HomeMy WebLinkAbout2025-06-02 (Regular) Meeting Agenda Packet
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1000 Englewood Pkwy - Council Chambers
Englewood, CO 80110
AGENDA
City Council Regular Meeting
Monday, June 2, 2025 ♦ 6:00 PM
Council Dinner will be available at 5:30 p.m.
To view the meeting, please follow this link to our YouTube live stream link: YouTube
1. Study Session Topic
a. Director of Finance Kevin Engels will be present to review the Monthly Financial Reports.
6:00 p.m. to 6:10 p.m.
Information
Presentation: 5 minutes
Discussion: 5 minutes
1a documents
b. Public Works, Finance and the City Manager's Office, along with Energy Services
Group, will present on the financing for the comprehensive municipal energy project.
6:10 p.m. to 6:30 p.m.
Information and Direction
Presentation: 10 minutes
Discussion: 10 minutes
1b documents
2. Call to Order
3. Pledge of Allegiance
4. Roll Call
5. Consideration of Minutes of Previous Session
a. Minutes of the Regular City Council Meeting of May 19, 2025.
5a documents
6. Recognitions
a. Citizens Planning School Graduates
b. Recognition of Stormwater Coordination Team
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
Page 1 of 191
Englewood City Council Regular Agenda
June 2, 2025
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.
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.
If you'd like to speak virtually, please reach out to the City Clerk's office for a link, the deadline is
Wednesday prior to the meeting by 5pm. You may also sign up in person immediately prior to
the start of the Regular 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
b. Approval of Ordinances on Second Reading.
i. CB 14 - Amendment to the Intergovernmental Agreement with Englewood Public
School District
9bi documents
Staff: Director of Utilities and South Platte Renew Pieter Van Ry and Deputy
Director of Business Solutions and Engineering Sarah Stone
ii. CB 25 - IGA between the City of Englewood and Arapahoe County regarding
shared use of Arapahoe County radio communications network
9bii documents
Staff: Chief of Police David Jackson
iii. CB 28 - IGA with the State of Colorado to support Englewood Police Co-
Responder program (Grant acceptance)
9biii documents
Staff: Chief of Police David Jackson
iv. CB 29 - City Sales Tax Code Update
9biv documents
Staff: Director of Finance Kevin Engels and Revenue and Tax Audit
Supervisor Curt Osborne
c. Resolutions and Motions
i. Motion - Golf for the Disabled Agreement to lease space at Broken Tee Golf
Course
Page 2 of 191
Englewood City Council Regular Agenda
June 2, 2025
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.
9ci documents
Staff: Golf Manager Shannon Buccio
ii. Motion - Change order to the AEC-West contract in the amount of $250,000 for a
total contract not to exceed $320,000
9cii documents
Staff: Chief Building Official Karen Montanez
10. Public Hearing Items
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading
c. Resolutions and Motions
12. General Discussion
a. Mayor's Choice
b. Council Members' Choice
13. City Manager’s Report
14. Adjournment
Page 3 of 191
STUDY SESSION
TO: Mayor and Council
FROM: Kevin Engels
DEPARTMENT: Finance
DATE: June 2, 2025
SUBJECT: March and April 2025 General Fund Monthly Financial Reports
DESCRIPTION:
Director of Finance Kevin Engels will be present to review the Monthly Financial Reports.
RECOMMENDATION:
Staff recommends that Council review the information provided in the monthly financial report
and provide feedback.
PREVIOUS COUNCIL ACTION:
Staff provides monthly financial updates to City Council. During the Study Session discussion,
the Director of Finance will review the April 2025 General Fund financial report that highlights
revenues and expenditures.
SUMMARY:
2025:
Through April 2025, the City of Englewood's General Fund revenues total $23,706,000 which is
33.5% of 2025 budgeted revenues. Year-to-date (YTD) revenues are 892,000 or 3.9% higher
than the same period in 2024. Expenditures YTD are $24,889,000 or 34.2% of the 2025
expenditure budget. Total expenditures YTD are $869,000 or 3.6% higher than 2024.
Any one-time revenues and expenditures have been adjusted as noted.
Page 4 of 191
Sales & Use Tax by area slides are also included in the Appendix of the attached presentation.
ANALYSIS:
Revenue highlights:
Through April 2025, the city has received $7,390,000 in property taxes. Of that total,
$2,565,000 went to the General Fund, $2,224,000 was for EDDA and the rest to debt
service for the Police Building and Parks and Recreation General Obligation (GO)
bonds.
Sales & Use Tax remittances total $14,869,000 and are 33.2% of the fiscal year’s
budgeted revenue; Sales & Use Tax revenue is ($151,000) lower than the same time
last year. Additionally, the 2025 Sales & Use Tax audits and voluntary disclosure
collections amount to $84,000.
Marijuana Sales Tax accounts for $312,000 of the total Sales & Use Tax revenue YTD
and is ($78,000) lower than 2024.
American Rescue Plan Act (ARPA)-the city has been awarded $8,776,000 which was
received in two allocations of $4,338,000 each.
o For 2025, the General Fund still restricts $28,500 of ARPA funds to be used for
homelessness related projects in 2025.
Expenditure highlights:
Across all departments, part of the variance is due to a 2% salary increase for most staff.
IT and Police pay several large contracts in the first few months of the year so they
appear to be trending over budget but that trend will smooth out as we progress through
the year.
The YTD Operating deficit (Operating Revenues over/(under) Operating Expenditures is
($1,183,000), compared to the Amended Budget operating deficit of ($2,000,000). Net transfers
total ($2,289,000) and include a $146,000 transfer in from the Public Improvement Fund for debt
service and transfers out of ($2,435,000) to the Public Improvement Fund for capital projects.
The General Fund – Fund Balance Composition, shows a YTD change in total fund balance of
($3,472,000), which includes the total operating deficit of ($1,183,000) and the net transfer out
of ($2,289,000).
Since 2021 City Council has allocated over $21.4 million from the General Fund for capital
improvement projects.
COUNCIL ACTION REQUESTED:
Staff will review the monthly financial report with Council and welcomes questions and
discussion.
FINANCIAL IMPLICATIONS:
There is no financial impact associated with this action.
CONNECTION TO STRATEGIC PLAN:
Governance: Assist the City to become fiscally accountable, transparent, effective and efficient.
OUTREACH/COMMUNICATIONS:
Monthly financial reports are posted on the City’s website for public viewing.
Page 5 of 191
ATTACHMENTS:
April 2025 General Fund Monthly Financial Report
March 2025 General Fund Monthly Financial Report
Page 6 of 191
April 2025 General Fund Monthly
Financial Report
Presented By: Kevin Engels, Director of Finance
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General Fund Revenues (1 of 2)
•Through April 2025, year-to-date revenues are 33.5% of the total 2025
budget.
•Through April 2024, year-to-date revenues were 32.8% of total 2024
revenues.
•Total Sales and Use Tax Revenue is $14,869,000 in 2025 compared to
$15,020,000 in 2024.
•General Fund revenues exclude one-time items as noted.
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General Fund Revenues (2 of 2)
•2025 – no one-time adjustments •2024 – no one-time adjustments
2025 2024
Revenues Amended Budget Apr-25 % Budget Dec-24 Apr-24 % YTD $ Diff % Diff
Property Tax 6,300,000 2,565,000 40.7%6,344,000 2,493,000 39.3%72,000 2.9%
Specific Ownership Tax 520,000 176,000 33.8%518,000 126,000 24.3%50,000 39.7%
Sales & Use Taxes 43,832,000 14,557,000 33.2%40,840,000 14,630,000 35.8%(73,000) -0.5%
Sales Tax - Marijuana 312,000 1,115,000 390,000 (78,000) -20.0%
Cigarette Tax 100,000 19,000 19.0%121,000 26,000 21.5%(7,000) -26.9%
Franchise Fees 4,195,000 1,232,000 29.4%3,965,000 1,258,000 31.7%(26,000) -2.1%
Hotel/Motel Tax 70,000 19,000 27.1%84,000 22,000 26.2%(3,000) -13.6%
Licenses & Permits 1,652,000 827,000 50.1%1,624,000 592,000 36.5%235,000 39.7%
Intergovernmental Revenue 1,243,000 327,000 26.3%1,417,000 282,000 19.9%45,000 16.0%
Charges for Services 6,195,000 1,537,000 24.8%6,220,000 1,458,000 23.4%79,000 5.4%
Parks, Recreation and Library 3,037,000 472,000 15.5%3,038,000 423,000 13.9%49,000 11.6%
Fines & Forfeitures 367,000 258,000 70.3%556,000 166,000 29.9%92,000 55.4%
Investment Earnings 404,000 348,000 86.1%780,000 73,000 9.4%275,000 376.7%
EMRF Rents 1,975,000 685,000 34.7%1,731,000 584,000 33.7%101,000 17.3%
Miscellaneous 847,000 372,000 43.9%1,219,000 291,000 23.9%81,000 27.8%
Total Revenues 70,737,000 23,706,000 33.5%69,572,000 22,814,000 32.8%892,000 3.9%
One-time Revenues noted below - - - - -
Total Revenues less one-time items 70,737,000 23,706,000 33.5%69,572,000 22,814,000 32.8%892,000 3.9%
2025 vs 2024
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General Fund Expenditures (1 of 2)
•Through April 2025, year-to-date expenditures are 34.2% of the Fiscal Year
2025 budget.
•Through April 2024, year-to-date expenditures were 34.0% of the total Fiscal
Year 2024 expenditures.
•Through April 2025, a net of ($2,289,000) has been transferred out of the
General Fund.
•General Fund expenditures exclude one-time items if noted.
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General Fund Expenditures (2 of 2)
•2025 – no one-time adjustments •2024 – no one-time adjustments
2025 2024
Expenditures Amended Budget Apr-25 % Budget Dec-24 Apr-24 % YTD $ Diff % Diff
Legislation 228,000 106,000 46.5%212,000 90,000 42.5%16,000 17.8%
City Manager 1,057,000 357,000 33.8%1,222,000 336,000 27.5%21,000 6.3%
City Clerk 896,000 229,000 25.6%813,000 222,000 27.3%7,000 3.2%
City Attorney 1,084,000 285,000 26.3%1,081,000 325,000 30.1%(40,000) -12.3%
Court 1,600,000 448,000 28.0%1,363,000 428,000 31.4%20,000 4.7%
Human Resources 982,000 304,000 31.0%1,071,000 354,000 33.1%(50,000) -14.1%
Finance 2,448,000 738,000 30.1%2,103,000 614,000 29.2%124,000 20.2%
Information Technology 5,486,000 2,232,000 40.7%4,980,000 2,172,000 43.6%60,000 2.8%
Community Development 3,889,000 1,116,000 28.7%3,658,000 994,000 27.2%122,000 12.3%
Public Works 13,965,000 4,338,000 31.1%13,929,000 4,430,000 31.8%(92,000) -2.1%
Police 20,248,000 7,124,000 35.2%19,523,000 6,694,000 34.3%430,000 6.4%
Fire and Emergency Management 8,074,000 3,234,000 40.1%7,852,000 3,201,000 40.8%33,000 1.0%
Parks, Recreation and Library 10,725,000 3,511,000 32.7%10,892,000 3,369,000 30.9%142,000 4.2%
Communications 1,144,000 337,000 29.5%1,089,000 309,000 28.4%28,000 9.1%
Debt Service 146,000 71,000 48.6%140,000 75,000 53.6%(4,000) -5.3%
Interdepartmental Programs 765,000 459,000 60.0%779,000 407,000 52.2%52,000 12.8%
Total Expenditures 72,737,000 24,889,000 34.2%70,707,000 24,020,000 34.0%869,000 3.6%
One-time Expenditures noted below - - - - -
Total Expenditures less one-time items 72,737,000 24,889,000 34.2%70,707,000 24,020,000 34.0%869,000 3.6%
2025 vs 2024
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General Fund Expenditures by Category
•The Commodities Expenditure category includes items such as fuel, chemicals and building supplies.
•The Contractual Services Expenditure category includes items such as the fire and emergency services contract, software maintenance agreements and insurance costs.
•The General Fund Capital Expenditure category is primarily CERF vehicle replacement costs and streets maintenance paid for by the dedicated sales tax.
Expenditures Amended Budget Apr-25 % Budget 12/31/2024-Actual Apr-24 % YTD $ Diff % Diff
Personnel 44,598,000 13,151,000 29.5%42,364,000 12,592,000 29.7%559,000 4.4%
Commodities 2,282,000 655,000 28.7%2,681,000 683,000 25.5%(28,000) -4.1%
Contractual Services 22,868,000 10,213,000 44.7%22,702,000 9,879,000 43.5%334,000 3.4%
Capital 2,843,000 799,000 28.1%2,820,000 792,000 28.1%7,000 0.9%
Debt Service 146,000 71,000 48.6%140,000 74,000 52.9%(3,000) -4.1%
Total Expenditures 72,737,000 24,889,000 34.2%70,707,000 24,020,000 34.0%869,000 3.6%
One-time Expenditures - - - - -
Total Expenditures less one-time items 72,737,000 24,889,000 34.2%70,707,000 24,020,000 34.0%869,000 3.6%
2025 vs 202420252024
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General Fund Operating Surplus (Deficit)
•Through April 2025, year-to-date operating expenditures exceeded operating revenues by ($1,183,000).
•Through April 2024, year-to-date operating expenditures exceeded operating revenues by ($1,206,000).
2025 2024
Revenues Amended Budget Apr-25 % Budget 12/31/2024-Actual Apr-24 % YTD $ Diff % Diff
Total Revenues 70,737,000 23,706,000 33.5%69,572,000 22,814,000 32.8%892,000 3.9%
One-time Revenues - - - - -
Total Revenues less one-time items 70,737,000 23,706,000 33.5%69,572,000 22,814,000 32.8%892,000 3.9%
Expenditures Amended Budget Apr-25 % Budget 12/31/2024-Actual Apr-24 % YTD $ Diff % Diff
Total Expenditures 72,737,000 24,889,000 34.2%70,707,000 24,020,000 34.0%869,000 3.6%
One-time Expenditures - - - - -
Total Expenditures less one-time items 72,737,000 24,889,000 34.2%70,707,000 24,020,000 34.0%869,000 3.6%
Operating Surplus (Deficit)(2,000,000) (1,183,000) (1,135,000) (1,206,000)
2025 vs 2024
2025 vs 202420252024
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General Fund Transfers
2025 Transfers into the General Fund
From the Public Improvement Fund for debt service 146,000$
Total transfers into the General Fund 146,000
2025 Transfers out of the General Fund
To the Public Improvement Fund for capital projects (2,435,000)
Total transfers out of the General Fund (2,435,000)$
Net General Fund Transfers (2,289,000)$
Since 2021 City Council has allocated over $21.4 million from the General Fund for capital improvement projects.
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General Fund – Fund Balance Composition
2021 2022 2023
2024 Preliminary
Balances
2025 YTD
Balances
Beginning total fund balance $ 24,936,000 $ 17,045,000 $ 24,160,000 $ 24,841,000 $ 18,890,000
Operating results 3,004,000 7,377,000 4,029,000 (1,135,000) (1,183,000)
Net transferred to capital improvement projects (10,895,000) (262,000) (3,348,000) (4,816,000) (2,289,000)
Net change in fund balance (7,891,000) 7,115,000 681,000 (5,951,000) (3,472,000)
Ending total fund balance 17,045,000$ 24,160,000$ 24,841,000$ 18,890,000$ 15,418,000$
Designated fund balances
TABOR - Restricted (1,800,000) (2,100,000) (2,210,000) (2,210,000) (2,210,000)
LTAR - Committed (95,000) (95,000) (95,000) (95,000) (95,000)
ARPA funding - Restricted for specific projects (404,000) (360,000) (282,000) (55,000) (28,000)
Stadium District refund - Restricted for youth activities - (1,119,000) (502,000) (182,000) (182,000)
Unrestricted Reserve = 16.7% of total estimated revenues (9,258,000) (10,840,000) (11,079,000) (11,630,000) (11,763,000)
Total designated fund balance (11,557,000) (14,514,000) (14,168,000) (14,172,000) (14,278,000)
Unassigned fund balance 5,488,000$ 9,646,000$ 10,673,000$ 4,718,000$ 1,140,000$
$5.5
$9.6 $10.7
$4.7
$1.1
$9.3
$10.8 $11.1
$11.6
$11.8
$0.2
$0.2
$0.1
$0.0
$0.1
$0.1 $0.1
$1.8
$2.1 $2.2
$2.2
$2.2
$0.0
$2.5
$5.0
$7.5
$10.0
$12.5
$15.0
$17.5
$20.0
$22.5
$25.0
2021 2022 2023 2024 2025 YTD
Unassigned fund balance Unrestricted Reserve = 16.7% of total revenues Stadium District refund - Restricted for youth activities
ARPA funding-Restricted LTAR - Committed TABOR - Restricted
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Questions or Comments?
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Appendix
Area Sales Tax Slides
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Sales Tax Area Map
City of Englewood,
Colorado
Sales Tax Area Map
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YTD Sales and Use Tax Collections by Area 2021-2025
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
$2,200,000
$2,400,000
$2,600,000
$2,800,000
$3,000,000
$3,200,000
$3,400,000
$3,600,000
$3,800,000
$4,000,000
$4,200,000
$4,400,000
$4,600,000
$4,800,000
$5,000,000
$5,200,000
$5,400,000
$5,600,000
$5,800,000
$6,000,000
Area 1 Area 2 Area 3 Area 4 Area 5 Area 6 Area 7 Area 8 Area 13 Area 14 Regular Use
2021
2022
2023
2024
2025
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YTD Sales and Use Tax Collections by Area
Business
Area
$ YTD Variance
CY vs PY
% YTD
Variance
CY vs PY
YTD New
Businesses
YTD Closed
Businesses
YTD Net
New
(Closed)
Businesses Comments
Area 1 (9,780)$ -0.82%15 (14) 1
Area 2 (98,381) -9.42%17 (16) 1
Area 3 (62,450) -4.71%16 (13) 3
Area 4 (125,352) -25.45%2 (2) -
Area 5 (61,711) -10.39%2 (8) (6)
Area 6 (92,093) -5.05%38 (44) (6)
Area 7 (143,279) -7.41%111 (115) (4)
This reporting area contains opened and closed businesses that are not within the city limits but have brick
and morter stores in Colorado.
Area 8 (6,129) -0.74%2 (2) -
Area 13 36,261 26.72%- - -
Area 14 228,381 4.66%132 (126) 6 This area contains businesses that only sell to residents remotely.
Regular
Use (438,464) -29.86%N/A N/A N/A
Use tax revenue fluctuates depending on the timing of when businesses replace large ticket items such as
operating machinery and equipment. If items are purchased outside of Englewood at a local tax rate less
than 3.8%, then the tax payer is liable for the difference between the local tax paid and 3.8% tax due.
Totals (772,999)$ -4.91%335 (340) (5)
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Area 1 Sales Tax
CityCenter (Formerly Cinderella City)
$1,201,273 $1,167,773 $1,188,880 $1,186,852 $1,177,073
$0
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
2021 2022 2023 2024 2025
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Area 2 Sales Tax
South of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman
$878,567
$972,312 $974,863
$1,044,404
$946,023
$0
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
2021 2022 2023 2024 2025
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Area 3 Sales Tax
South of Jefferson Ave/US 285 between Bannock & Sherman - north side of Belleview between Logan
& Delaware
$1,037,783
$1,150,229
$1,319,406 $1,326,640
$1,264,190
$0
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
2021 2022 2023 2024 2025
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Area 4 Sales Tax
Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City
Limits)
$371,419
$459,472
$552,067
$492,623
$367,271
$0
$125,000
$250,000
$375,000
$500,000
$625,000
$750,000
2021 2022 2023 2024 2025
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Area 5 Sales Tax
Federal and Belleview west of Santa Fe Drive
$638,138 $649,157 $643,837
$593,889
$532,178
$0
$125,000
$250,000
$375,000
$500,000
$625,000
$750,000
2021 2022 2023 2024 2025
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Area 6 Sales Tax
All other City locations
$1,198,904
$1,604,859
$1,804,907 $1,823,593
$1,731,500
$0
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
$1,750,000
$2,000,000
2021 2022 2023 2024 2025
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Area 7 Sales Tax
Outside City limits but in-state
$1,273,921
$1,598,996
$1,942,952 $1,933,846
$1,790,566
$0
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
$1,750,000
$2,000,000
2021 2022 2023 2024 2025
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Area 8 Sales Tax
Public Utilities
$565,465
$827,575
$950,493
$823,301 $817,172
$0
$125,000
$250,000
$375,000
$500,000
$625,000
$750,000
$875,000
$1,000,000
2021 2022 2023 2024 2025
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Area 13 Sales Tax
Hampden Avenue (US 285) and University Boulevard
$139,777
$113,946
$140,235 $135,690
$171,950
$0
$25,000
$50,000
$75,000
$100,000
$125,000
$150,000
$175,000
$200,000
2021 2022 2023 2024 2025
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Area 14 Sales Tax
Remote Sellers
$3,444,304
$4,367,522
$4,623,557
$4,902,606
$5,130,987
$0
$750,000
$1,500,000
$2,250,000
$3,000,000
$3,750,000
$4,500,000
$5,250,000
2021 2022 2023 2024 2025
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Regular Use Tax
$830,442 $847,486
$730,100
$1,468,307
$1,029,843
$0
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
2021 2022 2023 2024 2025
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March 2025 General Fund Monthly
Financial Report
Presented By: Kevin Engels, Director of Finance
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General Fund Revenues (1 of 2)
•Through March 2025, year-to-date revenues are 24.9% of the total 2025
budget.
•Through March 2024, year-to-date revenues were 23.8% of total 2024
revenues.
•Total Sales and Use Tax Revenue is $10,919,000 in 2025 compared to
$11,054,000 in 2024.
•General Fund revenues exclude one-time items as noted.
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General Fund Revenues (2 of 2)
•2025 –no one-time adjustments •2024 –no one-time adjustments
2025 2024
Revenues Amended Budget Mar-25 % Budget Dec-24 Mar-24 % YTD $ Diff % Diff
Property Tax 6,300,000 2,088,000 33.1%6,344,000 1,564,000 24.7%524,000 33.5%
Specific Ownership Tax 520,000 113,000 21.7%518,000 89,000 17.2%24,000 27.0%
Sales & Use Taxes 43,832,000 10,688,000 24.4%40,837,000 10,763,000 26.4%(75,000) -0.7%
Sales Tax - Marijuana 231,000 1,115,000 291,000 (60,000) -20.6%
Cigarette Tax 100,000 14,000 14.0%121,000 22,000 18.2%(8,000) -36.4%
Franchise Fees 4,195,000 935,000 22.3%3,952,000 940,000 23.8%(5,000) -0.5%
Hotel/Motel Tax 70,000 13,000 18.6%84,000 15,000 17.9%(2,000) -13.3%
Licenses & Permits 1,652,000 607,000 36.7%2,013,000 439,000 21.8%168,000 38.3%
Intergovernmental Revenue 1,243,000 199,000 16.0%1,417,000 186,000 13.1%13,000 7.0%
Charges for Services 6,195,000 1,166,000 18.8%5,953,000 1,054,000 17.7%112,000 10.6%
Parks, Recreation and Library 3,037,000 359,000 11.8%3,038,000 306,000 10.1%53,000 17.3%
Fines & Forfeitures 367,000 183,000 49.9%522,000 118,000 22.6%65,000 55.1%
Investment Earnings 404,000 259,000 64.1%780,000 116,000 14.9%143,000 123.3%
EMRF Rents 1,975,000 444,000 22.5%1,731,000 429,000 24.8%15,000 3.5%
Miscellaneous 798,000 268,000 33.6%1,216,000 237,000 19.5%31,000 13.1%
Total Revenues 70,688,000 17,567,000 24.9%69,641,000 16,569,000 23.8%998,000 6.0%
One-time Revenues noted below - - - - -
Total Revenues less one-time items 70,688,000 17,567,000 24.9%69,641,000 16,569,000 23.8%998,000 6.0%
2025 vs 2024
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General Fund Expenditures (1 of 2)
•Through March 2025, year-to-date expenditures are 27.6% of the Fiscal Year
2025 budget.
