Loading...
HomeMy WebLinkAbout2024-09-03 (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 Tuesday, September 3, 2024 ♦ 6:00 PM There are no Study Session items. The Regular Meeting will begin at 6:00 p.m. with an Executive Session. 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. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Executive Session a. Executive Session to discuss the sale or transfer of the Ground Lease on City-owned property surrounding the Civic Center, pursuant to CRS 24-6-402(4)(a). 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of August 19, 2024. 5a documents b. Minutes of the Special City Council Meeting on August 26, 2024. 5b documents 6. Recognitions a. Recognition of Deputy City Manager, Tim Dodd, for being awarded 2023 Assistant of the Year by the Colorado City and County Management Association. 7. Appointments, Communications, and Proclamations 8. Recognition of Public Comment Public Comment will begin shortly after 7:00 pm, this is an opportunity to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Englewood residents must provide your address or cross streets. Non-Englewood residents must provide the name of your city. If you have addressed Council in the last 90 days you will be moved to the bottom of the list. Written materials may be submitted to the City Clerk in advance or at the meeting. Audio/visual materials must be submitted to the City Clerk by 5pm on the Thursday prior to the meeting. Public Comment will be limited to 90 minutes total. Page 1 of 307 Englewood City Council Regular Agenda September 3, 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. If you would like to sign-up to speak virtually for public comment please visit: Zoom to register using your own email address. You will receive an invitation by email to join the meeting. Citizens may also submit written public comments to the City Clerk's Office until 12 p.m. the day after the meeting. If you have any questions please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB-32 Intergovernmental Agreement between the Arapahoe County E911 Authority and the City of Englewood for the use of the 911 Authority backup communications center. 9ai documents Staff: Deputy Police Chief Vance Fender ii. CB-38 Intergovernmental Agreement Between the City of Englewood and Englewood Downtown Development Authority for a Memorandum of Understanding Regarding Shared Digital Accessibility Resources 9aii documents Staff: Web and Digital Content Strategist Lucia Magnuson iii. CB-40 Amendment to the Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement between Arapahoe County and various cities related to Community Development Block Grant and Home Investment Partnerships (HOME) Program for Fiscal Years 2025-2027. 9aiii documents Staff: Director of Community Development Brad Power, and Arapahoe County Community Development Administrator Jeremy Fink b. Approval of Ordinances on Second 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. 9bi documents Staff: Chief Redevelopment Officer Dan Poremba ii. CB-35 Purchase of Nevada Ditch water rights 9bii documents Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Business Solutions and Engineering Sarah Stone iii. 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 9biii documents Page 2 of 307 Englewood City Council Regular Agenda September 3, 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. Staff: Director of Utilities and South Platte Renew Pieter Van Ry, and Deputy Director of Business Solutions and Engineering Sarah Stone c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB-31 Intergovernmental Agreement with Arapahoe County accepting a grant for Phase 3 at Bates Logan Park. 11ai documents Staff: Director of Parks, Recreation, Library and Golf Christina Underhill, Deputy Director of Parks and Recreation Brad Anderson, and Open Space Manager Adrian Torres. b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Resolution presenting sufficiency and setting ballot title for initiated charter amendments for the November 5 election - Direct Election of Mayor 11ci documents Staff: City Clerk Stephanie Carlile ii. Resolution presenting sufficiency and setting ballot title for initiated charter amendments for the November 5 election regarding the appointment of vacated positions on City Council 11cii documents Staff: City Clerk Stephanie Carlile 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 3 of 307 MINUTES City Council Regular Meeting Monday, August 19, 2024 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Management Fellow Elizabeth Ramsey and Intern I Will Morris were present to discuss potential changes to permitting and licensing requirements for special events and food vendors. b) City Attorney Tamara Niles was present to discuss 2023 Bob's Rules of Order, a procedural guide for Colorado local government meetings. The meeting recessed at 7:09 p.m. for a break. The meeting reconvened at 7:16 p.m. with all Council Members present. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:16 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Joe Anderson Council Member Steve Ward Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Tena Prange Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Page 1 of 9 Draft Page 4 of 307 City Council Regular August 19, 2024 Director of Utilities and South Platte Renew Van Ry Director of Human resources Weiske Director of Public Works Rachael Director of Community Development Power Police Chief Watson Deputy Police Chief Fender Deputy Director of Business Solutions and Engineering Stone, Utilities Chief Redevelopment Officer Poremba, Community Development Management Fellow Ramsey, City Manager's Office Web & Digital Content Strategist, Magnuson, Communications Administrative Assistant Prado, City Clerk's Office Deputy Director O & M Thornton, Public Works Community Relations/Crime Prv PM Essman, Police Department System Administrator Munnell, Information Technology AV Engineer Hessling, Information Technology Senior Tech Support Analyst, Johnson-Rocho, Information Technology Intern Morris, City Manager's Office Officer Martinez, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of August 5, 2024. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 5, 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 a) Englewood resident, Kamryn Higgins, was recognized for an act of heroism. b) The Utilities staff was recognized for securing millions in grants and low- interest loans for Englewood’s lead service line program. Page 2 of 9 Draft Page 5 of 307 City Council Regular August 19, 2024 7 Recognition of Scheduled Public Comment a) Regan Benson addressed Council regarding the City of Englewood and the City Council. b) Leslie Levine addressed Council regarding the proposed Hookah retail license draft ordinance. c) Chris Cordova addressed Council regarding Englewood Police and the homeless. 8 Recognition of Unscheduled Public Comment a) Jan Weipert, an Englewood resident, addressed Council regarding rank choice voting. b) Chris Duis, an Englewood resident, addressed Council regarding limited speech. c) Jan McCoy, an Englewood resident, addressed Council regarding limited speech. Council Member Prange responded to public comment. 9 Consent Agenda Items Moved by Mayor Pro Tem Anderson seconded by Council Member Prange to approve Consent Agenda Items 9(a)(i-ii), 9(b)(i), and 9(c)(i-ii). a) Approval of Ordinances on First Reading i) CB-35 Purchase of Nevada Ditch water rights COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER ANDERSON 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. 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 COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL SOUTHWEST LLC, PUBLIC SERVICE COMPANY OF COLORADO, TB ANGELINE LLC AND AN INTERGOVERNMENTAL Page 3 of 9 Draft Page 6 of 307 City Council Regular August 19, 2024 AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT FOR UTILITY CROSSINGS OF CITY DITCH. b) Approval of Ordinances on Second 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 ORDINANCE NO. 31 SERIES OF 2024 (COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL 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. c) Resolutions and Motions i) Motion- Approval of the 2025 - 2026 Englewood Police Benefit Association Collective Bargaining Agreement Approval of the 2025 - 2026 Collective Bargaining Agreement between the City and the Englewood Police Benefit Association. ii) Motion- City staff seeking approval to apply for State of Colorado Division of Homeland Security & Emergency Management Hazard Mitigation Grant Approval to allow 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. Moved by Council Member Joe Anderson Seconded by Council Member Tena Prange Motion to approve Consent Agenda Items 9(a)(i-ii), 9(b)(i), 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 Page 4 of 9 Draft Page 7 of 307 City Council Regular August 19, 2024 Steven Ward x 7 0 0 Motion CARRIED. 10 Public Hearing Items There were no Public Hearings 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. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER ANDERSON 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. 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. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. See agenda item 9(b)(i) Page 5 of 9 Draft Page 8 of 307 City Council Regular August 19, 2024 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. Moved by Council Member Tena Prange Seconded by Council Member Joe Anderson Approval of 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). For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange (Moved By) x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. ii) Motion- Amendments to Council Policies, as directed by City Council at its March 11 study session and April 15 regular meeting Moved by Member Nunnenkamp, seconded by Mayor Pro Tem Anderson to approve the amended Council Polices. Discussion ensued. Moved by Council Member Rita Russell Seconded by Council Member Kim Wright Motion to amend by putting AV back into the policy and AV material must be turned into the City Clerk's Office by the 5pm the Thursday before the Regular Meeting. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Page 6 of 9 Draft Page 9 of 307 City Council Regular August 19, 2024 Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright (Seconded By) x Steven Ward x 4 3 0 Motion CARRIED. Moved by Council Member Steven Ward Seconded by Council Member Tena Prange Motion to amend the time for public comment from 60 minutes to 90 minutes. For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward (Moved By) x 4 3 0 Motion CARRIED. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Joe Anderson Approval to amend the Council Policies manual as amended. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson (Seconded By) x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. Page 7 of 9 Draft Page 10 of 307 City Council Regular August 19, 2024 The meeting recessed at 9:36p.m. for a break. The meeting reconvened at 9:43p.m. with all Council Members present. 12 General Discussion a) Mayor's Choice i) Executive Session for discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)(I) for the purpose of annual employment reviews of City Attorney and City Manager. Moved by Council Member Othoniel Sierra Seconded by Council Member Chelsea Nunnenkamp MOTION TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL MATTER UNDER C.R.S. SECTION 24-6-402(4)(F)(I) FOR THE PURPOSE OF ANNUAL EMPLOYMENT REVIEWS OF CITY ATTORNEY AND CITY MANAGER. For Against Abstained Chelsea Nunnenkamp (Seconded By) x Rita Russell x Othoniel Sierra (Moved By) x Joe Anderson x Tena Prange x Kim Wright x Steven Ward x 7 0 0 Motion CARRIED. The meeting recessed at 9:46 p.m. to go into Executive Session. The meeting reconvened at 11:50 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 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 Kim Wright Page 8 of 9 Draft Page 11 of 307 City Council Regular August 19, 2024 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 x Kim Wright (Seconded By) 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 11:52 p.m. Senior Deputy City Clerk Page 9 of 9 Draft Page 12 of 307 MINUTES City Council Special Meeting Monday, August 26, 2024 1000 Englewood Pkwy, Community Room, 6:00 p.m. 1 Call to Order The special meeting of the Englewood City Council was called to order by Mayor Sierra at 6:00 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra. 3 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Joe Anderson Council Member Chelsea Nunnenkamp Council Member Tena Prange Council Member Rita Russell Council Member Steven Ward Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Deputy City Clerk Harkness Deputy City Manager Dodd Director of Finance Engels Director of Parks, Recreation, Library and Golf Underhill Director of Public Works Rachael Director of Community Development Power Director of Information Technology Isenbart Director of Communications Harguth Director of Human Resources Weiske Deputy Chief of Police Fender Deputy Director, Business Solutions and Engineering Stone, Utilties Budget Manager Nolan, Finance Marketing and Social Media Strategist and Editor Davis, Communications Audio Visual Engineer Hessling, Information Technology System Administrator Munnell, Information technology Police Officer Benkelman Page 1 of 3 Draft Page 13 of 307 City Council Special Meeting August 26, 2024 4 South Broadway Public Realm Action Plan a) Executive Director of the Englewood Downtown Development Authority Hilarie Portell and Cheney Bostic, Founder & Principal, STUDIOSEED, were present to discuss the South Broadway Public Realm Action Plan. 5 Draft Proposed 2025 Operating & Capital Budget a) Director of Finance Kevin Engels, and Budget Manager Jennifer Nolan were present to discuss the Draft Proposed 2025 Operating & Capital Budgets. 6 July 2024 General Fund Monthly Financial Report Review a) Director of Finance Kevin Engels was present to review the Monthly Financial Report. 7 Break - 10 minutes The meeting recessed at 7:42 p.m. for a break. The meeting reconvened at 7:55 p.m. with all Council Members present. 8 Executive Session a) Executive Session in the Pike's Peak conference room for discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)(I) for the purpose of annual employment reviews of City Attorney and City Manager. Moved by Council Member Othoniel Sierra Seconded by Council Member Chelsea Nunnenkamp MOTION TO MOVE INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL MATTER UNDER C.R.S. SECTION 24-6- 402(4)(F)(I) FOR THE PURPOSE OF ANNUAL EMPLOYMENT REVIEWS OF CITY ATTORNEY AND CITY MANAGER. For Against Abstained Rita Russell x Tena Prange x Steven Ward x Othoniel Sierra (Moved By) x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Kim Wright x 7 0 0 Motion CARRIED. Page 2 of 3 Draft Page 14 of 307 City Council Special Meeting August 26, 2024 The meeting recessed at 7:56 p.m. to go into Executive Session. The meeting reconvened at 9:55 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 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 Rita Russell x Tena Prange (Seconded By) x Steven Ward x Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Kim Wright x 7 0 0 Motion CARRIED. 9 Reports from Board and Commission Council Liaisons 10 Council Member’s Choice 11 City Manager’s Choice 12 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 10:25 p.m. Deputy City Clerk Page 3 of 3 Draft Page 15 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Vance Fender DEPARTMENT: Police DATE: September 3, 2024 SUBJECT: IGA Arapahoe County E911 and the City of Englewood for use of backup communications center DESCRIPTION: This is an ordinance for an Intergovernmental Agreement between the Arapahoe County E911 Authority and the City of Englewood for the use of the 911 Authority backup communications center. RECOMMENDATION: Police Department Staff recommends council pass this bill for an ordinance as written. PREVIOUS COUNCIL ACTION: In 1988 the City of Englewood entered into an Intergovernmental Agreement for the establishment of the Emergency Telephone Service Authority which created the Arapahoe County E-911 Emergency Telephone Service Authority. In 2000, the City entered into the first amended IGA, and in 2020 the City entered into the second amended IGA, and restated the Arapahoe County E911 Authority Intergovernmental Agreement. SUMMARY: The Arapahoe County E911 Authority has established a back up communications center for the use of all of the Public Safety Answering Points (PSAP) within Arapahoe County, This Intergovernmental Agreement allows the City of Englewood to utilize the backup communications center located in Littleton. This back up center may be used by the City of Englewood in the event the Englewood PSAP (911 Communications Center) is non-operational or for training purposes. ANALYSIS: This IGA will allow Englewood to utilize this backup center. It was paid for utilizing Arapahoe E911 Authority funds. COUNCIL ACTION REQUESTED: Police Department Staff recommends council pass this bill for an ordinance as written. FINANCIAL IMPLICATIONS: There are no financial implications allowing Englewood to utilize this backup communications center. If Englewood is not allowed to use the center, the City would not have an operational Page 16 of 307 911 Communications Center in the case of catastrophic failure of the 911 system within Englewood. CONNECTION TO STRATEGIC PLAN: This directly affects Safety in the Strategic Plan. OUTREACH/COMMUNICATIONS: None ATTACHMENTS: 230821 Backup PSAP Lease - FINAL Signed (002 240709 BCC IGA - Arapahoe 911 CLEAN Backup Center Policies Clean (003) CB #32 - IGA Arapahoe County 911 Authority Backup Center Page 17 of 307 1 LEASE AGREEMENT THIS LEASE AGREEMENT (“Lease”) is entered into effective July 1, 2023 (“Effective Date”) by and between the Board of County Commissioners of Arapahoe County, State of Colorado (hereinafter called “Landlord”) and the Arapahoe County 911 Authority, a Colorado local government entity (hereinafter called the “Tenant”). Both Landlord and Tenant shall be hereinafter referred to individually as a “Party” and collectively as the “Parties.” WHEREAS, Tenant collects 911 fees in its service area in Arapahoe County, Colorado and uses those funds to support the provision of 911 services. 911 services are provided at public safety answering points (each, a “PSAP”) located in Arapahoe County, which are operated by law enforcement and fire rescue agencies in Arapahoe County (each, a “PSAP Agency”); and WHEREAS, Tenant and the PSAP Agencies are in need of a backup PSAP to use in the event that a PSAP becomes nonoperational; and WHEREAS, Tenant desires to use the Leased Premises to construct and operate a backup PSAP which any PSAP Agency may use in the event its PSAP is non-operational. The backup PSAP at the Premises may also be used for training, office space for the Tenant’s executive director, and other purposes as permitted herein; and WHEREAS, Landlord is willing to lease the Leased Premises pursuant to the terms set forth below. NOW THEREFORE in consideration of the recitals and the mutual promises contained herein, the adequacy and receipt of which is hereby acknowledge, the Parties agree as follows: 1. Premises. Landlord hereby leases to the Tenant the premises within the Arapahoe County Administration Building located at 5334 South Prince Street, Littleton, Colorado 80120 (the “Building”). The leased premises includes the exclusive area, along with non-exclusive common area, as described and shown in Exhibit A, attached hereto and incorporated herein (the “Leased Premises”). For purposes of clarity, the exclusive area is that portion described on Exhibit A as “Arapahoe 911 Authority,” while the non-exclusive common area are those portions described as “Building Amenity Area,” “Building Service Area,” “Floor Amenity Area,” “Floor Service Area,” “Base Building Circulation,” “Extended Corridor,” and “Occupancy Storage.” A. Fixtures, Furniture, and Equipment. Tenant is responsible for the purchase and installation of all fixtures, furniture, and equipment within the exclusive area of the Leased Premises at its own expense. B. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants, and conditions on Tenant’s part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance from Landlord. 2. Term and Termination. A. Term. The term of this Lease (the “Term”) shall begin on the date of the certification of occupancy from the City of Littleton for the Leased Premises (the “Commencement Date”) and shall end ninety nine (99) years after the Commencement Date. Page 18 of 307 2 B. Termination for Convenience. Either Party may terminate this Lease for any reason or no reason by giving written notice to the other Party of such termination. The effective date of termination under this Section 2.B. shall be the third (3rd) anniversary of the date on which the notice is given. The Landlord may not give notice of termination under this Section 2.B. until the third (3rd) anniversary of the Commencement Date. C. Termination for Breach. If a Party materially breaches this Lease (the “Breaching Party”), the other Party (the “Terminating Party”) may initiate termination of this Lease by giving the Breaching Party written notice of the breach. If the Breaching Party does not cure the breach before the first (1st) anniversary of the date the notice was given, the Terminating Party may terminate this Lease for cause by giving the Breaching Party written notice of termination (provided that the breach remains uncured at when then termination notice is given). This right to terminate for breach is in addition to any other remedies available at law or in equity. D. Termination by Agreement. The Parties may terminate this Lease by written agreement. 3. Monthly Rent. Tenant agrees to pay the Landlord and the Landlord agrees to accept, during the term hereof monthly rent for costs of rental of the Leased Premises based on the cost per square foot as set forth in Exhibit B, attached hereto and incorporated herein in the amount of Zero Dollars ($0.00) (the “Monthly Rent”). The Landlord reserves the right to increase the Monthly Rent amount after discussions with the Tenant and mutual agreement of the Parties. In the event mutual agreement is not obtained, the Landlord may terminate this Lease for convenience under Section 2.B. A. Payment of the Monthly Rent shall be made on the first of each month during the term hereof, to Landlord at: Facilities and Fleet Management 1610 West Littleton Boulevard, Suite 100 Littleton, CO 80120 Attn: Patrick O’Neill or at such place as Landlord from time to time designates by notice as provided herein. If the Term herein commences on a day other than the first day of a calendar month, then Tenant shall pay to Landlord the rent for the number of days that exist prior to the first day of the succeeding month, with a similar adjustment being made at the termination of the Lease. B. A late fee in the amount of 5% of the Monthly Rent shall be assessed if payment is not postmarked or received by Landlord on or before the tenth day of each month. 