vote in favor of such measure when it is brought before the body for formal action. A consensus agreement is merely a procedural step for allowing the body to formally consider a matter. 5. Garrett Rule- A matter is not to be considered at a study session and at the formal City Council meeting on the same evening. This is to allow the City Council time to consider all information presented at the study session and to contemplate that information. 6. Woodward Rule- To allow full consideration of matters coming from boards and commissions, matters will not be presented at a study session until the minutes have been approved and submitted to the City Council. C. Public Meeting Policy. 1. Agenda Materials. a. Burns Rule – Information shall not be handed out at the meeting but rather shall be distributed through the City Council Packet. b. Presentation of last-minute information should be avoided whenever possible. New information related to an emergency situation should be made available to the City Council but may be disregarded by the City Council upon a majority vote. c. The City Manager or the City Clerk shall provide all information associated with any issue upon the agenda to the City Council in an equal and timely fashion. 2. Consent Agenda Protocols. Members should notify the City Council through the City Manager (or their designee) prior to a public session when they plan to remove an item from the consent agenda. Members should contact the City Manager (or their designee) prior to the meeting whenever possible regarding questions upon matters placed on a consent agenda on first reading. Whenever possible, the City Manager will forward all notices of intent to pull a matter from the consent agenda, and responses to requests for information concerning consent agenda items, to all City Council members by 3:00 p.m. on the day of a meeting. 3. Debate Decorum. Debate occurs between and among City Council members, but should be limited to making a point or stating a position. Redundancy, grandstanding, and personal attacks will be addressed by the chairperson as being out of order or inappropriate. The City Council may appoint a “Sergeant at Arms” to provide a friendly reminder of exceeding a reasonable time limit. 4. Be Gracious and Respectful at all Times. It is the responsibility of each City Council member to display common courtesies at all times. Respect differences of opinions and perspectives. For example: avoid interruptions, avoid personalizing the issue, avoid grandstanding, avoid argumentative behavior including repetitive restatements of a position, and avoid filibustering. 5. Remain Silent. Do not speak without being recognized by the chairperson. 6. Interpersonal Behavior. Focus on the issue, not on the member presenting the issue. Treat each other and each person coming before the City Council with respect. 7. Be attentive. Listen and understand before judging and making a commitment. Give a speaker your entire attention. Shuffling papers, looking at phones, finding reasons to never make eye contact with the speaker telegraphs to the speaker and all members of the audience that you have already decided the matter and are disinterested in new information. 8. Take time to negotiate. As a seven-member board, things work best through consensus or compromise. Work together as a team on issues as they relate to what’s best for the City as a whole. Page 508 of 520 City of Englewood/Council Policy and Procedures Page 15 | 26 9. Personality Conflicts. Personal problems or concerns with individual City Council members should be discussed directly with that individual outside of an open meeting, and not aired in a public forum. 10. Use of Electronic Devices during Public Meetings. City Council members use electronic devices to access the materials relevant to the public meeting. It is a violation of the City Council’s policy for these devices to be used for texting, e-mailing, or other communications during public meetings, except communications with the City Attorney and/or the City Attorney’s designee regarding matters that arise during the meeting to ensure legal compliance. Communications received during open meetings may be subject to the Colorado Open Records Act. [Resolution No. 44, Series of 1991] V. CITY COUNCIL DISCRETIONARY FUNDS AND BENEFITS POLICY A. Allocation. Discretionary funds in the sum of $1000.00 shall be allocated for each City Council Member per annum. Those funds not used in any calendar year shall revert to the general fund. In addition, if authorized by the City’s employee health insurance policy, the Mayor, Mayor Pro Tem, and City Council members shall be entitled to receive City employee health insurance coverage on the same terms as other employees of the City. B. Limitation on Out of State Travel. It is the intention of the City Council that discretionary funds be used in the metropolitan area surrounding the City of Englewood. Because the City funds one out-of- state conference per year for City Council members (see below), discretionary funds shall not be used for additional out-of-state expenses unless approved by the City Council. An application for use of discretionary funds for an out-of-state trip may be applied for after the fact, but if the City Council disapproves of the expenditure the City Council