•Through March 2024, year-to-date expenditures were 26.6% of the total
Fiscal Year 2024 expenditures.
•Through March 2025, a net of ($2,289,000) has been transferred out of the
General Fund.
•General Fund expenditures exclude one-time items if noted.
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General Fund Expenditures (2 of 2)
•2025 –no one-time adjustments •2024 –no one-time adjustments
2025 2024
Expenditures Amended Budget Mar-25 % Budget Dec-24 Mar-24 % YTD $ Diff % Diff
Legislation 228,000 97,000 42.5%212,000 81,000 38.2%16,000 19.8%
City Manager 1,057,000 255,000 24.1%1,223,000 251,000 20.5%4,000 1.6%
City Clerk 896,000 167,000 18.6%813,000 163,000 20.0%4,000 2.5%
City Attorney 1,084,000 221,000 20.4%1,081,000 249,000 23.0%(28,000) -11.2%
Court 1,600,000 337,000 21.1%1,363,000 320,000 23.5%17,000 5.3%
Human Resources 982,000 232,000 23.6%1,071,000 262,000 24.5%(30,000) -11.5%
Finance 2,448,000 571,000 23.3%2,103,000 462,000 22.0%109,000 23.6%
Information Technology 5,486,000 1,833,000 33.4%4,949,000 1,735,000 35.1%98,000 5.6%
Community Development 3,889,000 846,000 21.8%3,658,000 739,000 20.2%107,000 14.5%
Public Works 13,965,000 3,679,000 26.3%13,929,000 3,275,000 23.5%404,000 12.3%
Police 20,248,000 5,773,000 28.5%19,523,000 5,332,000 27.3%441,000 8.3%
Fire and Emergency Management 8,074,000 2,605,000 32.3%7,852,000 2,561,000 32.6%44,000 1.7%
Parks, Recreation and Library 10,725,000 2,798,000 26.1%10,892,000 2,723,000 25.0%75,000 2.8%
Communications 1,144,000 216,000 18.9%1,089,000 236,000 21.7%(20,000) -8.5%
Debt Service 146,000 38,000 26.0%140,000 39,000 27.9%(1,000) -2.6%
Interdepartmental Programs 765,000 393,000 51.4%778,000 383,000 49.2%10,000 2.6%
Total Expenditures 72,737,000 20,061,000 27.6%70,676,000 18,811,000 26.6%1,250,000 6.6%
One-time Expenditures noted below - - - - -
Total Expenditures less one-time items 72,737,000 20,061,000 27.6%70,676,000 18,811,000 26.6%1,250,000 6.6%
2025 vs 2024
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General Fund Expenditures by Category
•The Commodities Expenditure category includes items such as fuel, chemicals and building supplies.
•The Contractual Services Expenditure category includes items such as the fire and emergency services contract, software maintenance agreements and insurance costs.
•The General Fund Capital Expenditure category is primarily CERF vehicle replacement costs and streets maintenance paid for by the dedicated sales tax.
Expenditures Amended Budget Mar-25 % Budget 12/31/2024-Actual Mar-24 % YTD $ Diff % Diff
Personnel 44,598,000 9,899,000 22.2%42,364,000 9,499,000 22.4%400,000 4.2%
Commodities 2,282,000 460,000 20.2%2,681,000 395,000 14.7%65,000 16.5%
Contractual Services 22,868,000 8,867,000 38.8%22,671,000 8,086,000 35.7%781,000 9.7%
Capital 2,843,000 797,000 28.0%2,820,000 792,000 28.1%5,000 0.6%
Debt Service 146,000 38,000 26.0%140,000 39,000 27.9%(1,000) -2.6%
Total Expenditures 72,737,000 20,061,000 27.6%70,676,000 18,811,000 26.6%1,250,000 6.6%
One-time Expenditures - - - - -
Total Expenditures less one-time items 72,737,000 20,061,000 27.6%70,676,000 18,811,000 26.6%1,250,000 6.6%
2025 vs 202420252024
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General Fund Operating Surplus (Deficit)
•Through March 2025, year-to-date operating expenditures exceeded operating revenues by ($2,494,000).
•Through March 2024, year-to-date operating expenditures exceeded operating revenues by ($2,242,000).
2025 2024
Revenues Amended Budget Mar-25 % Budget 12/31/2024-Actual Mar-24 % YTD $ Diff % Diff
Total Revenues 70,688,000 17,567,000 24.9%69,641,000 16,569,000 23.8%998,000 6.0%
One-time Revenues - - - - -
Total Revenues less one-time items 70,688,000 17,567,000 24.9%69,641,000 16,569,000 23.8%998,000 6.0%
Expenditures Amended Budget Mar-25 % Budget 12/31/2024-Actual Mar-24 % YTD $ Diff % Diff
Total Expenditures 72,737,000 20,061,000 27.6%70,676,000 18,811,000 26.6%1,250,000 6.6%
One-time Expenditures - - - - -
Total Expenditures less one-time items 72,737,000 20,061,000 27.6%70,676,000 18,811,000 26.6%1,250,000 6.6%
Operating Surplus (Deficit)(2,049,000) (2,494,000) (1,035,000) (2,242,000)
2025 vs 2024
2025 vs 202420252024
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General Fund Transfers
2025 Transfers into the General Fund
From the Public Improvement Fund for debt service 146,000$
Total transfers into the General Fund 146,000
2025 Transfers out of the General Fund
To the Public Improvement Fund for capital projects (2,435,000)
Total transfers out of the General Fund (2,435,000)$
Net General Fund Transfers (2,289,000)$
Since 2021 City Council has allocated over $21.4 million from the General Fund for capital improvement projects.
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General Fund –Fund Balance Composition
2021 2022 2023
2024 Preliminary
Balances
2025 YTD
Balances
Beginning total fund balance $ 24,936,000 $ 17,045,000 $ 24,160,000 $ 24,841,000 $ 18,990,000
Operating results 3,004,000 7,377,000 4,029,000 (1,035,000) (2,494,000)
Net transferred to capital improvement projects (10,895,000) (262,000) (3,348,000) (4,816,000) (2,289,000)
Net change in fund balance (7,891,000) 7,115,000 681,000 (5,851,000) (4,783,000)
Ending total fund balance 17,045,000$ 24,160,000$ 24,841,000$ 18,990,000$ 14,207,000$
Designated fund balance
TABOR - Restricted (1,800,000) (2,100,000) (2,210,000) (2,210,000) (2,210,000)
LTAR - Committed (95,000) (95,000) (95,000) (95,000) (95,000)
ARPA funding - Restricted for specific projects (404,000) (360,000) (282,000) (55,000) (28,500)
Stadium District refund - Restricted for youth activities - (1,119,000) (502,000) (182,000) (182,000)
Unrestricted Reserve = 16.7% of total estimated revenues (9,258,000) (10,840,000) (11,079,000) (11,630,000) (11,588,000)
Total designated fund balance (11,557,000) (14,514,000) (14,168,000) (14,172,000) (14,103,500)
Unassigned fund balance 5,488,000$ 9,646,000$ 10,673,000$ 4,818,000$ 103,500$
$5.5
$9.6 $10.7
$4.8
$0.1
$9.3
$10.8 $11.1
$11.6
$11.6
$0.2
$0.2
$0.1
$0.0
$0.1
$0.1 $0.1
$1.8
$2.1 $2.2
$2.2
$2.2
$0.0
$2.5
$5.0
$7.5
$10.0
$12.5
$15.0
$17.5
$20.0
$22.5
$25.0
2021 2022 2023 2024 2025 YTD
Unassigned fund balance Unrestricted Reserve = 16.7% of total revenues Stadium District refund - Restricted for youth activities
ARPA funding-Restricted LTAR - Committed TABOR - Restricted
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Questions or Comments?
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Appendix
Area Sales Tax Slides
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Sales Tax Area Map
City of Englewood,
Colorado
Sales Tax Area Map
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YTD Sales and Use Tax Collections by Area 2021-2025
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
$1,100,000
$1,200,000
$1,300,000
$1,400,000
$1,500,000
$1,600,000
$1,700,000
$1,800,000
$1,900,000
$2,000,000
$2,100,000
$2,200,000
$2,300,000
$2,400,000
$2,500,000
$2,600,000
$2,700,000
$2,800,000
$2,900,000
$3,000,000
$3,100,000
$3,200,000
$3,300,000
$3,400,000
$3,500,000
$3,600,000
$3,700,000
$3,800,000
$3,900,000
$4,000,000
Area 1 Area 2 Area 3 Area 4 Area 5 Area 6 Area 7 Area 8 Area 13 Area 14 Regular Use
2021
2022
2023
2024
2025
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YTD Sales and Use Tax Collections by Area
Business
Area
$ YTD Variance
CY vs PY
% YTD
Variance CY
vs PY
YTD New
Businesses
YTD Closed
Businesses
YTD Net New
(Closed)
Businesses Comments
Area 1 $ 3,075 0.35%12 (9)3
Area 2 (77,411)-9.99%14 (12)2
Area 3 (16,197)-1.64%10 (12)(2)
Area 4 (2,515)-0.72%2 (2)-
Area 5 (51,219)-11.23%8 (1)7
Area 6 (87,143)-6.60%31 (27)4
Area 7 (73,709)-5.29%77 (81)(4)
This reporting area contains opened and closed businesses that are not within the city limits but have brick and morter
stores in Colorado.
Area 8 10,292 1.62%2 (1)1
Area 13 23,827 22.29%---
Area 14 153,140 4.28%101 (98)3 This area contains businesses that only sell to residents remotely.
Regular Use 128,118 20.08%N/A N/A N/A
Use tax revenue fluctuates depending on the timing of when businesses replace large ticket items such as operating
machinery and equipment. If items are purchased outside of Englewood at a local tax rate less than 3.8%, then the tax
payer is liable for the difference between the local tax paid and 3.8% tax due.
Totals $ 10,258 0.09%257 (243)14
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Area 1 Sales Tax
CityCenter (Formerly Cinderella City)
$871,006 $879,010 $887,082 $871,034 $874,109
$0
$125,000
$250,000
$375,000
$500,000
$625,000
$750,000
$875,000
$1,000,000
2021 2022 2023 2024 2025
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Area 2 Sales Tax
South of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman
$623,008
$697,427
$762,903 $774,689
$697,278
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2021 2022 2023 2024 2025
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Area 3 Sales Tax
South of Jefferson Ave/US 285 between Bannock & Sherman -north side of Belleview between Logan
& Delaware
$769,366
$858,979
$934,155
$985,336 $969,139
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
2021 2022 2023 2024 2025Pa
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Area 4 Sales Tax
Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City
Limits)
$255,858
$332,184
$398,064
$349,637 $347,122
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2021 2022 2023 2024 2025
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Area 5 Sales Tax
Federal and Belleview west of Santa Fe Drive
$558,305
$491,510 $487,064
$455,969
$404,750
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2021 2022 2023 2024 2025
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Area 6 Sales Tax
All other City locations
$842,317
$1,104,078
$1,233,384
$1,319,468
$1,232,324
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
2021 2022 2023 2024 2025
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Area 7 Sales Tax
Outside City limits but in-state
$939,926
$1,069,996
$1,402,404 $1,392,557
$1,318,849
$0
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
2021 2022 2023 2024 2025
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Area 8 Sales Tax
Public Utilities
$425,971
$634,001
$743,353
$636,290 $646,582
$0
$125,000
$250,000
$375,000
$500,000
$625,000
$750,000
2021 2022 2023 2024 2025
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Area 13 Sales Tax
Hampden Avenue (US 285) and University Boulevard
$109,999
$88,136
$110,825 $106,917
$130,744
$0
$25,000
$50,000
$75,000
$100,000
$125,000
$150,000
2021 2022 2023 2024 2025
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Area 14 Sales Tax
Remote Sellers
$2,541,280
$3,298,697 $3,271,286
$3,573,895
$3,727,035
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
2021 2022 2023 2024 2025
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Regular Use Tax
$641,049 $621,793
$561,696
$638,113
$766,231
$0
$75,000
$150,000
$225,000
$300,000
$375,000
$450,000
$525,000
$600,000
$675,000
$750,000
2021 2022 2023 2024 2025
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STUDY SESSION
TO: Mayor and Council
FROM: Kevin Engels, Melissa Englund, Ron Thornton, Victor Rachael
DEPARTMENT: City Manager's Office, Finance, Public Works
DATE: June 2, 2025
SUBJECT: Municipal Energy Project Financing Discussion
DESCRIPTION:
Presentation by Public Works, Finance and the City Manager's Office along with the city's
contractor, Energy Services Group (formerly Yearout Energy), regarding the financing for the
comprehensive municipal energy project.
RECOMMENDATION:
Staff recommends that Council consider and provide guidance on the proposed project
financing plan.
PREVIOUS COUNCIL ACTION:
May 2, 2022: City Council approved CB 25 -- Ordinance approving a Memorandum of
Understanding between the Colorado Energy Office and the City of Englewood to
provide contract services for its Energy Contracting Program;
March 4, 2024: Energy Services Group (formerly dba Yearout Energy) study session
with City Council providing a project update on the Energy Performance Contract.
July 22, 2024: Energy Services Group study session providing city council project
update and financing discussion.
August 26, 2024: Council approves $3,450,000 for 2025 budget to go towards energy
performance implementation.
SUMMARY:
The Public Works, Finance and City Manager's Departments, along with the city contractor,
Energy Systems Group (ESG), will present council with the proposed financing for the municipal
energy project. This project has been underway since 2023 and tonight we are discussing the
financing piece of the project funding. The other funding sources and uses are already included
in the 2025 budget.
This project will make necessary improvements to outdated infrastructure and provide long-term
energy cost savings.
ANALYSIS:
This project was initiated to address much needed improvements to vital infrastructure and
secure long-term cost savings. As presented during the 2025 budget process, much of the
equipment being replaced is antiquated and past it's useful life and in need of replacement.
Page 57 of 191
Total project funding:
Project Funding Sources
City Capital Contribution $ 2,500,000
City ARPA Allocation $ 200,000
State Electrification Grant $ 250,000
Net Financing Available* $ 3,660,432
Total Project Funding $ 6,610,432
*Total Financing $ 3,911,611
Less Financing Costs $ (251,179)
Net Financing Available $ 3,660,432
Post Implementation Reimbursements
Inflation Reduction Act $ 547,000
Utility Incentives $ 56,000
Financing portion of the project funding:
Approximately $3,912,000 in financing for the project is being requested.
The proposed financing will be in the form of a Tax-Exempt Lease Purchase (TELP)
which is an industry standard type of financing for these projects. Since we are a
municipality, IRS regulations allow the City to issue the financing as tax-exempt to
investors. The tax-exempt terms typically attract a wider range of investors resulting in
more competitive pricing for the City versus other financing options.
Approximately $2,200,000 of the proposed improvements will be made to the Malley
Senior Center which is being proposed as security for the financing.
COUNCIL ACTION REQUESTED:
Staff recommends that Council consider and provide guidance on the current project financing
plan.
FINANCIAL IMPLICATIONS:
Should Council agree to move forward, the financing ordinance will be brought forward on June
23rd for first reading and will include specific maximum financing amounts and maximum
interest rates that will be accepted from bidders.
CONNECTION TO STRATEGIC PLAN:
Outcome: Sustainability
Goal: Energy
Project: Work with the Colorado Energy Office to conduct an Energy Performance Audit on
major city facilities.
Project: Break ground for solar carports at Broken Tee Golf Course.
Page 58 of 191
Metric: Percentage reduction in energy use in city-owned, commercial and residential buildings.
Metric: Percent of kWh from renewable energy used by city-owned buildings.
Overall, the project connects to all Strategic Plan Outcome Areas:
Infrastructure: Proactive and Cost-Effective replacement of End of Useful Life
Equipment; Facility Resilience against power outages
Safety: Facility Resilience against power outages
Economy: Creating local jobs and investment in Energy and Infrastructure
Governance: Responsible Stewardship of Taxpayer dollars and protection of City Assets
through effective investments in efficiency
Community Engagement: Public facing renewable energy projects, Facility Resilience,
Public Demonstration of viable, fiscally responsible energy efficiency projects
Community Wellbeing: Facility Resilience, Indoor Air Quality Enhancements, and
Greenhouse Gas Emissions reductions
Sustainability: Utility consumption reductions, Facility Resilience, Greenhouse Gas
Emissions reductions
OUTREACH/COMMUNICATIONS:
Several departments have been continuously consulted in this project, including the City
Manager's Office; Public Works Department; Utilities Department; and the Parks, Recreation,
Library, and Golf Department. Resident groups – such as the Planning and Zoning Commission
and Budget Advisory Committee – have been consulted at key parts throughout the project.
ATTACHMENTS:
Municipal Energy Project Financing
Page 59 of 191
Energy Savings Project-Financing
Presented By: Mel Englund, Sustainability Program Manager
Victor Rachael, Director of Public Works
Kevin Engels, Director of Finance
Niffy Ovuworie, Consultant with Energy Services Group
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Project Overview
LED Lighting Building
Envelope
Water
Conservation Solar PV HVAC
Upgrades EBCx / BAS Destrat Fans
Utility
Management
Civic Center
Recreation Center
Malley Senior Center
Service Center
Pirate's Cove
Broken Tee Clubhouse
Broken Tee Maintenance / Misc
Jefferson Fire Station
Acoma Fire Station
Fox Street Annex
Englewood Police HQ
Charles Allen WTP
Site
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Project Funding - Estimates
*KeyAssumptions:
•20YearFinance Term
•4.4%Interest
•4% UtilityCostEscalation
•9% Natural GasEscalation
1 CapitalisedInterestand LenderCostof Issuance
2 TotalProjectandFinance CostlessGrantsandCapitalContribution
3 ImmediateAllocationfor Construction$2.95M
4 Post Implementation Reimbursements
$ 6,610,432TotalProjectCost
$ 251,179EstimatedFinance Cost
1
$ 200,000ARPA Funding
3
$ 250,000Electrification Grant
3
$ 2,500,000Capital Contribution
3
$ 3,911,611Net Financed Amount 2
$ 547,000Inflation Reduction Act
4
$ 56,000Utility Incentives
4
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Example Cashflow Analysis Pro Forma
General Inputs Annual Costs
Length of Analysis 20 Years Electricity Natural Gas
Water &
Sewer O&M M&V
Turn-Key Project Cost $6,610,432 7.660% 7.660% 4.000% 4.000% 4.000%
Capital Contribution $2,500,000 Year 1 $105,758 $31,509 $4,959 $214 ($16,537)$58,160 $184,063 $3,911,611 ($298,110) ($172,111) ($11,952) ($184,062)$3,899,659 $1
ARPA and HEEHA $450,000 Year 2 $113,859 $33,923 $5,157 $222 ($17,198)$546,921 $682,884 $3,899,659 ($298,110) ($171,585) ($511,299) ($682,883)$3,388,361 $1
Capitalized Interest (13 Month Construction Period) $174,481 Year 3 $122,581 $36,521 $5,363 $231 ($17,886)$0 $146,810 $3,388,361 ($298,110) ($149,088)$2,278 ($146,809)$3,390,639 $1
Loan Origination | Lender Fees (2% of Loan Amount) $76,698 Year 4 $131,971 $39,319 $5,578 $240 $0 $0 $177,108 $3,390,639 ($298,110) ($149,188) ($27,919) ($177,107)$3,362,719 $1
Net Financed Amount $3,911,611 Year 5 $142,080 $42,330 $5,801 $250 $0 $0 $190,461 $3,362,719 ($298,110) ($147,960) ($42,501) ($190,460)$3,320,218 $1
Type of Amortization Savings Year 6 $152,963 $45,573 $6,033 $260 $0 $0 $204,829 $3,320,218 ($298,110) ($146,090) ($58,739) ($204,828)$3,261,478 $1
Finance Term 20 Years Year 7 $164,680 $49,064 $6,274 $270 $0 $0 $220,288 $3,261,478 ($298,110) ($143,505) ($76,783) ($220,287)$3,184,695 $1
Annual Interest Rate 4.400% Year 8 $177,294 $52,822 $6,525 $281 $0 $0 $236,923 $3,184,695 ($298,110) ($140,127) ($96,796) ($236,922)$3,087,899 $1
Year 9 $190,875 $56,868 $6,786 $292 $0 $0 $254,822 $3,087,899 ($298,110) ($135,868) ($118,955) ($254,821)$2,968,944 $1
Estimated Incentives Year 10 $205,496 $61,224 $7,058 $304 $0 $0 $274,082 $2,968,944 ($298,110) ($130,634) ($143,449) ($274,081)$2,825,495 $1
Estimated Utility Rebate $58,160 Year 11 $221,237 $65,914 $7,340 $316 $0 $0 $294,808 $2,825,495 ($298,110) ($124,322) ($170,486) ($294,807)$2,655,009 $1
Estimated Inflation Reducation Act (IRA) $546,921 Year 12 $238,184 $70,963 $7,634 $329 $0 $0 $317,110 $2,655,009 ($298,110) ($116,820) ($200,289) ($317,109)$2,454,720 $1
Other Estimated Incentives Year 13 $256,429 $76,399 $7,939 $342 $0 $0 $341,109 $2,454,720 ($298,110) ($108,008) ($233,101) ($341,108)$2,221,618 $1
Year 14 $276,071 $82,251 $8,257 $356 $0 $0 $366,935 $2,221,618 ($298,110) ($97,751) ($269,184) ($366,934)$1,952,435 $1
Measurement & Verification Year 15 $297,218 $88,551 $8,587 $370 $0 $0 $394,727 $1,952,435 ($298,110) ($85,907) ($308,820) ($394,726)$1,643,615 $1
Year 1 M&V Fee $16,537 Year 16 $319,985 $95,335 $8,931 $385 $0 $0 $424,635 $1,643,615 ($298,110) ($72,319) ($352,316) ($424,634)$1,291,299 $1
M&V Duration 3 Years Year 17 $344,496 $102,637 $9,288 $400 $0 $0 $456,821 $1,291,299 ($298,110) ($56,817) ($400,004) ($456,820)$891,295 $1
Year 18 $370,885 $110,499 $9,659 $416 $0 $0 $491,459 $891,295 ($298,110) ($39,217) ($452,242) ($491,458)$439,053 $1
Annual Capital Contribution Year 19 $399,294 $118,963 $10,046 $433 $0 $0 $528,736 $439,053 ($298,110) ($19,318) ($439,053) ($458,370)$0 $70,366
Year 1 Annual Capital Contribution -$ Year 20 $429,880 $128,076 $10,447 $450 $0 $0 $568,854 $0 $0 $0 $0 $0 $0 $568,854
Annual
Escalation -->
Amortization ScheduleTotal Annual
Savings Less
Costs Total
Payment
Annual Savings
Estimated
Incentives Annual Cash
Flow
Starting
Balance
Scheduled
Level
Payment
Interest Principal
Ending
Balance
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Energy Savings Project-Proposed Financing 1 of 2
•Approximately $3,912,000 in financing for the project is being
requested.