4. Use/Access. A. Use. Tenant is hereby granted access to occupy and use the Leased Premises exclusively for general office and communications use and common area space for establishing and operating a backup 9-1-1 emergency communications center/PSAP, conducting 9-1-1 training activities and exercises, housing 9-1-1 communication center equipment, providing access to Page 19 of 307 3 PSAP Agencies to use the Leased Premises for their backup communications through a license agreement or similar agreement, as well as providing office space for the Tenant’s executive director (collectively the “Use”). B. Access and Keys. Tenant may permit the dispatchers, call takers, and other personnel of the PSAP Agencies who are necessary to operate and provide 9-1-1 call taking and dispatching services (“PSAP Agency Personnel”) to have access to the Building and Leased Premises. Pursuant to policies to be put in place between the Tenant and the PSAP Agencies, PSAP Agency Personnel may have access to the Building and Leased Premises on a “as needed” basis, without prior notice to the Landlord or the Tenant, in order to provide 9-1-1 call taking and dispatching services in the event of emergencies, including without limitation when the PSAP Agency’s PSAP is non-operational. Except as otherwise set forth herein, nothing herein shall give Tenant the right to use the Building and/or Leased Premises for any other purpose or to sublease the use of the Leased Premises. Prior to the Commencement Date, Landlord and Tenant will develop a policy for Tenant’s access to the Building and Leased Premises, including for select PSAP Agency Personnel to provide the PSAP Agencies with access to the Building and Leased Premises consistent with this Lease, and to permit other personnel of law enforcement, fire rescue, first responder, and emergency service agencies to access the Building and Leased Premises for training and during emergencies. C. Maintenance. Tenant shall maintain the exclusive area of the Leased Premises in good order and condition, except for reasonable wear and tear. Upon the termination or expiration of the Lease, Tenant shall return the Leased Premises in the same condition received and free of all trash, except for reasonable wear and tear. D. Parking. Tenant will have access to parking in the employee parking areas located at the Building. Fire lanes must be kept open for police, fire, ambulance, and other emergency units. Tenant shall be responsible for property damages or injuries in the parking area related to the Tenant’s use of the Leased Premises during the term of this Lease. E. Business Hours. Due to the nature of the Tenant’ Use of the Building and Leased Premises (i.e., for backup PSAP operations), the “normal business hours” of operation of the Building shall be twenty-four (24) hours a day, seven (7) days a week. F. Access to Conference Rooms. Tenant may have access to reserve and utilize certain non-exclusive training rooms and conference spaces (as described in the Leased Premises). Reservation of these non-exclusive training rooms and conference spaces is on a first come first served basis and Tenant is not guaranteed availability. Tenant shall notify the Landlord’s director of facilities and fleet management using the email set forth on the signature page hereto (or such other person as the Landlord may identify in writing) a minimum of five (5) business days prior to the desired date of use. In the event that Tenant uses the training rooms and conference spaces more than twelve (12) times per year, Tenant may be charged for the additional time(s) based on written agreement between the Parties. Landlord reserves the right to cancel any reservations with 48 hours’ notice and Landlord will attempt to find alternate space for the Tenant. G. Disruption/Removal. Tenant understands that the Leased Premises are being made available only for the Use permitted herein and on the condition that the Tenant, its staff, and its attendees do not disrupt the use of the Building or the normal condition of the Leased Premises, subject to the Tenant Improvements permitted herein and described in Section 7. Tenant Page 20 of 307 4 agrees at all times to adhere to all rules and policies of Landlord and to follow all reasonable directions and instructions of Landlord’s officials. Landlord reserves the right to revoke access privileges to any person and/or Tenant guests for violating the law or any policy, rule, or procedure, or if the person’s conduct becomes, in Landlord’s sole and absolute discretion, disruptive or creates concerns for the health and safety of any other person. In such event, Tenant shall make arrangements for the immediate removal of such person from the Leased Premises and Building. H. No Smoking. Smoking is prohibited by law at all times within all buildings owned, leased, or operated by the Landlord. I. Alcohol. Alcohol is strictly prohibited at the Building and on the Leased Premises unless prior approval is obtained from the Landlord’s Board of County Commissioners. J. Landlord Access. Landlord and its agents may access the Leased Premises, upon twenty-four (24) hours’ notice to Tenant, at reasonable times to examine the condition of the Leased Premises, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant’s Use and business. Further, Landlord may enter into the Leased Premises to inspect any repairs, improvements, alterations, or additions thereto. If, as a result of such repairs, improvements, alterations, or additions, Tenant is deprived of the use of the Leased Premises, the Monthly Rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that portion of the Leased Premises of which, Tenant shall be deprived as a result thereof. 5. Accident Reports. In the case of accident or emergency, Tenant agrees to cooperate with the Landlord in the formulation of an action plan and response to media inquiries. All accidents, significant occurrences, and incidents, including situations requiring a law enforcement response, must be reported to the Landlord as soon as possible, but not later than the next business day. Reports must include: • Name, address and telephone number of the injured person or persons; • Name, address and telephone number of any witnesses, along with a witness statement; • Description of the accident (how, when, and where it happened); • Description of the extent of bodily injury and/or property damage; • Action taken by the Tenant or other persons; and • Name of the Tenant’s contact person and his or her phone number(s). 6. Landlord Provided Services. Landlord shall provide to Tenant during the occupancy of said Leased Premises, as a part of the rental consideration, the following services: A. Heat, ventilation, cooling, lighting, and electric power as necessary to support the Tenant’s Use and as required for the comfortable use and occupancy of the Leased Premises during normal business hours; B. Trash removal will occur on an as needed basis. Building standard janitorial services will occur up to five (5) times per week; Page 21 of 307 5 C. IT ports for computers and telephones, along with broadband internet access sufficient to support Tenant’s Use; D. Domestic running water and necessary supplies in washrooms sufficient for the normal use thereof by occupants in the Building; E. Snow removal to include Building sidewalks and parking area. In the event of a large weather event where the Building is closed, snow removal will occur as soon as practicable and F. Sidewalk repair and maintenance, landscape maintenance, and trash removal services. 7. Tenant Provided Services. Tenant’s Use will require basic emergency service (“BES”) provided by the basic emergency service provider under a tariff approved by the Colorado Public Utilities Commission. Tenant shall be responsible for contracting for and paying for BES as needed for Tenant’s Use. BES is a telecommunications service necessary to aggregate, route, and transport 9-1-1 calls to the appropriate PSAP. Tenant’s Use requires uninterrupted power and Tenant will install a generator and uninterruptible power supply system (“UPS”) as Tenant Improvements. 8. Tenant Improvements. Except for those permissions granted herein, Tenant may not conduct any alterations to the Building, including not hanging decorations, signs, bunting, or other advertising materials, without prior written authorization of the Landlord, which shall not be unreasonably withheld or delayed. Tenant may, at Tenant’s sole cost and expense, construct tenant improvements to the Leased Premises, including but not limited to the right to install technology, BES, outlets, wiring, wall partitions, flooring, paint, and any other improvements necessary for Tenant’s Use (“Tenant Improvements”). Certain Tenant Improvements, such as the generator and the UPS, may be located in the Building or outside the Building and not in the Leased Premises, subject to Landlord approval (not to be unreasonably withheld). Tenant shall coordinate Tenant’s Improvements and installation as not to disrupt the normal business of the Landlord or other occupants of the Building. Landlord and Tenant shall jointly agree, in writing, on the plan and specifications for Tenant’s Improvements, and Landlord’s approval shall not be unreasonably withheld or untimely delayed. Any trade fixtures installed on the Leased Premises by Tenant, including movable partitions, counters, shelving, showcases, mirrors, desks, and the like may be removed by Tenant upon termination of the Lease, provided that Tenant bear the costs of such removal, and further that Tenant repair at its own expense any and all damages to the Leased Premises resulting from such removal. 9. Loss and Damage. Landlord shall not be responsible for any loss of or damage to property of Tenant, PSAP Agencies, or of others located on the Leased Premises, or for any loss of articles or equipment left unattended at the Leased Premises, except where caused by the willful act or omission or negligence of Landlord, or Landlord’s agents, employees or contractors. Tenant assumes all responsibility for any goods or materials that may be placed on the Leased Premises. 10. Tenant Insurance. Tenant shall provide general liability insurance and property insurance on its inventory, equipment, and all other personal property located on the Premises against loss resulting from fire or other casualty at Tenant’s sole cost. Tenant shall have the right Page 22 of 307 6 to provide such insurance under a self-insurance program, or, at any time during the term of this Lease, to provide such insurance through an insurance company. Tenant shall provide workers’ compensation for its employees. Tenant shall require each PSAP Agency who uses the Building and Lease Premises to provide workers’ compensation insurance and general liability insurance (such insurance may be provided under a self-insurance program or through an insurance company). 11. Indemnification. To the extent permitted by law, Tenant shall indemnify and hold harmless the Landlord and its elected and appointed officials, officers, employees, and agents from and against any and all losses, damages, liabilities, expenses, and awards (including without limitation attorneys’ fee and defense costs) arising out of or resulting from claims, suits, or actions brought by third parties which arise out of or relate to Tenant’s breach of this Lease or the Tenant’s actions or omissions with constitute negligence or willful misconduct with respect to this Lease, the Building, or the Leased Premises. Tenant’s obligation to indemnify pursuant to this paragraph, and to provide any extended insurance coverage where applicable, shall survive the completion or termination of this Lease. 12. Limitation on Liability. Notwithstanding anything herein to the contrary, (a) neither Party shall not be liable for any indirect, incidental, special, or consequential damages and (b) Landlord shall not be liable for damages resulting from the use of the Leased Premises by the Tenant or any PSAP Agency; in each case, however arising, including failure of voice or data lines, even if the Party in question has been advised of the possibility of such damages. The foregoing sentence shall not apply to damages awarded to a third party for which Tenant is obligated to provide indemnification under Section 10. Landlord will not assume liability for cancellation due to emergencies or unforeseen circumstances. 13. Independent Contractor. Tenant is an independent contractor. AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKER’S COMPENSATION BENEFITS AND IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP. Notwithstanding any provision appearing in this Lease, neither Tenant nor any agent or employee of the Tenant shall be or shall be deemed to be an agent or employee of the Landlord. All personnel of the Tenant shall be and remain at all times employees of the Tenant. Tenant shall pay when due all required employment taxes, income taxes, and local head taxes on any monies paid by the Landlord pursuant to this Lease. 14. Notice. Any notices required or permitted under the terms of this Lease shall be in writing and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, return receipt requested; or (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid, to the following addresses unless and until one party notifies the other party of any change of address. To the Landlord: Director of Facilities and Fleet Management 1610 W. Littleton Blvd., Suite 100 Littleton, CO 80120 Page 23 of 307 7 with a copy to: Arapahoe County Attorney 5334 S. Prince St. Littleton, CO 80120 To the Tenant: Arapahoe County 911 Authority 5334 South Prince Street Littleton, CO 80120 Attn: Cathy Raley with a copy to: Fairfield and Woods, P.C. 1801 California St. Ste. 2600 Denver, CO 80202 Attn: Ryan Tharp 15. General Provisions. A. Assignability or Subcontracting. Tenant shall have the express right to execute license agreements or the like with the PSAP Agencies and other first responder agencies to use the Leased Premises for their backup communications/backup PSAP and similar operations. Except for the permissions granted in this Lease, Tenant shall not assign or transfer its interest in this Lease without the written consent of the Landlord, which shall not be unreasonably withheld. Any unauthorized assignment or transfer shall render this Lease null, void, and of no effect as to the Landlord. B. Governing Law/Forum/Interpretation. This Lease shall be governed by the laws of the State of Colorado. Venue for any civil action relating to this Lease shall be in Arapahoe County. EACH PARTY WAIVES ANY RIGHT IT HAS TO A TRIAL JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS LEASE. Both Parties agree that the rule that ambiguities in a contract are to be construed against the drafting Party shall not apply to the interpretation of this Lease. If there is any conflict between the language of this Lease and any exhibit or attachment, the language of this Lease shall govern. C. Force Majeure. Neither Landlord nor Tenant shall be liable for any delay in or failure of the Lease, any covenant or promise contained in this Lease, nor shall any delay or failure constitute a default or give rise to any liability for damages if such delay or failure is caused by “force majeure.” “Force majeure” means acts of God, acts of the public enemy, unusually severe weather, fire, floods, epidemics, quarantines, strikes, or labor disputes. D. Third-Party Beneficiary. Nothing contained herein shall be deemed or construed by the Parties nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the Parties, it being understood and agreed that neither any provision contained herein, nor any acts of the Parties, shall be deemed to create any relationship between the Parties other than the relationship of Landlord and Tenant. E. CGIA. The Parties acknowledge and agree that each Party and its respective elected officials, officers and employees, are relying on, and do not waive or intend to waive, by any provision of this Lease, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it is from time to time amended. Page 24 of 307 8 F. No Waiver of Rights. Landlord’s approval or acceptance of, or payment for, this Lease shall not be construed to operate as a waiver of any rights or benefits to be provided under this Lease. No covenant or term of this Lease shall be deemed to be waived by either Party except in writing, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver, unless specifically so stated. G. Severance. Should any provision of this Lease be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the Parties that the remaining provisions of this Lease shall be of full force and effect, unless such nullified provisions are found by such court to be material to this Lease. H. Captions. The captions and headings in this Lease are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. I. Entire Agreement. This instrument contains the entire and only agreement between the Parties, and no oral statements or representations, or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both Parties J. Binding Effect. All provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. K. Counterparts. This Lease may be executed in multiple identical original counterparts, all of which shall constitute one agreement. L. IN WITNESS WHEREOF, the Parties have caused this Lease Agreement to be executed by their duly authorized representatives. TENANT: ARAPAHOE COUNTY 911 AUTHORITY By: Name: Catherine M. Raley Title: Executive Director Date: Email: CRaley@arapahoegov.com August 22, 2023 Page 25 of 307 9 LANDLORD: ARAPAHOE COUNTY, COLORADO By: Name: Patrick O’Neill Title: Director of Facilities & Fleet Management Date: Email: Page 26 of 307 10 EXHIBIT A PREMISES BUILDING AND PREMISES 1. “Building” shall mean the building located at 5334 South Prince Street, Littleton, Colorado 80120, as shown on the drawings attached as pages 2 and 3 of this Exhibit A. 2. “Leased Premises” shall mean the areas of the Building described on the drawings attached as pages 2 and 3 of this Exhibit A as “ Building Amenity Area,” “Building Service Area,” “Floor Amenity Area,” “Floor Service Area,” “Base Building Circulation,” “Extended Corridor,” and “Occupancy Storage” (“Common Area”), and “ARAPAHOE 911 AUTHORITY” (“Exclusive Area”). Page 27 of 307 11 EXHIBIT B LEASED PREMISES COST PER SQUARE FOOT The current cost per square foot is $0 per square foot. Page 28 of 307 Intergovernmental Agreement for Use of the Arapahoe County 911 Authority Backup Communications Center Page 1 of 5 INTERGOVERNMENTAL AGREEMENT FOR USE OF THE ARAPAHOE COUNTY 911 AUTHORITY BACKUP COMMUNICATIONS CENTER This Intergovernmental Agreement for Use of the Arapahoe County 911 Authority Backup Communications Center (“Agreement”), effective August 1, 2024 (“Effective Date”), is entered into by and between the Arapahoe County 911 Authority, a Colorado local government entity (“Authority”) and each agency that executes this Agreement and is approved by the Authority (each, an “Agency” and collectively the “Agencies”). The Authority and the Agencies are referred to individually as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the Authority recently entered into that certain Lease Agreement (“Lease”) with the Board of County Commissioners of Arapahoe County, State of Colorado in which the Authority has leased the premises located within 5334 South Prince Street, Littleton, Colorado 80120. The leased premises includes the Backup Communications Center (the “BCC”); WHEREAS, the Authority is a local government that collects the emergency telephone charge and financially supports the provision of emergency telephone service (911 Service) in Arapahoe County. The Authority does not directly operate any public safety answering points (each, a “PSAP”) or provide emergency services, but it provides support and services to agencies that do; WHEREAS, the Agency operates a PSAP within Arapahoe County; WHEREAS, the BCC is a PSAP operated by the Authority for the purpose of providing a backup center for agencies within Arapahoe County to use for training purposes or in the event an agency’s PSAP is non-operational; WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Part 2, Article I, Title 29, C.R.S., encourage and authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, from time to time, the Agency desires to use the BCC for training purposes or in the event its own PSAP is non-operational, and the Authority desires to provide to the Agency access to the BCC, pursuant to the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth herein, the Parties agree as follows: AGREEMENT Section 1. Agreement. The Authority has adopted policies regarding the usage of the BCC (the “Policies”). The Policies are incorporated herein and made a part of this Agreement. To the extent of any conflict of the terms between the Policies and this Agreement, the terms of this Agreement shall control. In addition, the Parties hereby acknowledge and agree that the Authority may amend the Policies from time to time. Such amendment(s) shall be binding upon the Agency, without any required approval of the Agency. Upon making any changes to a Policy, the Authority shall provide notice to the Agency. Notwithstanding the above, the terms of this Agreement shall be subject to the terms of the Lease and the Agency shall comply with the terms of the Lease. Nothing in this Agreement creates any sort of fiscal obligations on the Parties. The Agency has been provided with a copy of the Lease and the Policies. Page 29 of 307 Intergovernmental Agreement for Use of the Arapahoe County 911 Authority Backup Communications Center Page 2 of 5 Section 2. Access. Subject to the terms of this Agreement (including the Policies and the Lease), the Authority hereby authorizes the Agency to use the BCC. Each Agency shall be responsible for any damage its personnel cause to the BCC or the property on which it is located. Section 3. Term. The term of this Agreement (“Term”) shall continue in perpetuity unless terminated by either Party pursuant to the terms herein. The Term shall be coterminous with the term of the Lease, and in the event the Lease terminates or expires, this Agreement shall automatically terminate. In addition, the Authority may terminate this Agreement by providing nine (9) months’ notice to the Agency. The Agency can terminate this Agreement immediately upon giving written notice to the Authority. Section 4. Event of Default. The following shall be an event of default (“Event of Default”-) under this Agreement: Failure by either Party to observe and perform any covenant, condition or agreement on its part to be observed or performed hereunder, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied, shall be received by the defaulting Party; provided, that if the failure stated in the notice cannot be corrected within the applicable period, the non-defaulting Party shall not withhold its consent to an extension of such time if, in the non-defaulting Party's reasonable judgment, corrective action can be instituted by the defaulting Party within the applicable period and diligently pursued until the default is corrected. Section 5. Remedies on Default. Whenever an Event of Default occurs, and continues beyond any applicable cure period, the non-defaulting Party hereunder may, without any further demand or notice, terminate this Agreement and pursue all rights and remedies at law or in equity. Section 6. Insurance. The Agency shall maintain broad form property damage insurance on the BCC during the term of this Agreement. The cost of the required insurance shall be paid by the Agency. Upon execution of this Agreement, the Agency shall provide a certificate of insurance evidencing commercial general liability coverage against claims arising out of bodily injury, death, damage to or destruction of the property of third parties, including loss of use thereof, and including products and completed operations in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate. Such insurance policy shall be primary and non- contributory and shall name the Authority and the Board of County Commissioners of Arapahoe County as additional insureds. In addition to the above and in conformance with the terms of the Lease, the Agency shall maintain workers’ compensation insurance in the amount required by statute, and the Agency shall maintain business automobile liability coverage of limits not less than One Million Dollars ($1,000,000.00) per person (Bodily Injury) and One Million Dollars ($1,00,000) property damage per occurrence. Section 7. Notice. Any notice required or permitted under this Agreement shall be given by personal delivery or certified/registered mail, postage prepaid, or by electronic mail, and addressed as follows: Page 30 of 307 Intergovernmental Agreement for Use of the Arapahoe County 911 Authority Backup Communications Center Page 3 of 5 To the Authority:Arapahoe County 911 Authority Attn: Executive Director 5334 South Prince Street Littleton, CO 80120 Email: CRaley@arapahoegov.com And a copy to (which shall not constitute notice): Fairfield and Woods, P.C. 1801 California St. Ste. 2600 Denver, CO 80202 Attn: Ryan Tharp Email: rtharp@fwlaw.com To the Agency:As set forth on the Agency’s signature page If provided by certified/registered mail, the notice shall be deemed given three (3) Business Days after being deposited in the United States mail. Either Party may change its address for receiving notice by providing the other Party with notice of the address change in accordance with this Section. Section 8. Assignment. The Agency may not assign this Agreement or otherwise transfer all or any part of its rights or obligations under this Agreement without the Authority’s prior written consent. Section 9. Governing Law. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. In any dispute arising from or relating to this Agreement, the prevailing Party shall be awarded its reasonable attorneys' fees, costs, and expenses, including any attorneys' fees, costs, and expenses incurred in collecting upon any judgment, order, or award. Section 10. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties, and all prior and contemporaneous conversations, negotiations, possible alleged agreements, representations, covenants, and warranties concerning the subject matter hereof are merged herein. Section 11. Severability. If any provision of this Agreement is held invalid or unenforceable, all other provisions shall continue in full force and effect. Section 12. No Waiver. No waiver of any provisions of this Agreement shall be deemed to constitute a waiver of any other provisions of this Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any Event of Default hereunder be deemed a waiver of any subsequent Event of Default hereunder. Section 13. Non-Appropriation. All financial obligations of a Party under this Agreement are subject to the annual appropriations of funds by its own governing body. Section 14. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party beneficiary or beneficiaries or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this Agreement. Section 15. Governmental Immunity. This Agreement is not intended and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Parties, their employees, and volunteers, under federal or state constitutional, statutory or Page 31 of 307 Intergovernmental Agreement for Use of the Arapahoe County 911 Authority Backup Communications Center Page 4 of 5 common law, including but not limited to the Colorado Governmental Immunity Act, CRS § 24-10-10, et seq., as may be amended. Section 16. Counterpart Execution. This Agreement may be executed in several counterparts and by facsimile or electronic PDF, each of which shall be deemed an original and all of which shall constitute one and the same instrument. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Page 32 of 307 Intergovernmental Agreement for Use of the Arapahoe County 911 Authority Backup Communications Center Page 5 of 5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives indicated below. ARAPAHOE COUNTY 911 AUTHORITY, a Colorado local government entity By: ____________________________________________ Date: ___________________________ Name: Catherine M. Raley Title: Executive Director ATTESTED: By: ____________________________________________ Name: APPROVED AS TO FORM: By: ____________________________________________ Name: Page 33 of 307 Intergovernmental Agreement for Use of the Arapahoe County 911 Authority Backup Communications Center Page 6 of 5 CITY OF ENGLEWOOD By: ____________________________________________ Date: ___________________________ Name: Title: By: ____________________________________________ Date: ___________________________ Name: Title: ATTESTED: By: ____________________________________________ Name: APPROVED AS TO FORM: By: ____________________________________________ Name: Notice address: To the Agency: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 CityClerk@englewoodco.gov With a copy to (which shall not constitute notice): City Attorney’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cao@englewoodco.gov Page 34 of 307 Created 2/13/2023 – C. Raley ARAPAHOE COUNTY 911 AUTHORITY BACKUP COMMUNICATION CENTER (“BCC”) POLICIES 1. BCC ACCESS The purpose of this policy is to define who will be provided access to the BCC and the uses for the BCC. A. Approved Access to the BCC The Communications personnel, Command Staff, and Incident Command Staff of an Agency that has signed the Intergovernmental Agreement with the Arapahoe County 911 Authority regarding the BCC may use the BCC. B. Approved Uses of the BCC The following are approved uses of the BCC and shall be prioritized in the following manner: a) Emergency evacuation from a primary or secondary PSAP b) Large scale incident dispatching and incident command c) Long Term incident dispatching and incident command d) Training e) Meetings The uses shall be prioritized in the order above and the Agency shall ensure that lower priority uses give way to high priority uses. C. Reservation The Authority reserves the right to make full use of the BCC, and the Authority retains all rights to operate, maintain, and repair the BCC, at any time and in such a manner as it deems necessary or convenient. Nothing contained herein shall be deemed or implied to be a gift, grant, conveyance, waiver, release, or abandonment of any interest in and to the BCC to the Agency for any use or purpose whatsoever, including but not limited to the premises itself, the technology, the computer systems, and the software. Except as may be Page 35 of 307 Created 2/13/2023 – C. Raley specifically provided herein, no right, privileges, or immunities of any Party shall insure to the benefit of any third-party, nor shall any third-party be deemed or considered to be a beneficiary of any of the provisions herein contained. D. Badge Access Each Agency shall be provided with badges that will allow for entry to the BCC. Each Agency shall retain those badges and keep them in a safe, secured place while not in use. If a badge is lost or misplaced, the 911 Authority Executive Director and the 911 Authority Tech Advisor shall be notified immediately so the badge can be deactivated. 2. USAGE RESPONSIBILITIES The purpose of this policy is to define the responsibilities of each Agency when using the BCC for any permitted purpose. Any Agency that uses the BCC for any permitted purpose shall ensure the following: A. Activating the BCC a) Park in the designated parking spots on the north side of the building. There are 14 spots. b) Change all computers systems to the sign in of the Agency that is using the BCC. c) Immediately notify the 911 Authority Executive Director of the activation by phone or email. B. Use of the BCC a) Agency personnel shall use the BCC in conformance with that certain Intergovernmental Agreement by and between the Arapahoe County 911 Authority and the Agency. b) Agency personnel shall only use the BCC; provided however, Agency personnel may use the common area restrooms. C. Deactivating the BCC a) Log off all computer systems so they are at the initial sign on screen – Do not turn off any of the computers. b) Wipe down any areas that were used. c) Dispose of any garbage. d) Ensure there is no food left in the refrigerator. e) Ensure that all lockers are emptied of personal belongings. f) Turn off all overhead lights. g) Ensure all doors are completely closed. h) Notify the Authority Executive Director of the deactivation by phone or email. Page 36 of 307 Created 2/13/2023 – C. Raley i) Clean the BCC! D. Maintenance of the BCC The Agency shall, in addition to any maintenance obligations set forth in these Policies, maintain the BCC in good, working order and clean condition, subject to ordinary wear and tear. In the event of any damage caused by Agency personnel to the BCC or its computers, technology, facilities, software, or any other item within the BCC or in the building in which the BCC is located, the Agency shall be fully responsible for repair and/or replacement of the damage, at its sole cost and expense. It shall immediately notify the Executive Director of the Authority in the event of any damage. Such repair shall occur within seven (7) days of the occurrence of such damage. In addition to the above, the Authority reserves the right, and the Agency acknowledges and agrees to such right, to cause Agency to pay a cleaning fee in the event the Agency leaves the BCC in a state of uncleanliness, pursuant to the Authority’s reasonable discretion. Due to the possible immediate need of this facility by another agency, it is critical that the center is in a constant state of readiness. All of the above requirements shall be done each time the BCC is used. 3. USE OF IT EQUIPMENT The purpose of this policy is to define the responsibilities of each Agency when using computers and related technology in the BCC that is owned by the Authority. The policy also addresses the use of personal devices and other technology in the BCC. The BCC uses sophisticated computer and communications systems (“Information Systems”) to assist staff in performing their job functions. These guidelines advise all users regarding the access to and the disclosure of Information Systems. These guidelines establish the Arapahoe County 911 Authority expectations for all Agencies concerning the disclosure of information via the Arapahoe County 911 Authority Information Systems. A. Information Access, Content, and Use This document addresses general Information Systems policies and guidelines, specific issues related to appropriate content, and Agency use of the Arapahoe County 911 Authority Information Systems. The Arapahoe County 911 Authority Information Systems are owned by the Authority and are to be used for permitted purposes only. The use of the Arapahoe County 911 Authority facilities, property, equipment, or communication systems is limited to the uses described in these policies and guidelines. No Arapahoe County 911 Authority equipment or communications systems, including all hardware and software, may be removed from the property without prior express, written consent from the Executive Director of the Authority. Page 37 of 307 Created 2/13/2023 – C. Raley Personal equipment, including but not limited to all computer hardware and software, including thumb drives, may not be brought into the BCC premises. Agency personnel are not to use their personal accounts during work hours or use BCC equipment to reach personal sites unless it is for legitimate business purposes. Moreover, no Agency personnel may log into the BCC Wi-Fi on their personal devices, including but not limited to cellular phones and iPads. Agency personnel shall not use BCC computers to charge their personal devices. They shall bring in a power adaptor and plug in to an electrical outlet. B. Protecting Confidential Information Maintaining the confidentiality of sensitive information is crucial. Confidential information stored on or carried over the Arapahoe County 911 Authority Information Systems could become the subject of accidental or intentional interception, mis-delivery, hacking or even unauthorized internal review. The Agencies shall adhere to the necessary precautions outlined in these guidelines. a) Anything stored on an IT device within the BCC, which includes but is not limited to all BCC computers, software, and technology, can be accessed by the Authority. b) Be cautious of suspicious emails, senders, and attachments. c) Do not share your passwords with anyone. d) Do not introduce malicious programs into the network or cause any other security breach. e) Do not connect devices to the Authority computers or network without written authorization from the Authority Executive Director. f) Do not use the computers for anything other than official business. The Authority is not the custodian of any CAD records or records of official actions. To the extent that the Agency’s use and operations within the BCC create records that are subject to the Colorado Open Records Act (“CORA”), the Agency is the custodian of such records. The Agency should use good judgment and remember that anything related to the business of any Agency is subject to the Colorado Open Records Act. C. Privacy Statement This policy is intended to guide agency personnel in the performance of their duties. It is also intended to place Agency personnel on notice that they should not expect the Arapahoe County 911 Authority Information Systems and their contents to be confidential or private. All data, including any that is stored or printed as a document, is subject to audit and review. No Agency personnel has a reasonable expectation of personal privacy with respect to the use of any of the BCC facilities, property, equipment, or communications systems. This includes anything created or received on the Page 38 of 307 Created 2/13/2023 – C. Raley Information Systems even if used for business purposes and in the normal course of operations. The Arapahoe County 911 Authority reserves the right, but not the obligation, to monitor use of the Information Systems including the Internet, E-mail, computer transmissions, and electronically stored information created, transmitted, or received by agency staff with the Arapahoe County 911 Authority Information Systems. Page 39 of 307 1 ORDINANCE COUNCIL BILL NO. 32 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY 911 AUTHORITY FOR USE OF THE ARAPAHOE COUNTY 911 AUTHORITY BACKUP COMMUNICATIONS CENTER WHEREAS, in 1988 the City of Englewood entered into an Intergovernmental Agreement for the establishment of the Emergency Telephone Service Authority which created the Arapahoe County E-911 Emergency Telephone Service Authority; and WHEREAS, in 2000 the City entered into the First Amended Intergovernmental Agreement superseding the previous 1988 Intergovernmental Agreement; and WHEREAS, in 2020 the City entered into the Second Amended and Restated Arapahoe County 911 Authority Intergovernmental Agreement; and WHEREAS, the Arapahoe County 911 Authority collects the emergency telephone fee and financially supports the emergency telephone service in Arapahoe County; and WHEREAS, the Arapahoe County 911 Authority includes the majority of Arapahoe County and consists of five Public Safety Answering Points (PSAP) and one secondary PSAP; and WHEREAS, the City of Englewood operates a local PSAP providing 911 services to the City; and WHEREAS, the Arapahoe County 911 Authority has established a backup PSAP located in Littleton; and WHEREAS, the Arapahoe County 911 Authority backup PSAP may be used by the City of Englewood in the event that the City’s PSAP is non-operational and for training purposes; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into an Intergovernmental Agreement with the Arapahoe County 911 Authority for the use of the backup PSAP; and Page 40 of 307 2 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 by the City of an Intergovernmental Agreement with the Arapahoe County 911 Authority for the Use of the Arapahoe County 911 Authority Backup Communications Center, 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 Page 41 of 307 3 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 42 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Lucia Magnuson DEPARTMENT: Communications DATE: September 3, 2024 SUBJECT: Intergovernmental Agreement Between the City of Englewood and Englewood Downtown Development Authority for a Memorandum of Understanding Regarding Shared Digital Accessibility Resources DESCRIPTION: The City of Englewood currently hosts the EDDA's website on its domain at www.englewoodco.gov/our-city/downtown-development-authority. Due to recent legislative changes, specifically House Bill 21-1110 and Senate Bill 23-244, the city and EDDA aim to align with the Colorado Technology Accessibility Rules adopted on February 23, 2024. To this end, they are entering into a Memorandum of Understanding (MOU) to define and manage their shared efforts in complying with these accessibility standards. RECOMMENDATION: Staff recommends that council approves the ordinance for the Intergovernmental Agreement (IGA) between the City of Englewood and Englewood Downtown Development Authority (EDDA) for a memorandum of understanding regarding shared digital accessibility resources. SUMMARY: The agreement defines the responsibilities between the City of Englewood and the EDDA regarding web accessibility. The City is committed to ensuring its website meets "Level AA" standards as outlined in the Web Content Accessibility Guidelines (WCAG) 2.2. To achieve this, the City is conducting training and compliance testing focused on digital accessibility, and it will ensure that the EDDA and its website, including iCompass, also adhere to these standards. If the City receives any accessibility-related requests or grievances concerning EDDA digital content, these will be forwarded to the EDDA Executive Director for resolution. It is important to note that this agreement does not extend to the EDDA’s internal documents, which the EDDA is responsible for ensuring comply with the accessibility guidelines. COUNCIL ACTION REQUESTED: Staff recommends that council approves the ordinance for the Intergovernmental Agreement (IGA) between the City of Englewood and Englewood Downtown Development Authority (EDDA) for a memorandum of understanding regarding shared digital accessibility resources. FINANCIAL IMPLICATIONS: There is not fiscal impact associated with this action. Page 43 of 307 ATTACHMENTS: CB #38 - IGA with EDDA re Digital Accessibility MOU Digital Accessibility EDDA Resolution 10 - MOU regarding digital accessibility dda signed Page 44 of 307 1 ORDINANCE COUNCIL BILL NO. 38 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR A MEMORANDUM OF UNDERSTANDING REGARDING SHARED DIGITAL ACCESSIBILITY RESOURCES WHEREAS, the City Council of the City of Englewood approved the formation of a Downtown Development Authority pursuant to section 31-25-801 et. seq., of the Colorado Revised Statutes ("C.R.S."); and WHEREAS, the Englewood Downtown Development Authority ("EDDA") was formed by the passage of Ordinance No. 25, Series 2020, and approved by the voters in November 2020 for the purpose of promoting the cohesive improvement and redevelopment of the downtown area of the City of Englewood; and WHEREAS, by the passage of Ordinance No. 29, Series 2021, the City approved an Intergovernmental Agreement (IGA) for Downtown Development Authority Support and Services with the EDDA, in which the City agreed to provide the EDDA with information technology services, including access to the EDDA website, email, engagement, and video conferencing tools; and WHEREAS, the City hosts the EDDA website as part of the www.englewoodco.gov domain at www.englewoodco.gov/our-city/downtown- development-authority; and WHEREAS, following the Colorado General Assembly's passage of House Bill 21-1110 in 2021 and Senate Bill 23-244 in 2022, both Parties seek to comply with Colorado Technology Accessibility Rules adopted by the Governor's Office of Information Technology on February 23, 2024, at 8 C.C.R. 1501-11, Rules Establishing Technology Accessibility Standards (the "Accessibility Rules"); and WHEREAS, the Parties desire to enter into this MOU to formally authorize and govern how the City and EDDA will share resources in an effort to comply with the Accessibility Rules. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Page 45 of 307 2 Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the Englewood Downtown Development Authority for a Memorandum of Understanding Regarding Shared Digital Accessibility Resources, in the form substantially the same as that attached hereto. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause 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 Page 46 of 307 3 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 authority to correct formatting and/or typographical errors discovered during codification. Page 47 of 307 Memorandum of Understanding, City-EDDA digital accessibility resources MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY REGARDING SHARED DIGITAL ACCESSIBILITY RESOURCES This Memorandum of Understanding Regarding Shared Digital Accessibility Resources (this "MOU") is entered into as of the ____ day of _____________, 2024, by and between the City of Englewood, Colorado (the "City"), and Englewood Downtown Development Authority (the “EDDA”), together referred to herein as the Parties. RECITALS WHEREAS, the voters of the City of Englewood approved the creation of EDDA on November 3, 2020; WHEREAS, the City approved an Intergovernmental Agreement for Downtown Development Authority Support and Services (“IGA”) on July 19, 2021, in which the City agreed to provide assistance and services to the EDDA as consideration for the EDDA's work in promoting the cohesive improvement and redevelopment of the downtown area of the City of Englewood by undertaking downtown projects, including economic development, placemaking, and mobility improvements; WHEREAS, among other things, the IGA identifies as a support service the City will provide to the EDDA "…information technology services, including access to the EDDA’s website, email, engagement and video conferencing tools..", and the City hosts the EDDA's website as part of the www.englewoodco.gov domain at www.englewoodco.gov/our- city/downtown-development-authority; WHEREAS, following the Colorado General Assembly's passage of House Bill 21-1110 in 2021 and Senate Bill 23-244 in 2022, both Parties seek to comply with Colorado Technology Accessibility Rules adopted by the Governor's Office of Information Technology on February 23, 2024, at 8 C.C.R. 1501-11, Rules Establishing Technology Accessibility Standards (the "Accessibility Rules"); and WHEREAS, the Parties desire to enter into this MOU to identify how the City and EDDA will share resources in an effort to comply with the Accessibility Rules. NOW THEREFORE, in consideration of the premises and the mutual promises, covenants and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: Page 48 of 307 AGREEMENT OF THE PARTIES 1. The City is actively working to increase the accessibility and usability of its website and in doing so adhere to many of the available standards and guidelines with a goal of delivering a web experience that achieves “Level AA” conformance according to the Web Content Accessibility Guidelines v2.2 (WCAG 2.2). a. The City is completing training and compliance testing related to the Accessibility Rules. The City will include the EDDA and the EDDA website in both, including iCompass. b. The EDDA will be responsible to ensure that digital content uploaded to the EDDA website and iCompass complies with this technical standard. 2. The Accessibility Rules require public entities to develop and publicly post in a conspicuous place a technology accessibility statement. The City has exceeded this requirement by posting a technical accessibility plan that includes information about how to submit an accommodation request, how to submit feedback on accessibility issues, information about how to file a grievance if a request is not addressed in a satisfactory manner, and hyper-links to online forms for those purposes. a. The Parties agree that a link to the City's accessibility statement will appear on the EDDA's website. b. If the City receives an online accessibility-related accommodation request, feedback on an accessibility issue, or a grievance that pertains to EDDA digital content, the City will forward the request or grievance to the EDDA Executive Director and will share all relevant information. c. Thereafter, it will be the EDDA's responsibility to handle the request or grievance. 3. This Agreement does not apply to the EDDA's internal-facing documents, and it is the EDDA's responsibility to address compliance of those documents with the Accessibility Rules. 4. Incorporation by Reference. This Agreement is made under and conformable to Section 4-1-3-4 of Englewood Municipal Code ("EMC"), which provides standard contract provisions for all contractual agreements with the City. The provisions of EMC Section 4-1-3-4 are incorporated herein and made a part hereof by this reference and shall supersede any conflicting provision otherwise contained in this Agreement. Page 49 of 307 5. Miscellaneous. This Agreement will be governed by the IGA and the laws of the State of Colorado and the City of Englewood. The undersigned signatories who signed in a representative capacity on behalf of any person or entity represent and warrant that they are authorized and directed by the said person or entity for which they execute this Agreement to so execute this Agreement on behalf of such person or entity. This Agreement may be signed in any number of counterparts (including by way of electronic transmission), each of which (when executed and delivered) shall constitute an original instrument, but all of which together shall constitute one and the same instrument, respectively. WHEREFORE, the Parties have executed this MOU as of the date first set forth above. CITY OF ENGLEWOOD, COLORADO By: ___________________________ Othoniel Sierra, Mayor Address: 1000 Englewood Parkway, Englewood, CO 80110 ENGLEWOOD Downtown Development Authority By: ___________________________ ____________, Chair Address: 1000 Englewood Parkway, Englewood, CO 80110 Page 50 of 307 RESOLUTION NO. 10 SERIES OF 2024 A RESOLUTION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF ENGLEWOOD REGARDING SHARED DIGITAL ACCESSIBILITY RESOURCES WHEREAS, on April 28, 2021, the Englewood Downtown Development Authority (the "EDDA") approved an Intergovernmental Agreement for Downtown Development Authority Support and Services with the City of Englewood (the “IGA”), in which, among other things, the City agreed to provide to the EDDA "…information technology services, including access to the EDDA website, email, engagement and video conferencing tools…"; WHEREAS, the City hosts the EDDA website as part of the www.englewoodco.gov domain at www.englewoodco.gov/our-city/downtown-development-authority; WHEREAS, the EDDA and City must comply with Colorado Technology Accessibility Rules adopted by the Governor's Office of Information Technology on February 23, 2024, at 8 C.C.R. 1501-11, Rules Establishing Technology Accessibility Standards (the "Accessibility Rules"); and WHEREAS, in furtherance of the IGA, the EDDA and the City desire to enter into a Memorandum of Understanding to identify how they will share resources in an effort to comply with the Accessibility Rules. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY AS FOLLOWS: Section 1. The Authority approves the Memorandum of Understanding Regarding Shared Digital Accessibility Resources with the City of Englewood in substantially the form attached hereto, and authorizes the Chair to execute the same on behalf of the Authority. ADOPTED AND APPROVED this 22nd day of May, 2024. Blake Calvert, Chair ATTEST: Meryl Icove, Secretary I, Meryl Icove, secretary for the City of Englewood Downtown Development Authority hereby certify the above is a true copy of Resolution 10, Series of 2024. Meryl Icove, Secretary Blake Calvert er4l ѵ *ve er4l ѵ *ve Page 51 of 307 Memorandum of Understanding, City-EDDA digital accessibility resources MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY REGARDING SHARED DIGITAL ACCESSIBILITY RESOURCES This Memorandum of Understanding Regarding Shared Digital Accessibility Resources (this "MOU") is entered into as of the ____ day of _____________, 2024, by and between the City of Englewood, Colorado (the "City"), and Englewood Downtown Development Authority (the “EDDA”), together referred to herein as the Parties. RECITALS WHEREAS, the voters of the City of Englewood approved the creation of EDDA on November 3, 2020; WHEREAS, the City approved an Intergovernmental Agreement for Downtown Development Authority Support and Services (“IGA”) on July 19, 2021, in which the City agreed to provide assistance and services to the EDDA as consideration for the EDDA's work in promoting the cohesive improvement and redevelopment of the downtown area of the City of Englewood by undertaking downtown projects, including economic development, placemaking, and mobility improvements; WHEREAS, among other things, the IGA identifies as a support service the City will provide to the EDDA "…information technology services, including access to the EDDA’s website, email, engagement and video conferencing tools..", and the City hosts the EDDA's website as part of the www.englewoodco.gov domain at www.englewoodco.gov/our- city/downtown-development-authority; WHEREAS, following the Colorado General Assembly's passage of House Bill 21-1110 in 2021 and Senate Bill 23-244 in 2022, both Parties seek to comply with Colorado Technology Accessibility Rules adopted by the Governor's Office of Information Technology on February 23, 2024, at 8 C.C.R. 1501-11, Rules Establishing Technology Accessibility Standards (the "Accessibility Rules"); and WHEREAS, the Parties desire to enter into this MOU to identify how the City and EDDA will share resources in an effort to comply with the Accessibility Rules. NOW THEREFORE, in consideration of the premises and the mutual promises, covenants and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: Page 52 of 307 AGREEMENT OF THE PARTIES 1. The City is actively working to increase the accessibility and usability of its website and in doing so adhere to many of the available standards and guidelines with a goal of delivering a web experience that achieves “Level AA” conformance according to the Web Content Accessibility Guidelines v2.2 (WCAG 2.2). a. The City is completing training and compliance testing related to the Accessibility Rules. The City will include the EDDA and the EDDA website in both, including iCompass. b. The EDDA will be responsible to ensure that digital content uploaded to the EDDA website and iCompass complies with this technical standard. 