Member must return discretionary funds used during the trip. C. Publications. Discretionary funds may be used for the purchase of books, publications, newspapers, or materials directly related to the responsibilities of the City Council. Materials purchased with discretionary funds are not personal property, and shall be made available to other City Council members on request. Materials (tapes, publications, etc.) obtained at a conference or purchased with discretionary funds shall be made available to all City Council members and City staff on request. D. Membership Dues. Individual memberships to an organization (service clubs, etc.) may be paid from discretionary funds, provided the City Council member states the City-related purpose for the membership. E. Meals. Discretionary funds may be used for meals that are directly related to the responsibilities of the City Council. Expenditures for alcoholic beverages shall only be as part of a meal as opposed to separate expenditure. Where it is necessary as a part of the establishment’s policy to have separate tickets for food and beverage purchases, compliance shall be satisfied so long as noted on the receipts by the City Council Member. F. Computer Supplies/Technology. Discretionary funds may be used to purchase a tablet computer, laptop computer, printer ink, or other technical equipment to be used for City business. The computer equipment provided to each City Council Member for use at City Council meetings, and regular member business, shall be a standard expense of the City and not associated with City discretionary funds. Upon leaving the City Council, members shall have the right to purchase the personal computer equipment they utilized as City Council Member. Other technology expenses, including cellular Page 509 of 520 City of Englewood/Council Policy and Procedures Page 16 | 26 telephone reimbursement, are permitted. All cellular telephone numbers paid for with City funds shall be made available to the public. G. City Issued Credit Cards and Receipts. All expenditures made by City Council members should be by P-card. Receipts for expenditures shall be submitted to the City Manager’s Office within one week of incurring such expenditure. The City Manager’s Office will upload the receipts into the Purchasing Card system. Expenditures without a correlating receipt will not be paid. H. Reimbursements. Occasionally an expenditure may not be made through P-card. For example, cash purchase of parking at a parking meter, or purchase at places that do not accept the card. Requests for reimbursement require a receipt submitted within one week of the expenditure, and completion of an expenditure form. Such expenditure form shall be uploaded into the City’s online finance reporting system. I. Fair Campaign Practices Act. Discretionary funds shall not be used in a manner that would violate the Fair Campaign Practices Act or any other law. J. Charitable Contributions. Discretionary Funds shall not be used for individual charitable contributions as such contributions are made by the City Council as a body. K. Constituency Communications. A member may utilize discretionary funds to communicate with constituents, including but not limited to: mail, e-mail, faxes, newspaper inserts, posters, flyers, banners, signs, telephone conference calls, videoconferencing, automated telephone calls, audio and video messaging, advertisements, public service announcements and handouts, and “coffee” with a constituent(s). If using discretionary funds, these communications should seek to improve citizen outreach and engagement, by soliciting input, encouraging citizen participation, and generally providing accurate information regarding issues, events, legislation, and policies of the City of Englewood. 2. 1. Use of discretionary funds must comply with the Fair Campaign Practices Act, including its limitations on expenditure of public funds regarding ballot questions.City Council Member mailings/communications in direct response to mail/communications from constituents and other stakeholders may be requested from the City Manager’s Office one week in advance of when the response is expected, with postage and printing provided from the requesting member’s discretionary funds. L. Blackout Period. No discretionary funds shall be used in association with constituency communications in the ninety (90) days prior to any election date upon which individuals are running for a seat upon the City Council. M. Postage Costs for Mass Mailings. City Council members may use their discretionary funds to pay the postage associated with a mass mailing. A mass mailing is an unsolicited mailing initiated by a member to their constituency totaling 25 or more pieces of substantially identical content, whether such mail pieces are deposited to USPS as single pieces or in bulk, or at the same time (single drop) or different times (cumulative) over the course of a single budget year. The term "mass mailing" and "mass communication" do not apply to mailings/communications in direct response to mail/communications from persons to whom the matter is transmitted, i.e., a solicited response. 