•The financing term is proposed to be 20 years and will match the
average useful life of the equipment being financed.
•The proposed financing will be in the form of a Tax-Exempt Lease
Purchase (TELP) which is an industry standard type of financing for
these projects. Since we are a municipality, IRS regulations allow
the City to issue the financing as tax-exempt to investors. The tax-
exempt terms typically attract a wider range of investors resulting
in more competitive pricing for the City versus other financing
options.
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Energy Savings Project-Proposed Financing 2 of 2
•Approximately $2,200,000 of the proposed improvements will be
made to the Malley Senior Center. Our bond counsel and financial
advisors recommend that we use an existing facility as security for
the financing. Using an existing facility will typically allow the city
to require more favorable financing terms so, we are proposing to
use the Malley Senior Center.
•Should Council agree to move forward, the financing ordinance will
be brought forward on June 23rd for first reading and will include
specific maximum financing amounts and maximum interest rates
that will be accepted from bidders.
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Questions and/or Comments
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MINUTES
City Council Regular Meeting
Monday, May 19, 2025
1000 Englewood Parkway - 2nd Floor Council Chambers
6:00 PM
1 Study Session Topic
a) City Manager Shawn Lewis and Community Development Director Brad Power
provided council with a high-level overview of the development of a
revitalization framework of the South Broadway corridor, from the intersection
of Jefferson to the intersection of Belleview.
The meeting recessed at 6:56 p.m. for a break.
The meeting reconvened at 7:04 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 7:04 p.m.
3 Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Sierra
4 Roll Call
COUNCIL PRESENT: Mayor Othoniel Sierra
Mayor Pro Tem Joe Anderson
Council Member Steve Ward
Council Member Chelsea Nunnenkamp
Council Member Rita Russell
Council Member Tena Prange
Council Member Kim Wright
COUNCIL ABSENT: None
STAFF PRESENT: City Manager Lewis
City Attorney Niles
Senior Deputy City Clerk McKinnon
Deputy City Clerk Dosal
Deputy City Manager Dodd
Chief of Police Jackson
Page 1 of 10
Draft
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City Council Regular
May 19, 2025
Deputy Chief of Police Fender
Director of South Platte Renew and Utilities Van Ry
Director of Finance Engels
Director of Communications Harguth
Director of Community Development Power
Director of Public Works Rachael
Director of Parks, Recreation, Library and Golf Underhill
Deputy Director of Business Solutions and Engineering Stone
Revenue and Tax Audit Supervisor Osborn, Finance
Open Space Manager Torres, Parks and Recreation
Capital Project Manager Olberding, Parks, Recreation, Library and Golf
Procurement and Contracts Manager Peepgrass, Finance
Golf Manager Buccio, Parks, Recreation, Library and Golf
Golf Course Superintendent Stumpff, Parks, Recreation, Library and Golf
Strategist Arnce, Communications
Audio Visual Engineer Hessling, Information Technology
Officer Caggiano. Police Department
5 Consideration of Minutes of Previous Session
a) Minutes of the Regular City Council Meeting of May 5, 2025.
Moved by Council Member Joe Anderson
Seconded by Council Member Tena Prange
APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF MAY 5, 2025.
For Against Abstained
Chelsea Nunnenkamp x
Rita Russell x
Othoniel Sierra x
Joe Anderson (Moved By) x
Tena Prange (Seconded By) x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
6 Recognitions
a) The 2025 All-America City Finalist recognition was postponed to a later date.
7 Appointments, Communications and Proclamations
a) Resolution appointing members to various boards, commissions, and
committees.
Page 2 of 10
Draft
Page 68 of 191
City Council Regular
May 19, 2025
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Tena Prange
RESOLUTION NO. 9, SERIES OF 2025
A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS
AND COMMITTEES FOR THE CITY OF ENGLEWOOD AS AMENDED,
WITHOUT ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
APPOINTMENTS.
For Against Abstained
Chelsea Nunnenkamp (Moved
By)
x
Rita Russell x
Othoniel Sierra x
Joe Anderson x
Tena Prange (Seconded By) x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
Moved by Council Member Joe Anderson
Seconded by Council Member Tena Prange
RESOLUTION NO. 10, SERIES OF 2025
A RESOLUTION APPOINTING MEMBERS TO THE ENGLEWOOD
DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF
ENGLEWOOD.
For Against Abstained
Chelsea Nunnenkamp x
Rita Russell x
Othoniel Sierra x
Joe Anderson (Moved By) x
Tena Prange (Seconded By) x
Kim Wright x
Steven Ward x
6 1 0
Motion CARRIED.
8 Recognition of Public Comment
Page 3 of 10
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City Council Regular
May 19, 2025
a) Sara Odneal, an Englewood resident, addressed City Council.
b) Gary Kozacek, an Englewood resident, addressed City Council.
c) Kathleen Baily, an Englewood resident, addressed City Council.
d) Rebecca Krammer, an Englewood resident, addressed City Council.
e) Regan Benson, a Denver resident, addressed City Council.
f) Ida May Nicholl, an Englewood resident, addressed Council.
g) David Wang, an Englewood resident, addressed Council.
Mayor Sierra responded to Public Comment.
9 Consent Agenda Items
Council Member Russell removed Agenda Item 9(a)(ii) from Consent Agenda.
Moved by Member Anderson and seconded by Member Nunnenkamp to approve
Agenda Items 9(a)(i and iii), 9(b)(i-iii), and 9(c)(i-v).
a) Approval of Ordinances on First Reading
i) CB 25 - IGA between the City of Englewood and Arapahoe County
regarding shared use of Arapahoe County radio communications
network
COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER
ANDERSON
A BILL FOR AN ORDINANCE AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND ARAPAHOE COUNTY FOR THE SHARED USE
OF THE COUNTY’S RADIO COMMUNICATIONS NETWORK
SYSTEM.
ii) CB 28 - IGA with the State of Colorado to support Englewood Police Co
Responder program
[Clerks Note: This agenda item was removed from the Consent
Agenda motion and considered independently.]
Moved by Council Member Tena Prange
Seconded by Council Member Chelsea Nunnenkamp
COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER
PRANGE
A BILL FOR AN ORDINANCE AUTHORIZING AN
Page 4 of 10
Draft
Page 70 of 191
City Council Regular
May 19, 2025
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND THE STATE OF COLORADO TO SUPPORT THE
CITY’S CO-RESPONDERS PROGRAM.
For Against Abstained
Chelsea Nunnenkamp (Seconded
By)
x
Rita Russell x
Othoniel Sierra x
Joe Anderson x
Tena Prange (Moved By) x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
iii) CB 30 - Agreements with the Public Service Company of Colorado and
Comcast of Colorado IX, LLC for Utility Crossings of the City Ditch
COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER
ANDERSON
A BILL FOR AN ORDINANCE AUTHORIZING MULTIPLE CITY DITCH
CROSSING LICENSE AGREEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FOR DRY UTILITIES TO COMCAST
OF COLORADO IX, LLC AND THE PUBLIC SERVICE COMPANY OF
COLORADO (XCEL ENERGY) FOR THE RIVERPARK
DEVELOPMENT IN LITTLETON, COLORADO.
b) Approval of Ordinances on Second Reading.
i) CB 20 - Roboranger (Robotic Ball Picker) Rental Agreement for Broken
Tee Golf Course
ORDINANCE NO. 22, SERIES OF 2025 (COUNCIL BILL NO. 20
INTRODUCED BY COUNCIL MEMBER PRANGE)
AN ORDINANCE APPROVING A LEASE AGREEMENT TO RENT A
ROBORANGER ROBOTIC BALL PICKER FROM ULTIMATE GOLF
AND LEISURE, INC.
ii) CB 23 - Amend Englewood Municipal Code Regarding Extraterritorial
Water Service and Lead Service Line Replacement
ORDINANCE NO. 23, SERIES OF 2025 (COUNCIL BILL NO. 23
INTRODUCED BY COUNCIL MEMBER PRANGE)
AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE C OF
Page 5 of 10
Draft
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City Council Regular
May 19, 2025
THE ENGLEWOOD MUNICIPAL CODE REGARDING
EXTRATERRITORIAL WATER SERVICE REQUIREMENTS,
CLARIFYING SERVICE CONNECTION STANDARDS, AND
ESTABLISHING REQUIREMENTS FOR LEAD AND GALVANIZED
STEEL SERVICE LINE REPLACEMENT.
iii) CB 24 - Amend Englewood Municipal Code Update Obsolete Code
Reference
ORDINANCE NO. 24, SERIES OF 2025 (COUNCIL BILL NO. 24
INTRODUCED BY COUNCIL MEMBER PRANGE)
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
SECTION 12-1B-11 TO REMOVE OBSOLETE CODE REFERENCE.
c) Resolutions and Motions
i) Motion - Amendment to the Contract for Construction with Evergreen
Mineral & Santa Fe, L.L.C. for the Relocation and Piping of a Portion of
City Ditch
Approval of an amendment to CFC-24-135 with Evergreen for the
relocation and piping of a portion of City Ditch.
Motion CARRIED.
ii) Motion - Contract for Services Renewal with Huffman Engineering Inc.
for the Allen Water Treatment Plant Control Panel and Programmable
Logic Controller Upgrades
Approval of a CFS renewal with HEI for the PLC Replacement Project
at the Allen WTP in the amount of $819,428, including approval to
execute change order(s) to expend a 10% staff-managed contingency
of $81,942, if needed, for a total Project authorization of $901,370.
Motion CARRIED.
iii) Motion - Contract for Services with Ellicott Dredge Technologies, LLC
for the purchase, installation, and start-up services of a remote-
controlled electric auger dredge.
Approval of a CFS with Ellicott for the purchase, installation, and start-
up services of a remote-controlled electric auger dredge in the amount
of $260,541, including approval to execute change order(s) to expend a
10% staff-managed contingency of $26,000, if needed, for a total
project authorization of $286,541.
iv) Motion - Craig Hospital Donation to the Englewood Public Library
Approval of the donation to the Englewood Public Library from Craig
Hospitals "Craig's Big Give 5.0" event.
Page 6 of 10
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City Council Regular
May 19, 2025
Moved by Council Member Joe Anderson
Seconded by Council Member Chelsea Nunnenkamp
Motion to approve Consent Agenda Items 9(a)(i and iii),9(b)(i-iii), and
9(c)(i-iv).
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.
10 Public Hearing Items
There were no public hearings scheduled.
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
i) CB 29 - City Sales Tax Code Update
Moved by Council Member Chelsea Nunnenkamp
Seconded by Council Member Joe Anderson
COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER
NUNNENKAMP
A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4 OF
ENGLEWOOD MUNICIPAL CODE, SALES AND USE TAX.
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
Page 7 of 10
Draft
Page 73 of 191
City Council Regular
May 19, 2025
Steven Ward x
7 0 0
Motion CARRIED.
ii) CB 14 - Amendment to the Intergovernmental Agreement with Englewood
Public School District
Moved by Council Member Joe Anderson
Seconded by Council Member Chelsea Nunnenkamp
COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER
ANDERSON
A BILL FOR AN ORDINANCE AUTHORIZING A FIRST AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD AND THE ARAPAHOE COUNTY SCHOOL DISTRICT
NO. 1, A.K.A. ENGLEWOOD SCHOOL DISTRICT, FOR ANTENNA
COLLECTORS, COMMUNITY MESSAGE BOARDS, AND PUBLIC
SAFETY RADIOS.
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 Items
9(b)(i-iii).)
c) Resolutions and Motions
i) Motion - Parks and Recreation Bond Project Contract Approvals
Moved by Council Member Tena Prange
Seconded by Council Member Chelsea Nunnenkamp
Approval of the design contracts for the following bond projects: Miller
Page 8 of 10
Draft
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City Council Regular
May 19, 2025
Park, the Recreation Center, Pirates Cove and the construction contract
for Cushing Park.
For Against Abstained
Chelsea Nunnenkamp (Seconded
By)
x
Rita Russell x
Othoniel Sierra x
Joe Anderson x
Tena Prange (Moved By) x
Kim Wright x
Steven Ward x
7 0 0
Motion CARRIED.
12 General Discussion
a) Mayor's Choice
i) Council Liaisons Discussion for Boards and Commissions
Moved by Council Member Joe Anderson
Seconded by Council Member Steven Ward
Motion to appoint Member Wright to the Water and Sewer Board,
replacing Member Ward, and the City School Board, replacing Member
Nunnenkamp as the Council Liaison.
For Against Abstained
Chelsea Nunnenkamp x
Rita Russell x
Othoniel Sierra x
Joe Anderson (Moved By) x
Tena Prange x
Kim Wright x
Steven Ward (Seconded By) x
7 0 0
Motion CARRIED.
b) Council Members' Choice
13 City Manager’s Report
14 Adjournment
Page 9 of 10
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City Council Regular
May 19, 2025
MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:07 p.m.
Senior Deputy City Clerk
Page 10 of 10
Draft
Page 76 of 191
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM:
Chris Harguth, Dave Jackson, Pieter Van Ry, Sarah Stone,
Shawn Lewis
DEPARTMENT: City Manager's Office, Communications, Police, Utilities
DATE: June 2, 2025
SUBJECT:
CB 14 - Amendment to the Intergovernmental Agreement with
Englewood Public School District
DESCRIPTION:
Amendment No. 1 to the Intergovernmental Agreement (IGA) between the City of Englewood
(City) and the Arapahoe County School District No. 1 (Englewood School District) to install two
antenna collectors on District Property and collaborate on Community Message Boards.
RECOMMENDATION:
Staff recommends approval of the IGA Amendments with Englewood Schools. The Englewood
Schools Board of Education unanimously approved the amendments, pending Council approval,
at their meeting on May 6, 2025.
PREVIOUS COUNCIL ACTION:
January 25, 2025 -- City Council discussed Englewood Schools IGA amendment and,
after questions from the public, ultimately chose to refer the agreement back to
Englewood Schools for approval before the City took action.
October 3, 2022 – City Council approved Council Bill #52 – IGA replaces the November
2020 agreement that did not include joint responsibilities for Hosanna Complex.
November 2, 2020 – City Council approved Council Bill #48 – IGA with the school district
for joint services.
SUMMARY:
Utilities, Communications, and Englewood Police (EPD) staff are seeking City Council approval
of an Amendment to the Intergovernmental Agreement (IGA) between Englewood and the
Englewood School District. This amendment authorizes the installation of two (2) antenna
collectors for the City's Advanced Metering Infrastructure (AMI) Project, formalizes collaboration
on Community Message Boards, and provides for a Memorandum of Understanding between
EPD and Englewood Schools that will allow Englewood Schools to apply for grants related to
safety and security of schools. This is a no-cost amendment.
The Water and Sewer Board recommended that Council approve the IGA amendment with the
Englewood School District during its February 11, 2025, meeting. Englewood Schools approved
the IGA amendment at their meeting on May 6.
ANALYSIS:
UTILITIES DEPARTMENT ANTENNAS
Page 77 of 191
Utilities seeks to install two (2) antenna collectors on District property for the Utilities AMI Project
Utilities staff is currently installing AMI meters throughout the City’s water distribution system to
improve water utility data collection efficiency and accuracy. To support this initiative, staff
proposes installing two (2) R900® Gateway v4 Fixed Network Data Collectors on District
property:
Charles Hay Elementary School (1221 E. Eastman Ave.): Installation on a rooftop pallet
system.
Englewood High School (3800 S. Logan St.): Installation on an existing rooftop rack.
The District has reviewed and approved these locations, ensuring minimal disruption to school
operations. The City will assume all costs associated with the data collectors' installation,
maintenance, and operation, including providing 24-hour notice to the District before accessing
rooftops for maintenance.
This project aligns with the City’s broader goals of modernizing infrastructure and improving
water service efficiency for Englewood residents. A 2020 Utilities Master Plan identified the
need for an AMI program to replace obsolete water meters. Of the City's 10,094 meters, 7,537
require full replacement, while 2,557 need retrofitting. AMI enables two-way communication
between meters and the City’s central system, improving efficiency, accuracy, and operational
capabilities.
AMI antennas, also known as data collectors, are essential for:
Real-time data transmission for accurate billing and resource management.
Operational efficiency by enabling remote service connections, disconnections, and
outage detection.
Supporting future services like demand-response programs.
The City and Englewood School District entered into an IGA in 2020 to share recreational
facilities and resources. Amendment No. 1 expands this partnership by authorizing AMI antenna
installation and establishing Community Message Boards to improve public communication.
COMMUNITY MESSAGE BOARDS
The City and the District recognize the value of enhancing public communication through
strategically placed Community Message Boards at select school district properties. These
boards will serve as a means to disseminate important information to residents, students, and
other stakeholders.
The City and District will jointly determine the most effective locations, which currently include:
Englewood High School
Clayton Elementary School
Early Childhood Education Center at Maddox
The City will be responsible for designing, developing, manufacturing, and installing the
message boards, as well as ongoing maintenance, including cleaning, graffiti removal,
vandalism repair, and replacement of damaged boards. The District will manage content
Page 78 of 191
creation and printing for its designated side of each board. Both organizations will collaborate on
scheduling and ensuring the information displayed remains timely and relevant. This initiative
strengthens the City’s commitment to community engagement, transparency, and effective
communication.
The proposed Amendment No.1 to the IGA solidifies an ongoing partnership between the City of
Englewood and Englewood School District by expanding areas of collaboration beyond
recreational services. By incorporating the AMI Project and Community Message Boards
initiative, both entities will enhance public services and communication efforts, further benefiting
the Englewood community.
ENGLEWOOD SCHOOLS/POLICE DEPARTMENT MOU
This amendment seeks to establish a good-faith foundation between the District and Englewood
Police Department for future collaborative efforts that are mutually beneficial. Highlights of the
agreement include the following:
Englewood Schools Responsibilities
o Englewood Schools shall follow the school safety, readiness, and incident
management plan developed in accordance with School Response Framework
(C.R.S. 22-32-109.1 Colorado Safe Schools Act) which identifies for each public
school in the School District:
o Englewood Schools, shall hold coordinated annual exercises among school
employees and community partners, including at a minimum:
Orientation meetings to inform all parties about emergency operation
plans and procedures;
All-hazard drills, in addition to fire drills, to improve individual and student
emergency procedures and to test communications interoperability; and
Tabletop and/or full scale exercises to discuss and identify roles and
responsibilities in different scenarios.
o Englewood Schools shall follow written procedures, as defined in its emergency
communications plan, for taking action and communicating with participating
state and local public safety agencies (Community Partners), parents, students,
and the media in the event of certain incidents as identified by the school or
school district.
o Englewood Schools shall work in cooperation with Community Partners to update
and revise standard operating procedures, ensuring that the NIMS framework is
incorporated.
o Englewood Schools shall conduct a written evaluation (After Action Report)
following certain incidents as identified by the school or school district, to identify
and address lessons learned and corrective actions in updating response plans
and procedures.
o Englewood Schools shall include in their annual budget, funding dedicated to the
maintenance and required upgrades of emergency equipment, including
communications equipment that is interoperable with participating Community
Partners.
o Englewood Schools shall include in their annual budget, funding dedicated to
support planning and execution of required annual training exercises.
o Englewood Schools and participating schools are prohibited from use of the
emergency interoperability technology funded by the SAFER Grant for day-to-
day operations on the public safety communications network.
Page 79 of 191
Englewood Police Department Responsibilities
o Provide an existing common mutual aid radio channel, or radio to be used when
needed for interoperability with Englewood Schools.
o Englewood Public Safety Dispatch Centers shall enable, control, and disable the
interoperable "bridge" as needed and according to the standard operating
protocol developed by them as part of the interoperability project. Public Safety
Radio System Owner/Operator shall closely monitor the system radio traffic
during an incident and shall have the ability to disable the interoperability "bridge"
in the event the radio system exceeds capacity and becomes inoperable.
COUNCIL ACTION REQUESTED:
Motion to approve by Ordinance, Amendment No. 1 to the Intergovernmental Agreement
between the City of Englewood and the Arapahoe County School District No. 1 (Englewood
School District) to achieve the following: 1.) install two data collection antennas on District
property for the City of Englewood’s Advanced Metering Infrastructure Project; 2.) work
collaboratively to create Community Message Boards to enhance communication efforts; 3.)
work collaboratively to improve communication between Englewood Schools and the
Englewood Police department to improve school community safety. This is a no-cost
amendment.
FINANCIAL IMPLICATIONS:
The City’s assumption of financial responsibility for installation and maintenance ensures that
these projects will be executed efficiently and sustainably. Approval of this amendment will
formalize these commitments and reinforce the mutual benefits of intergovernmental
cooperation. This is a no-cost amendment.
CONNECTION TO STRATEGIC PLAN:
Community Engagement, Transparency, and Effective Communication:
Proactively strengthen the City’s commitment to community engagement, transparency,
and effective communication
Governance:
Sustainable approach to revenue through increased accuracy
Infrastructure and Transportation:
Supports sustainable future infrastructure funding
Supports effective asset management of metering infrastructure
Proactive improvement of the City's water infrastructure
Sustainability:
Infrastructure designed and maintained in an economic, equitable, and ecological
manner
ATTACHMENTS:
CB #__ - IGA with Arapahoe County School District No. 1 (Englewood School District)
Contract Approval Summary (CAS)
Amendment to the IGA with Arapahoe County School District No. 1 (Englewood School District)
Exhibits to Amendment to the IGA
IGA with Englewood Schools 047
PowerPoint Presentation
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1
ORDINANCE COUNCIL BILL NO. 14
NO. __ INTRODUCED BY COUNCIL
SERIES OF 2025 MEMBER ANDERSON
AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD
AND THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, A.K.A. ENGLEWOOD
SCHOOL DISTRICT, FOR ANTENNA COLLECTORS, COMMUNITY MESSAGE
BOARDS, AND PUBLIC SAFETY RADIOS
WHEREAS, the City of Englewood, Colorado (“City”) is authorized under Article XIV,
Section 18 of the Colorado Constitution and the Colorado Intergovernmental Relationships Act,
C.R.S. § 29-1-201, et seq., to enter into intergovernmental agreements with other governmental
entities to provide cooperative and coordinated services; and
WHEREAS, the City and Arapahoe County School District No. 1 (“Englewood School
District” or “District”) previously entered into an Intergovernmental Agreement to memorialize
their shared commitment to providing recreational services and facilities to benefit the
community; and
WHEREAS, the City and District desire to amend the Agreement to permit the City to
install two antenna collectors on District property as part of the City’s Advanced Metering
Infrastructure Project to enhance utility management and operational efficiency; and
WHEREAS, the City and District further seek to collaborate on the design, installation,
maintenance, and use of Community Message Boards to improve public communication with
residents, students, and other stakeholders; and
WHEREAS, the City and District further seek to memorialize the use of public safety
radios and dispatch between Englewood Police Department and the District’s Safety Services
division; and
WHEREAS, this Council Bill was originally adopted on first reading on the 18th day of
February, 2025, but it requires a second first reading after the addition of safety radio provisions
to the amendment; and
WHEREAS, the City Council finds that approving the First Amendment to the
Intergovernmental Agreement is in the best interests of the City, supports efficient public
infrastructure improvements, and fosters cooperative activities.
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 approves and
authorizes the execution of Amendment Number 1 to the Intergovernmental Agreement by and
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2
between the City of Englewood and the Arapahoe County School District No. 1 A.K.A. Englewood
School District, in the form substantially the same as that attached hereto.