2. The Accessibility Rules require public entities to develop and publicly post in a conspicuous place a technology accessibility statement. The City has exceeded this requirement by posting a technical accessibility plan that includes information about how to submit an accommodation request, how to submit feedback on accessibility issues, information about how to file a grievance if a request is not addressed in a satisfactory manner, and hyper-links to online forms for those purposes. a. The Parties agree that a link to the City's accessibility statement will appear on the EDDA's website. b. If the City receives an online accessibility-related accommodation request, feedback on an accessibility issue, or a grievance that pertains to EDDA digital content, the City will forward the request or grievance to the EDDA Executive Director and will share all relevant information. c. Thereafter, it will be the EDDA's responsibility to handle the request or grievance. 3. This Agreement does not apply to the EDDA's internal-facing documents, and it is the EDDA's responsibility to address compliance of those documents with the Accessibility Rules. 4. Incorporation by Reference. This Agreement is made under and conformable to Section 4-1-3-4 of Englewood Municipal Code ("EMC"), which provides standard contract provisions for all contractual agreements with the City. The provisions of EMC Section 4-1-3-4 are incorporated herein and made a part hereof by this reference and shall supersede any conflicting provision otherwise contained in this Agreement. Page 53 of 307 5. Miscellaneous. This Agreement will be governed by the IGA and the laws of the State of Colorado and the City of Englewood. The undersigned signatories who signed in a representative capacity on behalf of any person or entity represent and warrant that they are authorized and directed by the said person or entity for which they execute this Agreement to so execute this Agreement on behalf of such person or entity. This Agreement may be signed in any number of counterparts (including by way of electronic transmission), each of which (when executed and delivered) shall constitute an original instrument, but all of which together shall constitute one and the same instrument, respectively. WHEREFORE, the Parties have executed this MOU as of the date first set forth above. CITY OF ENGLEWOOD, COLORADO By: ___________________________ Othoniel Sierra, Mayor Address: 1000 Englewood Parkway, Englewood, CO 80110 ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY By: ___________________________ Blake Calvert, Chair Address: 1000 Englewood Parkway, Englewood, CO 80110 Signature: Email: Blake Calvert 3er\l 9 /FRve micove@englewooddowntown.com Page 54 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Power DEPARTMENT: Community Development DATE: September 3, 2024 SUBJECT: Ordinance approving an amendment to the Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement between Arapahoe County and various cities related to Community Development Block Grant and Home Investment Partnerships Program for Fiscal Years 2025-2027. DESCRIPTION: Ordinance approving an amendment to the Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement between Arapahoe County and various cities related to Community Development Block Grant and Home Investment Partnerships (HOME) Program for Fiscal Years 2025-2027. RECOMMENDATION: Staff recommends city council approve an ordinance amending an Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement between Arapahoe County and the City of Englewood for fiscal years 2025-2027. PREVIOUS COUNCIL ACTION: City council approved the following ordinances authorizing the city's participation in the Urban County Entitlement Program:  Ordinance 37, Series of 1991 authorizing initial participation in the Urban County Entitlement Program for grant years 1992-1994;  Ordinance 39, Series of 1994, which was extended by Amendments Nos. 1-3, for grant years 1995-2006;  Ordinance 13, 2006 for grants years 2007-2009;  Ordinance 22, Series 2009 for grant years 2010-2012;  Ordinance 25, Series 2012 for grant years 2013-2015;  Ordinance 19, Series 2015 for grant years 2016-2018;  Ordinance 12, Series 2018 for grant years 2019-2021;  Ordinance 20, Series 2021 for grant years 2022-2024; and  Ordinance No. 23, Series 2024 for fiscal years 2025-2027. SUMMARY: On August 5, 2024, city council approved Ordinance No. 23, Series 2024 authorizing the city's continued participation in the urban county designation. Subsequent to council's approval, Greenwood Village, which was named in the Intergovernmental Joint Cooperation Agreement, opted to not participate in the program for the years 2025-2027. The U.S. Department of Page 55 of 307 Housing and Urban Development (HUD) also requested minor housekeeping corrections and is requiring the county to obtain an amended agreement by the remaining participating jurisdictions. ANALYSIS: Arapahoe County is in the process of requalifying as an urban county for the fiscal years 2025, 2026, and 2027. The county is required to inform each unit of general local government that the municipality has the right to elect to be included or excluded from the urban county designation. Arapahoe County is seeking an amendment to the recently executed Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement to:  Remove Greenwood Village from the agreement,  Clarify program year vs. federal fiscal year dates,  Correct Section 22 to the 24 CFR citation for the Title VI of the Civil Rights at the bottom of page 8: Changed Part 6 to Part 1,  Correct Section 22 to the 24 CFR citation for Title II of the American with Disabilities Act at the top of page 9: Changed Part 146 to Part 35, and  Correct Section 22 by adding a bullet point for The Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146. Arapahoe County is designated as an urban county which entitles the county to receive Community Development Block Grant (CDBG) and HOME funds directly from HUD. These programs provide funds to local communities for housing rehabilitation, public facilities and services, improved infrastructure, and improved economic opportunities for low- and moderate-income persons. Funds may also be used for activities that eliminate slums or blight, or for projects that meet urgent community needs. The City of Englewood has participated in the program since 1991 and has most recently dedicated CDBG funding to operate the Energy Efficiency Englewood (E3) program, which offers funds to income eligible homeowners to make energy efficiency related home improvements. COUNCIL ACTION REQUESTED: Staff recommends city council approve an ordinance for an amendment to the three-year Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement with Arapahoe County for fiscal years 2025-2027. FINANCIAL IMPLICATIONS: There is no direct financial impact to the city. Community Development staff have managed this agreement in prior years and will continue to coordinate future approved funding and projects. One staff member's salary and benefits are partially offset by a portion of the awarded CDBG funds. Exact grant amounts available for the years covered in the amended agreement are subject to annual federal budget approval and are currently unknown. During the grant years 2021-2023, the city received an average of $150,000 in CDBG funds. The city submitted its FY2024 CDBG application on June 4, 2024 requesting $200,000. Page 56 of 307 CONNECTION TO STRATEGIC PLAN: The E3 program, which is funded through Englewood's annual CDBG allocation addresses the following elements of the strategic plan: 1. Neighborhoods: Ensure affordability 2. Safety: Ensure well maintained residential and commercial properties throughout the city. 3. Sustainability: Promote homeowner and business conservation and sustainability efforts. Grant funds received allow low- and moderate-income Englewood homeowners to stay in their homes and implement energy efficient upgrades, which reduces their overall housing costs. ATTACHMENTS: CB# 40 Intergovernmental Joint Cooperation Agreement Page 57 of 307 1 ORDINANCE NO. COUNCIL BILL NO. 40 SERIES OF 2024 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE REPEALING ORDINANCE NO. 23 SERIES OF 2024, AND 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. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994, covering the City’s participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No. 3, for funding years 2004 through 2006; and WHEREAS, the Englewood City Council passed Ordinance No. 13, Series of 2006 and that was modified by Amendment No. 1 dated February, 2007 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009; and WHEREAS, the Englewood City Council authorized continued participation from 2009 through 2024 through the passage of additional legislation as follows: Ordinance No. 38 Series of 2006, Ordinance No. 22 Series of 2009; Ordinance No. 25 Series of 2012, Ordinance No. 19 Series of 2015, Ordinance No. 12 Series of 2018, Ordinance No. 20 Series of 2021; and WHEREAS, the passage of this Ordinance authorizes the execution of an Amendment to the Intergovernmental Cooperation Agreement between Arapahoe County and Englewood relating to the conduct of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs for program grant years through September 30, 2027; and WHEREAS, the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs incorporate funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, on the 5th day of August, 2024, City Council adopted Ordinance No. 23, Series of 2024, authorizing an Amendment to the Intergovernmental Joint Cooperation Agreement and Home Consortium Agreement Between Arapahoe County and Participating Cities, and after that date, one party to the Agreement withdrew and another party to the Agreement made revisions to it. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF Page 58 of 307 2 THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby repeals Ordinance No. 23, series of 2024, thereby repealing authorization to execute the agreement attached thereto. Section 2. The City Council of the City of Englewood, Colorado authorizes execution of an Amendment to the Intergovernmental Joint Cooperation Agreement and Home Consortium Agreement Between Arapahoe County and Participating Cities Relating to the Conduct of the Community Development Block Grant Program and Home Investment Partnerships Program For Grant Years 2025 Through 2027. The Amendment shall be in substantially the same form as that attached hereto. The Intergovernmental Agreement, as amended, further contains automatic renewal provisions, and the City shall be authorized to execute any document or agreement necessary to effectuate said automatic renewal without additional, specific authorizing legislation by City Council. Section 3. 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. Page 59 of 307 3 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, including to accept funds for and on behalf of the City of Englewood, Colorado. 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 60 of 307 1 INTERGOVERNMENTAL JOINT COOPERATION AGREEMENT AND HOME CONSORTIUM AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITIES OF CENTENNIAL, ENGLEWOOD, GLENDALE, LITTLETON, SHERIDAN, AND THE TOWN OF DEER TRAIL, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS PROGRAM FOR FEDERAL FISCAL YEARS 2025 THROUGH 2027 THIS AGREEMENT is entered into and shall be effective as of October 1, 2024, by and between the Board of County Commissioners of Arapahoe County, Colorado (the "County"), a body corporate and politic of the State of Colorado, and the Cities of Centennial, Englewood, Glendale, Littleton, Sheridan, and the Town of Deer Trail (collectively the "Municipalities" and individually the “Municipality”), municipal corporations of the State of Colorado located in Arapahoe County. RECITALS A. In 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974, as since amended (42 U.S.C. 5301 et seq.) ("HCDA"), permitting and providing for the participation of the United States government in a wide range of local housing and community development activities and programs under Title I of HCDA which activities and programs are administered by the U.S. Department of Housing and Urban Development ("HUD"); and the Home Investment Partnerships Program ("HOME") was enacted under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act ("NAHA") which activities and programs are administered by HUD; B. The primary objective of Title I of HCDA is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and the primary objective of the HOME program is to expand the supply of decent, safe, sanitary and affordable housing for low- and moderate-income Americans. These objectives are to be accomplished by the federal government providing financial assistance pursuant to HCDA and NAHA in the form of Community Development Block Grant ("CDBG") funds and HOME funds to the state and local governments to be used in the conduct and administration of housing and community development activities and projects as contemplated by the primary objectives of the CDBG and HOME Programs; C. To implement the policies, objectives and other provision of HCDA and NAHA, HUD has issued rules and regulations governing the conduct of CDBG programs, published in 24 Code Page 61 of 307 2 of Federal Regulations (CFR), Part 570, which regulations provide that a county may qualify as an "Urban County", as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct of CDBG and HOME Programs as an Urban County and also in 24 CFR, Part 92, governing the HOME program, which regulations provide that an Urban County may form a consortium with a metropolitan city within the county, as outlined in Section 92.101, and that a metropolitan city that qualifies for a separate entitlement grant may be included as a part of the Urban County and HOME consortium by entering into a cooperation and consortium agreement with the Urban County in accordance with the requirements of 24 CFR Parts 92 and 570 (the “Regulations”); D. The County has heretofore qualified under the Regulations as an "Urban County" and will receive CDBG and HOME funds from HUD by annual grant agreements, and the Municipalities located in the County will be included as a part of the County in its CDBG Programs and through the consortium will be able to participate in the HOME program; E. The City of Centennial is classified as a metropolitan city and qualifies for a separate entitlement grant that may be included as a part of the Urban County and HOME consortium by entering into a cooperation and consortium agreement with the Urban County in accordance with the requirements of the Regulations. The City of Centennial has been a part of the Urban County and HOME consortium for over ten years; F. In 1981, and again since then, HUD amended the Regulations, pursuant to amendments of HCDA, revising the qualification period for urban counties by providing that the qualifications by HUD of an Urban County and/or HOME consortium shall remain effective for three successive Federal fiscal years regardless of changes in its population during that period, except for failure of an Urban County to receive a grant during any year of that period, and also providing that during the three year period of qualification, no included city or other unit of general local government may withdraw or be removed from the Urban County or HOME consortium for HUD's grant computation purposes, but a non-participating city or other unit of general local government may be added to the Urban County during the second and third years of the three-year period; also, the HOME consortium may add members during the three year qualification period at the discretion of the lead entity through the execution of a consortium agreement; G. In 2024, the County now submit to HUD the required documentation to qualify as an Urban County, including the Consolidated Plan and the One Year Action Plan, pursuant to Section 570.307 of the regulations, so as to become eligible to receive annual CDBG and HOME funds for the next three Program Years from Federal Fiscal Years 2025, 2026, and 2027 appropriations, and if the Municipalities approve and authorize this agreement, an executed copy thereof will be included in the documentation for this ensuing period of qualification and, if the County qualifies, the Municipalities will thereby be included as a part of the Urban County and HOME consortium and be eligible to participate in the County's CDBG and HOME Programs for the next three Program Years; H. The County recognizes and understands that it does not have independent legal authority to conduct community development and housing assistance activities within the boundaries of the Municipalities and therefore, its ability to conduct the CDBG and HOME Program in the Municipalities is limited by the requirement that it must obtain permission from the Municipalities to perform activities therein, and accordingly, in order for the Municipalities Page 62 of 307 3 to be considered a part of the Urban County and HOME consortium and be included in the County's annual request to HUD for CDBG and HOME funds, it is required by the Regulations that the Municipalities and the County enter into a cooperation agreement (the “CDBG Agreements”) whereby the Municipalities authorize the County to undertake or to assist in undertaking essential community renewal and lower-income housing assistance activities, as approved and authorized between the Parties in the CDBG Agreements, including the Consolidated Plan within the Municipalities as may be specified in the "Consolidated Plan" to be submitted to HUD annually by the County to receive its annual CDBG and HOME entitlement grant; I. Under general provisions of Colorado law governing contracting between governmental entities and by virtue of specific authority granted in Part 2 of Article I of Title 29, C.R.S., any two or more political subdivisions of the state may enter into agreements with one another for joint cooperative action and any one or more political subdivisions may contract with another or with a legal or administrative entity created pursuant to that act to perform any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform; and J. Accordingly, the Parties hereto have determined that it will be mutually beneficial and in the public interest of all Parties to enter into this intergovernmental agreement regarding the conduct of the County’s CDBG and HOME Programs. THEREFORE, in consideration of the premises and cooperative actions contemplated hereunder, the Parties agree as follows: 1. By entering into this intergovernmental joint cooperation agreement with the County, the Municipalities shall be included as a part of Arapahoe County's CDBG urban county and HOME consortium for qualification and grant calculation purposes upon the qualification by HUD of the County to receive CDBG and HOME Program entitlements as an Urban County and HOME consortium for the next three successive Federal fiscal years: October 1, 2024 through September 30, 2025, October 1, 2025 through September 30, 2026, and October 1, 2026 through September 30, 2027. 2. As required by the Consolidated Plan final rule, 24 CFR part 91, the HOME consortium is on the same program year as the Urban County CDBG program, October 1 through September 30. As provided in Section 570.307 of the Regulations, the qualification of the County as an urban county shall remain effective for the next three successive Federal fiscal years, regardless of changes in its population during that period of time and the Parties agree that the Municipalities may not withdraw from nor be removed from inclusion in the Urban County for HUD's grant computation purposes during the period of qualification. As provided in Section 92.101 of the Regulations, the qualification of the County as a HOME consortium shall remain effective for three successive Federal fiscal years, regardless of changes in its population during that period of time and the Parties agree that the Municipalities may not withdraw from nor be removed from inclusion in the HOME consortium during the period of qualification. 3. A fully executed copy of this cooperation agreement, together with the approving resolutions of both the Municipalities and the County, shall be submitted to HUD by the County as part Page 63 of 307 4 of its qualification documentation and the Municipalities do hereby give the County the authority to carry out CDBG and HOME Program activities and projects which will be funded from annual CDBG and HOME funds from Federal fiscal years 2025, 2026, and 2027 appropriations and from any Program income generated from the expenditures of those funds. 4. The Municipalities and the County agree to, and shall cooperate in, the preparation of detailed CDBG and HOME Program activities and projects to be conducted or performed in the Municipalities during each of the three program years covered by the Agreement and these finalized activities and projects will be included in the County's Consolidated Plan and requests for funds for those program years. The Municipalities understand and agree, however, that the County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. 5. The Parties recognize and understand that the County, as a qualified HOME recipient and Urban County, will be the lead entity required to execute all grant agreements received from HUD pursuant to the County's annual request for CDBG and HOME Program funds and that as the lead entity it assumes overall responsibility for ensuring that the consortium's CDBG and HOME Program is carried out in compliance with the requirements of the CDBG and HOME program, including requirements concerning the Consolidated Plan. Further, the County, as lead entity, will to the extent required by HUD, be the responsible entity under such grant agreements for the overall administration and performance of the CDBG and HOME programs, including the projects and activities conducted within the Municipalities. Accordingly, the Municipalities agree that as to all projects and activities performed or conducted in the Municipalities under any HOME or CDBG grant agreement, which includes the Municipalities, that the County shall have the ultimate supervisory and administrative control. 6. The Municipalities shall cooperate fully with the County in all CDBG and HOME Program efforts planned and performed hereunder and does hereby allow and permit the County to undertake or assist in undertaking essential community development and housing assistance activities within the Municipalities as may be approved and authorized in the County's Agreements, including the Consolidated Plan. The Municipalities and the County also agree to cooperate to undertake, or assist in undertaking, essential community renewal and lower- income housing assistance activities, as approved and authorized between the parties in the CDBG and HOME Program Agreements, including the Consolidated Plan, as they may be planned and specified in the County's Consolidated Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the expenditure of CDBG and HOME funds granted by the County for such activities. 7. The County, as the lead entity, is authorized to act in a representative capacity as the lead entity for all members of the consortium for the purposes of administering the HOME Program. The County will accept project recommendations for all HOME consortium members but reserves the right to make final funding decisions. No project within the boundaries of the Municipality will be considered for inclusion in the Consolidated Plan unless first approved by the Municipality. 8. The HOME funds may be accessed by the Municipalities in two ways; the Municipality may approve a project or activity, carried out be a third entity, as appropriate for the needs of the Page 64 of 307 5 Municipality, and endorse the application, or the Municipality may originate a grant or loan request on its own behalf for an eligible project or activity. If a Municipality applies for HOME funds itself, then the provisions in Paragraph 9 apply. For example, if a Municipality opts to create an eligible homeowner rehabilitation program, the Municipality would be subject to the same requirements as a subrecipient, including a written agreement. If a Municipality approves or endorses a third-party application, then the Municipality's continuing participation in the project or activity is not required. 9. Pursuant to 24 CFR 570.501(b) and 24 CFR 92.504, the Municipalities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503 and 24 CFR 92.504. 