1. Submission to City Manager. A copy of the document to be mass mailed must be submitted to the City Manager (or their designee) for inclusion in the City Council packet for informational purposes at least two weeks prior to the date of intended mailing. At such City Council meeting prior to the mailing, the City Council may by majority vote direct the City Manager to deny use of discretionary Page 510 of 520 City of Englewood/Council Policy and Procedures Page 17 | 26 funds to pay the costs of the proposed mailing if such mailing is in violation of any law. Any City Council Member commenting on such mailing at a public meeting will do so in strict compliance with the Rules of Decorum provided in Section IV of this policy manual. 2. Mail Statement. Any mail distributed using discretionary funds will contain be clearly marked "Mass Mail Statement", and shall include the following statement: "This mailing was prepared, published, and mailed at taxpayer expense." The statement must appear on page one of a document or on the address side of the envelope or mailing panel/label; must be prominently displayed; and not be printed in smaller than a 7-point typeface. N. Holiday Greetings. Discretionary funds shall not be used to send any card expressing holiday greetings from a member, although, in an otherwise official mailing, a member may make an incidental holiday greeting. For example, in the salutation or signature in an official mailing, the member could say “happy holidays” or some other appropriate brief greeting. Holiday colors and illustrations and are not considered incidental. No birthday, anniversary, wedding, birth, retirement, or condolence messages may be sent by an individual member using discretionary funds. O. Pre-stamped Envelopes. Members are not permitted to send a stamped envelope paid for by discretionary funds to a constituent, including as part of a request to return anything from a constituent to such member. VI. TRAVEL POLICY A. Approval. Each City Council Member shall formally request approval of all City-related travel thirty (30) days prior to attendance. If a City Council Member fails to request approval by this deadline, the member may request late approval by the City Council; any travel not approved will be at the personal expense of the member. B. Documentation. The formal request shall include a summary explaining the nature of their participation, how it will benefit or affect the City, and anticipated costs. The member shall provide documentation and receipts to the City Manager reconciling expenditures within thirty (30) days after their return from an event. C. Fiscal Responsibility. Members shall make a diligent effort to be fiscally prudent in their expenditures by purchasing lowest available air fare, securing economy hotel accommodations, and implementing other cost saving measures whenever possible. D. Reconciliation of Prior Travel. City Council Members will not be allowed to travel for the City until their previous travel expenses have been reconciled. E. Monitoring Policy. The City Council shall continually monitor travel expenditures throughout the year. F. Out of State Travel. A City Council Member may attend only one (1) out-of-state conference per year at the City’s expense, unless approved by a super-majority vote of five (5) City Council members. G. Repayment of Expenses to City. Any City Council Member who cannot travel after expenses have already been paid may be asked to repay all or a portion of these expenses. Repayment may be withheld from such member’s salary, if directed by a super-majority vote of the City Council. Resolution No. 48, Series of 2014 was amended to reflect changes in Council Travel Policy publications. Page 511 of 520 City of Englewood/Council Policy and Procedures Page 18 | 26 VII. COMMUNICATIONS POLICY A. Private E-mail Service. Members of the City Council are strongly discouraged from using private e-mail services to conduct City business. Private e-mail services utilized to conduct the business of the City shall be subject to Colorado Open Records Act. The City will not make public on its website(s) the private e-mail address of any member of the City Council. B. Official Custodian. The City Clerk’s Office is the official custodian of records held by the City and may request copies of e-mails sent or received through private e-mail accounts in association with the business of the City. In accordance with C.R.S. 24-72-202(2), "official custodian" means and includes any officer or employee of . . . any local government-financed entity, who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in their actual personal custody and control. C. CORA Statement. All City Council members shall include a statement at the bottom of all outgoing e-mail messages in the following form, unless otherwise required by CORA or applicable law: Under the Colorado Open Records Act (CORA) all e-mails to and from City Council are subject to public disclosure, with limited exceptions. To promote transparency, e-mails are available for review upon request. E- mails which contain “private” in the subject line of the e-mail will not be automatically available to the public, however, the City of Englewood can't guarantee that e-mail to or from Council marked “private” will remain private under CORA. D. E-mail Communications. 