Section 2. General Provisions
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the
Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or
change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall
have been incurred under such provision, and each provision shall be treated and held as still
remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings,
and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the
purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be by reference or in full in the
City’s official newspaper, the City’s official website, or both. Publication shall be effective upon
the first publication by either authorized method. Manuals, Municipal Code, contracts, and other
documents approved by reference in any Council Bill may be published by reference or in full
on the City’s official website; such documents shall be 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
Page 82 of 191
3
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 May, 2025; and on second reading, in
identical form to the first reading, on the ____ day of _____, 2025.
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 83 of 191
Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date 2/24/2025
Amendment Amount End Date
Amended Contract Amount Total Term in Years
Vendor Contact Information:
Contact
Phone
Email
City State Zip Code
Contract Type:
Please select from the drop down list
Descripiton of Contract Work/Services
Procurement Justification of Contract Work/Services
Payment or Revenue terms
(please describe terms or
attached schedule if based on
deliverables)
no change
Name
Address
$ -
$ -
303.349.3766Sarah Stone
SStone@englewoodco.govUtilities Deputy Director – Business
Solutions and Engineering
Renewal options available no change
Utilities staff is seeking Water and Sewer Board recommendation for City Council to approve, by Ordinance, an amendment to the Intergovernmental
Agreement (IGA) between the City of Englewood (City) and the Arapahoe County School District No. 1 (Englewood School District). This amendment would
authorize the installation of two (2) network data collectors for the City's Advanced Metering Infrastructure (AMI) Project. This is a no-cost amendment.
Utilities staff recommends amending the IGA with the Englewood School District to install two (2) network data collectors on the District property for the
Utilities AMI Project. Utilities staff is currently installing AMI meters throughout the City’s water distribution system to improve water utility data collection
efficiency and accuracy. To support this initiative, staff proposes installing two (2) R900® Gateway v4 Fixed Network Data Collectors on District property at the
following locations:
• Charles Hay Elementary School (1221 E. Eastman Ave.): Installation on a rooftop pallet system.
• Englewood High School (3800 S. Logan St.): Installation on an existing rooftop rack.
The District has reviewed and approved these locations, ensuring minimal disruption to school operations. The City will assume all costs associated with the
data collectors' installation, maintenance, and operation, including providing 24-hour notice to the District before accessing rooftops for maintenance.
City of Englewood, Colorado
CONTRACT APPROVAL SUMMARY
Arapahoe County School District No. 1 (Englewood School
District)
Amendment to IGA
AMENDMENT NUMBER 1 TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD AND THE
ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 A.K.A. ENGLEWOOD SCHOOL DISTRICT
$ -
Page 84 of 191
CONTRACT APPROVAL SUMMARY
Budget Authorization of Contract Work/Services
Source of Funds:
Revenue 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 -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total Current Year -$ -$ -$ -$ -$
C -$ -$ -$ -$ -$
O -$ -$ -$ -$ -$
Total - Year Two -$ -$ -$ -$ -$
GRAND TOTAL -$ -$ -$ -$ -$
Process for Choosing Contractor:
Solicitation Name and Number
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
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
General Ledger Account
String
Utilities staff is seeking Water and Sewer Board recommendation for City Council to approve, by Ordinance, an amendment to the Intergovernmental
Agreement (IGA) between the City of Englewood (City) and the Arapahoe County School District No. 1 (Englewood School District). This amendment would
authorize the installation of two (2) network data collectors for the City's Advanced Metering Infrastructure (AMI) Project. This is a no-cost amendment.
n/a
NOTES/COMMENTS (if needed): This amendment does not change the financial implications of the IGA.
Solicitation:Evaluation Summary/Bid Tabulation Attached
Response of Proposed Awardee
Prior Month-End Project Status and Fund Balance Report
Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract
Copy of Original Contract if this is an Amendment
Copies of Related Contracts/Conveyances/Documents
Addendum(s)
Exhibit(s)
Certificate of Insurance
Page 85 of 191
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
1
AMENDMENT NUMBER 1
TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF
ENGLEWOOD AND THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 A.K.A.
ENGLEWOOD SCHOOL DISTRICT
THIS AMENDMENT NUMBER 1 to the Intergovernmental Agreement (“Agreement”) made
and entered into on this _______________________ by and between the City of Englewood and
the Arapahoe County School District No. 1 (“Englewood School District” or “District”) and
collectively referred to as the “Parties”.
WHEREAS, the Parties previously entered into an Intergovernmental Agreement to
memorialize their understanding for the shared provision of recreational services and facilities to
benefit the community; and
WHEREAS, the Parties desire to amend the Agreement to permit the City to install two
antenna collectors on District property to be used for the City’s Advanced Metering
Infrastructure Project; and
WHEREAS, the Parties also desire to work collaboratively on the design, installation,
maintenance, and use of Community Message Boards to enhance communication with residents,
students, and other stakeholders; and
WHEREAS, the Parties also desire to detail the specifics of the working relationship between
the District and Englewood Police Department for the safety and mutual benefit of the parties
and the communities they serve; and WHEREAS, the Parties agree to continue to operate and
abide by the terms and conditions of the Agreement, except as revised herein.
NOW, THEREFORE, the City and the District hereby enter into this Amendment Number
1 as follows:
I. AMENDMENT TERMS
A. Advanced Metering Infrastructure Project
1. The City is authorized to install two City-owned R900® Gateway v4 Fixed Network
Data Collectors on District property:
• Charles Hay Elementary School (1221 E. Eastman Ave., Englewood, CO 80113):
The antenna collector will be securely installed on a non-penetrating antenna flat
roof moun, as depicted in the attached photo and technical drawings, attached
hereto and incorporated by reference as Exhibit A.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
2
• Englewood High School (3800 S. Logan St., Englewood, CO 80113): The antenna
collector will be installed on an existing rooftop rack.
2. The District has approved the locations of the installations, and the City shall be
responsible for all costs associated with installation, maintenance, operation, and repair
any damage to District property caused during installation and maintenance. The City
will provide the District with 24 hours' notice prior to accessing the roofs for
maintenance. If the antennas at either site interfere with Englewood Schools' security
radio frequency, the City will relocate the antennas to another designated site. This cost
will be incurred by the City.
B. Community Message Boards
1. Purpose
• The Parties agree to design, install, and maintain Community Message Boards at
select District properties to enhance communication with residents, students, and
other stakeholders.
2. Locations
• The District and City shall collaborate to determine optimal locations for the
Community Message Boards, including:
Englewood High School
Clayton Elementary School
Early Childhood Education Center at Maddox
3. Responsibilities
• City of Englewood:
o Responsible for the design, development, manufacturing, and installation of
the Community Message Boards.
o Responsible for maintenance, including cleaning, graffiti removal,
vandalism repair, and replacement of damaged boards.
o Responsible for repairing any damage to District property caused during
installation or maintenance.
o Responsible for the printing, production, and proper display of the
Englewood Schools’ posters
• Englewood School District:
o Responsible for creating print-ready files for messaging to be displayed on
their designated side of the Community Message Boards.
• Mutual Responsibilities:
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
3
o Each message board shall feature side-by-side shared messaging, with one
side designated for District communications and the other for City
communications.
o The Parties will coordinate messaging schedules to ensure timely and
relevant information is displayed.
C. Safety Services
1. Purpose: To establish a good-faith foundation between the District and Englewood
Police Department for future collaborative efforts that are mutually beneficial, the
District and Englewood Police Department agree to work together in a cooperative and
coordinated manner to achieve individual goals and the collective goals of the
partnership.
2. Responsibilities:
● District Roles and Responsibilities shall include:
o Englewood Schools shall follow the school safety, readiness, and incident
management plan developed in accordance with School Response
Framework (C.R.S. 22-32-109.1 Colorado Safe Schools Act) which
identifies for each public school in the School District:
Safety teams and backups trained in the National Incident
Management System (NIMS) and the Incident Command System
(ICS), as specified by the School Response Framework, and
who is responsible for interacting with community partners and
assuming key incident command positions
o Englewood Schools, shall hold coordinated annual exercises among school
employees and community partners, including at a minimum:
Orientation meetings to inform all parties about emergency
operation plans and procedures;
All-hazard drills, in addition to fire drills, to improve individual and
student emergency procedures and to test communications
interoperability; and
Tabletop and/or full scale exercises to discuss and identify roles and
responsibilities in different scenarios.
o Englewood Schools shall follow written procedures, as defined in its
emergency communications plan, for taking action and communicating
with participating state and local public safety agencies (Community
Partners), parents, students, and the media in the event of certain incidents
as identified by the school or school district.
Page 88 of 191
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
4
o Englewood Schools shall work in cooperation with Community Partners
to update and revise standard operating procedures, ensuring that the
NIMS framework is incorporated.
o Englewood Schools shall conduct a written evaluation (After Action
Report) following certain incidents as identified by the school or school
district, to identify and address lessons learned and corrective actions in
updating response plans and procedures.
o Englewood Schools shall include in their annual budget, funding dedicated
to the maintenance and required upgrades of emergency equipment,
including communications equipment that is interoperable with
participating Community Partners.
o Englewood Schools shall include in their annual budget, funding dedicated
to support planning and execution of required annual training exercises.
o Englewood Schools and participating schools are prohibited from use of
the emergency interoperability technology funded by the SAFER Grant
for day-to-day operations on the public safety communications network.
• Englewood Police Department Roles and Responsibilities shall include:
o Provide an existing common mutual aid radio channel, or radio to be used
when needed for interoperability with Englewood Schools.
o Englewood Public Safety Dispatch Centers shall enable, control, and
disable the interoperable "bridge" as needed and according to the standard
operating protocol developed by them as part of the interoperability
project. Public Safety Radio System Owner/Operator shall closely monitor
the system radio traffic during an incident and shall have the ability to
disable the interoperability "bridge" in the event the radio system exceeds
capacity and becomes inoperable.
• Joint Roles and Responsibilities. To further the collaborative relationship between
the District and Englewood Police Department, both agree to provide the
following:
o When an application for a SAFER Grant is successful, each party shall
adhere to its roles and responsibilities related to the application, including
required annual training and exercise, coordinated response activities, and
interoperable communications.
o The District and Englewood Police Department agree to provide the
resources above at a minimum. Both may agree to provide additional
resources memorialized in future agreements.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
5
o Each party agrees to bear their own financial burden of resources to meet
their Roles and Responsibilities unless otherwise specified.
II. MISCELLANEOUS PROVISIONS
1. Non-Appropriation: All financial obligations under this Amendment are subject to
annual appropriations by the governing bodies of the respective Parties. No provision
shall be construed as creating a multi-year fiscal obligation.
2. Notices: Any notice, demand, or request required or relating to this Amendment shall
be delivered as follows:
For Advanced Metering Infrastructure Project:
City of Englewood
1000 Englewood Parkway, Englewood, CO 80110
Attn: Deputy Director of Utilities – Business Solutions and Engineering
Email: SStone@englewoodco.gov
Englewood Public Schools
4101 S. Bannock St., Englewood, CO 80110
Attn: Superintendent of Schools
Email: Joanna_Polzin@engschools.net
For Community Message Boards:
City of Englewood
1000 Englewood Parkway, Englewood, CO 80110
Attn: Director of Communications
Email: charguth@englewoodco.gov
Englewood Public Schools
4101 S. Bannock St., Englewood, CO 80110
Attn: Superintendent of Schools
Email: [Insert Email Address]
For Safety Services:
Page 90 of 191
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
6
Englewood Police Department
3615 S. Elati St., Englewood, CO 80110
Attn: Chief of Police
Email: djackson@englewoodco.gov
Englewood Public Schools
4101 S. Bannock St., Englewood, CO 80110
Attn: Director of Safety and Security
Email: mark_edson@engschools.net
3. Governing Law: This Amendment shall be governed by and construed in accordance
with the laws of the State of Colorado. Venue for any disputes shall be proper in
Arapahoe County, Colorado.
4. Complete Agreement: This Amendment, together with the original Agreement,
constitutes the entire understanding between the Parties. It supersedes all prior
agreements, discussions, and understandings, whether oral or written.
5. Execution in Counterparts: This Amendment may be executed in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
III. INCORPORATION BY REFERENCE OF INTERGOVERNMENTAL
AGREEMENT
Except as specifically modified herein, all other terms, conditions, and attachments of the
Intergovernmental Agreement are incorporated by reference as if fully set forth herein and shall
continue in full force and effect until the earlier of (a) expiration or termination of this Amendment
Number 1, or (b) mutual agreement in writing by the Parties hereto.
IN WITNESS WHEREOF, the City and the District do hereby execute this Amendment
Number 1 to the Intergovernmental Agreement.
CITY OF ENGLEWOOD, COLORADO
By:
(Signature)
_________________________________
(Print Name)
Title:
Page 91 of 191
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
7
Date: _______________________________
FOR THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 ENGLEWOOD PUBLIC
SCHOOLS
By: __________________________________
(Signature)
__________________________________
(Print Name)
Title: __________________________________
Date: _______________________________
Page 92 of 191
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Page 94 of 191
1
BY AUTHORITY
ORDINANCE NO. 47 COUNCIL BILL NO. 48
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE
COUNTY SCHOOL DISTRICT NO. 1, A.K.A. “ENGLEWOOD SCHOOL
DISTRICT”.
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;
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;
WHEREAS, the Parties have entered into multiple Agreements for the shared use,
service, maintenance and joint activities utilizing District properties;
WHEREAS, District has completed major facility upgrades and renovations, nullifying
provisions within existing Agreements;
WHEREAS, City has instituted significant changes to their recreational and athletic
programs, nullifying provisions within existing Agreements; and
WHEREAS, the Parties desire to update their previous Intergovernmental Agreements to
better reflect existing facilities and programs, and to better serve the community’s needs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement by and between the CITY OF ENGLEWOOD, a Colorado Home
Rule Municipality, (“City”) and the ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, also known
as Englewood School District, a copy of which is marked as “Exhibit A” and attached hereto.
Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for
and on behalf of the City of Englewood, Colorado, attached hereto as Exhibit A, including the fee
schedule appended thereto.
Introduced, read in full, and passed on first reading on the 19th day of October, 2020.
Published by title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day
of October, 2020.
DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 95 of 191
2
Published as a Bill for an Ordinance on the City’s official website beginning on the 21st
day of October, 2020 for thirty (30) days.
Read by Title and passed on final reading on the 2nd day of November, 2020.
Published by Title in the City’s official newspaper as Ordinance No. 47, Series of 2020,
on the 5th day of November, 2020
Published by title on the City’s official website beginning on the 4th day of November,
2020 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 47, Series of 2020.
Stephanie Carlile
DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 96 of 191
1
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, is entered into this _____ day of ___________________, 2020, by and
between the CITY OF ENGLEWOOD, a Colorado Home Rule Municipality, (“City”) and the
ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, (“Englewood School District” or “District”).
W I T N E S E T H
WHEREAS, the Parties have entered into multiple Agreements for the shared use, service,
maintenance and joint activities utilizing District properties;
WHEREAS, District has completed major facility upgrades and renovations, nullifying provisions
within existing Agreements;
WHEREAS, City has instituted significant changes to their recreational and athletic programs,
nullifying provisions within existing Agreements; and
WHEREAS, the Parties desire to update their previous Intergovernmental Agreements to better
reflect existing facilities and programs, and to better serve the community’s needs.
NOW THEREFORE, in consideration of the mutual agreements and promises herein
contained, and subject to the terms and conditions hereinafter stated, City and District understand
and agree as follows:
1.PURPOSE AND SCOPE OF AGREEMENT: The purpose of this Agreement is to
memorialize the understandings between City and District for the shared provision of recreational
services and facilities to benefit the community.
2.TERMINATED AGREEMENTS: The following Agreements are recognized as either
expired or repealed by separate action:
a.Ordinance 66, Series of 2013 – Flat 14ers Initiative Project, which was a
movement -based initiative to challenge individuals to virtually climb Colorado’s 14ers by
designating Englewood Parks, paths, walking trails and Englewood School spaces. Participants
would walk a designated space a certain number of times gathering enough steps to climb a
designated 14er. The initiative is no longer in operation at Englewood or District properties.
b.Ordinance 37, Series of 2011 – Community Gardens at Charles Hay and Clayton
Elementary Schools. City, through an IGA with District, assisted District in grant funding and
implementation. City no longer has a role in the grant funding and implementation, in addition
District currently manages these gardens, and City has no continuing role in the garden operations.
c.Ordinance 36, Series of 1998 – Clayton Elementary Athletic Field. Prior to the
school being reconstructed City utilized the athletic field for various sports league use. Since the
reconstruction of the elementary school, the athletic field was reduced in size and now contains a
slope for storm water run-off. These changes make it undesirable for team functions.
d.Ordinance 38, Series 2005 – Defining the joint responsibility between City and
District for the use of the Sinclair Basketball and Inline Hockey Rink areas. The Inline Hockey
Rink is no longer used for inline hockey, but instead for pickle ball, and the basketball courts no
longer exist. The project was funded in part by Open Space funds which are no longer available.
Attachment ADocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 97 of 191
2
e. Ordinance 14, Series of 2013 – Provided City would contribute funds for
improvements to the gymnasium at Colorado’s Finest Alternative High School (CFAHS). In
exchange, City would be allowed first priority use of the facility outside of school hours, and all
fees and costs would be waived for City. City no longer utilizes the facility.
f. Ordinance 63, Series of 2013 - Consolidated previous shared service and joint
activity intergovernmental agreements, modified existing agreements concerning Hosana Field,
and authorized applications for grants. The consolidated agreements which were the subject of this
ordinance will be repealed, and City and District are entering into a future intergovernmental
agreement regarding the shared use of District facilities that were the subject of this Ordinance.
3. DUTIES OF ENGLEWOOD: City agrees to provide the following to District:
a. City agrees to cover all damages caused by City programs and not caused by normal
wear and tear to the CFHSC gymnasium used for its summer youth programs.
b. City will improve and maintain the athletic field on the East side of CFHSC at no cost
to District, and any revenues earned from field rentals will belong solely to City.
c. City will continue to maintain and schedule the use of the outdoor basketball and
pickleball courts at CFHSC.
d. City will maintain the adjacent CFHSC parking lot at no cost to District including any
required resurfacing.
e. City agrees to cover the cost of any damage when using the Auditorium during the
summer months and not caused by normal wear and tear to the Fisher Auditorium for
a summer drama program at the Englewood Campus.
f. City shall not use any materials or leave sets or equipment at the Auditorium or shop
area at the end of the summer drama program.
g. City shall pay for its use of any and all other District facilities, based on the attached
fee schedule for youth or adult participation as appropriate. Said fee schedule shall be
made available when it is completed.
4. DUTIES OF DISTRICT: District agrees to provide the following to City:
a. District will provide full access as required by City for its program needs and provide
custodial services for the use of the CFAHS gymnasiums.
b. District grants City full use of the athletic fields on the East side of CFAHS outside
of regular school hours.
c. All associated utilities and water usage expenses from the use of the athletic fields
will be paid by District.
DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 98 of 191
3
d. District grants to City the full use of the Fisher Auditorium at the Englewood Campus
during the summer months at established youth rates in order to facilitate a successful
summer drama program.
e. District shall provide City access to the shop area at the Fisher Auditorium for the
construction of sets for the summer drama program.
5. MUTUAL DUTIES OF DISTRICT AND CITY:
a. City and District personnel will work together to develop a property status checklist
for the CFAHS gymnasium no later than June 1 of each year.
b. City and District personnel will work together to develop a property status checklist
for the Fisher Auditorium no later than June 1 of each year.
c. City and District personnel will meet at least every other month in each calendar year
to discuss logistics, expectations and to ensure positive and productive
communications in support of this Agreement.
6. TERM OF THE AGREEMENT: This Agreement shall be effective upon mutual
execution and shall be in effect for a period of five (5) years.
7. RENEWAL OF THE AGREEMENT: This Agreement may be renewed for five (5)
additional years at the end of the current period. All renewals must be in writing and executed by
both parties. Each party reserves the right to elect not to renew the agreement after expiration of
the current term. If either party intends not to renew the Agreement it shall give notice of such
intent at least ninety (90) days prior to expiration of the then current term of the Agreement.
8. TABOR: The parties do not intend to violate the terms and requirements of TABOR by
the execution of this Agreement. It is understood and agreed that this Agreement does not create a
multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR, and shall be
interpreted in conformance with TABOR.
9. NOTICE: All notices concerning this Agreement shall be made:
To Englewood Public Schools
attn: Superintendent of Schools
4101 S. Bannock St.
Englewood, CO 80110
To City of Englewood
attn: City Manager
1000 Englewood Parkway
Englewood, CO 80110
10. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance
by one Party constitute or be construed to be a waiver by that Party of any breach of a term,
covenant, or condition or any default which may then exist on the part of another Party. When any
such breach or default shall exist, it shall not impair or prejudice any right or remedy available to
the non-breaching Party with respect to such breach or default; and no assent, expressed or implied,
DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 99 of 191
4
to any breach of any one or more terms, covenants, or conditions of the Agreement shall be
construed as a waiver of any succeeding or other breach.
11. VENUE, GOVERNING LAW: Each and every term, condition, or covenant of this
Agreement is subject to and shall be construed in accordance with the provisions of the laws of the
state of Colorado and any rules and regulation enacted in conformance therewith, including any
applicable federal law, municipal charter, ordinance, rule or regulation.
12. INSURANCE: Each Party may be self-insured as required by Colorado law, or may
acquire insurance to insure the activities undertaken in this Agreement. The cost of any such
insurance shall be borne exclusively by the Party obtaining such insurance and each Party shall
determine what coverage if any is required.
13. COLORADO GOVERNMENTAL IMMUNITY ACT: The Parties agree that the
Parties are relying upon, and have not waived, the monetary limitations and all other rights,
immunities and protection provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101, et seq.
14. INDEMNIFICATION AND LIABILITY OF PARTIES: Each of the Parties shall be
responsible for any and all claims, damages, liability and court awards, including costs, expenses,
and attorney fees, incurred as a result of any act or omission by that Party, or its officers in
connection with the subject matter of this Agreement.
15. BEST EFFORTS: The Parties agree to work diligently together and in good faith, using
their best efforts to resolve any unforeseen issues and disputes, to expeditiously review and approve
submittals and effect the orderly execution of the above-listed services.
16. CONFIDENTIAL INFORMATION; OPEN RECORDS: No Party shall at any time or
in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm
or corporation in any manner whatsoever any information concerning any matters which are not
subject to public disclosure. The Parties shall comply with all applicable state laws and
requirements pertaining to maintenance and disclosure of information pursuant to the Colorado
Open Records Act. Such records or data may be in hardcopy, printed, digital or electronic format.
17. PARAGRAPH HEADINGS: The captions and headings set forth in this Agreement are
for convenience only, and shall not be construed so as to define or limit the terms and provisions
hereof.
18. SEVERABILITY: The Parties agree that if any part, term, or provision of this Agreement
is held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining
portions or provisions shall not be affected, and the rights and obligations of the Parties shall be
construed and enforced as if the Agreement did not contain the particular part, term, or provision
held to be invalid.
19. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS: All terms, conditions and
covenants of this Agreement, (including any exhibits and attachments), which, by reasonable
implication, contemplate continued performance or compliance beyond the expiration or
termination of this Agreement (including confidentially), shall survive such expiration or
termination and shall continue to be enforceable as provided herein.
DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 100 of 191
5
20. AGREEMENT AS COMPLETE INTEGRATION - AMENDMENTS: This
Agreement is intended as the complete integration of all understandings between the Parties as to
the subject matter of this Agreement. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing.