10. The Municipalities understand that pursuant to Section 570.503 and Section 92.504 of the Regulations, it will be necessary for the Municipalities to enter into separate project agreements or sub-grants in writing with the County with respect to the actual conduct of the projects and activities approved for performance in the Municipalities for the three HOME and CDBG Program years covered be the cooperation agreement and that the funds designated in the County's Consolidated Plan for those projects and activities will also be funded to the Municipalities under those separate project agreements or sub-grants. Subject to the provisions of Paragraph 5 above, the Municipalities will administer and control the performance of the projects and activities specified in those separate project agreements, and will be responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the CDBG and/or HOME Programs. The Municipalities also understand and agree that they shall also comply with the requirements of Section 570.503 prior to disbursing any CDBG funds to any subrecipient of the Municipality. 11. All HOME and/or CDBG Program funds that are approved by HUD for expenditure under the County's grant agreements for the three Program years covered by this Agreement, including those that are identified for projects and activities in the Municipalities, will be budgeted and allocated to the specific projects and activities described and listed in the County's Consolidated Plan and One Year Action Plan to the Consolidated Plan submitted annually to HUD and those allocated funds shall be used and expended only for the projects or activities to which the funds are identified. No project or activity nor the amount allocated therefore may be changed, modified, substituted or deleted by the Municipalities with respect to any project of activity without the prior written approval of the County and the approval of HUD when that approval is required by the regulations. 12. The County is prohibited from funding activities that do not comply with HUD's policies and regulations concerning fair housing. The Municipalities agree not to take any actions pursuant to funding they receive under this Agreement that would result in the County being in noncompliance with its Fair Housing Certification. The Municipalities acknowledge that noncompliance by the Municipalities may constitute noncompliance by the County, which may provide cause for funding sanctions or other remedial actions by HUD. Urban County funding shall not be used for activities in, or in support of, any locality that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with the County's Fair Housing Certification. Each consortium member Page 65 of 307 6 agrees to affirmatively further fair housing within its own jurisdiction. 13. During the period of performance of this Agreement, as provided in Paragraph 19 below, the Municipalities shall: (a) Inform the County of any income generated by the expenditure of CDBG and/or HOME Program funds received by the Municipality; (b) Pay over to the County any Program Income received by the Municipality, or retain and use that Program Income subject to, and in accordance with, the requirements and provisions of the separate HOME or CDBG project agreements that will be entered into between the Municipality and the County for the actual conduct of the HOME and/or CDBG Programs; (c) Use any Program Income the Municipality is authorized by the County to retain only for eligible activities in accordance with all HOME and CDBG Program requirements as may then apply and as will be specifically provided for in the separate project agreements between the Municipality and the County; (d) Keep appropriate records regarding the receipt of, use of, or disposition of all Program Income and make reports therein to the County as will be required under the separate project agreements between the Municipality and the County, and (e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the Municipality of that may be received subsequent to the close-out or change in status as will be provided for in the separate project agreements mentioned above. 14. The separate project agreements or sub-grants that will be entered into between the County and the Municipalities for the conduct of the CDBG and HOME Programs, as mentioned and referred to elsewhere in this agreement, shall include provisions setting forth the standards which shall apply to any real property acquired or improved by the Municipalities, in whole or in part, using CDBG and HOME Program Funds. These standards will require the Municipalities to: (a) Notify the County in a timely manner of any modification or change in the use of that property from that which was planned at the time of acquisition or improvement and this notice requirement shall include any disposition of such property. (b) Reimburse the County in an amount equal to the current fair market value of property acquired or improved with CDBG or HOME funds (less any portion thereof attributable to expenditures of non-CDBG or HOME funds) that is sold or transferred for a use which does not qualify under the Regulations, and (c) Pay over to the County any Program Income that is generated from the Page 66 of 307 7 disposition or transfer of property either prior to, or subsequent to, any close- out, change of status or termination of this cooperation agreement that is applicable. 15. The Municipalities, by execution of this agreement understand and agree that they may not apply for grants under the small cities or the State CDBG Programs for appropriations for fiscal years during the period in which they are participating in the Urban County's CDBG Program; and may not participate in a HOME consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation. The Municipalities (excluding Centennial) may only receive formula-allocated funds under the HOME program from the Urban County. The Municipality may, however, apply for State HOME funds. The County further understands that it may not seek CDBG funding from the State’s CDBG program while participating in the Urban County’s CDBG Program. 16. The City of Centennial joins the Urban County as a metropolitan city and, as such, agrees to the following special considerations: (a) The grant amount shall be the sum of the amounts authorized for the individual metropolitan city and urban county. The urban county becomes the grant recipient. (b) A metropolitan city in a joint agreement with an urban county is treated the same way as any other unit of general local government that is part of the urban county for purposes of the CDBG program, but not for the HOME or ESG programs. If the metropolitan city does not qualify to receive a separate allocation of HOME funds, to be considered for HOME funding as part of the urban county, it may form a HOME consortium with the urban county. If the metropolitan city qualifies to receive a separate allocation of HOME funds, it may either form a HOME consortium with the county, or it may administer its HOME program on its own. The City of Centennial has chosen to form a HOME consortium with the County instead of administering its own HOME program. (c) A metropolitan city and an urban county that each receives an allocation under ESG and are located within a geographic area that is covered by a single Continuum of Care (CoC) may jointly request the Secretary of HUD to permit the urban county or metropolitan city, as agreed to by such county and city, to receive and administer their combined allocations under a single grant. 17. The County may, in accordance with the applicable requirements of 24 C.F.R. Part 570, collect an administrative fee for the performance of its duties administering the CDBG program, pursuant to this agreement. In no event shall the administrative fee exceed twenty percent (20%) of the overall annual Municipality’s CDBG allocation. The City of Centennial shall pay no more than eighteen percent (18%) as an administrative fee. In the event that the County's total actual administrative costs are less than 20% of the annual Municipality’s CDBG allocation or 18 % in the case of the City of Centennial, the County shall notify the Municipality of the amount of any unused administrative fee, and the Municipality shall decide how to allocate or apply the unused administrative fees. The County may provide recommendations to the Municipality regarding the use of such unused administrative fees. Page 67 of 307 8 18. The County may, in accordance with the applicable requirements of 24 CFR Part 92, collect an administrative fee for the performance of its duties administering the HOME program, pursuant to this agreement. 19. The period of performance of this Agreement shall cover three HOME and CDBG Program years consisting of the County's 1st, 2nd, and 3rd Program years from this Agreement, beginning October 1, 2025, and ending September 30, 2028. The HOME and CDBG program years are the same, as is required. As stated herein, however, the Agreement is intended to cover activities to be carried out with annual CDBG and HOME funds from grant year 2025, 2026, and 2027 appropriations and shall be and remain in full force and effect for the three (3) year program period of Federal Fiscal Years 2025, 2026, and 2027, and until funds granted and program income received during the three (3) year program period are expended and the funded activities completed or the funds are returned to HUD. Neither the County nor the Municipalities may terminate, withdraw or be removed from the program during the three (3) year program period. During the three (3) Program years for which the County has qualified, the parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three-year period and for such additional time as may be required for the expenditure of funds granted for that period. 20. The Agreement will renew automatically for participation in successive three-year Urban County qualification periods, unless a Municipality or the County provide written notice to the other party that it elects not to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the HUD field office by the date specified in HUD’s Urban County Qualification Notice. The County will notify the Municipality in writing of the Municipality’s right to make this election. A copy of the County’s notification must be sent to the HUD field office by the date specified in the Urban County Qualification Notice. The County must notify the other party in writing of the election of its right not to participate. A copy of the notification must be sent to both the other party and the HUD Region 8 field office by the party electing not to participate. Notices and responses must be sent according to the schedule specified in HUD's HOME consortia qualification notice and the Urban County qualification notice for the next qualification period. 21. The County and Municipalities agree to adopt amendment(s) to the Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) for subsequent qualification cycles, when applicable. Failure by the Parties to adopt any such amendment, and to submit such amendment to HUD, will void the automatic renewal of such qualification period. 22. The County and Municipalities will comply with all federal laws and regulations specified in HUD’s Urban County Notice. Pursuant to the provisions of 24 C.F.R. § 91.225 the County and the Municipalities shall take all actions necessary to comply with the Urban County's certification (under Section 104(b) of Title 1 of the Housing and Community Development Act of 1974, as amended) and the grant will be conducted and administered in conformity with: • Title VI of the Civil Rights Act of 1964 (and the implementing regulations at 24 CFR part 1) • The Fair Housing Act (Title VIII of the Civil Rights Act of I968) and implementing regulations at 24 CFR part 100, and the duty to affirmatively further fair housing Page 68 of 307 9 (AFFH); and • Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6 which incorporates: o Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8 o Title II of the American with Disabilities Act, and the implementing regulations at 24 CFR part 35; o The Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146; and o Section 3 of the Housing and Urban Development Act of 1968 • Other applicable laws Use of Urban County funds for activities in, or in support of, any cooperating Municipality that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's action to comply with the County's Fair Housing Certification shall be prohibited. Pursuant to 24 CFR 570.501(b), the Municipalities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. 23. Because the Municipalities will be included as part of the Urban County and HOME consortium for the three Program/Federal fiscal Years covered by this Cooperation Agreement, they will do all things that are appropriate and required of them to comply with the applicable provisions of the grant agreements received by the County from HUD in which the Municipalities are included, and with the provisions of HCDA and NAHA and all Rules and Regulations, guidelines, circulars, and other requisites promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG and HOME Programs. 24. The County and the cooperating unit of general local government agree to cooperate to undertake, or assist in undertaking, essential community renewal and lower-income housing assistance activities, as approved and authorized between the Parties in the CDBG Agreements, including the Consolidated Plan. Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG funds to a Metropolitan City, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of I974, as amended. 25. Pursuant to the provisions of 24 C.F.R. § 91.225 the Municipalities have adopted and are enforcing the following policies: (a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and; (b) Enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction. Page 69 of 307 10 26. Any changes and modifications to this Agreement shall be made in writing and shall be executed by all Parties prior to the performance of any work or activity involved in the change and be approved by HUD, if necessary, to comply with the Regulations. 27. This Agreement may be executed in one or more counterparts and, if executed in more than one counterpart, the executed counterparts shall each be deemed to be an original, but all such counterparts shall together constitute one and the same instrument. 28. The signatories represent that they are authorized to execute this Agreement on behalf of their governmental entity. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO By: _________________________________________ Carrie Warren-Gully, Chair of the Board of County Commissioners Page 70 of 307 11 CITY OF CENTENNIAL, COLORADO By: __________________________________________ City of Centennial Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 71 of 307 12 TOWN OF DEER TRAIL, COLORADO By: __________________________________________ Town of Deer Trail Approved as to Form: ____________________________ Town Attorney Attest: ________________________________________ Town Clerk or Deputy Town Clerk Page 72 of 307 13 CITY OF ENGLEWOOD, COLORADO By: __________________________________________ City of Englewood Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 73 of 307 14 CITY OF GLENDALE, COLORADO By: __________________________________________ City of Glendale Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 74 of 307 15 CITY OF LITTLETON, COLORADO By: __________________________________________ City of Littleton Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 75 of 307 16 CITY OF SHERIDAN, COLORADO By: __________________________________________ City of Sheridan Approved as to Form: ____________________________ City Attorney Attest: ________________________________________ City Clerk or Deputy City Clerk Page 76 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: September 3, 2024 SUBJECT: 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 DESCRIPTION: CB-34 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 77 of 307 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 Page 78 of 307 for prorated vehicle payments of $7,151 per month. The grant will also be utilized by the city to 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 79 of 307 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 80 of 307 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 81 of 307 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 82 of 307 1 ORDINANCE COUNCIL BILL NO. 34 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON 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 83 of 307 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 84 of 307 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. Introduced and passed on first reading on the 19th 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 85 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: September 3, 2024 SUBJECT: CB-35 Purchase of Nevada Ditch Water Rights DESCRIPTION: CB-35 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 86 of 307 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 87 of 307 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 88 of 307 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 89 of 307 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 90 of 307 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 91 of 307 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 92 of 307 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 93 of 307 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 94 of 307 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 95 of 307 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 96 of 307 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 97 of 307 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 98 of 307 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 99 of 307 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 100 of 307 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 101 of 307 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 0 2 o f 3 0 7 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 0 3 o f 3 0 7 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 0 4 o f 3 0 7 Questions? Pa g e 1 0 5 o f 3 0 7 Thank you Pa g e 1 0 6 o f 3 0 7 1 ORDINANCE COUNCIL BILL NO. 35 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON 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 107 of 307 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. Introduced and passed on first reading on the 19th day of August, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor Page 108 of 307 3 ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of 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 109 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry, Sarah Stone DEPARTMENT: Utilities DATE: September 3, 2024 SUBJECT: CB-36 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: CB-36 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 110 of 307 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 111 of 307 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 112 of 307 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 113 of 307 • 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 114 of 307 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 115 of 307 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 116 of 307 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 117 of 307 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 118 of 307 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 119 of 307 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 120 of 307 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 121 of 307 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 122 of 307 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 123 of 307 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 124 of 307 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 125 of 307 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 126 of 307 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 127 of 307 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 128 of 307 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 129 of 307 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 130 of 307 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 131 of 307 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 132 of 307 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 133 of 307 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 134 of 307 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 135 of 307 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 136 of 307 Page 137 of 307 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 138 of 307 Page 139 of 307 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 140 of 307 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 141 of 307 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 142 of 307 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 143 of 307 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 144 of 307 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 145 of 307 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 146 of 307 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 147 of 307 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 148 of 307 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 149 of 307 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 150 of 307 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 151 of 307 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 152 of 307 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 153 of 307 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 154 of 307 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 155 of 307 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 156 of 307 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 157 of 307 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 158 of 307 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 159 of 307 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 160 of 307 Page 161 of 307 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 162 of 307 Page 163 of 307 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 164 of 307 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 165 of 307 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 166 of 307 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 167 of 307 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 168 of 307 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 169 of 307 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 170 of 307 Page 171 of 307 Page 172 of 307 Page 173 of 307 Page 174 of 307 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 175 of 307 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 176 of 307 Page 177 of 307 Page 178 of 307 Page 179 of 307 Page 180 of 307 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 181 of 307 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 182 of 307 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 183 of 307 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 184 of 307 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 185 of 307 Page 186 of 307 Page 187 of 307 Page 188 of 307 Page 189 of 307 Page 190 of 307 Page 191 of 307 Page 192 of 307 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 193 of 307 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 194 of 307 Page 195 of 307 Page 196 of 307 Page 197 of 307 Page 198 of 307 Page 199 of 307 Page 200 of 307 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 201 of 307 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 202 of 307 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 203 of 307 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 307 Page 205 of 307 Page 206 of 307 Page 207 of 307 Page 208 of 307 Page 209 of 307 Page 210 of 307 Page 211 of 307 Page 212 of 307 Page 213 of 307 Page 214 of 307 Page 215 of 307 Page 216 of 307 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 1 7 o f 3 0 7 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 1 8 o f 3 0 7 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 1 9 o f 3 0 7 •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 2 0 o f 3 0 7 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 2 1 o f 3 0 7 •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 2 2 o f 3 0 7 Questions? Pa g e 2 2 3 o f 3 0 7 Thank you Pa g e 2 2 4 o f 3 0 7 1 ORDINANCE COUNCIL BILL NO. 36 NO. INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER ANDERSON 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 225 of 307 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 226 of 307 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 227 of 307 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 228 of 307 5 Introduced and passed on first reading on the 19th 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 229 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Adrian Torres, Brad Anderson, Christina Underhill DEPARTMENT: Parks, Recreation & Library DATE: September 3, 2024 SUBJECT: IGA with Arapahoe County accepting a grant for Phase 3 at Bates Logan Park. DESCRIPTION: The Parks Department applied for a grant from Arapahoe County Open Space (ACOS) for improvements at Bates Logan Park. Parks was awarded the full amount of $600,000 on July 23, 2024. Council ordinance to accept an Intergovernmental Agreement (IGA) with Arapahoe County for the grant. RECOMMENDATION: Staff recommends the City Council approve an ordinance authorizing an IGA with Arapahoe County accepting an open space grant in the amount of $600,000 for the Bates Logan Phase three improvement project. PREVIOUS COUNCIL ACTION: Council previously approved Resolution No. 14, Series 2024 on April 8, 2024, to apply for the grant. SUMMARY: The City of Englewood Parks, Recreation, Library, and Golf Department applied for a grant through Arapahoe County Open Space for $600,000 for Bates Logan Phase three improvements and was awarded the full amount on