1. E-mail deliberation between three or more elected officials concerning public business and/or pending legislation are declared to be a public meeting under the Colorado Open Meetings Law and are prohibited. a. Chain communications are prohibited, i.e. deliberative communication between an elected official and another member of the body, upon the same matter as was previously communicated upon in a deliberative manner with a different member of the City Council. b. City Council members shall not “reply all” to any communication received by such City Council member that was also sent to two or more other members of the City Council. c. City Council members shall not copy and paste a communication received from another City Council member regarding a matter of City business and distribute such communication to another member(s) of the City Council. 2. The following e-mail communications from or to an elected official or officials are permitted: a. Communication or deliberation from or to the City Manager, the City Attorney, or community members. b. Deliberation between fewer than three elected officials in which other elected officials are not copied and which are not forwarded to other elected officials. c. Communication between elected officials that does not include deliberation related to pending legislation or other public business. Page 512 of 520 City of Englewood/Council Policy and Procedures Page 19 | 26 d. “Deliberation” means the discussion and/or exchange of viewpoints and opinions on a subject. It specifically does not include the distribution, but not discussion, of information. E. Retention Policies Applicable to E-mail Communications. 1. E-mail communications of elected officials may be considered public records under the Colorado Open Records Act. The City’s Records Retention Schedule applies to e-mail communications in the same manner as other records. 2. Certain types of correspondence are expressly not a public record, including that which is a “work product,” as well as correspondence that is “without a demonstrable connection to the exercise of functions required or authorized by law or administrative rule and does not involve the receipt or expenditure of public funds”. Examples include drafts and worksheets, desk notes, copies of materials circulated for informational “read-only” purposes, and other records with preliminary or short-term informational value. These e-mails should be deleted as soon as they are read and are no longer useful. 3. Correspondence of elected officials designated as a public record fall into one of two categories: a. Enduring Long-Term Value: Documentation or correspondence with enduring and long-term administrative, policy, legal, fiscal, historical or research value; records that relate to policy issues and actions or activities in which an important precedent is set; records of historic events relating to the municipality or the community; and other similar records and documentation. The retention period for these records is permanent. b. Routine Value: Operating documentation that is routine and contains no significant administrative, legal, fiscal, historical, information or statistical value. Includes routine communications sent and received, communications containing duplicates of information that is filed elsewhere, routine requests for information, transmittal documents, etc. The retention period for these records is two years. F. E-mail Management Policy. In order to ensure that the e-mails of elected officials are properly managed, the following e-mail management policy should be followed: 1. All e-mails sent to or from an elected officials’ e-mail account will be automatically archived. 2. Archived e-mails will be managed according to the City’s retention policy by the City Clerk. 3. Original e-mails in the elected officials’ e-mail accounts may be saved or deleted as the elected official finds most useful. VIII. COUNCIL VACANCIES A. Resignation of a City Council Seat. An individual may choose to resign a seat on the Englewood City Council. As the Englewood City Charter does not establish procedures for resignation of a City Council seat, resignations shall be addressed by the remaining members of the City Council and staff in accordance with this policy. B. Vacancies. Certain situations mandate vacating a City Council seat. City Charter § 23 prohibits members of the City Council from dual office holding. City Charter § 28 provides that an elective office shall become vacant whenever any officer becomes incapacitated, or if a City Council Member shall remove from or become a non-resident of the district from which elected during the term of their office. Page 513 of 520 City of Englewood/Council Policy and Procedures Page 20 | 26 C. Vacancy created by Mayor. If the City Council Member serving as Mayor resigns from the City Council or creates a vacancy by reason of becoming a non-resident of the district from which elected, a vacancy in the City Council position is created and a separate vacancy is created in the Office of Mayor. The remaining City Council members shall elect a new Mayor at any time from the point that the vacancy occurs in conformance with the Englewood City Charter. The City Council may wait until the new City Council Member is installed before electing a new Mayor. If that should occur, then the Mayor Pro Tem will fulfill the functions of the Mayor until a new Mayor is elected. D. Date of mandatory vacation of office. A seat must be vacated at the same time as the cause for the vacancy occurs. For example, if a City Council Member is elected to another office, merely qualifying to take the second office does not constitute a vacation of the first office. Vacancy in the first office occurs only upon actual assumption of the duties of second office or resignation from the first office. E. Procedure for Selecting a Successor. 