No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any
force or effect unless embodied in a written amendatory or other Agreement properly executed by
the Parties. Amendments to this Agreement will become effective when approved by all Parties
and executed in the same manner as this Agreement. This Agreement and any amendments shall
be binding upon the Parties, their successors and assigns.
21. NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of the Agreement and
all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in
the Agreement gives or allows any claim or right of action to any third person or entity. Any person
or entity other than the Parties hereto receiving services or benefits pursuant to this Agreement is
an incidental beneficiary only.
22. LEGAL AUTHORITY:
a. Each Party assures and guarantees the others that it possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or
taken, to enter into this Agreement.
b. The person signing and executing this Agreement on behalf of each Party represents
that they have been fully authorized by their respective Party to execute this
Agreement on its behalf and to validly and legally bind their respective Party to all
the terms, performances and provisions of this Agreement.
c. Each of the Parties shall have the right to either temporarily suspend or permanently
terminate this Agreement, if there is a dispute as to the legal authority of the other
Party or the person signing the Agreement on behalf of the other Party to enter into
this Agreement. The suspending or terminating Party shall not be obligated to pay the
other Party for any performance of the provisions of this Agreement after that Party
has suspended or terminated this Agreement as provided in this Article. In the event
of any such suspension or termination the remaining Party may elect to immediately
terminate this Agreement.
[balance of page intentionally left blank]
DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 101 of 191
6
FOR THE CITY OF ENGLEWOOD
________________________________________
Linda Olson, Mayor
Attest:____________________________________________
Stephanie Carlile, City Clerk
FOR THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1
ENGLEWOOD PUBLIC SCHOOLS
BY:_____________________________________________
Caty Husbands (September 22, 2020)
Title:___President, Englewood Board of Education_______
DocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
Page 102 of 191
I II III IV V VI
Cafeteria (TEC and CFHS)$5.00 $8.00 $21.00 $30.00
Kitchen $3.00 $6.00 $13.00 $20.00
Classroom $2.00 $6.00 $13.00 $20.00
Library /IMC $3.00 $8.00 $20.00 $30.00
Multi-Purpose -Weight/Wrestling Room $3.00 $7.00 $17.00 $25.00
GYM (CFHSC)$6.00 $10.00 $25.00 $35.00
Field House $10.00 $20.00 $60.00 $90.00
Locker Rooms $3.00 $8.00 $20.00 $30.00
Commons/Cafeteria (Elementary)$3.00 $8.00 $20.00 $30.00
Auditorium Performance/ Meeting $14.00 $21.00 $50.00 $75.00
Auditorium Rehersal ONLY $6.00 $7.00 $17.00 $25.00
Music Rooms $2.00 $6.00 $15.00 $20.00
Grass Fields $6.00 $8.00 $20.00 $30.00
Stadium W/O Lights $50.00 $50.00 $85.00 $125.00
Stadium W/ Lights $50.00 $175.00 $175.00 $250.00
Custodial Fee (After Hours)$35.00 $35.00 $35.00 $35.00
Information Tables (Per Event)$10.00 $10.00 $10.00 $10.00
*Equipment Fee *per event*$0.00 $25.00 $100.00 $150.00
Tennis Courts $6.00 $8.00 $20.00 $35.00
NO FEE NO FEE
Participation Rates Must Be Provided Upon Request for Verification NOTE: FEES ARE RATED PER HOUR
ENGLEWOOD SCHOOLS RESERVES THE RIGHTS TO CHANGE THE RATES AND SCHEDULES AT ANYTIME. * Equipment fees are for gyms,
Fieldhouses and Auditorium space rentals only.
Englewood Schools Community Use of Facilities Rates
PYS & All Groups in Categories III -V
Must be Non-Profit Entities with Documentation Establishing Their Non-Profit Statue
School Related
Events
School
Affiliated
Organization
or Educational
Groups
Groups
Serving
Englewood
Youth 65% or
More
Englewood
Youth
Groups Serving
Youth 0-64%
Englewood
Youth
Participation
Profit Groups Adults
and Youth
AREAS OF USAGE
Non-Profit
Adult Groups
and
Englewood
Parks and
Recreation
Adult Sports
Attachment A: Rental RatesDocuSign Envelope ID: 1AC2CA4E-F132-40D9-96EA-243DCDB3684C
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1
Amendment to the IGA with
Englewood School District
Presented By
•Englewood Utilities and South Platte Renew Director Pieter Van Ry
•Englewood Communications Director Christopher Harguth
•City Manager Shawn Lewis
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Utilities Antennas
AMI Project: Replace Outdated Metering Infrastructure
•10,094 total existing meters
•7,537 to be replaced
•2,557 to be retrofitted to AMI endpoints
Install two Network Data Collectors
•Real-time data transmission
•Locations:
•Charles Hay Elementary School
•Englewood High School
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Planned Installation
•Install two R900® Gateway v4 Fixed
Network Data Collectors
•Water and Sewer Board
recommended City Council approval
during its February 11, 2025, meeting.
Recommendation
Approve IGA Amendment with
Englewood School District
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Community Message Boards
•Community Message Boards
•Englewood High School
•Clayton Elementary School
•Early Childhood Education Center at Maddox
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Community Message Boards
Recommendation
Approve IGA Amendment with
Englewood School District
Pa
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Englewood Schools/EPD Coordination
•Requested by Englewood Schools
•Provides cooperative framework for
the following:
•Radio interoperability
•General communication
•Training and exercises
•Will allow Englewood Schools to
apply for a SAFER Grant to improve
communication systems
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Questions
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Vance Fender
DEPARTMENT: Police
DATE: June 2, 2025
SUBJECT:
CB 25 - IGA between the City of Englewood and Arapahoe
County regarding shared use of the Arapahoe County radio
communications network.
DESCRIPTION:
This is an IGA that permits the Englewood Police Department to utilize the portion of the
statewide Digital Trunked Radio System and the Consolidated Communications Network of
Colorado pursuant to the terms of the agreement.
RECOMMENDATION:
Staff recommends that City Council approve this IGA as presented.
PREVIOUS COUNCIL ACTION:
The last council action regarding the use of the State of Colorado, Arapahoe County's radio
communications network system and Consolidated Communications Network of Colorado was
in 2005 when the City entered into the original agreement.
SUMMARY:
Arapahoe County obtained a Digital Trunked Radio System (DTRS) that integrates with the
State of Colorado DTRS that is managed by the Consolidated Communications Network of
Colorado. This system is used for public safety, to include law enforcement. Arapahoe County
permits the Englewood Police Department to utilize the County's portion of the Statewide DTRS
for partial re-imbursement of costs.
ANALYSIS:
The Englewood Police Department has operated emergency radio communications on the
Statewide DTRS since 2005. This agreement is essential to emergency communications,
ensuring constant communications and interoperability with agencies through ought the State of
Colorado. There is no other viable option for emergency radio communications.
COUNCIL ACTION REQUESTED:
Police Department staff recommends approval of the IGA as written.
FINANCIAL IMPLICATIONS:
The City of Englewood pays Arapahoe County a one time fee of $325 for each new radio added
to the DTRS. This is in addition to a yearly fee of $50 per radio for annual operation and
Page 111 of 191
maintenance fees. The radio usage fee for 2024 is $8,600, which is accounted for in the
Professional Services line in the Police Department budget.
CONNECTION TO STRATEGIC PLAN:
This IGA directly relates to safety in the Strategic Plan.
OUTREACH/COMMUNICATIONS:
No outreach has been completed reference this issue.
ATTACHMENTS:
CB#25
2005 IGA
2025 IGA
Page 112 of 191
1
ORDINANCE COUNCIL BILL NO. 25
NO. INTRODUCED BY COUNCIL
SERIES OF 2025 MEMBER ANDERSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
ARAPAHOE COUNTY FOR THE SHARED USE OF THE
COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and
Section 29-1-203, C.R.S., authorize governments to cooperate and contract with one
another to provide any function, service, or facility lawfully authorized to each; and
WHEREAS, Arapahoe County (“County”) owns and operates a Digital Trunked
Radio System (“DTRS”) consisting of radio sites with trunked radio repeaters, electronic
hardware and software, and related towers and antennas; and
WHEREAS, the County maintains and operates its DTRS to support public
safety and general government functions, including law enforcement, emergency
response, road and bridge operations, and other County services; and
WHEREAS, the County has integrated its DTRS with the statewide DTRS,
managed by the Consolidated Communications Network of Colorado (CCNC), to
facilitate interoperability and enhance communications for public safety agencies; and
WHEREAS, the City of Englewood (“City”) utilizes radio communications for
the performance of its governmental functions and public safety services; and
WHEREAS, the City and the County desire to enter into an intergovernmental
agreement (IGA) for shared use of the County’s DTRS infrastructure, which will improve
radio communications, enhance interoperability, and promote cost-effective and efficient
use of public resources; and
WHEREAS, the City Council finds that entering into the IGA is in the best
interest of the public health, safety, and welfare of the residents of Englewood.
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 Arapahoe County for the
Use of Arapahoe County’s Radio Communications, in the form substantially the same as
that attached hereto.
Section 2. General Provisions
Page 113 of 191
2
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall
be treated and held as still remaining in force for the purposes of sustaining any and all
proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or
order which can or may be rendered, entered, or made in such actions, suits, proceedings,
or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that
it is promulgated for the health, safety, and welfare of the public, and that this Ordinance
is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be by reference or in full in the
City’s official newspaper, the City’s official website, or both. Publication shall be
effective upon the first publication by either authorized method. Manuals, Municipal
Code, contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro
Tem is hereby authorized to execute the above-referenced documents. The execution of
any documents by said officials shall be conclusive evidence of the approval by the City
of such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
Page 114 of 191
3
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced and passed on first reading on the 19th day of May, 2025; and on second reading,
in identical form to the first reading, on the ____ day of _____, 2025.
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 115 of 191
Arapahoe
,COLInty ].Grayson Robinson
Colorado’sFirst sheriff
May 18,2005 |310l E.Broncos Parkway
Centennial,Colorado 801i 2
Phone:720-874-4160
Fax:720-874-4158
Trina Everhart www.mapahoesherif?org
City of Englewood Safety Services
3615 S Elati St
Englewood,CO 80110
Greetings,
In anticipating the integration of the City of Englewood into the Arapahoe County Radio
Backbone,a part of the Consolidated Communications Network of Colorado,I am
sending you the Inter-Governmental Agreement (IGA)for your review and completion for
your entity.
Upon completion,please return it to:
Charlie Robinson,Manager
Budget &Logistics Of?ce
Arapahoe County Sheriff’5 Of?ce
13101 E.Broncos Parkway
Centennial,Colorado 80112-4558
Thank you for your cooperation in making our Radio System the best possible.Your
reports of problems and of the good things happening are always welcome.Please send
those reports to:CountyRadioIssues@co.arapahoe.co.us.I’m open on suggestions
concerning our annual User’s Meeting.Please send me some possible meeting dates in
June or July 2005.
Thank you very much.
Sincerely,
Emery L.Reynolds N.,<\\’2&5
Radio Systems Manager
__.
Arapahoe County Sheriff”5 Office '"‘f:
13101 East Broncos Parkway a:,4“”A”I.
Centennial,CO 80112-4558 mx
720-874-3720 FAX 720-874-3722
EMAIL:ereynolds@co.arapahoe.co.us
Accredited by the Commission on Accreditation for Law
Enforcement Agencies,American Correctional Association
and National Commission on Correctional Health Care.
Page 116 of 191
1 Ma 05055?Arapahoe
,COunty l.Grayson Robinson
Colorado’sFirst Sheriff
13101 E.Broncos Parkway
Centennial,Colorado 80112
Phone:720—874-4l65
Board Summary Report Fax:‘720-874-4l 58
www.arapahoesheriff.org
sheriff@co.arapahoe.co.us
Date:August 17,2005
To:Board of County Commissioners
Through:J.Grayson Robinson,Sheriff
From:Charles E.Robinson
Subject:lntergovernment Agreement Between Arapahoe County and the City of Englewood
Purpose and Recommendation
The City of Englewood has requested that they be allowed to join the Radio
Communications Network System and has submitted an intergovernmental agreement
consistent with those signed by the other participants in the program.The Sheriff’s Office
requests that the Board of County Commissioners accept the agreement and authorize the
Chair of the Board to sign the intergovernmental agreement.
Background
Arapahoe County obtained a radio Communications Network System in 1993 and opened
it to otherjurisdictions in 1995.This system provides trunked repeaters,antennas and
related radio equipment in the 800 Mhz band used for various governmental functions
including law enforcement,road and bridge and building inspection.
Discussion
The city of Englewood has requested that they be allowed to participate in Arapahoe
County's Communications Network System.They agree to abide by the same provisions
contained in the intergovernmental agreements with the other participants.There is room
on the system for the City of Englewood.
Alternatives
There are no viable alternatives at this time.
Fiscal Impact
The City of Englewood will reimburse Arapahoe County for their share of the maintenance
costs associated with the Communications Network System.The reimbursement will be
$25.00 per serialized device,which is consistent with the charges levied on the other
participants.
@Aek e.1,
Accredited by the Commission on Accreditation for Law
Enforcement Agencies.American Correctional Association
and National Commission on Correctional Health Care.
Page 117 of 191
Concurrence
The intergovernmentalagreement has been submitted to the County Attorney’s Office for
their review and concurrence.
Attorney Comments
Signature lines
Signatures of the staff originator and other appropriate supervisors,department manager,
etc.will help the Board know who has seen the report and who to contact for more
information.
Staff Originator
“
2774774
244’
County Attorneyv
Page 118 of 191
BY AUTHORITY
ORDINANCE NO.?COUNCIL BILL NO.26
SERIES OF 2005 INTRODUCED BY COUNCIL
,MEMBERBRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTALAGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERSOF THE COUNTY OF
ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY’S RADIO
COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED
COMMUNICATIONSNETWORK OF COLORADO (CCNC)].
WEREAS,Arapahoe County has obtained a Radio CommunicationsNetwork System
(hereina?er sometimes referred to as “CNS”)presently consisting of radio sites
containing trunked radio repeaters,related electronic hardware equipment,software and
towers/antennas;and
WHEREAS,Arapahoe County operates and maintains the CNS for an improved radio
communications ?mction for its various governmental functions including law
enforcement,road and bridge,animal control,building inspection,public safety and
general governmental radio communications;and
WHEREAS,Arapahoe County has integrated the CNS with the statewide CCNC
System and migrating all public safety to digital communications for the mutual bene?t of
all users;and
WHEREAS,Arapahoe County and the City of Englewood are each authorized to
utilize radio communications in the performance of their various governmental
functions;and
WHEREAS,this intergovernmental agreement is necessary,proper and convenient
for the continued preservation of the public peace,health and safety and for providing a
more cost effective and ef?cient use of governmental resources;and
WHEREAS,the ?inds have been budgeted for this project;
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
entering the “Intergovernmental Agreement Regarding Shared Use Of Arapahoe
County’s Radio Communications Network System [And Consolidated Communications
Network of Colorado (CCNC)]”between Arapahoe County and the City of Englewood,
attached hereto as Exhibit A.
Section 2.The Mayor and City Clerk are authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced,read in full,and passed on ?rst reading on the 20th day of June,2005.
-1-
9bi
Page 119 of 191
Published as a Bill for an Ordinance on the 24th day of June,2005.
Read by title and passed on ?nal reading on the 11‘11day of July,2005.
Published by title as Ordinance NoplzSeries of 2005 n the 1 th day of July,
2005
Loucrishia A.Ellis,City Clerk
I,Loucrishia A.Ellis,City Clerkofthe City of Englewood,Colorado,hereby
Loucrishia A.Ellis
Page 120 of 191
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF
ARAPAI-IOE COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
This Intergovernmental Agreement entered into this __lst_day of _lu.ne ,2005,by
and between Arapahoe County,Colorado,(hereinafter the "County")and CitiLOLEnglemod,
Colorado ,hereinafter referred to as “Subscriber”.),hereina?er collectively referred to the
parties.
WHEREAS,pursuant to the provisions of Sections 29—1-203 C.R.S.,and Section
18(2)(a)of Article XIV of the Colorado Constitution,Governmental entities are
authorized to cooperate and contract with each other for the purpose of
intergovemmentally providing any function,service,or facility authorized to it,and
further including authority to provide for the joint exercise of suchfunction,service,or
facilities;and
WHEREAS,in the performance of its governmental ?inctions,the County has obtained a
Radio Communications Network System (hereinafter sometimes referred to as “CNS”)
presently consisting of radio sites containing trunked radio repeaters,related electronic
hardware equipment,software,and towers/antennas;and
WHEREAS,the County operates and maintains the CNS for an improved radio
communications function for its various governmental functions including law enforcement,
road and bridge,animal control,building inspection,public safety and general
governmental radio communications;and
WHEREAS,the County has integrated the CNS with the statewide CCNC System and
migrating all public safety to digital communications for the mutual bene?t of all users
and automatic interoperability;and
WHEREAS,the County and Subscriber are each authorized to utilize radio
communicationsin the performance of their various governmental functions;and
MOU/IGAfor Radio Network Page 1 of 6 pages
I;)Il—-_w-u_.
Page 121 of 191
‘INTERGOVERNMENTALAGREEMENT REGARDING SHARED USE OF
ARAPAI-IOE COUNTY’S RADIO COMMUNICATIONS NETWORKSYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
WHEREAS,the parties wish to cooperate in providing such services and equipmentnow
separately operated by the parties;and
WHEREAS,the parties have determined that this Agreement is necessary,proper and
convenient for the continued fostering and preservation of the public peace,health and
safety,and for providing a more cost effective and ef?cient use of governmental
resources;
NOW,THEREFORE,IT IS AGREED by and between the County and the Subscriber as
follows:
1.The County agrees to permit the Subscriber to utilize the County’s CNS pursuantto the
terms and conditions of this agreement.As a partial reimbursement for the County’s cost
in obtaining the CNS,Subscriber shall pay to the County a one-time user fee in the sum
of $325.00 for each serialized device added after January 1,2005,and shall be entitled to
use a portion of the CNS needed by Subscriber for its law enforcement,?re,public works
and other governmental purposes,subject to the terms and conditions of this Agreement.
Subscriber shall pay such fee to the County no later than thirty (30)days after execution
of this Agreement.This fee is applicable to each additional serialized device that is
placed on the County’s CNS.Replacement devices are not subject to this fee.Said
payment shall be made to Arapahoe County for deposit in the County’s CNS
Development ("CNSD")account for use as set forth in paragraph 12.
2.Subject to annual budgeting and appropriation,Subscriber shall also pay an annual
operation and maintenance fee of $25.00 per serialized device.This fee will be billed in
February,for the previous year,and each year thereafter,and shall be due and payable
Withinthirty (30)days of such billing.
MOU/IGAfor Radio Network Page 2 of 6 pages
Page 122 of 191
'INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF
ARAPAI-IOE COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
The County and/or CCNC shall make available_6_talk groups from the CNS for use
by Subscriber.A talk group is generally de?ned as a computer designated allocation for
the routing of transmittedradio or data messages on a multi-frequency trunked radio
system,such as the CNS and CCNC.
The County shall obtain any and all permits,certi?cates and licenses required by any
rules,regulations and laws for the operation of the CNS and CCNC.Subscriber will
cooperate with the County,to the extent necessary,in obtaining such permits,certi?cates
and licenses.
To the best of its ability,the County shall maintain the CNS in proper operating
condition,and the County shall protect and maintain the CNS and the equipment thereof
in such a manner that the CNS services shall be ef?ciently rendered to the parties as and
when needed.
The County agrees to furnish quali?ed personnel to provide operational control of the
CNS.Operational control is'deemed to include all facets of a communications network,
including,but not limited to,program,transmission,reception,usage and allocation of
the network.Subscriber shall be responsible for purchasing mobile and portable radios
compatible with the CNS.Subscriber shall also be responsible for the maintenance,
repair and insurance of its radios and equipment needed for use of the CNS.Subscriber
and its agent(s)agree to operate on the CNS in accordance with FCC Rules &
Regulations,and County &CCNC.Policies.
The County shall pay for all expenses of every kind or nature incurred in the operation of
the CNS.Subscriber shall not be liable for any debts or liabilities contracted or incurred
by the County or any other entity which may utilize the CNS.
The County shall,at all times,carry and maintain adequate insurance coverage to protect
the properties of the CNS against ?re,loss or other hazards that may impair the
MOU/IGAfor Radio Network Page 3 of 6 pages
Page 123 of 191
.INTERGOVERNMENTALAGREEMENT REGARDINGSHARED USE OF
ARAPAI-IOECOUNTY’SRADIO COMMUNICATIONSNETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
operations.
9.Subscriber shall be allocated __6_—secured communication talk groups.
Additional system talk groups may be requested in writing to the Arapahoe County
Sheriff’s Of?ce and the Technical Committee of CCNC.Fees related to additional talk
groups may be assessed to the Subscriber.A steering committee,comprised of equal
representation of all Subscribers may make recommendations to the Arapahoe County
Sheriffs Of?ce on the following subjects:
Assignment of talk groups to new entities;
Assignment of additional talk groups to current members;
Purchase of replacement equipment and of additional equipment;and
WOW?
Standard proceduresfor use of the CNS including identi?cation of
improper radio usage.
10.The County may allow other Subscribers to use the CNS provided such entities enter into
an agreement similar to this Intergovernmental Agreement.In the event that other entities
use the CNS,the County will assure Subscriber that the use by other entities shall have no
adverse impact on the talk groups used by Subscriber.
11.Each party to this Agreement and each party to any other agreement with Arapahoe
County for the use of the CNS shall annually certify the number of radios that it uses as
part of the CNS by January lst of each year.
12.The County hereby agrees to separately account for the user fees received and utilize such
monies solely for equipment replacement,enhancements,or the purchase of additional
equipment needed for the CNS.Any proposed expenditure is subject to the review and
recommendation of the Arapahoe County Sheriffs Of?ce and approval of the Board of
County Commissioners.
MOU/IGAfor Radio Network Page 4 of 6 pages
Page 124 of 191
13.
14.
16.
'INTERGOVERNMENTALAGREEMENT REGARDING SHARED USE OF
ARAPAHOE COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
Either party may terminate its participation in the CNS upon at least one~year’s written
notice to the other party.In the event of Subscriber’s termination of this agreement under
this paragraph,Subscriber shall not be entitled to any distribution from the CNSD
account.In the event of the County’s termination of this agreement as to all user(s),the
County shall negotiate with the other user(s)for the purchase of the CNS by the other
user(s)and for the assignment or transfer of any license,permits,leases and/or related
agreements associated with CNS.Pursuant to any purchase agreement,the County will
transfer the balance of CNSD account to the purchaser.In the event of mutual
termination by all user(s)of the CNS,the balance of the CNSD account will be
distributed on a pro-rata basis to all users based upon each user’s historical contribution
to the CNSD account.Subscribers do not have a vested interest in the CNSD account.
Failure to timely pay the annual operation and maintenance fee,as set forth in paragraph
2,by Subscriber shall be deemed a default of this agreement and grounds for termination
thereof.In such instance,the County may terminate this agreement upon sixty (60)days’
prior written notice to Subscriber and the County may eliminate the transmission
capability of the Subscriber.Subscriber shall not be entitled to any distribution from the
CNSD account.