July 23, 2024. This will include a pump track, bicycle skills course, two bocce ball courts, and irrigation system replacement. ANALYSIS: Design has been completed for Bates Logan Phase three improvements. The overall park renovation plan calls for a new pavilion, restroom, plaza area, basketball court, irrigation upgrades, turf reduction, bicycle pump track and skill course, bocce ball courts, walking trails, and playground. Staff is applying for an ACOS grant in order to complete Phase three of the project. The majority of the Phase three project will include two bicycle course, bocce ball courts, and irrigation replacement. The maximum grant funding awarded for a project is $600,000 with the other funding coming from ACOS Shareback Funds. COUNCIL ACTION REQUESTED: Staff recommends the City Council approve a bill for an ordinance authorizing an IGA with Arapahoe County accepting an Arapahoe County Open Space grant in the amount of $600,000 for the Bates Logan Phase three improvement project. Page 230 of 307 FINANCIAL IMPLICATIONS: Funding in the amount of $600,000 was awarded to the City of Englewood. Matching funds are required for the grant award in the amount of $522,577.19. Matching funds are available and budgeted for in the 2024 Open Space Fund under the following projects: Grant matching (Project 10-1300-998): $414,000.00 Irrigation System Replacement (Project 10-1300-008): $108,577.19 Total: $522,577.19 CONNECTION TO STRATEGIC PLAN: Safety - Protecting our citizens, infrastructure, and environment by providing a safe and accessible park. Infrastructure - Updating, improving, and investing in City's infrastructure. Governance - Accountable, effective, and efficient with the funding that is provided for these improvements. ATTACHMENTS: Contract Approval Summary Bates Logan 3 Award Letter Englewood Bates Logan Park Phase 3_Redacted Intergovernmental Agreement BL3 CB #31 - IGA Arap. Co. Grant for Bates Logan Park Page 231 of 307 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 9/3/2024 Amendment Amount End Date 9/5/2026 Amended Contract Amount Total Term in Years 2.01 Vendor Contact Information: Name Contact Address Phone Email Centennial 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 Budget Authorization of Contract Work/Services City of Englewood, Colorado CONTRACT APPROVAL SUMMARY Approval of an ordinance authorizin an IGA with Arapahoe County accepting an open space grant in the amount of $600,000 for Bates Logan Phase 3 improvement project. Renewal options available 80112 Payment terms (please describe terms or attached schedule if based on deliverables) 303-921-5041 sbottoms@arapahoegov.com Sandy Bottoms The grant has been awarded and reimbursement will be upon completion of the project. $ 1,122,577 $ - $ 1,122,577 303-762-2538Adrian Torres atorres@englewoodco.govOpen Space Manager Arapahoe County Open Space 6934 South Lima St IGA-Intergovernmental Agreement Page 232 of 307 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 C 2024 10-1300-998 YES 414,000$ -$ -$ 414,000$ -$ C 2024 10-1300-008 154,336$ 12,433$ -$ 108,577$ 33,325$ C 2024 600,000$ -$ -$ 600,000$ -$ O -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total Current Year 1,168,336$ 12,433$ -$ 1,122,577$ 33,325$ C -$ -$ -$ -$ -$ C -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ O -$ -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ -$ GRAND TOTAL 1,168,336$ 12,433$ -$ 1,122,577$ 33,325$ 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 Grant Matching Arapahoe County Grant Irrigation Replacement Bates Logan Phase threeSolicitation Name and Number: NOTES/COMMENTS (if needed): 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 233 of 307 July 23, 2024 Adrian Torres City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Adrian, Arapahoe County Open Spaces is pleased to inform you that your recent Standard Grant application for Bates Logan Park Renovation (Phase 3) has been approved for funding in the amount of $600,000. All grant awards are subject to the execution of an Intergovernmental Agreement (IGA) between the County and grantee. Please notify me if any information in the attached IGA needs to be corrected. Please return the following documents via email to sbottoms@arapahoegov.com. Alternatively, you may mail original documents to my attention at Arapahoe County Open Spaces, 6934 S. Lima Street, Suite A, Centennial, CO 80112. • A signed, dated, and attested copy of the IGA (grantee signatures only) • A completed ACH Deposit Form or written confirmation that we have the grantee’s current banking information Upon receipt of the above, I will obtain County signatures and return a digital copy of the fully executed IGA to you for your records. IGAs must be executed by all parties within 60 days of award notification. Please note that the effective date of the IGA is the date of the grantee’s signature. Congratulations on your grant award! Please don’t hesitate to reach out if you have questions. Sincerely, Sandy Bottoms Grants Program Administrator 303-921-5041 sbottoms@arapahoegov.com Page 234 of 307 Page 235 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 2 Application Form Primary Contact Information* Please provide information for the primary contact for this project in the following format. Agency: Name: Title: Telephone: Email: City of Englewood Adrian Torres Open Space Manager 303-762-2538 atorres@englewoodco.gov Grant Category* Select One: S andard Gr nt: $150,001 - $600,000, requiring a minimum of 25% total project cost cash match Small Grant: $1,000 - $150,000, requiring a minimum of 10% total project cost cash match Standard Grant Project Type* Select One: r il Project: Trail/trailhead construction or improvement, including stream/road crossings and trailhead amenities (such as parking or shelters); on-street trails and sidepaths for the purposes of (a) connecting an isolated neighborhood or activity center to a park, trail, open space, or school, and (b) connecting to a trail system included in a regional, County, or special district planning document Site Improv m nt Project: New construction, improvement, repair, or replacement of outdoor recreation facilities or amenities (such as playgrounds, shelters, sports fields, restrooms, or interior trail connections) Environm n al/Cultural Educ ion Project Eligible projects include outreach materials (such as printed materials, video, or displays), installations (such as signage), or associated outdoor amenities (such as shelters or native landscaping) Acquisition Project: Eligible projects include fee simple acquisition of land for public open space, parks, or trails; or acquisition of a trail or conservation easement. Other Project: Other allowable projects include stream/habitat restoration, natural re-vegetation, and water quality improvement. Site Improvement Project Page 236 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 3 Project Title* Bates Logan Park Renovations Phase 3 Project Address* 2938 South Logan Street Project Location* Select a Jurisdiction or Unincorporated Arapahoe County: Englewood GPS Coordinates (Latitude in Decimal Degrees) 39 GPS Coordinates (Longitude in Decimal Degrees) -104 Grant Request Amount* $600,000.00 Cash Match Amount* $522,577.19 Total Project Amount* Total project amount includes grant request and cash match only. Please do not include in-kind match. $1,122,577.19 Cash Match Percentage* Calculate cash match as % of total project cost. 47 Page 237 of 307 Page 238 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 5 At this time, the City of Englewood has one open project with Arapahoe County Open Spaces. Bates Logan renovation project Phase 2, which started March 2024. This project is on track to be completed by December 2024 and within budget. There are no outstanding funds or requirement documentation specific to ACOS. Eligibility Question 2* How does hi pro ect align with the Arapahoe Coun y Open Space Master Plan, Arapahoe Coun y Bicycle and P destri n Ma ter Plan, n agency m ster plan, or other approved planning docum nts Bates Logan Phase 3 aligns with the objectives defined in section 4.3, # 1 Provide Equitable Access to Nature. With the proposed upgrades in Phase 3, it will contribute greatly to the quality of life in Arapahoe County by providing options for the “tween” age group with a glide track and bike skills track. There are times it is difficult to find activities for this age group and this is one of the objectives of the Parks department. It will also serve the community as a neighborhood gathering space. The Bates Logan Phase 3 also aligns with the Arapahoe County Bicycle Pedestrian Master plan performance measure # 9 – Per of development projects with integrated bicycle and pedestrian facilities and amenities. With the addition of the Bike Playground and skills course, this will increase the facilities with integrated bicycle facilities within Arapahoe County. The project also alights with performance measure # 10 – Number of bicycle or pedestrian projects completed with multi-agency coordination and funding and/or private partnerships. With the Arapahoe County Open Spaces grant funding, it would be tracked annually. Eligibility Question 3* How does hi pro ect d res specific obj ctiv in th Arapahoe County Open Spac Resolution #21 263 The proposed project aligns with the current objectives of the Arapahoe County Open Space Resolution #21- 263 adopted August 10, 2021. Specifically, this project meets the approved resolution section 12 (f) Additional Guidelines for Use of funds: f. To acquire and/or improve lands for neighborhood and regional parks, sports fields, dog parks, and other active and passive outdoor recreation purposes; Construction of the new pump track, skills track, and bocce ball courts meets this resolution item. The project will enhance an under-served neighborhood and area visitors park experience, improve the safety and accessibility for all park users. Improvements made by this project will enhance the outdoor experience while encouraging users of all ages to engage in outdoor activities. Certification and Authorized Signature Form* Please attach completed Certification and Authorized Signature Form as a PDF document. Form must be signed by highest authority in agency or authorized individual. Please name your file as follows: Page 239 of 307 Page 240 of 307 Page 241 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 8 Bates Logan Park is used by Englewood residents who live directly adjacent to the park as well as within the neighboring communities. Additionally, countywide users visit the park particularly for athletic programs which include a wide range of ages and activities. The houses within the neighborhood are small, single-family bungalows approximately 1,000 – 1,500 square feet and built in the 1950’s. Park users include families, children, young adults, adults, and seniors that might be running, walking, playing, dog walking, playing numerous sports and activities for all ages, and enjoying being outdoors within an urban environment. Many park users live within one-half mile walking distance of the park. Over the last year Bates Logan has had approximately 40,000 visits from over 12,000 visitors with an average dwell time of 72 minutes. (Data provided by Placer Labs Inc.) The proposed bocce courts and bike tracks will be used by a wide range of visitors representing parents, friends, caregivers, grandparents, and neighbors enjoying the park amenities and encouraging "Play" for all. Based on current use, park visitors use the park daily for passive and active recreation, fitness, and celebrations. Park improvements will benefit all visitors’ experiences in multiple ways. Today, you might see youth playing soccer on the athletic fields, children playing in the play area, visitors of all ages walking, stretching, and relaxing on the green open space, friends and neighbors playing a friendly game of volleyball, and guests of all ages celebrating at the pavilion. Based on statistics from the 2020 Census, younger families with children are moving into Englewood and having a park with the amenities of Bates Logan Park is a major draw. Participants from athletic programs which use Bates Logan Park include toddlers, youths, and adults. Specifically, the groups that use the athletic fields on a scheduled basis include Soccer (3-14yrs.; 7 months); Flag Football (6-12 yrs.; 3 months); Lacrosse (10-18yrs; 8 months); and Outdoor Volleyball (18+ yrs.; 5 months). More than six organizations reserve athletic fields at Bates Logan throughout the year representing a wide range of demographics: local and county wide. These organizations include Pirate Youth Sports (soccer, flag football), St. Anne’s Episcopal School (lacrosse), Skyline Soccer, Catholic Sports (outdoor volleyball), Colorado Command Lacrosse, Soccer Shots, and Skyhawks Sports Camps (multiple sports) In addition to all the organized sports, the park is fully open, and the athletic fields are used daily from March 1 to October 31 by community members of all ages and abilities. Question 3* Discuss th n d and urg ncy for this project Is this part of a mul iph s project? I o, describe the work already completed nd plan for fut re phase . What opportunities will be lost if thi project or phase is not funded now? The City completed a Parks Master Plan update (2023) which identifies priorities and actions to be used as a guide by elected and appointed officials, and city staff. The recommendations are based on the findings that include the need for budget-friendly renovations, meeting current recreation trends and demographics, improving/completing new park amenities. According to the 2017 Parks Master Plan, nearly 40% of Englewood’s residents polled were not satisfied with the community’s park playgrounds, pavilions, restrooms, basketball courts, and other park amenities. The City’s assessment is this poor/fair rating is due to age, wear, limited use, broken, inaccessibility and uninviting older playgrounds, restrooms, and pavilions. Bates Logan Park currently has some of these older amenities. The proposed project is Phase 3 for long-term improvements to Bates Logan Park. This initial phase has been completed and phase 2 has begun. If funding for this phase is not secured, the entire vision for the park could be delayed or the funds reallocated to other projects leaving the renovations for the updated park incomplete. This project is a priority for the community and the city. As residents and area visitors continue to find and explore Bates Logan Park, the outdated and accessibility challenges become more prevalent. Completing Page 242 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 9 Phase 3 will support the continuation of improving the park amenities, accessibility, and diverse uses. The proposed project will be the last step to meet current recreational trends and aesthetic needs requested by our community. Specific to Bates Logan Park, the Master Plan recommends replacing the pavilion, restroom (phase 1), and play area; update the picnic area (phase 1), basketball courts; provide neighborhood-scale programming, events, and festivals; parking lot improvements; enhance natural areas and pedestrian access. The proposed components of this project meet this priority. The City of Englewood has secured $522,577.19 in matching funds (47% of total project) for this project. However, if this project is delayed, the matching funds may be reallocated to another project. We do not want to miss the opportunity to complete the proposed project since we are shovel ready. A delay in park improvements would impact the neighboring communities by limiting recreational and outdoor needs as well as limiting safe and accessible use. Importantly, development costs continue to rise, and the City’s budgets are challenged to keep up with this inflation. This project is ready to begin construction in November 2024 and complete the project within one year. Question 4* Summ rize any plannin completed prior to submitting this grant propo l. de i n and engineerin complete? Doe he project necessitate a zonin chan e?List any permits or approvals tha need to be obtained (coun y or city planning, tormwater, ederal 404 permi , e c ) and their status. The design and construction plans for this project have been completed. Em Dub Design, LLC has provided designs, engineering, and budget estimates. According to the City’s Parks and Recreation Master Plan, updated in 2023, major renovations by the community were requested for Bates Logan Park. Specific to Bates Logan Park, as previously discussed, the Master Plan recommendations include replacing the pavilion (phase1), restroom (phase1), and play area (phase 2); updating the picnic area (phase 1), basketball courts (phase 2); provide neighborhood-scale programming, events, and festivals; parking lot improvements; enhance “natural areas” and pedestrian access. The proposed components of this project meet this priority. Amenity improvements will require a building permit from the City of Englewood which will be secured by the construction contractor at a minimal cost. A review of the amenity improvement project was conducted by Englewood’s Development Review team (DRT). The DRT is comprised of City staff and various departments for the purpose of reviewing projects which occur within the City. The DRT provides recommendations based on impacts to those departments and City Code Regulations. No further revisions or changes were recommended. There is no zoning, storm water, or federal 404 changes required for this project. Question 5* Des ribe how th project will b completed wi hin the required wo year ime rame. Discu s he a ency s capacity to complete the project, including pro ect m n gement, re ources, and experience implementing similar pro ect Page 243 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 10 The Bates Logan Park renovation phase 3 project is shovel ready. If the grant is approved by ACOS, the construction process will begin in November 2024 and be completed in its entirety by December 2025. The city has retained a consultant to provide conceptual plans. Based on these, the park is in final design. City employees will provide project management. The Bates Logan Park renovation phase 3 project will go through a competitive solicitation process per the City’s procurement policy and charter; the process is planned for Fall 2024. Soliciting contractors, project bidding, ordering materials, and site preparation is estimated to take four months . The city will work closely with the contractor to complete the proposed projects within a 12-month time frame with a completion date of December 2025. We have successfully completed multiple ACOS projects on time and within budget. Our past ACOS projects include park and open space improvements for Romans Park, Jason Park, Rotolo Park, Northwest Greenbelt, Bates Logan, and Belleview Park. For more than 18 years, the City has proven their capacity to complete capital projects. Question 6* Summ rize any effort to ob ain public inpu , diss minate information to the p blic, develop partn r hip , and garner community support for this proj ct Evidence of a r n parent public proce will be required Li t the st keholders th re involved. Discuss ny known or anticipated opposition to his project and how this will be addressed The City of Englewood held the initial community open house for Bates Logan Park in February 2022 to collect public input, share initial concept plans, and gather community support for the proposed updates. The open house was attended by residents and neighbors of the park. Attendees were encouraged to review each design and elements. After review, attendees labeled preferred design of the proposed layout as well as specific project elements (pavilion, restroom, play area, athletic courts); thus, resulting in the previous Phase 1 and Phase 2 of the Bates Logan improvements prioritized with community input. Importantly, the planning and design team from the consulting firm and city departments were present to answer questions and collect feedback. After the meeting, community members provided additional feedback verbally and written to the city. A second open house was held in March of 2023 to give the community an update and gather any additional community feedback. The City of Englewood’s website and social media channels shared the information about the proposed project. The information shared included proposed site plans, options, updates, and representative contact information. Community members were asked to provide feedback regarding the design selection and preferences for the new park features. During the community planning process, there were no objections to the proposed projects for Phase 3. The neighborhood input has truly demonstrated full support for constructing a bocce court and installing two new pump tracks. Question 7* How m ch o your cash match i s ure ? I pplicable, what re your plans for ecuring dditional unds? De cribe ca h and in kind ma ch p rtner hips est blished or this project Page 244 of 307 Page 245 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 12 Importantly, a decrease in maintenance budget is anticipated since the amenities will be new and require limited maintenance. Water and maintenance savings are anticipated due to converting turf to pollinator friendly native plantings. Although water savings are difficult to estimate, the overall goal is to eliminate irrigating this section of the park due to the installation of the new glide track, bike skills course and native seeding. We will irrigate the seed to get it to germinate than only water on a as needed basics. In similar areas in our Park system, we only need to water a couple times per season. We are working with American Ramp Company and Em Dub landscaping to produce a low maintenance design for both bicycle courses. The City of Englewood will manage and complete the ongoing and long-term maintenance of the park including litter control, vandalism repairs, and playground repair and maintenance. Funding for Bates Logan Park has been budgeted for maintenance in the 2024 Parks General Fund Budget. Again, it is likely that maintenance costs will decrease because the costs to maintain the older infrastructure continue to rise. Attachment 1: Evidence of Support from Highest Authority* Please attach evidence of support from the agency's highest authority (official letter or resolution) as a PDF document. At a minimum, this document must include: project title, amount of grant funds requested, statement that matching funds are secured and/or efforts to secure funds are underway (include the amount of matching funds committed), and certification that the project will be open to the public or serve a public purpose upon completion. Please name your file as follows: Englewood_SupportHighestAuthority.pdf Attachment 2: Evidence of Community Support* Please attach up to 5 letters of support from users, working groups, community members, volunteers, schools, etc. as a single PDF document. Letters should be specific to the project and dated within the last 6 months. Please name your file as follows: Englewood_CommunitySupport.pdf Attachment 3: Documentation of Opposition* Please attach documentation of opposition to the project (such as letters, petitions, articles, etc.) as a single PDF document. If there is no known opposition, please attach a page stating that this section is not applicable. Please name your file as follows: Englewood_Opposition.pdf Page 246 of 307 Adrian Torres City of Englewood Printed On: 16 April 2024 2024 Standard and Small Grant Application 13 Attachment 4: Evidence of Commitment from Project Partners* Please attach evidence of commitment from project partners (such as partner support letters, commitment to provide cash/in-kind match, or maintenance agreements) as a single PDF document. There is no maximum allowable number of partner support letters. If there are no partners for this project, please attach a page stating that this section is not applicable. Please name your file as follows: Englewood_PartnerCommitments.pdf Attachment 5: Primary Project Photo* Please attach one high resolution photo in JPG format. Please choose the photo that provides the best overall representation of your project. This photo will be used for presentations and/or publications. Please name your file as follows: 1.jpg Attachment 6: Photos* Please attach photos of existing conditions at the project site (including captions) as a single PDF document. Include conceptual drawings if applicable. Please name your file as follows: Englewood_Photos.pdf Attachment 7: Maps* Please attach a site map and a vicinity map as a single PDF document. Please name your file as follows: Englewood_Maps.pdf Attachment 8: Site Visit Form* Please attach a completed site visit form as a PDF document. Please name your file as follows: Englewood_SiteVisitForm.pdf Attachment 9: Evidence of Property Ownership/Access* Please attach evidence of property ownership/legal access (ArapaMAP parcel information, title commitment, etc.) as a PDF document. Page 247 of 307 Page 248 of 307 Page 249 of 307 Page 250 of 307 Project Timeline Form 2024 Open Space Grant Application 1.3.2024 Applicant: City of Englewood_____________Project Title: Bates Logan Park Renovations Phase 3_ Use the sample timeline below as a guide to complete your proposed project timeline. Rows or columns may be added as necessary to incorporate any milestones specific to your project. Timeline must be detailed, realistic, and coincide with details provided in the narrative portion of the grant application. Timeline must conclude within two years of project start date. Page 251 of 307 Page 252 of 307 Page 253 of 307 1 RESOLUTION NO. 14 SERIES OF 2024 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S