1. In case of a vacancy, the remaining City Council members shall choose, by majority vote and within thirty days after such vacancy occurs, a duly qualified person to fill such vacancy. 2. At the direction of a majority of the City Council, the City Manager shall advertise the vacancy and make available an application for City Council Member appointment. Such application shall be made available on-line, or may be requested at the Office of the City Clerk. Copies may be mailed to interested applicants if such applicant provides a stamped and self-addressed envelope to the City Clerk. 3. The City Council shall call a special meeting to interview all candidates no less than one week before the regular City Council meeting where the appointment is scheduled to occur. The interviews shall be open to the public but the public shall not participate in the interview process. The interviews shall be recorded, archived, and retained in the same manner as other City Council special meetings. There shall be no ver batim minutes taken of the interviews. 4. If the City Council does not fill the vacancy by appointment within thirty (30) days after the vacancy occurs as required by the City Charter, it shall order an election, subject to the municipal election code, as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced. See C.R.S. 31-4-108. F. Term of Successor. The successor shall serve until their successor is elected for the remainder of the term at the next ensuing general municipal election and such individual has been duly qualified. G. Multiple vacancies. If three or more vacancies exist in the City Council simultaneously, such vacancies shall be filled for the respective unexpired terms at a special election. IX. ELECTRONIC PARTICIPATION A. Purpose. The purpose of this Policy is to specify the circumstances under which a member of the City Council, any member of a City board, commission or committee (collectively “board”), City staff, and the public may participate in regular and special meetings, quasi-judicial proceedings, and executive sessions by telephone, online conferencing methods, video conferencing, or other electronic means (“electronic participation”). With advancements in communication and videoconference equipment and capabilities, electronic meeting participation has become wide-spread within many local governments. However, electronic participation has inherent limitations because electronic participation is subject to internet bandwidth limitations, technological difficulties, and may preclude an elected or appointed member from viewing documentary information presented during meetings, Page 514 of 520 City of Englewood/Council Policy and Procedures Page 21 | 26 from fully evaluating a speaker's non-verbal language in assessing veracity or credibility, and from observing nonverbal explanations (e.g., pointing at graphs and charts) during a speaker's presentation or testimony. In addition, electronic participation during executive sessions prevents the City from ensuring compliance with state law regarding confidentiality of matters discussed. The City Council finds that these limitations inherent in electronic participation may produce inefficiencies in meetings, increase the expense of meetings, and may undermine the decision-making process. B. Statement of Policy. Members of the City Council, appointed member of a board, City staff, and the public may electronically participate in meetings of the City Council or City board only in accordance with this Policy. Electronic participation shall be made available and shall be limited as follows: 1. Except as required by applicable law, electronic participation at regular meetings is intended to be an infrequent or occasional substitution for physical attendance by members of the City Council, members of a board, the City Manager, the City Attorney, City board staff liaisons, and the City Clerk. Electronic participation encourages participation in City government by citizens, and therefore members of the public and City staff members (except those specifically described above, whose in-person attendance is preferred) may electronically participate in all City Council meetings open to the public. 2. The preferred method of electronic participation is through videoconference with the camera on but microphone muted, except when the participant is actually speaking. This allows the participant to hear, speak, and see presentations during the meeting. 3. Electronic participation must permit clear, uninterrupted, and two-way communication. The City Council or a City board may discontinue the use of electronic participation by one or more participants during a meeting where the participation results in delays or interference in the meeting process; e.g., where the connection is repeatedly lost, the quality of the connection is unduly noisy, or the participant is unable to hear speakers using a normal speaking voice amplified to a level suitable for the meeting audience in attendance. 