Notices to be provided under the Agreement shall be given in writing either by hand
delivery,or deposited in the United States Mail,with suf?cient postage,to the following:
COUNTY:SUBSCRIBER:
Arapahoe County Sheriff’s Of?ce Subscriber Contract
13101 E,Broncos Parkway Chris Olsonf Director
Centennial,CO 80112-4558 Safety SeerceS
17.
Subscriber Address
3615 South Elati
Englewood,CO 80110
This agreement constitutes the entire understanding between the parties and shall
MOU/IGAfor Radio Network Page 5’of 6 pages
Page 125 of 191
‘INTERGOVERNMENTALAGREEMENT REGARDING SHARED USE OF
ARAPAHOE COUNTY’SRADIO COMMUNICATIONSNETWORK SYSTEM[And Consolidated Communications Network of Colorado (CCNC)]
supersede all prior negotiations,representations,or agreements whetherwritten or oral.
19.This Agreement may not be modi?ed or amended unless mutually agreed upon,in
writing,by the parties hereto.Unless otherwise agreed in writing,the Agreement and the
interpretationthereof shall be governed by the laws of the State of Colorado.
ATTEST:
City erk—oucrishia A.Ellis 1gn
'
1/M Douglas Garrett
Dat /PrintName
Mayorr
Title
ATTEST:’ARAPAHOE COUNTY,CO
Clerk to the Board
Board of Commissioners
MOU/IGAfor Radio Network Page 6 of 6 pages
Page 126 of 191
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF ARAPAHOE
COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
MOU/IGA for Radio Network Page 1 of 5 pages
This Intergovernmental Agreement (“Agreement”) entered this 1st day of January, 2025, (“Effective
Date”) by and between Arapahoe County, Colorado, (hereinafter the "County") and the City of
Englewood, Colorado, hereinafter referred to as “Subscriber”, hereinafter collectively referred to as
the parties. This Agreement shall be effective for one calendar year from the Effective Date unless
otherwise extended.
WHEREAS, pursuant to the provisions of Sections 29-1-203 C.R.S., and Section 18(2)(a)
of Article XIV of the Colorado Constitution, Governmental entities are authorized to
cooperate and contract with each other for the purpose of intergovernmentally providing
any function, service, or facility authorized to it, and further including authority to provide
for the joint exercise of such function, service, or facilities; and
WHEREAS, in the performance of its governmental functions, the County has obtained a
Digital Trunked Radio System (hereinafter sometimes referred to as “DTRS”) presently
consisting of radio sites containing trunked radio repeaters, related electronic hardware
equipment, software, and towers/antennas; and
WHEREAS, the County operates and maintains the DTRS for an improved radio
communications function for its various governmental functions including law enforcement,
road and bridge, animal control, building inspection, public safety and general governmental
radio communications; and
WHEREAS, the County has integrated their DTRS with the statewide DTRS, which is
managed by the Consolidated Communications Network of Colorado (CCNC), and
migrated all public safety to digital communications for the mutual benefit of all users and
automatic interoperability; and
WHEREAS, the County and Subscriber are each authorized to utilize radio
communications in the performance of their various governmental functions; and
WHEREAS, the parties wish to cooperate in providing such services and equipment now
separately operated by the parties; and
WHEREAS, the parties have determined that this Agreement is necessary, proper and
convenient for the continued fostering and preservation of the public peace, health and
safety, and for providing a more cost effective and efficient use of governmental resources.
NOW, THEREFORE, IT IS AGREED by and between the County and the Subscriber as
follows:
1. The County agrees to permit the Subscriber to utilize the County’s portion of the statewide
DTRS pursuant to the terms and conditions of this agreement. As a partial reimbursement
for the County’s cost in upgrading and maintaining the DTRS, Subscriber shall pay to the
County a one-time user fee in the sum of $325.00 for each serialized device added after
Page 127 of 191
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF ARAPAHOE
COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
MOU/IGA for Radio Network Page 2 of 5 pages
January 1, 2025, and shall be entitled to use a portion of the DTRS needed by Subscriber
for its law enforcement, fire, public works and other governmental purposes, subject to the
terms and conditions of this Agreement. Subscriber shall pay such fee to the County no
later than thirty (30) days after the annual billing in February of the following year. This
fee is applicable to each additional serialized device that is placed on the County’s portion
of the DTRS. Said payment shall be made to Arapahoe County for deposit in the County’s
DTRS Development ("DTRSD") account for use as set forth in paragraph 12.
2. Subject to annual budgeting and appropriation, Subscriber shall also pay an annual
operation and maintenance fee of $50.00 per serialized device. This fee will be billed in
February, for the previous year, and each year thereafter, and shall be due and payable
within thirty (30) days of such billing.
3. The CCNC has made available talk groups from the DTRS for use by Subscriber. A talk
group is generally defined as a computer designated allocation for the routing of
transmitted radio or data messages on a multi-frequency trunked radio system, such as the
DTRS.
4. The County shall obtain any and all permits, certificates and licenses required by any rules,
regulations and laws for the operation of the DTRS. Subscriber will cooperate with the
County, to the extent necessary, in obtaining such permits, certificates and licenses.
5. To the best of its ability, the County shall protect and maintain its portion of the DTRS in
proper operating condition in such a manner that the DTRS services shall be efficiently
rendered to the parties as and when needed.
6. The County agrees to furnish qualified personnel to provide operational control of the
DTRS. Operational control is deemed to include all facets of a communications network,
including, but not limited to, program, transmission, reception, usage and allocation of the
network. Subscriber shall be responsible for purchasing mobile and portable radios
compatible with the DTRS. Subscriber shall also be responsible for the maintenance, repair
and insurance of its radios and equipment needed for use of the DTRS. Subscriber and its
agent(s) agree to operate on the DTRS in accordance with FCC Rules & Regulations,
County Policies and CCNC Policies and Procedures.
7. The County shall pay for all expenses of every kind or nature incurred in the operation of
the DTRS. Subscriber shall not be liable for any debts or liabilities contracted or incurred
by the County or any other entity that may utilize the DTRS.
8. The County shall, at all times, carry and maintain adequate insurance coverage to protect
the properties of the DTRS against fire, loss or other hazards that may impair the
operations.
9. Subscriber is allocated secured communication talk groups. Additional system talk groups
may be requested in writing to the Technical Committee of CCNC.
Page 128 of 191
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF ARAPAHOE
COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
MOU/IGA for Radio Network Page 3 of 5 pages
10. The County may allow other Subscribers to use the DTRS provided such entities enter into
an agreement similar to this Intergovernmental Agreement and whose membership has
been approved by CCNC.
11. Each party to this Agreement and each party to any other agreement with Arapahoe County
for the use of the DTRS shall annually certify the number of radios that it uses as part of
the DTRS by January 1st of each year.
12. The County hereby agrees to separately account for the user fees received and utilize such
monies solely for equipment replacement, enhancements, or the purchase of additional
equipment needed for the DTRS. Any proposed expenditure is subject to the review and
recommendation of the Arapahoe County Sheriff’s Office and approval of the Board of
County Commissioners.
13. Either party may terminate its participation in the DTRS upon at least 60 days written
notice to the other party. In the event of Subscriber’s termination of this agreement under
this paragraph, Subscriber shall not be entitled to any distribution from the DTRSD
account. In the event of the County’s termination of this agreement as to all user(s), the
County shall negotiate with the other user(s) for the purchase of its portion of the DTRS
by the other user(s) and for the assignment or transfer of any license, permits, leases and/or
related agreements associated with the DTRS. Pursuant to any purchase agreement, the
County will transfer the balance of DTRSD account to the purchaser. In the event of mutual
termination by all user(s) of the County’s portion of the DTRS, the balance of the DTRSD
account will be distributed on a pro-rata basis to all users based upon each user’s historical
contribution to the DTRSD account. Subscribers do not have a vested interest in the
DTRSD account.
14. Failure to timely pay the annual operation and maintenance fee, as set forth in paragraph
2, by Subscriber shall be deemed a default of this agreement and grounds for termination
thereof. In such instance, the County may terminate this agreement upon sixty (60) days’
prior written notice to Subscriber and the County may eliminate the transmission capability
of the Subscriber. Subscriber shall not be entitled to any distribution from the DTRSD
Page 129 of 191
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF ARAPAHOE
COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
MOU/IGA for Radio Network Page 4 of 5 pages
account.
15. Notices to be provided under the Agreement shall be given in writing either by hand
delivery, or deposited in the United States Mail, with sufficient postage, to the following:
COUNTY: SUBSCRIBER:
Arapahoe County Sheriff’s Office Commander Vance Fender
13101 E Broncos Pkwy 3615 S Elati St
Centennial, CO 80112-4558 Englewood, CO 80110
16. It is specifically understood and agreed that nothing contained in this paragraph or
elsewhere in this Agreement will be construed as: an express or implied waiver by the
Subscriber of its governmental immunity or of the governmental immunity of the State of
Colorado; an express or implied acceptance by the Subscriber of liabilities arising as a
result of actions which lie in tort or could lie in tort in excess of the liabilities allowable
under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. as amended;
a pledge of the full faith and credit of a debtor contract; or, as the assumption by the
Subscriber of a debt, contract, or liability of the County in violation of Article XI, Section
1 of the Constitution of Colorado.
17. This agreement constitutes the entire understanding between the parties and shall supersede
all prior negotiations, representations, or agreements whether written or oral.
18. This Agreement may not be modified or amended unless mutually agreed upon, in writing,
by the parties hereto. Unless otherwise agreed in writing, the Agreement and the
interpretation thereof shall be governed by the laws of the State of Colorado.
ATTEST: CITY OF ENGLEWOOD
Clerk Signature
Date Print Name
Title
Page 130 of 191
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF ARAPAHOE
COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Network of Colorado (CCNC)]
MOU/IGA for Radio Network Page 5 of 5 pages
ATTEST:
ARAPAHOE COUNTY, CO
Signature Arapahoe County Sheriff
Date:
Page 131 of 191
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Dave Jackson
DEPARTMENT: Police
DATE: June 2, 2025
SUBJECT:
CB 28 - IGA with the State of Colorado to support Englewood
Police Co-Responder program (Grant acceptance)
DESCRIPTION:
This is a grant acceptance in the amount of $297,333.00 from the State of Colorado, Behavioral
Health Administration to further the Englewood Police Department's mental health Co-
Responder program.
RECOMMENDATION:
Staff recommends that City Council approve this ordinance as written.
PREVIOUS COUNCIL ACTION:
None
SUMMARY:
This IGA will allow the Police Department to accept this grant from the State of Colorado,
Department of Human Services, Behavioral Health Administration in the amount of
$297,333.00. This grant was awarded for mental health Co-Responder services. In the past,
this grant was awarded to the Allhealth Network and Allhealth used the grant to offset the
amount they charged the Police Department for Co-Responder services. The State will no
longer award this grant to third parties and will only award directly to the individual law
enforcement agencies. This grant is on the State's financial fiscal year, July-July.
ANALYSIS:
The Police Department is currently under contract with All Health for two full time Co-
Responders. The contract is in effect from February 2025 through July of 2025. That contract
is in the amount of $69,545. The new contract with Allhealth for the remainder of 2025 is in the
amount of $113,226, which is increased due to Allhealth no longer offsetting the contract
amount by the amount of the B.H.A. award.
COUNCIL ACTION REQUESTED:
Staff recommends acceptance of the grant.
FINANCIAL IMPLICATIONS:
The Police Department has budgeted $167,310 for Co-Responder services in 2025. The new
total for these services through 2025 is $182,771. The Police department will use $15,461 in
grant funds to offset this amount. This leaves $281,872 in grant funds through July of 2026.
Page 132 of 191
The Police Department will be presenting a budget enhancement for 2026 to stop outsourcing
Co-Responder services with AllHealth and to bring the Co-Responders and a case manager in
house. P.D. staff will work with Human Resources to solidify the details. Based on current
calculations this amount will be less than $281,872, and the remainder can/will be used to offset
the Police Resource Case Manager salary/benefits.
Brining the Co-Responders and a Case Manager into the Police Department is the current trend
in law enforcement mental health Co-responders. It allows the department to recruit and retain
the most qualified licensed clinicians and case management to continually focus their efforts in
the specific needs of the community.
This grant is not guaranteed each year, however we have received these funds (through
Allhealth) since the inception of our relationship with them, in 2018. The Behavioral Health
Administration does not have any plans of changing the grant structure and intends to continue
distributing these funds in these same amounts for the foreseeable future.
CONNECTION TO STRATEGIC PLAN:
This grant acceptance directly relates to Safety, Governance and Community Wellbeing.
OUTREACH/COMMUNICATIONS:
The Police Department has been in regular communications with members of The Allhealth
Network concerning this grant.
ATTACHMENTS:
Council Bill /Ordinance
Page 133 of 191
1
ORDINANCE COUNCIL BILL NO. 28
NO. __ INTRODUCED BY COUNCIL
SERIES OF 2025 MEMBER PRANGE
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO TO
SUPPORT THE CITY’S CO-RESPONDERS PROGRAM.
WHEREAS, the City of Englewood, Colorado (“City”) is authorized under Article XIV,
Section 18 of the Colorado Constitution and the Colorado Intergovernmental Relationships Act,
C.R.S. § 29-1-201, et seq., to enter into intergovernmental agreements with other governmental
entities to provide cooperative and coordinated services; and
WHEREAS, the City has established a Co-Responders Program to enhance public safety
and community mental health through a partnership between law enforcement officers and
behavioral health professionals; and
WHEREAS, the State of Colorado, acting through the Department of Human Services
Behavioral Health Administration, has awarded the City a cost reimbursement grant in the
maximum amount of Two Hundred Ninety-Seven Thousand Three Hundred Thirty-Three
Dollars ($297,333.00) to support the continued implementation and operation of the Co-
Responders Program; and
WHEREAS, the City Council of the City of Englewood finds that approving the
agreement and accepting the grant funds is in the best interest of the public health, safety, and
welfare of the residents of the City.
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 approves and
authorizes the execution of the Intergovernmental Agreement titled “State of Colorado Department
of Human Services Contract” between the City of Englewood and the State of Colorado for the
support of the Co-Responders Program and acceptance of reimbursement costs in the maximum
amount of $297,333.00, in substantially the same form as attached hereto and incorporated herein
by this reference.
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.
Page 134 of 191
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 by reference or in full in the
City’s official newspaper, the City’s official website, or both. Publication shall be effective upon
the first publication by either authorized method. Manuals, Municipal Code, contracts, and other
documents approved by reference in any Council Bill may be published by reference or in full
on the City’s official website; such documents shall be available at the City Clerk’s office and
in the City Council meeting agenda packet when the legislation was adopted.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal Code
or applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Page 135 of 191
3
Introduced and passed on first reading on the 19th day of May, 2025; and on second reading, in
identical form to the first reading, on the ____ day of _____, 2025.
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 136 of 191
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Curt Osborne, Kevin Engels
DEPARTMENT: Finance
DATE: June 2, 2025
SUBJECT: CB 29 - City Sales Tax Code Update
DESCRIPTION:
City Sales Tax Code Update - Second Reading
RECOMMENDATION:
Staff recommends City Council consider approving a bill for an ordinance amending Title 4
Chapter 4 of the Municipal Code as it relates to City Sales and Use Tax.
PREVIOUS COUNCIL ACTION:
City Council previously directed the City Attorney to review Englewood Municipal Code from
beginning to end, and recommend revisions to--among other things--correct errors, align with
current City practice, and eliminate unnecessary and out-of-date provisions of Municipal Code.
The City Attorney's Office and Finance have reviewed Title 4 of the City's Municipal Code that
relates to sales and use taxes and are making the enclosed recommendations, previously
discussed during a May 5, 2025, study session.
SUMMARY:
While some code changes have happened as needed over the years, it has been many years
since a thorough review of Title 4 of the City's Municipal Code has taken place. During the staff
review of this section of the code several provisions were identified as opportunities for
improvement, correction and alignment with industry best practices.
Pursuant to direction received during the May 5, 2025 study session, the proposed revisions
include a new sales tax exemption for Personal Hygiene Products. This term is defined in the
ordinance, and is included in the sales tax exemption section.
ANALYSIS:
The main goals of these recommended changes are:
Helping businesses better understand and comply with the code.
Strengthening Englewood's home rule authority and aligning the city code with other
Colorado home rule cities when this is in Englewood's best interest.
Clarification of definitions, taxation positions and exemptions which will help city staff
better administer the code.
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Bringing the definition of an Economic Nexus for remote sellers up-to-date to better
protect the city given consumer on-line purchasing preferences.
Proposing an exemption for Essential Hygiene Products.
COUNCIL ACTION REQUESTED:
Staff recommends City Council consider approving a bill for an ordinance amending Title 4
Chapter 4 of the Municipal Code as it relates to City Sales and Use Tax.
FINANCIAL IMPLICATIONS:
The proposed changes are revenue neutral with the exception of the essential hygiene products
exemption. That exemption will reduce city tax collection revenues by between $100,000 to
$300,000 per year based on national age, usage and cost estimates. Since there are no
proposed tax increases, these changes do not require voter approval per TABOR.
CONNECTION TO STRATEGIC PLAN:
Governance: Assist the City to become fiscally accountable, transparent, effective and efficient.
OUTREACH/COMMUNICATIONS:
Outreach to licensed and registered businesses is planned if these changes are approved,
including website content, posting on State of Colorado resources, and direct communication
with Englewood businesses on the city's tax and licensing platform.
ATTACHMENTS:
Council Bill
Proposed Ordinance Presentation
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ORDINANCE NO. ____ COUNCIL BILL NO. 29
SERIES OF 2025 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 4, CHAPTER 4 OF ENGLEWOOD
MUNICIPAL CODE, SALES AND USE TAX
WHEREAS, the City of Englewood is a home rule municipality, organized and existing
under Article XX, Section 6 of the Colorado Constitution and the home rule charter of the City;
and
WHEREAS, sales and use taxation is squarely within the City’s home rule authority; and
WHEREAS, over the course of two years, City staff and multiple taxation outside experts
reviewed the City’s current Title 4, Chapter 4, Sales and Use Tax, and proposed revisions to
improve clarity so that those impacted by the Code may more easily understand and apply it,
update taxation mechanisms to reflect current commercial practices, include best practices from
other Colorado municipality taxation mechanisms, and incorporate standard definitions and
taxation mechanisms as proposed by Colorado Municipal League for consistency among cities;
and
WHEREAS, City Council desires to amend Title 4, Chapter 4, Sales and Use Tax, of the
Englewood Municipal Code to incorporate these recommendations.
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 repeals Title 4, Chapter
4, Sales and Use Tax of the Englewood Municipal Code in its entirety.
Section 2. The City Council of the City of Englewood, Colorado hereby adopts the updated and
revised Title 4, Chapter 4, Sales and Use Tax of the Englewood Municipal Code, attached hereto
as Exhibit 1.
Section 3. The following general provisions and findings apply 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.
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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 under 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 necessary
to implement this Ordinance's provisions.
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.
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EXHIBIT 1
Chapter 4 SALES AND USE TAX
4-4-1: Administration of Tax and License Requirement.
A. The City Manager's designee shall prescribe forms and reasonable rules and regulations for the making of
Returns, the ascertainment, assessment and collection of Taxes imposed, and for proper administration and
enforcement.
B. Any Person Engaged in Business in the City or otherwise storing, using, or consuming Tangible Personal
Property within the City subject to Sales Tax or Use Tax pursuant to this Chapter shall obtain and maintain a
current City License.
C. The following shall be exempt from obtaining a License:
1. Persons holding Garage Sales under EMC § 15-16-2;
2. Informal Business with annual income less than five hundred dollars ($500.00), including lemonade
stands and snow shoveling;
3. Commercial sales associated with not-for-profit fundraising with all monies collected returned to a
parent organization, including scouting organizations and local school fundraisers; and
4. Retailers holding a state-standard retail license that ensures payment of Sales and Use Tax to the
City and who qualify for a general business license free of charge as allowed under certain conditions
of C.R.S. § 39-26-802.9. They may be provided with a City-specific license number for record keeping
and track of Sales and Use Taxes paid.
D. The Licensing Officer shall determine the applicability of an exemption, subject to appeal pursuant to EMC §
4-4-1-6.
4-4-1-1: Application for Sales and Use Tax License.
A. Applications for a License shall be submitted to the Director of Finance's designee (hereinafter "Licensing
Officer") biennially, accompanied by all required fees. Unless an exemption above applies, a separate License
is required for each physical location within the City. The application shall:
1. Be on forms promulgated by the Licensing Officer, including a signed affidavit by the applicant
providing:
a. The name and address of the Person to be designated the licensee;
b. The address to which all official correspondence is to be mailed, and an e-mail address to
receive official notifications from the City (or if there is no e-mail, an additional alternative
method of notification which may be relied upon by the City until the City is notified otherwise
in writing);
c. The name of the Business, including both the name set forth upon any articles of incorporation
and the name under which it is doing business within the City (identified Business location);
d. The address where the Business is located;
e. A general description of the activity to be conducted by the Business;
f. A statement of charitable status and supporting documentation, if applicable;
g. The regular hours of operation of the identified Business location; and
h. Any additional information required by the Licensing Officer or EMC.
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B. Denial or Revocation of License. The Licensing Officer may deny any application, or suspend or revoke a
license as provided in EMC § 5-1-4(D).
4-4-1-2: Duties of Licensing Officer.
A. The Licensing Officer shall have the same duties for this Title as provided in EMC § 5-1-3 for Title 5, and issue
orders to licensees for compliance with this Title.
4-4-1-3: Fees and Terms of License.
A. The non-refundable application fee and other licensing fees shall be set by City Council.
B. Should City Council exempt Charitable Organizations from any fee, request for exemption must be made
with the application for a License. If a Business changes its Charitable Organization legal status, it must apply
for a new License.
C. All filings received in paper format and/or requiring in-office processing shall be assessed an administrative
fee set by City Council.
D. Term. City-issued Licenses shall expire upon the earlier of two (2) years from the date of issuance or:
1. Transfer of the Business to another owner;
2. Transfer of the Business to another location;
3. Any change of name associated with the Business;
4. Any significant change of nature or use of the Business; or
5. The closure of such Business for more than 90 days.
E. Licenses may not be modified or transferred.
4-4-1-4: RESERVED
4-4-1-5: Inspections; Enforcement; Notice.
A. A licensee shall make available all records required to be maintained by the License and this Title , to any
person authorized to enforce this Title.
B. Official notices, including notices of intent to inspect or audit any records, shall be sent to the email address
and/or mailing address provided under EMC § 4-4-1-1. Notice shall be deemed received forty-eight (48)
hours after it was sent.
4-4-1-6: License Hearings, Orders, and Appeals.
A. Upon any violation of this Title, other applicable law or regulation, the Licensing Officer shall issue an order
to the licensee to bring such Business into compliance.
1. The order, and all other notices under this Title, shall notify the licensee of the specific violation(s),
including the citation to the law or regulation, and a short description of the facts of the violation.
2. Before the period of compliance expires as provided within the order, the licensee may appeal the
order, in writing to the Licensing Officer, for an appeal hearing before an administrative hearing
officer.
3. Within fourteen (14) days of receipt, the Licensing Officer shall request the City Clerk assign an
administrative hearing officer.
4. The administrative hearing officer shall schedule an administrative hearing within a reasonable time.
The administrative hearing officer shall make a final decision and issue an order in writing within
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thirty (30) days after the conclusion of the hearing. The decision and order shall be sent by email to
the designated email addresses provided by both parties. An official written copy of the decision and
order shall be mailed to both parties to the designated mailing addresses within twenty-four (24)
hours of sending via email.