ARAPAHOE COUNTY OPEN SPACE (ACOS) GRANT APPLICATION FOR BATES LOGAN PARK RENOVATION, PHASE 3. WHEREAS, in 2003, Arapahoe County voters approved a ten (10) year, quarter-of-a- penny sales and use tax to pay for the preservation of open space, protect lands, preserve water quality, and provide, maintain, and improve neighborhood parks, sports fields, picnic facilities, and trails; and WHEREAS, in 2005, Arapahoe County earmarked a portion of these tax revenues to finance competitive grant projects; and WHEREAS, annually, the City of Englewood is eligible to apply for up to two (2) Arapahoe County Open Space (ACOS) grants; and WHEREAS, the City proposes to utilize 2024 ACOS Grant funds for Phase 3 improvements to the amenities at Bates Logan Park, including adding bocce courts, a bike skills course, a glide track, and reducing turf; and WHEREAS, the City of Englewood, through the 2017 Parks and Recreation Master Plan, has identified renovations needed at Bates Logan Park; and WHEREAS, the City commits to completing the Bates Logan Park Renovation if the grant is awarded; and WHEREAS, the project site is owned by the City of Englewood and is an outdoor public facility open to the public; and WHEREAS, if the grant is awarded, the City of Englewood acknowledges the responsibility of cost overruns for the Bates Logan Park Renovation; and WHEREAS, the total projected expenses for this phase of the Bates Logan Park Renovation are estimated at $1,122,577.19, including $600,00.00 in grant funds requested from ACOS and $522,577.19 in Grant Matching Funds provided by the City for the project; and WHEREAS, the City’s Grant Matching Funds of $522,577.19 will be sourced from the Open Space Fund 2024 budget; and WHEREAS, as a condition of the grant application, Arapahoe County requires evidence of support from the City’s highest authority, such as a City Council resolution; and WHEREAS, City staff seeks Council approval of a Resolution authorizing the submission of a 2024 ACOS Grant application for $600,000.00. Page 254 of 307 Page 255 of 307 Arapahoe County Open Spaces Open Space and Trails Advisory Board 6934 South Lima St., Unit A Centennial, Colorado 80112 March 29, 2024 Dear Open Space and Trails Advisory Board, Page 256 of 307 Page 257 of 307 Arapahoe County Open Spaces Open Space and Trails Advisory Board 6934 South Lima St., Unit A Centennial, Colorado 80112 Sunday, March 31st, 2024 Dear Open Space and Trails Advisory Board, As the Board Chair of the Englewood Parks and Recreation Commission, the Commission enthusiastically supports the proposed Bates/Logan Park Phase 3 renovations in Englewood. The planned enhancements and improvements to the park will benefit all visitors including neighboring community and residents. Features including the proposed bicycle pump track, bicycle skills course, and bocce ball courts will bring unique and exclusive amenities to the Englewood Parks System, only available at Bates/Logan Park. Additionally, this project will reduce more than 50,000 square feet of irrigated Kentucky bluegrass and replace it with Colorado native, pollinator friendly species. The conversion will reduce water, increase sustainability, reintroduce native plant species, provide educational opportunities, and provide a large-scale example of turf conversion to our community. This project will also meet the needs of our growing community and resolve concerns about safety, aesthetic quality, and lack of ADA accessibility. Our neighbors, their families, our friends, and community members visit the park on an ongoing basis. The Commission believes all park visitors would benefit from the new amenities. Thus, we completely support renovations at the park to meet ADA accessibility and provide safe access between park amenities and play for all. We encourage the Arapahoe County Open Space Program to fund the Bates/Logan Park Phase 3 renovations. This project will significantly benefit local and county wide visitors. Sincerely, Emma Wood Page 258 of 307 Page 259 of 307 Arapahoe County Open Spaces Open Space and Trails Advisory Board 6934 South Lima St., Unit A Centennial, Colorado 80112 March 26, 2024 Dear Open Space and Trails Advisory Board, As a neighbor in the community, I fully support the proposed Bates/Logan Park Phase 3 renovations. The planned improvements will benefit all park visitors from the neighboring community and residents. The proposed bicycle pump track, bicycle skills course, and bocce ball courts will bring unique amenities to the Englewood Parks System. These amenities are currently not offered in Englewood and will bring exciting new opportunities to our community. This project will also reduce more than 50,000 square feet of irrigated Kentucky bluegrass and replace it with Colorado native, pollinator friendly species. The conversion will reduce water, increase sustainability, reintroduce native plant species, provide educational opportunities, and provide a large-scale example of turf conversion to our community. This project will also meet the needs of our growing community and resolve concerns about safety, aesthetic quality, lack of ADA accessibility. Our neighbors, their families, our friends, and community members visit the park on an ongoing basis. I believe all park visitors would benefit from the new amenities. Thus, I completely support renovations at the park to meet ADA accessibility and provide safe access between park amenities and play for all. We encourage the Arapahoe County Open Space Program to fund the Bates/Logan Park Phase 3 renovations. This project will significantly benefit local and county wide visitors. Sincerely, Michael Chisholm 3233 Cherokee St., Englewood Colorado Page 260 of 307 Page 261 of 307 Page 262 of 307 Page 263 of 307 Page 264 of 307 Page 265 of 307 Page 266 of 307 Page 267 of 307 Open Space Grants - Site Visit Form Open Space Grant Application 1.9.2023 City of Englewood Standard Grant Grant Category Applicant Bates/Logan Park Renovation Grant Phase Title of Grant Project Adrian Torres atorres@englewoodco.gov 720-425-7953 Site Visit Representative Name Site Visit Representative Email and Cell Phone # cell # will be used to contact you on site visit day if necessary (e.g., running late, weather complications, etc.) 1. Please provide the project address or the closest major intersection. 2900 S. Pennsylvania St (Cornell Ave & Logan St.) 2. Specify a meeting location at the project site. Park in the small parking lot off Cornell Ave. and Pennsylvania St. 3. Provide other helpful information, for example parking instructions, availability of restrooms on site or nearby, necessary walking from parking to site, or other clarification. Driving directions from the ACOS office (6934 S. Lima St., Centennial) are not required, but may be included if the site is difficult to find. Restrooms are available and grant project and amenities are all close together. Page 268 of 307 Page 269 of 307 Page 270 of 307 Page 271 of 307 Page 272 of 307 Page 273 of 307 Page 274 of 307 Page 275 of 307 Page 276 of 307 Rev. September 2023 1 INTERGOVERNMENTAL AGREEMENT REGARDING 2024 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BATES LOGAN PARK RENOVATION PHASE 3 _____________________________________________________________________________________________________________ This Intergovernmental Agreement (“Agreement”) is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO (“County”), and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (“Grantee”) (collectively “Parties” and individually a “Party”). RECITALS A.On November 2, 2021, the voters of the County permanently reauthorized, until repeal, a countywide sales and use tax to be deposited in the County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 21-263 (“Open Space Resolution”). B.The Open Space Resolution authorizes the County to award discretionary grants from its Open Space Fund to municipalities and special districts, as more fully set forth in the Open Space Resolution. C.On July 23, 2024, the County approved by resolution the Grantee’s grant proposal for the Bates Logan Park Renovation Phase 3 (“Grant Project”), which is attached as Exhibit A, subject to the execution of an intergovernmental agreement. D.This Agreement is authorized by Article XIV, Section 18 of the Colorado Constitution and C.R.S. § 29-1-203. AGREEMENT NOW, THEREFORE, the County and the Grantee agree as follows: 1. Amount of Grant. The County awards Grantee an amount not to exceed $600,000 (“Grant Funds”) for the Grant Project from the County Open Space Fund. 2.Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project as described in Exhibit A. 3.Disbursement of Grant Funds. The County shall pay the Grant Funds via ACH transfer to the Grantee on a reimbursement basis upon receipt of the approved status report and documentation of expenditures as required by this Agreement and no more often than bi- annually. No more than 75% of the Grant Funds will be reimbursed prior to the final report approval. The final 25% of Grant Funds will be reimbursed following the Grant Project inspection and review and approval of the final report and Grant Project deliverables. Page 277 of 307 Rev. September 2023 2 4.Time for Use of Grant Funds. The Grantee agrees that the Grant Project must begin within 60 days of the grant award notification. The Grantee agrees that the Grant Project will be completed and the Grant Funds will be expended no later than two years from the Effective Date, unless the County agrees in writing to a longer period of time. The Grantee understands and agrees that, if the Grant Project cannot be completed within the two-year period or by the end of the agreed-upon extension, the County may require that the Grant Funds be refunded to the County Open Space Fund, be re-distributed to another agency, and/or be used for another viable and timely project. 5.Interest on Grant Funds. The Grantee further agrees that, after receipt of the Grant Funds, the Grantee will use any interest earned on the Grant Funds only for the Grant Project. 6.Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project, nor shall the County have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the awarded Grant Funds. Grantee also agrees to comply with all local, state, and federal requirements while completing the Grant Project unless specifically waived. 7.Grant Project Site Visits. Upon 24 hours’ written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, at the completion of, and/or after the Grant Project. 8. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, on-site construction signage, news releases, and other publicity issued by the Grantee related to the Grant Project and agrees to allow the County to do the same. If any events are planned in regard to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes. Event information, event materials, and press release information related to the Grant Project must be sent to the County Grants Program Administrator for review and filing. 9.Required Sign at Grant Project Site. The County agrees to provide a standard sign for the Grant Project. Grantee agrees to erect and permanently maintain at least one County sign in a publicly visible area in recognition of the grant from the Arapahoe County Open Space Program. If the Grantee wishes to use its own sign and design, the Grantee must submit the sign location, design, and wording to the County Grants Program Administrator for approval prior to manufacture and/or installation of such sign. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is earlier. 10.Report Requirements. On or before January 31 and July 31 annually, the Grantee agrees to provide the County with Grant Project Progress Reports that conform to the format provided by the County. Each Grant Project Progress Report shall include supporting Page 278 of 307 Rev. September 2023 3 financial documentation as requested in the form provided. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a Final Report that conforms to the format provided by the County; a final spreadsheet comparing the original budget to actual expenses that certifies Grant Funds used in compliance with the Open Space Resolution; supporting financial documentation as requested in the County report form; and high-resolution photographs of the progress and finished results of the Grant Project. The Final Report shall be submitted within three months of Grant Project completion unless the County agrees in writing to a longer period of time. The County shall be allowed to use information and images from these reports in publications, public information updates, and on the County’s website. 11.Failure to Submit Required Reports. Upon written notice from the County’s Open Space Grants Program Administrator informing the Grantee that it has failed to submit any required status report and/or final report, the Grantee shall submit such reports to the County’s Open Space Grants Program Administrator within 30 days, and, if it fails to do so, the Grantee shall be deemed to be in violation of this Agreement. 12.Record-Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee that are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records pertinent to the Grant Project for a minimum of three years from the Grant Project completion date. The Grantee agrees to report to the County any unexpended Grant Funds and consult with the County concerning proper accounting for unexpended Grant Funds. 13. Changes to Grant Project. The Grantee agrees and understands that its Grant Project, once it has been approved by the County, may not be changed without the County’s prior written approval. Proposed changes must be formally requested using the applicable Grant Project Modification Form provided by the County. Changes may not begin until the County has issued a written approval, which may also require the execution of an amendment to this Agreement. 14.Maintenance. Grantee agrees to assume responsibility for continuous maintenance and public safety of open space lands, trails, recreation facilities, amenities, signage, and other projects funded by the Grant Funds for the useful life of the Grant Project, or a minimum of 10 years, in accordance with product warranties and/or the generally accepted standards in the parks/recreation community. 15.Change in Use. If Grantee wishes to dispose of or sell the property purchased with the Grant Funds or if the Grantee intends to use the Grant Project or property purchased with the Grant Funds for purposes other than the purposes specified in Exhibit A, Grantee shall provide written notice to the County. Grantee shall obtain the County’s written consent prior to proceeding with such disposition, sale, or change in use. The County, in its sole discretion, may require Grantee to make a proportionate refund to the County based on the Page 279 of 307 Rev. September 2023 4 value of the Grant Project or of the property purchased with the Grant Funds at the time of disposition, sale, or change in use. 16.Failure to Comply and Reimbursement of Grant Funds. The Grantee understands and agrees that the County may require the Grantee to reimburse the County if any portion of the Grant Funds is not used in accordance with its approved grant proposal and this Agreement. Failure to comply with this Agreement shall result in default, and the Grantee shall be ineligible for any future grants until the violation is remedied or after such other time period as determined by the County in its sole discretion. 17.Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided by law. 18.No Waiver of Rights. A waiver by either Party of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 19.Relationship of the Parties. The Grantee shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 20.No Third-Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee. 21.Severability. The invalidity or unenforceability of any portion or previous version of this Agreement shall not affect the validity or enforceability of any other portion or provision. Any invalid or unenforceable portion or provision shall be deemed severed from this Agreement and, in such event, the Parties shall negotiate in good faith to replace such invalidated provision in order to carry out the intent of the Parties in entering into this Agreement. 22.Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the Parties. 23. Venue. Venue for any legal action arising out of this Agreement shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 24.Notices. Notices under this Agreement shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, CO 80120-1136 and Arapahoe County Attorney Page 280 of 307 Rev. September 2023 5 5334 South Prince Street Littleton, CO 80120-1136 and Arapahoe County Open Spaces Grants Program Administrator 6934 S. Lima St., Unit A Centennial, CO 80112 GRANTEE: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 25. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 26. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 27. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. In the event of any conflicts between this Agreement and any attached documents, this Agreement shall control. 28. Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 29. Assignment. The rights, or any parts of this Agreement, granted to the Parties in this Agreement may be assigned only with the prior written consent of the non-assigning Party. 30. Extent of Agreement. This Agreement constitutes the entire agreement of the Parties related to the Grant Project. The Parties agree that there have been no representations made regarding the subject matter of this Agreement other than those, if any, contained in this Agreement, and the various promises and covenants contained in this Agreement are mutually agreed upon and are in consideration of one another. 31. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities. 32. Effective Date. This Agreement will become effective on the date of the Grantee’s signature (“Effective Date”). Signature pages follow Page 281 of 307 Rev. September 2023 6 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the Effective Date. ATTEST: CITY OF ENGLEWOOD By: ____________________________ By: __________________________________ Name: Name: Title: Title: Date: ___________________ COUNTY OF ARAPAHOE STATE OF COLORADO By: __________________________________ Margina Pingenot, Director, Open Spaces Pursuant to Resolution No. 24-077 Page 282 of 307 Rev. September 2023 7 EXHIBIT A Page 283 of 307 1 ORDINANCE COUNCIL BILL NO. 31 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO FOR AN INTERGOVERNMENTAL AGREEMENT REGARDING 2024 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BATES LOGAN PARK RENOVATION PHASE 3 WHEREAS, On November 2, 2021, the voters of Arapahoe County permanently reauthorized, until repeal, a countywide sales and use tax to be deposited in the County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 21-263; and WHEREAS, Arapahoe County is authorized to award Grant funds from its Open Space Fund to municipalities; and WHEREAS, the City Council of the City of Englewood authorized the City’s Arapahoe County Open Space Grant Application for Bates Logan Park Renovation Phase 3 by the passage of Resolution No. 14, Series 2024; and WHEREAS, the City of Englewood submitted an Arapahoe County Open Space Grant Application for Bates Logan Park Renovation Phase 3 for the award of Grant funds from the Open Space Fund; and WHEREAS, On July 23, 2024, Arapahoe County approved by resolution the City’s Grant proposal for Bates Logan Park Renovation Phase 3; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $600,000 for the Bates Logan Park Renovation Phase 3; and WHEREAS, the City’s Grant matching funds of $522,577.19 will be sourced from the Open Space Fund 2024 budget; and WHEREAS, the City will utilize 2024 Grant funds for Phase 3 improvements to the amenities at Bates Logan Park, including adding bocce courts, a bike skills course, a glide track, and reducing turf; and Page 284 of 307 2 WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the City of Englewood and the Board of County Commissioners of Arapahoe, State of Colorado for the Bates Logan Park Renovation Phase 3; 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 by the City of an Intergovernmental Agreement with the Board of County Commissioners of the County of Arapahoe, State of Colorado for an Intergovernmental Agreement Regarding 2024 Grant of Arapahoe County Open Space Program Funds Project Name: Bates Logan Park Renovation Phase 3, in the form substantially the same as that attached hereto. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that Page 285 of 307 3 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 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 286 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: September 3, 2024 SUBJECT: Resolution presenting sufficiency and setting ballot title for initiated charter amendments for the November 5 election - Direct Election of Mayor DESCRIPTION: Resolution presenting sufficiency and setting ballot title for initiated charter amendments for the November 5 election - Direct Election of Mayor RECOMMENDATION: Staff recommends Council approve a resolution setting a ballot title for an initiated proposed charter amendment regarding the direct election of the Mayoral position on City Council. SUMMARY: On June 10, 2024, a statement of intent was filed with the City Clerk to circulate a petition regarding proposed amendments to City Charter Article III, Section 24 and Section 19, to give Englewood voters the right to directly elect the Mayor of the City of Englewood without altering the current mayoral authorities or terms in office. An approved petition began to circulate on June 13, 2024. The charter initiative petition was timely filed on August 7, 2024 and deemed sufficient on August 27, 2024. Per state law and City Charter §45, 46 and 48, Council shall set a ballot title for the proposed amendment at it's next meeting. Charter initiatives must be voted on. The City Clerk will certify the ballot question to the county clerk for the coordinated general election to be held on November 5, 2024. ANALYSIS: From the City Attorney's Office: after role sole Council’s City 31-2-210(1)(a), Colo. Stat. Rev. receiving to Pursuant § certification of the petition is to set a ballot title for the proposed amendment. Colo. Rev. Stat. § 31-11-111(3) provides the statutory considerations for City Council in setting the ballot title, providing that Council (a) “shall consider public confusion that might be caused by misleading titles”; (b) “shall, whenever practicable, avoid titles for which the general understanding of the effect of a “yes” or “no” vote would be unclear”; (c) “shall not conflict with those titles selected for any other measure that will appear on the municipal ballot in the same election”; and (d) “shall correctly and fairly express the true intent and meaning of the measure”. Page 287 of 307 City staff drafted a proposed ballot title, and Petitioner Cathy Naughton proposed a ballot title. These are presented as Option A and Option B on the proposed Resolution. City Council may choose either option (through a Motion such as "I move to approve the Resolution, with Option B ballot title."); or City Council may set a different ballot title altogether after considering this issue and applying the factors above. Petitioner Cathy Naughton provided input on ballot title language initially proposed by staff, regarding the true intent and meaning, and expressed concern that the initial proposed language referred to elimination of an at-large council position, which was not the intent. In response, the staff-proposed ballot language was revised from initial proposed language. These are the comments provided by Petitioner Cathy Naughton: The true intent of the question is to allow the voters the right to directly elect the mayor. The Mayor seat will be an at-large position, and thus [an at-large council position] will not be eliminated, rather the Mayor will become at-large. The example provided by the City Attorney's office confuses the intent of the question. Eliminating the At-Large position is not the main intent. Electing a mayor is. While the City of Englewood historically sets ballot questions by ordinance, an ordinance is not appropriate for this measure to set a ballot title, given (a) neither Colo. Rev. Stat. § 31-2-210 nor Englewood Charter or Municipal Code require adoption of an ordinance to set a citizen-initiated charter amendment ballot title, (b) the City's required process under its Charter requires two readings or an ordinance at least 7 days apart and at least 30 days to elapse from publication of second reading, but following this process would not allow the City to meet the state-required deadline for ballot certification, and (c) setting a ballot title does not meet the criteria for an Emergency Ordinance under Charter 41. Therefore, this ballot title is set by Resolution. COUNCIL ACTION REQUESTED: Staff recommends Council approve a resolution setting the ballot title for the proposed charter amendment on the November 5, 2024 ballot. FINANCIAL IMPLICATIONS: Initial cost estimate for a coordinated election on November 5, 2024 with Arapahoe County is $23,567.64 The City Clerk's office has budgeted $40,000 for election expenses in 2024. ATTACHMENTS: Resolution Certificate of Sufficiency Charter initiative statement of intent Cost Estimate Page 288 of 307 1 RESOLUTION NO. _____ SERIES OF 2024 A RESOLUTION SETTING THE BALLOT TITLE FOR A CITIZEN-INIITIATED HOME RULE CHARTER AMENDMENT REGARDING THE DIRECT ELECTION OF ENGLEWOOD MAYOR. WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule Charter (the “Charter”), proposed amendments to the Charter may be submitted to the electors through petitioning City Council at regular or special municipal elections in accordance with Article XX of the Colorado Constitution; and WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the right of the people to petition City Council for a charter amendment, to be submitted to a vote of qualified elections at the next general election if the petition is signed by the requisite number of qualified electors; and WHEREAS, pursuant to Colo. Rev. Stat. § 31-2-210(1)(a), proceedings to amend a home rule charter may be initiated by filing a statement of intent to circulate a petition; and WHEREAS, on the 10th day of June, a statement of intent was filed by Cathy Naughton, Sandy Kettlehut, Jan Weipert, Mike Jones, and Matt Crabtree regarding a Charter amendment to provide for the direct election of the Mayor; and WHEREAS, currently the Mayor is elected as a City Council Member, and the elected City Council Members then choose the Mayor; and WHEREAS, on August 7, 2024, petitions were filed with the Englewood City Clerk to place this Charter amendment question on the November 5, 2024 election ballot; and WHEREAS, on August 27, 2024, the City Clerk’s office certified to City Council the validity and sufficiency of the petitions submitted; and WHEREAS, pursuant to Colo. Rev. Stat. § 31-2-210(1)(a), City Council’s sole role after receiving certification of the petition is to set a ballot title for the proposed amendment at its next meeting after petition certification, or on September 3, 2024; and WHEREAS, Colo. Rev. Stat. § 31-11-111(3) provides the statutory considerations for City Council in setting the ballot title, providing that Council (a) “shall consider public confusion that might be caused by misleading titles”; (b) “shall, whenever practicable, avoid titles for which the general understanding of the effect of a “yes” or “no” vote would be unclear”; (c) “shall not conflict with those titles selected for any other measure that will appear on the municipal ballot in the same election”; and (d) Page 289 of 307 2 “shall correctly and fairly express the true intent and meaning of the measure”; and WHEREAS, while the City of Englewood historically sets ballot questions by ordinance, an ordinance is not appropriate for this measure to set a ballot title, given (a) neither Colo. Rev. Stat. § 31-2-210 nor Englewood Charter or Municipal Code require adoption of an ordinance to set a citizen-initiated charter amendment ballot title, (b) in order to meet the deadline for ballot certification, the City is unable to follow the required Procedure for Passage of an ordinance set by Charter 40, and (c) setting a ballot title does not meet the criteria for an Emergency Ordinance under Charter 41. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The following ballot question regarding a proposed amendment to the Charter shall be submitted to the registered electors of the City at the election held on Tuesday, November 5, 2024: Ballot Question No. ___ BALLOT TITLE OPTION A (DRAFTED BY STAFF): Charter Amendment to Directly Elect the Mayor BALLOT TITLE OPTION B (REQUESTED BY PETITIONER CATHY NAUGHTON): Charter Amendment to Allow Voters the right to Directly Elect the Mayor In order to provide Englewood voters the opportunity to directly elect the mayoral position on City Council, shall there be an amendment to Englewood City Charter Sections 19 and 24 requiring the Mayor to be elected by the voters, beginning with the general municipal election in November 2025, thereby replacing the third at-large Council position expiring in 2025? Yes/For the Measure ____ No/Against the Measure ____ Section 2. Any City of Englewood registered elector desiring to protest the proposed ballot title and/or submission clause for this initiated measure may file a written protest in the office of the City Clerk. In order to attempt to meet the November 2024 Arapahoe County Coordinated Election ballot certification deadline, said notice of protest shall be filed no later than 5:00 p.m. on the day immediately following the date of adoption of this Resolution. The notice of protest shall set forth with particularity the grounds of the protest. Such protest shall be heard, considered, and resolved by the City Council as soon as practicable. No ballot title and/or submission clause shall be certified on a ballot until after resolution of the protest. This protest procedure is set by Page 290 of 307 3 Resolution in accordance with Colo. Rev. Stat. § 31-11-111, given the protest procedure established by EMC § 1-8-8 does not apply to ballot titles set by Resolution. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electors of the City of Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary of State. Section 5. If any section, paragraph, clause, or other portion of this Resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Resolution. ADOPTED AND APPROVED this 3RD day of September, 2024. Othoniel Sierra, Mayor Attest: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2024. __________________________ Stephanie Carlile Page 291 of 307 Page 292 of 307 RECEIVED City of Englewood, JUN10 2024 Date:June 10,2024 Office of Ihe City RE:Charter Initiative Statement of Intent to circulate a petition This citizen-initiated charter amendment safeguards the interest of Englewood voters and their right to elect City Councilrepresentation by imposing stricter requirements for the appointment of vacated positions on the Englewood City Council.Additionally,this amendment clari?es eXIsting Englewood law if a vacancy cannot be ?lled by a successful City Council vote within 30 days.Speci?cally,this amendment aims to: 1.Mandates a supermajority vote of at least 75%of the remaining council members for vacancy appointments,replacing the current requirement of a simple majority. 2.Strengthens existing language by requiring that council reach a successful vote on vacancy appointments within 30 days It a successful vote cannot be reached by council within 30 clays,and if the vacancy occurs more than 6 months before any general municipal election,a special election will be held for the respective unexpired term. 3.Prevents a special election from occurring less than 6 months from a general municipal election to ?ll a vacancy Charter sections to be amended with the proposed initiative that relate to this language: -Article III.—Legislative Body,Section no,28:-Vacancies. The text of the proposed Charter amendment to appear on the ballot is as follows: To GUARANTEEA BROADERCOMMUNITYCONSENSUSFOR APPOINTMENTSOF VACATEDPOSITIONS ON CITYCOUNCIL AND TO PROTECT THE INTERESTS0F ENGLEWOODVOTERS,SHALLTHERE BE AN AMENDMENT TO THE CITYCHARTERSECTION28 REQUIRINGA SUPERMAJORITYVOTE OF NO LESS THAN 75%OF THE REMAININGCOUNCILMEMBERSFORTHEAPPOINTMENTOF AVACATED POSITION, AND IF A VOTECANNOTBE REACHEDWITHIN 30 DAYS.AND THE VACANCYOCCURSGREATERTHAN 6 MONTHS FROM ANY GENERALMUNICIPALELECTION,SUCHVACANCYSHALL BE REFERREDTO A SPECIALELECTIONFOR THE RESPECTIVEUNEXPIRED TERM,OTHERWISETHE POSITION WILL BE HELD VACANT UNTILTHE NEXTGENERALMUNICIPALELECTION? It is our intent to submit this amendment to the voters of Englewood at the next regular election,in November 2024. Page 293 of 307 Respectfully signed by following registered electors ofthe City of Englewood in the following districts: 1 Cathy Naugliton,District4 Mik Sandy Kettel ut,District 2 lvllralcree,listrlct1 Jan eipert,District 4 Page 294 of 307 Jurisdiction's Share of Total Election Costs Based On: Total Jurisdiction Active Registered Voters 22,058 ÷ Sum of Active Registered Voters for all Coordinating Entities 1,575,269 = Weighted Population Average (WPA)0.014003 Election Expenses for Coordinated Election Total Cost County Staff Permanent staff overtime compensation (after 9/09/2023) 15,000.00$ Temporary election staff compensation (after 9/09/2023) 25,000.00$ Total 40,000.00$ Election Judges Election Judge training materials 1,000.00$ Election Judge compensation (VSPCs & ballot processing) 500,000.00$ Election Judge communications 300.00$ Total 501,300.00$ Ballot and Envelope Printing (Mail, in-person, test, etc.) Mail Ballot Printing 450,000.00$ Ballot envelopes (outgoing, return and labels) 110,000.00$ Voter instructions, secrey sleeves, inserts 90,000.00$ Ballot shipping fees 20,000.00$ Ballot-on-Demand supplies (card stock, toner, etc) 20,000.00$ Total 690,000.00$ Ballot Printing, Programming & Insertion Vendor onsite election support (3rd party vendor only) -$ Ballot layout and programming (3rd party vendor only) -$ Ballot insertion and mailing fees (3rd party vendor only) 140,000.00$ BOD Ballot Programming (3rd party vendor only) -$ Total 140,000.00$ VSPC Location Costs VSPC set up expenses 5,000.00$ VSPC location rental expenses 2,500.00$ Signage 800.00$ Office Supplies (pens, forms, etc.) 5,000.00$ Electronic equipment for VSPCs purchased/leased 50,000.00$ Vehicle expenses (rentals, mileage etc) 12,000.00$ Ballot and equipment delivery/collection 20,000.00$ Remote connectivity expenses (Wifi) 1,200.00$ Total 96,500.00$ Security Expenses related to Judges and VSPCs Transfer cases and portable ballot boxes -$ Security personnel costs 20,000.00$ CBI background checks for Election Judges/temp staff 10,000.00$ ATTACHMENT A - FINAL SHARED COST INVOICE City of Englewood NOV. 5, 2024 ELECTION COORDINATING COSTS (with TABOR) Page 295 of 307 Total 30,000.00$ Election Notices Statutory notice of election 280.00$ TABOR Notice - printing and production 65,000.00$ Total 65,280.00$ Postage Mail Ballot Postage 75,000.00$ TABOR Notice Postage 35,000.00$ Mail Ballot Undeliverable/Return Postage Due 10,000.00$ Total 120,000.00$ Total Election Expense 1,683,080.00$ x Weighted Population Average (WPA) 0.0140$ Total Due to Arapahoe County 23,567.64$ Page 296 of 307 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: September 3, 2024 SUBJECT: Resolution presenting sufficiency and setting ballot title for initiated charter amendments for the November 5 election regarding the appointment of vacated positions on City Council DESCRIPTION: Resolution presenting sufficiency and setting ballot title for initiated charter amendments for the November 5 election regarding the appointment of vacated positions on City Council RECOMMENDATION: Staff recommends Council approve a resolution setting a ballot title for an initiated proposed charter amendment regarding the appointment of vacated positions on City Council. SUMMARY: On June 10, 2024, a statement of intent was filed with the City Clerk to circulate a petition regarding proposed amendments to City Charter Article III, Section 28, requiring a supermajority vote of no less than 75% of the remaining council members for the appointment of a vacated position, and if a vote cannot be reached within 30 days, and the vacancy occurs greater than 6 months from any general municipal election, such vacancy shall be referred to a special election for the respective unexpired term, otherwise the position will be held vacant until the next general municipal election. An approved petition began to circulate on June 13, 2024. The charter initiative petition was timely filed on August 7, 2024 and deemed sufficient on August 27, 2024. Per state law and City Charter §45, 46 and 48, Council shall set a ballot title for the proposed amendment at it's next meeting. Charter initiatives must be voted on. The City Clerk will certify the ballot question to the county clerk for the coordinated general election to be held on November 5, 2024. ANALYSIS: From the City Attorney's Office: role sole Council’s City 31-2-210(1)(a), Colo. Stat. Rev. after to Pursuant § receiving certification of the petition is to set a ballot title for the proposed amendment. Colo. Rev. Stat. § 31-11-111(3) provides the statutory considerations for City Council in setting the ballot title, providing that Council (a) “shall consider public confusion that might be caused by misleading titles”; (b) “shall, whenever practicable, avoid titles for which the general understanding of the Page 297 of 307 effect of a “yes” or “no” vote would be unclear”; (c) “shall not conflict with those titles selected for any other measure that will appear on the municipal ballot in the same election”; and (d) “shall correctly and fairly express the true intent and meaning of the measure”. City staff drafted a proposed ballot title, and Petitioner Cathy Naughton proposed a ballot title. These are presented as Option A and Option B on the proposed Resolution. City Council may choose either option (through a Motion such as "I move to approve the Resolution, with Option B ballot title."); or City Council may set a different ballot title altogether after considering this issue and applying the factors above. Petitioner Cathy Naughton provided input on ballot title language initially proposed by staff, regarding the true intent and meaning, and expressed concern that the initial proposed language referred to a special election. In response, the staff-proposed ballot language was revised, and removed "special" from the proposed language. These are the comments provided by Petitioner Cathy Naughton: The true intent and core of the question is to have a larger number of council members supporting the replacement choice. The special election only occurs in one situation. Only if the council cannot decide within 30 days and if there is not a general election within 6 months, then a special election would be required. For example, last year's vacated seat would not have required a special election had they not agreed. Therefore the act of a "special election" is not the intent of the question and shouldn't be included in the title as with the other statement "if there is not a general election within 6 months". Having the "Special Election" in the title implies that a special election will occur in all cases, and that is not the case. While the City of Englewood historically sets ballot questions by ordinance, an ordinance is not appropriate for this measure to set a ballot title, given (a) neither Colo. Rev. Stat. § 31-2-210 nor Englewood Charter or Municipal Code require adoption of an ordinance to set a citizen-initiated charter amendment ballot title, (b) the City's required process under its Charter requires two readings or an ordinance at least 7 days apart and at least 30 days to elapse from publication of second reading, but following this process would not allow the City to meet the state-required deadline for ballot certification, and (c) setting a ballot title does not meet the criteria for an Emergency Ordinance under Charter 41. Therefore, this ballot title is set by Resolution. COUNCIL ACTION REQUESTED: Staff recommends Council approve a resolution setting the ballot title for the proposed charter amendment on the November 5, 2024 ballot. FINANCIAL IMPLICATIONS: Initial cost estimate for a coordinated election on November 5, 2024 with Arapahoe County is $23,567.64 The City Clerk's office has budgeted $40,000 for election expenses in 2024. ATTACHMENTS: Page 298 of 307 Resolution Certificate of Sufficiency Charter initiative statement of intent Cost Estimate Page 299 of 307 1 RESOLUTION NO. _____ SERIES OF 2024 A RESOLUTION SETTING THE BALLOT TITLE FOR A CITIZEN-INIITIATED HOME RULE CHARTER AMENDMENT REGARDING APPOINTMENT OF CITY COUNCIL VACANCIES. WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule Charter (the “Charter”), proposed amendments to the Charter may be submitted to the electors through petitioning City Council at regular or special municipal elections in accordance with Article XX of the Colorado Constitution; and WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the right of the people to petition City Council for a charter amendment, to be submitted to a vote of qualified elections at the next general election if the petition is signed by the requisite number of qualified electors; and WHEREAS, pursuant to Colo. Rev. Stat. § 31-2-210(1)(a), proceedings to amend a home rule charter may be initiated by filing a statement of intent to circulate a petition; and WHEREAS, on the 10th day of June, a statement of intent was filed by Cathy Naughton, Sandy Kettlehut, Jan Weipert, Mike Jones, and Matt Crabtree regarding a Charter amendment to provide for an amended process for filling vacancies on City Council by appointment; and WHEREAS, currently the remaining members of City Council fill vacancies by majority vote until the next municipal general election; and WHEREAS, on August 7, 2024, petitions were filed with the Englewood City Clerk to place a Charter amendment question on the November 5, 2024 election ballot, to require at least 75 percent of remaining Council Members to appoint a vacancy within 30 days, and if it is unable to do so, then to hold a special election if more than six months until the next municipal general election; and WHEREAS, on August 27, 2024, the City Clerk’s office certified to City Council the validity and sufficiency of the petitions submitted; and WHEREAS, pursuant to Colo. Rev. Stat. § 31-2-210(1)(a), City Council’s sole role after receiving certification of the petition is to set a ballot title for the proposed amendment at its next meeting after petition certification, or on September 3, 2024; and WHEREAS, Colo. Rev. Stat. § 31-11-111(3) provides the statutory considerations for City Council in setting the ballot title, providing that Council (a) “shall consider public confusion that might be caused by misleading titles”; (b) “shall, whenever practicable, avoid titles for which the general understanding of the effect of a “yes” or “no” vote would be unclear”; (c) “shall not conflict with those titles selected for Page 300 of 307 2 any other measure that will appear on the municipal ballot in the same election”; and (d) “shall correctly and fairly express the true intent and meaning of the measure”; and WHEREAS, while the City of Englewood historically sets ballot questions by ordinance, an ordinance is not appropriate for this measure to set a ballot title, given (a) neither Colo. Rev. Stat. § 31-2-210 nor Englewood Charter or Municipal Code require adoption of an ordinance to set a citizen-initiated charter amendment ballot title, (b) in order to meet the deadline for ballot certification, the City is unable to follow the required Procedure for Passage of an ordinance set by Charter 40, and (c) setting a ballot title does not meet the criteria for an Emergency Ordinance under Charter 41. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The following ballot question regarding a proposed amendment to the Charter shall be submitted to the registered electors of the City at the election held on Tuesday, November 5, 2024: Ballot Question No. ___ BALLOT TITLE OPTION A (DRAFTED BY STAFF): Charter Amendment Increasing the Number of City Council Votes to Fill a Council Vacancy, Requiring Election if Vacant over 30 Days BALLOT TITLE OPTION B (REQUESTED BY PETITIONER CATHY NAUGHTON): Charter Amendment to Increase the Number of Required Votes by Council when Filling City Council Vacancies To guarantee a broader community consensus for appointments of vacated positions on City Council and to protect the interests of Englewood voters, shall there be an amendment to the City Charter Section 28 requiring a supermajority vote of no less than 75% of the remaining Council Members for the appointment of a vacated position, and if a vote cannot be reached within 30 days, and the vacancy occurs greater than 6 months from any general municipal election, such vacancy shall be referred to a special election for the respective unexpired term, otherwise the position will be held vacant until the next general municipal election? Yes/For the Measure ____ No/Against the Measure ____ Section 2. Any City of Englewood registered elector desiring to protest the proposed ballot title and/or submission clause for this initiated measure may file a written protest in the office of the City Clerk. In order to attempt to meet the November 2024 Arapahoe County Coordinated Election ballot certification deadline, said notice of protest shall be filed no later than 5:00 p.m. on the day immediately following the date of adoption of this Resolution. The notice of protest shall set forth with particularity Page 301 of 307 3 the grounds of the protest. Such protest shall be heard, considered, and resolved by the City Council as soon as practicable. No ballot title and/or submission clause shall be certified on a ballot until after resolution of the protest. This protest procedure is set by Resolution in accordance with Colo. Rev. Stat. § 31-11-111, given the protest procedure established by EMC § 1-8-8 does not apply to ballot titles set by Resolution. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electors of the City of Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary of State. Section 5. If any section, paragraph, clause, or other portion of this Resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Resolution. ADOPTED AND APPROVED this 3RD day of September, 2024. Othoniel Sierra, Mayor Attest: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2024. __________________________ Stephanie Carlile Page 302 of 307 Page 303 of 307 RECEIVED City of Englewood, JUN10 2024 Date:June 10,2024 Office of Ihe City RE:Charter Initiative Statement of Intent to circulate a petition This citizen-initiated charter amendment safeguards the interest of Englewood voters and their right to elect City Councilrepresentation by imposing stricter requirements for the appointment of vacated positions on the Englewood City Council.Additionally,this amendment clari?es eXIsting Englewood law if a vacancy cannot be ?lled by a successful City Council vote within 30 days.Speci?cally,this amendment aims to: 1.Mandates a supermajority vote of at least 75%of the remaining council members for vacancy appointments,replacing the current requirement of a simple majority. 2.Strengthens existing language by requiring that council reach a successful vote on vacancy appointments within 30 days It a successful vote cannot be reached by council within 30 clays,and if the vacancy occurs more than 6 months before any general municipal election,a special election will be held for the respective unexpired term. 3.Prevents a special election from occurring less than 6 months from a general municipal election to ?ll a vacancy Charter sections to be amended with the proposed initiative that relate to this language: -Article III.—Legislative Body,Section no,28:-Vacancies. The text of the proposed Charter amendment to appear on the ballot is as follows: To GUARANTEEA BROADERCOMMUNITYCONSENSUSFOR APPOINTMENTSOF VACATEDPOSITIONS ON CITYCOUNCIL AND TO PROTECT THE INTERESTS0F ENGLEWOODVOTERS,SHALLTHERE BE AN AMENDMENT TO THE CITYCHARTERSECTION28 REQUIRINGA SUPERMAJORITYVOTE OF NO LESS THAN 75%OF THE REMAININGCOUNCILMEMBERSFORTHEAPPOINTMENTOF AVACATED POSITION, AND IF A VOTECANNOTBE REACHEDWITHIN 30 DAYS.AND THE VACANCYOCCURSGREATERTHAN 6 MONTHS FROM ANY GENERALMUNICIPALELECTION,SUCHVACANCYSHALL BE REFERREDTO A SPECIALELECTIONFOR THE RESPECTIVEUNEXPIRED TERM,OTHERWISETHE POSITION WILL BE HELD VACANT UNTILTHE NEXTGENERALMUNICIPALELECTION? It is our intent to submit this amendment to the voters of Englewood at the next regular election,in November 2024. Page 304 of 307 Respectfully signed by following registered electors ofthe City of Englewood in the following districts: 1 Cathy Naugliton,District4 Mik Sandy Kettel ut,District 2 lvllralcree,listrlct1 Jan eipert,District 4 Page 305 of 307 Jurisdiction's Share of Total Election Costs Based On: Total Jurisdiction Active Registered Voters 22,058 ÷ Sum of Active Registered Voters for all Coordinating Entities 1,575,269 = Weighted Population Average (WPA)0.014003 Election Expenses for Coordinated Election Total Cost County Staff Permanent staff overtime compensation (after 9/09/2023) 15,000.00$ Temporary election staff compensation (after 9/09/2023) 25,000.00$ Total 40,000.00$ Election Judges Election Judge training materials 1,000.00$ Election Judge compensation (VSPCs & ballot processing) 500,000.00$ Election Judge communications 300.00$ Total 501,300.00$ Ballot and Envelope Printing (Mail, in-person, test, etc.) Mail Ballot Printing 450,000.00$ Ballot envelopes (outgoing, return and labels) 110,000.00$ Voter instructions, secrey sleeves, inserts 90,000.00$ Ballot shipping fees 20,000.00$ Ballot-on-Demand supplies (card stock, toner, etc) 20,000.00$ Total 690,000.00$ Ballot Printing, Programming & Insertion Vendor onsite election support (3rd party vendor only) -$ Ballot layout and programming (3rd party vendor only) -$ Ballot insertion and mailing fees (3rd party vendor only) 140,000.00$ BOD Ballot Programming (3rd party vendor only) -$ Total 140,000.00$ VSPC Location Costs VSPC set up expenses 5,000.00$ VSPC location rental expenses 2,500.00$ Signage 800.00$ Office Supplies (pens, forms, etc.) 5,000.00$ Electronic equipment for VSPCs purchased/leased 50,000.00$ Vehicle expenses (rentals, mileage etc) 12,000.00$ Ballot and equipment delivery/collection 20,000.00$ Remote connectivity expenses (Wifi) 1,200.00$ Total 96,500.00$ Security Expenses related to Judges and VSPCs Transfer cases and portable ballot boxes -$ Security personnel costs 20,000.00$ CBI background checks for Election Judges/temp staff 10,000.00$ ATTACHMENT A - FINAL SHARED COST INVOICE City of Englewood NOV. 5, 2024 ELECTION COORDINATING COSTS (with TABOR) Page 306 of 307 Total 30,000.00$ Election Notices Statutory notice of election 280.00$ TABOR Notice - printing and production 65,000.00$ Total 65,280.00$ Postage Mail Ballot Postage 75,000.00$ TABOR Notice Postage 35,000.00$ Mail Ballot Undeliverable/Return Postage Due 10,000.00$ Total 120,000.00$ Total Election Expense 1,683,080.00$ x Weighted Population Average (WPA) 0.0140$ Total Due to Arapahoe County 23,567.64$ Page 307 of 307