4. Despite the foregoing, a majority of voting members may designate meetings where no action will be taken (such as study sessions) to be held electronically rather than in person. C. Procedures. To arrange to participate electronically, a participant shall: 1. Complete the City on-line form for electronic participation or contact the City Clerk or City staff liaison to arrange for electronic participation and receive electronic participation directions, which may include call-in instructions, a link to participate by videoconference, or otherwise. All City Council members or City board members shall endeavor to advise the City Clerk or staff liaison of their intent to participate electronically, along with the reason for the in-person absence, at the earliest possible time and not less than three (3) business days prior to the requested participation. 2. Log in and/or call in at the designated time, pursuant to directions received from the City Clerk or City staff liaison. D. Quorum. Electronic participation shall constitute actual attendance for purposes of establishing a quorum or for any other purpose, even during quasi-judicial proceedings. Despite the foregoing, a majority of an appointed board or City Council must be physically present and in-person at every meeting where action will be taken, unless the presiding chairperson calls an electronic participation meeting at which a majority of a quorum of City Council or the board present declares an in-person meeting is not feasible due to emergency (such as a public health crisis, weather, natural disaster, or other similar circumstance) (hereafter an “approved fully-electronic meeting”). Page 515 of 520 City of Englewood/Council Policy and Procedures Page 22 | 26 E. Chairperson. The chairperson of all meetings shall be a person physically present at the meeting where action will be taken, except at a meeting called to consider whether to approve a fully-electronic meeting and at an approved fully-electronic meeting. F. Executive Session. No one may electronically participate in executive session, except at an approved fully-electronic meeting. Any City Council or board member that was unable to attend an executive session may review the audio recording at the City Clerk’s Office, within 90 days of the executive session. If executive session is held during an approved fully-electronic meeting, to ensure the confidentiality of matters presented, each City Council or board Member electronically participating shall verbally confirm that no third party is in the member’s presence, such that they could see and/or hear the contents of the executive session. X. PERSONNEL A. Annual Evaluation of City Officers. The City Council shall evaluate the performance of the City Manager and City Attorney at least annually, or as otherwise required by contract. The annual (and any additional) performance evaluation shall provide the City officer with information to allow such officer to act in conformance with the goals and expectations of the City Council. 1. Annual Wage Adjustment. The City Manager and City Attorney shall receive an annual wage adjustment as set by formal action of the City Council. 2. Timeline/Procedure. The job performance of the City Manager and City Attorney, officers of the City, are typically evaluated annually in accordance with the terms of their employment contracts. The City Council will participate in a review of each officer and will be afforded the opportunity to provide comments and feedback on performance and process. The Human Resources Director may assist the City Council as requested. If the information is compiled in written format, the applicable officer will be given a copy of the written review and will meet in executive session with the City Council to go over the review, discuss any points of concern and develop performance measures/job directives for the subsequent year. 3. Additional evaluations. City Council may schedule additional evaluations or performance reviews of the City Manager and/or City Attorney to, among other things, provide guidance and feedback on performance, goals, and projects. 4. Meeting with City Officers. At least one time per year, the City Council will meet with the City Attorney in executive session for attorney client privilege. The City Attorney shall present an annual report of activities and legal services rendered by the City Attorney’s office and any outside legal counsel. B. Municipal Court Judge/ Municipal Court Budgetary Review. The Municipal Court Judge of the City of Englewood, as an elected official, shall meet annually with the City Council to discuss budgetary matters for the municipal court. The Municipal Court Judge, in coordination with the City Manager and the Human Resources Department, shall conduct an annual salary survey of similar highest-ranking judge of courts of comparable operations located within the Denver metropolitan area. The Municipal Court Judge shall provide the list of comparables to the City Manager and Human Resources for completion of the survey. The City Council shall annually determine the appropriate compensation for the Municipal Court Judge by resolution after consideration of the annual