5. Either party may appeal the final order of the administrative hearing officer pursuant to Rule
106(4)(a) of the Colorado Rules of Civil Procedure.
B. A denial of a License by the Licensing Officer may be appealed to an administrative hearing officer following
the procedures above.
4-4-2: Definitions.
When used in this Chapter, the following definitions shall apply:
A. Automotive Vehicle means any vehicle or device in, upon, or by which any person or property is or may be
transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air.
Automotive Vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers, or mobile homes.
Automotive Vehicle shall not include devices moved by human power or used exclusively upon stationary rails or
tracks.
B. Business means all activities engaged in or caused to be engaged in with the object of gain, benefit, or
advantage, direct or indirect.
C. Charitable Organization means any entity which: (1) has been certified as a nonprofit organization under
Section 501(c)(3) of the Internal Revenue Code; and (2) is an organization which exclusively, and in a manner
consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and
voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby lessens the
burden of government.
D. Claim for Recovery means a claim for reimbursement of Sales and Use Taxes paid to the wrong taxing
jurisdiction.
E. Collection Costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings,
execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, City staff time, prosecution and
attorney fees.
F. Commercial Packaging Materials means containers, labels, and/or cases, that become part of the finished
product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling,
jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for
reuse. Commercial Packaging Materials do not include Commercial Shipping Materials.
G. Construction Equipment means any equipment, including Mobile Machinery and mobile equipment,
which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real
property, building, structure or infrastructure.
H. Construction Materials means Tangible Personal Property which, when combined with other Tangible
Personal Property, loses its identity to become an integral and inseparable part of a structure or project including
public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt,
bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace
inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber,
macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty,
reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile,
trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting
and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other
items which do not remain as an integral and inseparable part of completed structure or project are not
Construction Materials.
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I. Consumer means any Person in the City who Purchases, uses, stores, distributes or otherwise consumes
Tangible Personal Property or Taxable Services, Purchased from sources inside or outside the City.
J. Contractor means any Person who shall build, construct, reconstruct, alter, expand, modify, or improve
any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant
to an agreement; also includes subcontractor(s).
K. Digital Product means an electronic product including, but not limited to: (1) "digital images" which
means works that include, but are not limited to, the following that are generally recognized in the ordinary and
usual sense as "photographs," "logos," "cartoons," or "drawings"; (2) "digital audio-visual works" which means a
series of related images which, when shown in succession, impart an impression of motion, together with
accompanying sounds, if any; (3) "digital audio works" which means works that result from the fixation of a series
of musical, spoken, or other sounds, including ringtones. For purposes of the definition of "digital audio works,"
"ringtones" means digitized sound files that are downloaded onto a device and that may be used to alert the
customer with respect to a communication; and (4) "digital books" which means works that are generally
recognized in the ordinary and usual sense as "books."
L. Distribution means the act of distributing any article of Tangible Personal Property for use or
consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers guides,
catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales
of other commodities or services.
M. Economic Nexus means the connection between the City and a Person not having a physical nexus in the
State of Colorado, which connection is established when the Person or Marketplace Facilitator makes Retail Sales
into the City, and:
1. In the previous calendar year, the Person or Marketplace Facilitator has made Retail Sales into the state
exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended; or
2. In the current calendar year, 90 days have passed following the month in which the Person or Marketplace
Facilitator has made Retail Sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as
amended.
This definition does not apply to any Person who is doing business in this state but otherwise applies to any
other Person.
N. Engaged in Business in the City means performing or providing services or selling, leasing, renting,
delivering or installing Tangible Personal Property for Storage, use or consumption, within the City. Engaged in
Business in the City includes, but is not limited to, any one (1) of the following activities by a Person: (1) directly,
indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of Business
within the taxing jurisdiction; (2) sends one (1) or more employees, agents or commissioned sales persons into the
taxing jurisdiction to solicit Business or to install, assemble, repair, service, or assist in the use of its products, or for
demonstration or other reasons; (3) maintains one (1) or more employees, agents or commissioned sales persons
on duty at a location within the taxing jurisdiction; (4) owns, leases, rents or otherwise exercises control over real
or personal property within the taxing jurisdiction; (5) Retailer in the state of Colorado that makes more than one
delivery into the City within a twelve month period; or (6) makes Retail Sales sufficient to meet the definitional
requirements of Economic Nexus.
O. Essential Hygiene Products means incontinence products, diapers, and period products consisting of
absorbent cloth or disposable products worn by a human who is incapable of, or has difficulty, controlling their
bladder or bowel movements and consumer products used to manage menstruation.
P. Food For Home Consumption means food for domestic home consumption as defined in 7 U.S.C. §
2012(k), as amended, for purposes of the supplemental nutrition assistance program, or any successor program, as
defined in 7 U.S.C. § 2012(t), as amended; except that "food" does not include carbonated water marketed in
containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and
unpackaged cold sandwiches; deli trays; or hot or cold beverages served in unsealed containers or cups that are
vended by or through machines or non-coin-operated coin collecting food and snack devices on behalf of a
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Retailer.
Q. Gross Sales means the total amount received in money, credit, property or other consideration valued in
money for all sales, leases, or rentals of Tangible Personal Property or services.
R. License means a City of Englewood sales and/or use tax license.
S. Lodging Services means the furnishing of rooms or accommodations by any Person or combination of
Persons to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel,
inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer
coach, mobile home, auto camp, or trailer court and park, short term rental, or similar establishment, under any
concession, permit, right of access, license to use, or other agreement, or otherwise.
T. Machinery means any apparatus consisting of interrelated parts used to produce an article of Tangible
Personal Property. The term includes both the basic unit and any adjunct or attachment necessary for the basic
unit to accomplish its intended function.
U. Manufactured Home means any pre-constructed building unit or combination of pre-constructed building
units, without motive power, where such unit or units are manufactured in a factory or at a location other than the
residential site of the completed home, which is designed and commonly used for occupancy by persons for
residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a
vehicle; includes a modular home.
V. Manufacturing means the operation or performance of an integrated series of operations which places a
product, article, substance, commodity, or other Tangible Personal Property in a form, composition or character
different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form,
composition or character must result in a different product having a distinctive name, character or use from the
raw or prepared materials.
W. Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an
internet website, a catalog, or a dedicated sales Software application, where Tangible Personal Property, taxable
products or Taxable Services are offered for sale.
X. Marketplace Facilitator means a Person who:
1. Contracts with a Marketplace Seller or Multichannel Seller to facilitate for consideration, regardless
of whether or not the consideration is deducted as fees from the transaction, the sale of the
Marketplace Seller's Tangible Personal Property, products, or services through the Person's
Marketplace;
2. Engages directly or indirectly, through one or more affiliated Persons, in transmitting or otherwise
communicating the offer or acceptance between a Purchaser and the Marketplace Seller or
Multichannel Seller; and
3. Either directly or indirectly, through agreements or arrangements with third parties, collects the
payment from the Purchaser on behalf of the seller.
Marketplace Facilitator does not include a Person that exclusively provides internet advertising services or
lists products for sale, and that does not otherwise meet this definition.
Y. Marketplace Seller means a Person, regardless of whether the Person is Engaged in Business in the City,
who has an agreement with a Marketplace Facilitator and offers for sale Tangible Personal Property, products or
services through a Marketplace owned, operated, or controlled by a Marketplace Facilitator, and through other
means.
Z. Medical Marijuana means marijuana acquired, possessed, cultivated, manufactured, delivered,
transported, supplied, sold, or dispensed to a person who qualifies as a patient with a debilitating medical
condition(s) under Article XVIII, Section 14, of the Colorado Constitution, and which person holds a valid "registry
identification card" issued by the State of Colorado pursuant to Colorado Constitution, Article XVIII, Section 14.
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AA. Medical Supplies means Prescription Drugs for Animals, Prescription Drugs for Humans, Prosthetic Devices
for Animals, Prosthetic Devices for Humans, and special beds for patients with neuromuscular or similar
debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a
prescription or other written directive issued by a licensed practitioner of medicine, dentistry, or podiatry;
corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct,
personal use of a specific individual in accordance with a prescription or other written directive issued by a
licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of
a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid
batteries, insulin, insulin measuring and injecting devices, glucose to be used for treatment of insulin reactions,
and human whole blood, plasma, blood products and derivatives. Medical Supplies excludes items purchased for
use by medical and dental practitioners or medical facilities in providing their services, even though certain of
those items may be packaged for single use by individual patients after which the item would be discarded.
BB. Mobile Machinery and Self-Propelled Construction Equipment means those vehicles, self-propelled or
otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways,
and those motor vehicles which may have originally been designed for the transportation of persons or cargo over
the public highways, and those motor vehicles which may have originally been designed for the transportation of
persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or
Machinery, and which may be only incidentally operated or moved over the public highways. This definition
includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of
roadways, the drilling of wells, and the digging of ditches.
CC. Motor Fuel means gasoline, casing head or natural gasoline, benzol, benzene and naphtha, gasohol and
any other liquid prepared, advertised, offered for sale, sold for use or used or commercially usable in internal
combustion engines for the generation of power for the propulsion of motor vehicles upon the public highways.
The term does not include fuel used for the propulsion or drawing of aircraft or railroad cars or railroad
locomotives.
DD. Multichannel Seller means a Retailer that offers for sale Tangible Personal Property, commodities, or
services through a Marketplace owned, operated, or controlled by a Marketplace Facilitator, and through other
means.
EE. Newspaper means a publication, printed on newsprint, intended for general circulation, and published
regularly at short intervals, containing information and editorials on current events and news of general interest.
The term Newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising
inserts, circulars, directories, maps, racing programs, reprints, Newspaper clipping and mailing services or listings,
publications that include an updating or revision service, or books or pocket editions of books.
FF. Person means any individual, firm, partnership, joint venture, corporation, limited liability company,
estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity,
whether appointed by court or otherwise, or any group or combination acting as a unit.
GG. Prescription Drugs for Animals means a drug which, prior to being dispensed or delivered, is required by
the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the
symbol “Rx Only”, and is dispensed in accordance with any order in writing, dated and signed by a licensed
veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on
the label.
HH. Prescription Drugs for Humans means a drug which, prior to being dispensed or delivered, is required by
the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the
symbol “Rx Only”, and is dispensed in accordance with any written or electronic order dated and signed by a
licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the
pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the
patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label.
II. Price or Purchase Price means the aggregate value measured in currency paid or delivered or promised to
be paid or delivered in consummation of a sale, without any discount from the price on account of the cost of
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materials used, labor or service cost, and exclusive of any direct Tax imposed by the federal government or by this
Title, and, in the case of all Retail Sales involving the exchange of property, also exclusive of the fair market value
of the property exchanged at the same time and place of the exchange, if: (1) such exchanged property is to be
sold thereafter in the usual course of the Retailer's Business; or (2) such exchanged property is a vehicle and is
exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the
laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation
vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the
exchanged property is subject to Tax.
Price or Purchase Price includes:
1. The amount of money received or due in cash and credits.
2. Property at fair market value taken in exchange but not for resale in the usual course of the Retailer’s
Business.
3. Any consideration valued in money, whereby the manufacturer or someone else reimburses the
Retailer for part of the purchase price and other media of exchange.
4. The total price charged on credit sales including finance charges which are not separately stated at
the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not
part of the purchase price unless the amount added to the purchase price is included in the principal
amount of a promissory note; except the interest or carrying charge set out separately from the
unpaid balance of the purchase price on the face of the note is not part of the purchase price. An
amount charged for insurance on the property sold and separately stated at the time of sale is not
part of the purchase price.
5. Installation, applying, remodeling or repairing the property, and wheeling-in charges included in the
purchase price and not separately stated.
6. Transportation and other charges to effect delivery of Tangible Personal Property to the purchaser.
7. Indirect federal manufacturers' excise Taxes, such as Taxes on automobiles, tires and floor stock.
8. The gross purchase price of articles sold after Manufacturing or after having been made to order,
including the gross value of all the materials used, labor and service performed and the profit
thereon.
Price or Purchase Price shall not include:
1. Any Sales or Use Tax imposed by the State of Colorado or by any political subdivision thereof.
2. The fair market value of property exchanged if such property is to be sold thereafter in the Retailers'
usual course of Business. This is not limited to exchanges in Colorado. Out of state trade-ins are an
allowable adjustment to the purchase price.
3. Discounts from the original price if such discount and the corresponding decrease in Sales Tax due
is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the
manufacturer or someone else. An anticipated discount to be allowed for payment on or before a
given date is not an allowable adjustment to the price in reporting Gross Sales.
JJ. Prosthetic Devices for Animals means any artificial limb, part, device or appliance for animal use which
replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a
particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include, but are not limited to,
prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen
concentrators with related accessories.
KK. Prosthetic Devices for Humans means any artificial limb, part, device or appliance for human use which
replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a
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particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include, but
are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances,
and oxygen concentrators with related accessories.
LL. Purchase or Sale means the acquisition for any consideration by any Person of Tangible Personal Property,
other taxable products or Taxable Services that are purchased, leased, rented, or sold. These terms include capital
leases, installment and credit sales, and property and services acquired by:
1. Transfer, either conditionally or absolutely, of title or possession or both to Tangible Personal
Property, other taxable products, or Taxable Services;
2. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use
Tangible Personal Property, other taxable products, or Taxable Services;
3. Performance of Taxable Services; or
4. Barter or exchange for other Tangible Personal Property, other Taxable products, or Services.
The terms "Purchase" and "Sale" do not include:
1. A division of partnership assets among the partners according to their interests in the partnership;
2. The transfer of assets of shareholders in the formation or dissolution of professional corporations,
if no consideration including, but not limited to, the assumption of a liability is paid for the transfer
of assets;
3. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of
assets;
4. A transfer of a partnership or limited liability company interest;
5. The transfer of assets to a commencing or existing partnership or limited liability company, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of
assets; or
6. The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder.
MM. Realty means land and anything fixed, immovable, or permanently attached to it such as buildings, walls,
fixtures, improvements, roads, trees, shrubs, fences, sewers, structures, and utility systems.
NN. Resident means a person who resides or maintains one or more places of Business within the City,
regardless of whether that person also resides or maintains a place of Business outside of the City.
OO. Retail Sales means all Sales except Wholesale Sales.
PP. Retailer or Vendor means any Person selling, leasing, renting, or granting a license to use Tangible
Personal Property or services at retail. Retailer shall include, but is not limited to, any:
1. Auctioneer;
2. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of
or obtains such property or services sold from a dealer, distributor, supervisor or employer;
3. Charitable organization or governmental entity which makes sales of Tangible Personal Property to
the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or
donation or that the proceeds are to be used for charitable or governmental purposes;
4. Retailer-Contractor, when acting in the capacity of a seller of building supplies, Construction
Materials, and other Tangible Personal Property;
5. Marketplace Facilitator, a Marketplace Seller, and a Multichannel Seller; or
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6. Any Person furnishing or selling Lodging Services.
QQ. Retailer-Contractor means a Contractor who is also a Retailer of building supplies, construction materials,
or other Tangible Personal Property, and purchases, manufactures, or fabricates such property for sale (which may
include installation), repair work, time and materials jobs, and/or lump sum contracts.
RR. Return means any form prescribed by the City for computing and reporting a total tax liability.
SS. Sales or Sales, see the definition or Purchase or Sale above.
TT. Sales Tax means the Tax that is collected or required to be collected and remitted by a Retailer on Sales
taxed under this Title.
UU. School means a public or nonpublic school for students in kindergarten through 12th grade or any portion
thereof.
VV. Software Program means a sequence of instructions that can be measured, interpreted and executed by
an electronic device (e.g., a computer, tablets, smart phones) regardless of the means by which it is accessed or
the medium of conveyance. Software program includes: (1) custom software program, which is a software
program prepared to the special order or specifications of a single customer; (2) pre-written software program,
which is a software program prepared for sale or license to multiple users, and not to the special order or
specifications of a single customer. Pre-written software is commonly referred to as "canned," "off-the-shelf
("COTS")," "mass produced" or "standardized;" (3) modified software, which means pre-written software that is
altered or enhanced by someone other than the purchaser to create a program for a particular user; or (4) the
generic term "software," "software application," as well as "updates," "upgrades," "patches," "user exits," and any
items which add or extend functionality to existing software programs.
WW. Software as a Service means software that is rented, leased or subscribed to from a provider and used at
the Consumer's location, including but not limited to applications, systems or programs.
XX. Software License Fee means a fee charged for the right to use, access, or maintain Software Programs.
YY. Software Maintenance Agreement means an agreement, typically with a software provider, that may
include: (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including
code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities
loaded into existing software; or (3) technical support.
ZZ. Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any
length of time, Tangible Personal Property not while in transit but on a stand still basis for future use when leased,
rented or Purchased at retail from sources either within or without the City from any Person or Retailer.
AAA. Tangible Personal Property means personal property that can be one or more of the following: seen,
weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to
the senses.
BBB. Tax means the Use Tax due from a Consumer or the Sales Tax due from a Retailer or the sum of both due
from a Retailer who also consumes.
CCC. Tax Deficiency means any amount of Tax, penalty, interest, or other fee that is not reported and/or not
paid on or before the date that any Return or payment of the Tax is required under the terms of this Chapter.
DDD. Taxable Sales means Gross Sales less any exemptions and deductions specified in this Chapter.
EEE. Taxable Services means services subject to Tax pursuant to this Chapter.
FFF. Taxpayer means any Person obligated to collect and/or pay Tax under the terms of this Chapter.
GGG. Telecommunications Service means the service of which the object is the transmission of any two-way
interactive electronic or electromagnetic communications including but not limited to voice, image, data and any
other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio
wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including any form of mobile two-
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way communication.
HHH. Total Tax Liability means the total of all Tax, penalties and/or interest owed by a Taxpayer and shall
include Sales Tax collected in excess of such Tax computed on total Sales.
III. Use means the exercise, for any length of time by any Person within the City of any right, power or
dominion over Tangible Personal Property or services when rented, leased or Purchased at retail from sources
either within or without the City from any Person or Retailer or used in the performance of a contract in the City
whether or not such Tangible Personal Property is owned by the Taxpayer. Use also includes the withdrawal of
items from inventory for consumption.
JJJ. Use Tax means the Tax paid or required to be paid by a Consumer for using, storing, distributing or
otherwise consuming Tangible Personal Property or Taxable Services inside the City.
KKK. Wholesale Sales means a sale by Wholesalers to Retailers, jobbers, dealers, or other Wholesalers for
resale and does not include a sale by Wholesalers to users or Consumers not for resale; latter types of Sales shall
be deemed to be Retail Sales and shall be subject to the provisions of this Chapter.
LLL. Wholesaler means any Person doing an organized wholesale or jobbing Business and selling to Retailers,
jobbers, dealers, or other Wholesalers, for the purpose of resale, and not for Storage, Use, consumption, or
Distribution.
4-4-3: Purpose of Tax, Distribution of Proceeds.
The City Council hereby declares that the purpose of the levy of the Taxes imposed by this Chapter is for the
raising of funds for payment of the general operating expenses of the City and for capital improvements; provided,
however, that all of those revenues derived on the Use, consumption or Storage of those items contained in EMC §
4-4-5-3(B) (Automotive Vehicles, trailers, building materials and supplies) shall be segregated, held apart and
deposited into a separate capital improvement account and shall be used solely to fund and finance the capital
improvements of the City.
4-4-4: Sales Tax Imposed.
4-4-4-1: Taxable Items.
The Tax under EMC § 4-4-4-2 shall be collected and paid upon:
A. The Purchase Price paid or charged upon all Retail Sales and Purchases of Tangible Personal Property,
and products within the City.
B. The Purchase Price paid or charged for the Sale or furnishing of Telecommunications Services,
electricity, steam heat or gas services.
C. The Purchase Price paid or charged for food or drink prepared for immediate consumption.
D. The Purchase Price paid or received for Lodging Services.
E. The Purchase Price paid for Software Programs, Software as a Service, Software License Fees, and
Software Maintenance Agreements.
4-4-4-2: Sales Tax Levy.
A. A Tax of three and eighty-hundredths (3.8%) percent is imposed and levied upon all taxable items described
in EMC § 4-4-4-1.
B. The following Taxes are hereby levied upon the rental fee, Price, or other consideration paid or received for
Sales of Lodging Services:
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1. The Sales Tax in in subsection A above; plus
2. Two percent (2%) of the Purchase Price.
C. Retailers shall add Taxes imposed to the Sale or charge of the item sold, showing such Tax as a separate and
distinct item, and, when added, such Tax shall constitute a part of such Price or charge, shall be a debt from
the Purchaser to the Retailer until paid, and shall be recoverable at law in the same manner as other debts.
4-4-4-2A: Sales Tax upon the Sale of Retail Marijuana.
A. The Sale of retail marijuana shall be subject to an additional Sales Tax of three and one-half percent
(3.5%), that may be raised up to one and one-half percent (1.5%) per year to a maximum additional Sales Tax of
fifteen percent (15%). Tax revenues so collected shall fund local law enforcement, educational programs and other
City general operating expenses.
B. To implement Initiated Ballot Issue 300, 2016, the annual proposed City budget shall include a one and
one-half percent (1.5%) annual increase in the additional Sales Tax imposed upon the sale of retail marijuana, up to
a maximum of fifteen percent (15%). The City Council may modify the annual additional Sales Tax increase as part
of the annual budgeting process. Approval of the annual budget will include approval of the Sales Tax rate for retail
marijuana.
4-4-4-3: Exemptions to Sales Tax.
A. The Sale of the following are exempt from the Tax imposed by EMC § 4-4-4-2:
1. Automotive Vehicles, trailers and semi-trailers, registered outside of the City.
2. Sales of Tangible Personal Property where:
a. The Sales are to parties who are Residents of, or doing Business in, the State of Colorado, but
outside the City; and
b. The articles Purchased are delivered to the Purchaser outside of the City by common carrier,
conveyance by the seller or by mail.
3. Sales of Motor Fuel.
4. Sales of Medical Supplies.
5. Sales of Food for Home Consumption.
6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common
carrier operating in interstate commerce as the ultimate Consumer thereof.
7. Sale of Construction Materials, if such materials are picked up by the Purchaser and if the Purchaser
of such materials presents to the Retailer a building permit or other documentation acceptable to
the City evidencing that a local Use Tax has been paid or is required to be paid, or that such Purchaser
presents a building permit or other documentation acceptable to the City evidencing that such
Purchaser is exempt from payment of Use Tax pursuant to EMC § 4-4-5-2.
8. Sales of Newspapers and magazines.
9. Sales of Tangible Personal Property at a Garage Sale in compliance with EMC § 15-16-2.
10. Commercial packaging materials.
11. Sales of cigarettes, including any product defined by C.R.S. § 39-28-202(4), as amended.
12. Sales of Lodging Services provided to any natural person for a period of more than thirty (30)
consecutive days.
13. The retail delivery fee consisting of the community access retail delivery fee imposed in C.R.S. § 24-
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38.5- 303(7), the clean fleet retail delivery fee imposed in C.R.S. § 25-7.5-103(8), the clean transit retail
delivery fee imposed in C.R.S. § 43-4-1203(7), the retail delivery fee imposed in C.R.S. § 43-4-218(3), the
bridge and tunnel retail delivery fee imposed in C.R.S. § 43-4-805 (5)(g.7), and the air pollution mitigation
retail delivery fee imposed in C.R.S. § 43-4- 1303(8), as such sections existed on June 17, 2021.