survey but prior to the end of the calendar year. The Municipal Court Judge shall be invited to participate in any such discussions which shall take place in open session. XI. AGENDA SETTING Page 516 of 520 City of Englewood/Council Policy and Procedures Page 23 | 26 A. Mayor/Manager Meeting. The Mayor and Mayor Pro Tem shall meet with the City Manager weekly, or as often as shall be necessary, to set the agenda for regular meetings, special meetings, and study sessions. B. City Manager: Authority to Set Agenda Items. The City Manager through the course of managing city business and under direction of the City Council puts forth agenda items that ensure the efficient and uninterrupted services that residents expect and depend upon. C. City Council Members: Authority to Set Agenda Items. City Council members may submit requests for agenda items during their Council Communication at the end of any regular meeting or study session of the body. If a consensus of members agree that such matter should be placed upon an upcoming agenda, the matter will be scheduled for an appropriate City Council meeting within thirty days of the date of the request or within a reasonable time thereafter, if thirty days is not practicable for complex matters. If the body does not reach consensus to place such matter on an upcoming agenda, the requesting member may either choose not to pursue such request or may submit a written request to the City Clerk. The written request shall provide at a minimum a description of the request, the goal or objective that the request aims to fulfill, and a self- assessment as to the urgency of the matter. The City Clerk shall provide such request to the City Manager who will provide such request to the Mayor and Mayor Pro Tem to schedule such matter accordingly. D. Proclamations. 1. Requesting a Proclamation. Proclamations may be requested by: City Council members; individual community members; community organizations; City staff; and/or regional/national organizations. 2. Pre-Approved Proclamations. At or prior to the beginning of each calendar year, City Council will hold a study session to review proposed proclamations for the current year and will, based on past proclamations, by consensus create a list of priority proclamations City Council anticipates will be approved in the coming year. These pre-approved proclamations will be on the designated meeting agenda, and unless at least four City Council members voice an objection when the proclamation is presented, the proclamation will be read into the record without additional City Council action. 3. Process to Request Other Proclamations. For proclamations other than pre-approved proclamations, eligible parties may submit a proclamation request through an electronic proclamation request form. For those without access to a computer/the internet, requests may be submitted in writing to the City Clerk’s Office. Requests must include: contact name; address; city, state, and zip code; phone number; e-mail address; proclamation title; name of individual who will present the proclamation; date to be printed on the proclamation; and proclamation text, including whereas statements and therefore statements. i. Proclamation Timeframe. Proclamation requests should be submitted at least three weeks before the start of the day/week/month being recognized. Every attempt will be made to ensure that proclamations are issued just before or at the very beginning of the time period being recognized. ii. Reasons for a Proclamation. Proclamations should be utilized to meaningfully celebrate persons, groups, and events with specific intended actions. They may be requested for the following reasons: recognition of a local event; to honor persons or groups who impact the City of Englewood; regionally, state-wide, or nationally recognized events or activities with local interest; to bring public attention to an issue or opportunity important for the community overall; and/or to declare a policy stance as a City. Page 517 of 520 City of Englewood/Council Policy and Procedures Page 24 | 26 iii. Proclamation Review Process. The review process will include: 1. Proclamation requests pursuant to this policy may be made throughout the year; 2. Requests will be received and reviewed by the City Clerk’s Office to ensure (through a checklist) that all requirements of this policy are met; 3. If policy requirements are met, the draft proclamation will be sent to the City Council for feedback and concerns to be expressed during Council Members’ Choice the week before inclusion on the City Council Agenda; and 4. If there is no consensus when discussed during Council Members’ Choice, the proposed proclamation will not move forward. If there is a consensus, the proclamation will be placed on the next agenda of the City Council regular meeting, and treated as a pre-approved proclamation for purposes of reading into the record pursuant to the provisions above. XII. ADMONITION AND CENSURE OF COUNCIL MEMBERS A. Policy of Legal Compliance. City Council members shall abide by federal and state law, City ordinances, and City policies, including Colorado Constitution Article XXIX Ethics in Government, C.R.S. § 24-18-109 Rules of conduct for local government officials and employees, and Englewood Municipal Code Title 1, Chapter 11 Code of Ethics. Violations of such law or policy undermine the public trust, and the effectiveness of City Council as a whole. Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy, however, shall preclude individual Council Members from making public statements regarding such alleged conduct or taking other actions authorized by law. This policy is not intended to replace, delay or otherwise impede any concurrent investigation from any other body or agency. Therefore, at any point during any of the processes described in this policy, the Council (or any member thereof) may refer the matter for investigation to the Englewood Police Department, Arapahoe County District Attorney, the Colorado Independent Ethics Commission, and/or other appropriate agency. Such a referral does not impact any action the Council may undertake under this policy. B. Authorized Actions by City Council. While City Council has broad discretion in deciding actions it may choose to take in response to violations of law or policy, this policy provides definitions and procedures related to two types of action: admonition and censure. This policy does not limit or otherwise affect any other potential City Council action. 1. Admonition. An admonition is typically directed to all members of City Council, reminding them that a particular action or type of behavior is in violation of law or City policy or is otherwise inappropriate for a member of City Council, and that, if it occurs or is found to have occurred, could make a member subject to censure or other further action. An admonition may or may not be issued in response to a particular alleged action or actions. Page 518 of 520 City of Englewood/Council Policy and Procedures Page 25 | 26 An admonition may be issued by City Council prior to any findings of fact regarding allegations, and because it is a warning or reminder, would not necessary require an investigation or separate hearing to determine whether the allegation is true. An admonition also may criticize a specific Council Member’s conduct. The right to criticize is protected by the First Amendment, and therefore an admonition may be made individually by a Council Member during Council Member’s Choice, or formally issued by City Council if approved by motion as a scheduled agenda item. While an admonition generally is verbal and memorialized only in the minutes of a meeting, an admonition may be in writing and included in the meeting record. 2. Public Censure. Censure, specifically authorized by EMC 1-11-9(B), is an official reprimand or condemnation made by City Council in response to specified conduct by one of its own members. Censure is disciplinary in nature, and requires the formal adoption of a Resolution setting forth the Council Member’s alleged violations of law and/or policies. A Resolution of Censure may require a Member to recuse themselves from a vote in which they are found to have a personal/private conflict of interest. Censure may require an investigation and/or public hearing pursuant EMC 1-10-2-7 prior to issuance, and must protect the due process rights of the Council Member. In order to protect Council Members from unfounded allegations and/or defamatory claims/actions, upon direction of four or more Council Members, allegations may be investigated administratively to determine probable cause prior to inclusion on a Council agenda. If a formal censure action is placed on a Council agenda, the City Clerk shall provide notice of the action to the subject Council Member. The notice shall describe the specific allegation(s) upon which the proposed censure is based. Upon request by the subject Council Member, City Council shall schedule a quasi-judicial hearing to receive evidence and weigh testimony prior to consideration of a Resolution of Censure. The subject Council Member has a conflict of interest, and therefore can only participate as the subject of the quasi-judicial hearing and proposed Resolution, and not as a fact-finding Council Member in the hearing, deliberation, or Resolution issuance. Censure carries no fine or suspension of the rights of the Council Member as an elected official but a censure is a punitive action that serves as a public notice of wrongdoing. XIII. GRANT APPLICATIONS POLICY City staff has a long and successful history of applying for, and obtaining, grant awards to fund City operations and special projects. Applying for a grant, and then refusing to accept a grant award however, may impair the City’s ability to obtain similar grant awards in the future. Therefore, unless an annual grant that the City has, in multiple prior years applied for and received, City Council considers and evaluates the following grant applications prior to submission: an application that binds the City to take future action/spend its own funds if the grant is awarded; grants in excess of $125,000; grants likely to be contentious or controversial within the community or among City Council members; if the failure to accept a grant award would likely negatively affect the success of Page 519 of 520 City of Englewood/Council Policy and Procedures Page 26 | 26 a future grant application; grants that require City Council approval prior to application; or any other application requested for prior review and approval by City staff. Page 520 of 520