14. The carryout bag fee imposed in C.R.S. § 25-17-505, as such section existed on July 6, 2021.
15. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the
entire Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject
to the payment of Sales or Use Tax under this Chapter, is exempt from taxation under this Chapter.
16. All sales to the United States government, to the state, its departments and institutions, and the political
subdivisions thereof that are:
a. Billed directly to such governmental entities;
b. Paid directly from funds of such governmental entities; and
c. Used exclusively by such governmental entities in their governmental capacities.
17. All sales to charitable organizations that are:
a. Billed directly to the charitable organization;
b. Paid directly from funds of the charitable organization; and
c. Used exclusively for the charitable organization's organizational or operational purposes.
18. The City's Sales Tax shall not apply to the sale of Tangible Personal Property at retail or the
furnishing of services if the transaction was previously subjected to a Sales or Use Tax properly and
proportionately imposed on the Purchaser or user by another municipality equal to or in excess of the Sales
Tax levied in EMC § 4-4-4-2. A credit shall be granted against the City's Sales Tax with respect to such
transaction equal in amount to the lawfully imposed local Sales or Use Tax previously paid by the Purchaser
or user to another municipality. The amount of the credit shall not exceed the Sales Tax rate in EMC § 4-4-
4-2. For the transactions consummated on or before January 1, 2023, the credit applicable to the
exemptions above shall not exceed three and one-half percent (3.50%).
19. Sales of Essential Hygiene Products.
B. Burden of Proving Exemptions; Disputes. The burden of proof that any Retailer is exempt from collecting a
Tax upon any goods sold and paying the same to the City, or from making Return for the same, shall be on
the Retailer under such reasonable requirements of proof as the City may prescribe. Should a dispute arise
between any Purchaser and seller as to whether or not any Retail Sale is exempt from taxation hereunder,
the seller shall, nevertheless, collect and the Purchaser shall pay such Tax; and the seller shall thereupon
issue to the Purchaser a receipt, or certificate, on forms prescribed by the City showing the names of the
seller and Purchaser, the items Purchased, the date, Price, amount of Tax paid, and a brief statement of the
claim of exemption. Thereafter the Purchaser may apply to the City for a refund of such Taxes and the City
shall determine the question of exemption. In any case where the City refunds any Taxes, it may collect from
the Retailer the amount of Taxes retained by them as a fee attributable to the transaction.
4-4-4-4: Reserved.
4-4-4-5: Reserved.
4-4-4-6: Books and Records Kept.
Every Taxpayer or other Person liable to the City for Sales or Use Tax under this Chapter, including
Taxpayers and other Persons that apply or that are required to apply for a permit to improve Realty, shall keep
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and preserve for a period of four (4) years from the date the Tax is due such books, accounts and records,
including, without limitation, original Sales and Purchase records, as may be necessary to determine the amount
of Tax that the Taxpayer or other Person is liable to pay or collect, and all such books, accounts and records shall
be open for examination at any time by the City. Upon demand by the Finance Director’s designee, the Taxpayer
shall make the books, invoices, accounts or other records it maintains available as directed by the City for
examination, inspection and audit. The Taxpayer shall maintain its books, invoices, accounts or other records
until the examination, inspection and audit is complete.
4-4-4-7: Sales Tax Returns.
A. Every Person required to obtain a License under this Chapter shall file a Sales Tax Return, with payment of
Tax owed through the means directed by the City, no later than the twentieth (20th ) day of each month for
the preceding calendar month; if, however, reports of Sales made on a calendar monthly basis will impose
undue hardship, the Finance Director may, upon request of said Retailer and in the Director’s sole discretion,
accept reports at alternative intervals if it will not jeopardize the collection of the Tax.
B. All other Persons shall pay to the Finance Director’s designee the amount of any Tax due under this Chapter
no later than thirty (30) days after the date said Tax becomes due.
C. All License applications, Returns and payments under this Chapter received in paper format and/or requiring
in-office processing shall be assessed an administrative fee set by City Council.
4-4-4-8: Retailer Responsibilities.
A. Retailer responsibility for collection of Tax. Every Retailer Engaged in Business and selling at retail shall be
liable and responsible for the collection of an amount equivalent to the amount of the Tax imposed by this
Chapter computed on the total of all sales made by the Retailer of taxable Tangible Personal Property,
products or services.
B. Retailer responsibility for remittance of Tax. Every Retailer obligated to collect and/or pay any of the Tax
imposed by this Chapter shall file a return and remit the total amount due to the City in accordance with
EMC § 4-4-4-7.
C. Timely payment evidence; computation of dates.
1. Timely payment may be evidenced by the transaction processing date, or the postmark date if
mailed. Payments processed by the Finance Department or tax portals or postmarked on or before
the due date will be considered timely.
2. Any due date, payment date or deadline for paying tax due, providing information or taking other
action which falls on a Saturday, Sunday or legal holiday recognized by either the federal government
or the State shall be extended to the first business day following such weekend or holiday.
D. Every Retailer shall be responsible for verifying the address of the Sale to determine the correct jurisdiction
to which the Taxes are owed.
1. Street Guide. The City shall make available to any requesting vendor a street guide showing the
boundaries of the City. A Retailer may rely on the most current version of such street guide in
determining whether to collect a City Sales Tax or Use Tax or both. No penalty shall be imposed or
action for Tax Deficiency maintained against such a Retailer who in good faith complies with the most
recent version of the street guide available to it.
2. Electronic Database—Address Locator.
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i. Any Retailer that collects and remits Sales Tax to the City may use an electronic database of
state addresses certified by the State Department of Revenue pursuant to C.R.S. § 39-26-
105.3 to determine the jurisdictions to which Tax is owed.
ii. Any Retailer that uses said electronic database for this purpose shall be held harmless for
any Tax, penalty, or interest owed the City but unpaid in good faith due to an error in the
database, provided the Retailer used the most current information available in such
database on the date the Sale(s) occurred. Each Retailer shall have the burden to prove it
used the most current information available in the electronic database on the date the
Sale(s) occurred. This subsection shall not apply to errors resulting from a deceptive or false
representation, fraud or negligence.
4-4-4-9: Marketplace Sales.
A. A Marketplace Seller, with respect to Sales of Tangible Personal Property, products, or services made in or
through a Marketplace Facilitator’s Marketplace, does not have the liabilities, obligations, or rights of a
Retailer under this Title if the Marketplace Seller can show that such Sale was facilitated by a Marketplace
Facilitator:
1. With whom the Marketplace Seller has a contract that explicitly provides that the Marketplace
Facilitator will collect and remit Sales Tax on all Sales subject to Tax under this Title; or
2. From whom the Marketplace Seller requested and received in good faith a certification that the
Marketplace Facilitator is registered to collect Sales Tax and will collect Sales Tax on all Sales
subject to Tax under this Title made in or through the Marketplace Facilitator’s Marketplace.
B. If a Marketplace Seller makes a Sale that is not facilitated by a licensed Marketplace Facilitator in a
Marketplace, the Marketplace Seller is subject to all of the same licensing, collection, remittance, filing
and recordkeeping requirements as any other Retailer.
C. Auditing. With respect to any Sale, the City shall audit solely the Marketplace Facilitator for Sales made by
Marketplace Sellers or Multichannel Sellers but facilitated by the Marketplace. The City will not audit or
otherwise assess Tax against Marketplace Sellers or Multichannel Sellers for Sales facilitated by a
Marketplace Facilitator.
4-4-5: Use Tax Imposed.
4-4-5-1: Tax on Storage, Consumption and Use.
Every person who Stores, Uses, Distributes or consumes in the City any article of Tangible Personal Property,
product, or any service subject to the provisions of this Chapter is exercising a taxable privilege. The rate of Tax
shall be equal to the rate imposed in EMC § 4-4-4-2.
4-4-5-2: Exemptions to Use Tax.
A. The Tax levied by EMC § 4-4-5-1 is supplementary to the Tax levied by EMC § 4-4-4-2, and the following
transactions shall be exempt therefrom:
1. The Storage, Use or consumption of personal property, the Sale of which is subject to Sales Tax levied
by EMC § 4-4-4-2.
2. The Storage, Use or consumption of any Tangible Personal Property Purchased for resale to the City,
either in its original form or as an ingredient of a manufactured or compounded product, in the
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regular course of a Business.
3. The Storage, Use or consumption of Motor Fuel upon which there has accrued, or has been paid,
the Motor Fuel Tax prescribed by the Colorado Motor Fuel Tax Law of 1933, C.R.S. § 39-27-101 et
seq., as amended.
4. The Storage, Use or consumption of Tangible Personal Property acquired when the user or Consumer
thereof was not a Resident of the City; provided its Use or consumption is for the benefit of said user
or Consumer.
5. Storage, Use or consumption by the United States government, to the state, its departments and
institutions, and the political subdivisions thereof that are:
a. Billed directly to such governmental entities;
b. Paid directly from funds of such governmental entities; and
c. Used exclusively by such governmental entities in their governmental capacities.
6. Storage, Use or consumption by Charitable Organizations that are:
a. Billed directly to the Charitable Organization;
b. Paid directly from funds of the Charitable Organization; and
c. Used exclusively for the Charitable Organization's organizational or operational purposes.
7. The Storage, Use or consumption of Tangible Personal Property by a Person engaged in the Business
of Manufacturing, compounding for sale, profit or Use, any article, substance or commodity, when
Tangible Personal Property:
a. Is actually and factually transformed by the process of manufacture;
b. Becomes by the Manufacturing process a necessary and recognizable ingredient, component
or constituent part of the finished product; and
c. Its physical presence in the finished product is essential to the Use thereof in the hands of the
ultimate Consumer.
8. The Storage of Construction Materials.
9. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the entire
Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject to the
payment of Sales or Use tax under this Chapter, is exempt from taxation under this Chapter.
B. The City's Use Tax shall not apply to the sale of Tangible Personal Property at retail or the furnishing of
services if the transaction was previously subjected to a Sales or Use Tax properly and proportionately
imposed on the Purchaser or user by another municipality equal to or in excess of the Sales Tax levied in EMC
§ 4-4-4-2. A credit shall be granted against the City's Use Tax with respect to such transaction equal in
amount to the lawfully imposed local Sales or Use Tax previously paid by the Purchaser or user to another
municipality. The amount of the credit shall not exceed the Sales Tax rate in EMC § 4-4-4-2. For transactions
consummated on or before January 1, 2023, the credit applicable to the exemptions above shall not exceed
three and one-half percent (3.50%).
C. The City's Use Tax shall not be imposed on the Use or consumption of Tangible Personal Property within the
City which occurs more than three (3) years after the most recent Sale of the property subject to any sales
tax within the State, if, within the three (3) years following such Sale, the property has been significantly
used within the State for the principal purposes for which it was Purchased.
D. Nothing herein shall exempt from the Tax levied by EMC § 4-4-5-3(B) the Storage, Use or consumption of any
Tangible Personal Property to be used by a Contractor for the construction of an improvement for any entity
enumerated in subsection (A)(5) above, except any Tangible Personal Property to be used by a Contractor for
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construction projects associated with any capital improvement project of any public school district, for which
bond financing has been approved by majority vote of the applicable electors of such public school district,
shall be exempt. All costs associated with municipal infrastructure projects connected to such school district
construction project(s) will be the responsibility of the public school district, and will be completed in
conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering,
utilities, and roadway access.
4-4-5-3: Payment and Collection of Use Tax.
A. Payment of Tax:
1. The Return filed under EMC § 4-4-4-7 by all Persons required to obtain a License under this Chapter
shall include information required by the City to accurately compute the amount of Use Tax due from
said Retailer for Purchases made by such Retailer for which Use Tax applies and is due at the same
frequency and on the same Return with any Sales Taxes required to be remitted.
2. All other Persons shall pay to the City the amount of any Tax due under this Section, not later than
thirty (30) days after the date said Tax becomes due.
B. Payment and Collection on Specific Items:
1. Automotive Vehicles: A Return shall be filed and Use Tax shall be paid by any Person purchasing any
new or used Automotive Vehicle, trailer or semi-trailer outside the City, with the intent to register
the same at an address inside the City, prior to registering and obtaining license plates therefor.
2. Construction Materials:
a. Any Person who shall build, construct or improve any building, dwelling or other structure or
improvement to Realty whatsoever (including but not limited to structures, and site work such as
landscaping, utility infrastructure, curb/gutter installation, parking lot resurfacing, etc.) within the
City shall pay as a deposit for payment of the Tax levied by EMC § 4-4-5-1 an amount equal to one
of the following: three and eighty-hundredths percent (3.8%) of fifty percent (50%) of the
estimated cost or total contract Price of the structure improvement or three and eighty-
hundredths (3.8%) of forty percent (40%) of the estimated cost of the improvement to Realty
(other than to the structure).
b. Payment of the deposit shall be made upon the application for any necessary permit to undertake
the activities described above.
c. If the estimated cost or the total contract Price of the improvement to Realty is in excess of three
million dollars ($3,000,000.00) or a higher amount set by City Council, the City Manager’s designee
upon request and in their sole discretion, may authorize a waiver of said deposit and instead accept
payment of Use Tax at set intervals, based upon actual Purchases of materials, supplies and
equipment for such Tax may be due, subject to City adopted regulations.
d. Within sixty (60) days of the date of final inspection by the City’s building official, if no certificate
of occupancy will be issued, or on the date the certificate of occupancy is issued, the Taxpayer may
submit a request for a refund to the City with the cost of materials as verified by records kept
pursuant to EMC § 4-4-4-6. The Taxpayer will be allowed one thirty (30) day extension of time, if
the Taxpayer requests the extension prior to the expiration of the sixty (60) day deadline.
e. The application shall include all necessary documentation evidencing the overpayment of Tax and
any other documentation or information required by the City.
f. Upon review of the application, if the City is satisfied that there has been such overpayment, it
shall refund such overpayment to the Taxpayer within a reasonable time.
g. The City may examine all books and records pertaining to the payment of Use Tax under this
Section for up to three years after City issuance of certificate of completion/occupancy to
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determine actual Taxes due on Construction Materials.
3. Construction Equipment:
a. Construction Equipment located within the City for more than thirty (30) consecutive days shall
be subject to the City’s full Use Tax.
b. Construction Equipment located within the City for thirty (30) consecutive days or less shall be
subject to the City's Use Tax as follows: the Purchase Price of the equipment shall be divided by
twelve (12), and the result shall be multiplied by three and eighty-hundredths percent (3.8%).
i. If Subsection (B)(3)(b)above is applicable , the credit provisions of EMC § 4-4-5-2(B) shall
apply at such time as the aggregate Sales and Use Taxes legally imposed by and paid to other
municipalities on any such equipment equal three and eighty-hundredths percent (3.8%).
ii. To establish the applicability of Subsection (B)(3)(b) above, the Taxpayer shall:
a). Prior to or on the date the equipment is located within the City, the Taxpayer
shall file the City’s equipment declaration form, stating the dates on which the Taxpayer
anticipates the equipment will be located within and removed from the City, a description of each
such anticipated piece of equipment, the actual or anticipated Purchase Price of each such
anticipated piece of equipment, and such other information requested by the City.
b). The Taxpayer shall file with the City an amended equipment declaration
reflecting changes in any previously filed equipment declaration within the earlier of ninety (90)
days of the change, or ten (10) days after substantial completion of the project.
c). The Taxpayer need not report on any equipment declaration any equipment for
which the Purchase Price was under two thousand five hundred dollars ($2,500.00).
c. If an equipment declaration is filed for Construction Equipment for which the customary
Purchase Price is under two thousand five hundred dollars ($2,500.00) which was brought into the
boundaries of the City temporarily for Use on a construction project, it shall be presumed the item was
Purchased in a jurisdiction having a local Sales or Use Taxes as high as three and eighty-hundredths
percent (3.8%) and that such local Sales or Use Tax was previously paid.
d. If the Taxpayer fails to comply with Subsection (B)(3)(b)(ii) above, Subsection (B)(3)(b) shall not
apply and the Taxpayer shall be subject to the provisions of Subsection 3(a) above. However, if the
Taxpayer substantially complies with the provisions of Subsection (B)(3)(b) above, that subsection shall
apply.
4-4-6: License and Tax in Addition to All Other Taxes.
The License and Tax imposed by this Chapter shall be in addition to all other licenses and taxes imposed by
law, except as specifically otherwise provided.
4-4-7: Tax Information Confidential.
A. Except pursuant to judicial order or specifically otherwise provided, the City shall not divulge information
gained from any Return filed, or from any investigation or hearing held under this Chapter.
B. Nothing in this Section shall prohibit:
1. The delivery to a Person, or to their duly authorized representative, of a copy of any Return filed.
2. The publication of statistics so classified as to prevent the identification of particular reports or
Returns and the items thereof.
3. The inspection by the City Attorney, or other City legal representatives, of the Return or other
potentially material information relating to any Taxpayer who is, or may become involved, in
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litigation with the City.
4. The Director is authorized to execute a memorandum of understanding with the State of Colorado
Department of Revenue, department of revenue of any other state, the Commissioner of the
Internal Revenue Service of the United States or a delegate, the county assessor or county treasurer
of any county, or the proper official of any county, city, or town for any exchange of information
classified under this section as confidential, provided that the governmental entity with whom the
information has been exchanged agrees to abide by the provisions of this Chapter pertaining to
confidential information.
C. Reports and filed Returns shall be retained by the City pursuant the City’s document retention schedule.
4-4-8: Reserved.
4-4-9: Sale or Purchase of Business or Property.
A. New License required. Any Sale, transfer or Purchase of an interest in a Licensed Business enterprise by
any Person, where the respective interest of the Person purchasing or selling as a result of the transaction
has changed in any degree, requires the issuance of a new License.
B. Final Return. Within fifteen (15) days after any Person, Retailer or Taxpayer (1) sells out their Business or
stock of goods or all the assets of a Business to another Person, or (2) quits Business, they shall file a final
Return and remit all Taxes due to the City.
C. Tax due on Business property. The City Tax shall be remitted on the Purchase Price paid for Tangible
Personal Property that is acquired with the Purchase, transfer of title or transfer of possession of a
Business, with the exception of items to be resold in the ordinary course of Business operations of the
new Business. The Tax shall be based on the Price paid for such chattels as recorded in the bill of sale or
agreement and constituting a part of the total transaction at the time of the Sale or transfer, provided
that the valuation is as great as or greater than the fair market value of such merchandise or chattels.
Where the transfer of ownership is a package deal made by a lump-sum transaction, the Tax shall be paid
on the book value if no separate valuation has been made. When Business ownership is transferred in
return for the assumption of outstanding indebtedness owed by former owners, the Tax shall be paid on
the fair market value of all taxable Tangible Personal Property acquired by the Purchaser or new owner.
The "sale" or "sale and purchase" of a Business does not include a bona fide gift or items under C.R.S. §
39-26-102(10).
D. Prior Taxes due. Taxes due upon the Sale of a Business or stock of goods include all Sales Taxes which
were collected or should have been collected prior to the Sale, and all Use Taxes accruing or payable prior
to the Sale.
E. Purchaser to withhold payment until Tax paid. The Purchaser or successor to the Business, stock of goods
or assets shall withhold sufficient of the purchase money to cover all of said Taxes until such time as the
former owner produces a receipt from the Finance Director’s designee showing that all Taxes, penalties,
interest, and fees owed to the City have been paid in full.
F. Purchaser liable for prior owner's unpaid Tax. The Purchaser of a Business is liable for any unpaid Tax,
penalties, interest, and fees of the prior owner. Retailers or Consumers having outstanding accounts on
which Sales or Use Tax has not been remitted must compute and pay the Tax at the time of sale.
G. Seller and seller's agent liable for Tax. The seller or their agent is liable for Tax remittance on the Sale of
the Business in the event the Purchaser fails to remit the Tax due on the Purchase.
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H. Seller and Purchaser are both liable. Until all Taxes, penalties, interest and fees due to the City are paid in
full, both the former owner and the Purchaser shall remain personally liable thereon and subject to all
collection proceedings available under this Chapter. Action by the City against the former owner shall not
prevent the exercise by the City of all remedies available under law against the successor owner.
I. Delinquent Taxes a lien on property. Any Person who takes or Purchases personal or real property under
lease, title-retaining contract or other contract arrangement, by Purchase, foreclosure sale or otherwise,
takes the same subject to the lien for any delinquent Taxes owed by the original owner and shall be liable
for the payment of all delinquent Taxes, interest, penalties, fees, and Collection Costs of such prior owner,
not however, exceeding the value of the property so taken or acquired. Any Person who takes title to or
possession of any real property upon which a Tax is owed takes said property subject to the lien for said
delinquent Tax and shall be liable for the payment thereof to the extent of the Tax, interest, penalties and
Collection Costs.
4-4-10: Refunds.
A. Generally. A refund shall be made for the Tax so paid under dispute by any purchaser or if the amount
paid through a tax return is greater than the amount due. Interest shall not be paid on refunds or
overpayments. Such refund shall be made by the Director upon entitlement thereto shown by the
applicant and only after compliance with the following conditions:
a. A Taxpayer may seek a refund of Taxes paid in error within three (3) years after the date the Tax
was paid or should have been paid, whichever is earlier, the filing was due, or the date of
Purchase of the goods for which the refund is claimed. The refunded amount will be net of any
other outstanding Taxes owed.
b. Applications made for overpayment related to the Use Tax deposit paid through a building
permit shall be filed within sixty (60) days from the issuance of certificate of occupancy or final
inspection or whichever comes later.
B. Decisions. Upon receipt of such affidavit, invoice or receipt, and application, the Director shall examine
the same and shall give notice to the applicant by an order in writing of its decision thereon.
C. Petition. An applicant may, within thirty (30) days from the date of the decision to deny or reduce their
claim for a refund, petition the Director in writing for review of the decision in the manner provided in
EMC § 4-4-13.
D. Refunds not assignable. The right of any Person to a refund under this chapter shall not be assignable, and
application for refund must be made by the same person who purchased the goods and paid the tax
thereon as shown in the invoice for the sale thereof.
E. Penalty for violating refund provisions. No applicant for a refund under the provisions hereinabove, nor
any other person, shall make any false statement in connection with an application for a refund of any
Tax.
F. Violations of refund provisions to be used as evidence of fraudulent intent. If any person is convicted of
violating this Section, the proof of such conviction shall be prima facie evidence of fraud by that person in
any appropriate action brought or taken for recovery of other refunds made by the Director to such
person within the prior three (3) years to the conviction. A brief summary of the penalties for violations of
this Chapter shall be printed on each form issued by the Director for application for a refund.
G. Intercity Claims for recovery. The intent of this Section is to streamline and standardize procedures
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related to situations where tax has been remitted to the incorrect municipality. It is not intended to
reduce or eliminate the responsibilities of the Taxpayer or vendor to correctly pay, collect and remit Sales
Tax and Use Tax to the City.
a. When the Director determines that Sales Tax or Use Tax owed to the City has been reported and
paid to another municipality, the City shall promptly notify the vendor that taxes are being
improperly collected and remitted and that, as of the date of the notice, the vendor must cease
improper tax collections and remittances. The City may make a written Claim for Recovery
directly to the municipality that received tax and/or penalty, and interest owed to the City or, in
the alternative, may institute procedures for collection of the tax from the Taxpayer or vendor.
The decision to make a Claim for Recovery lies in the sole discretion of the City. Any Claim for
Recovery shall include a properly executed release of claim from the Taxpayer and/or vendor
releasing their claim to the taxes paid to the wrong municipality, evidence to substantiate the
claim, and a request that the municipality approve or deny, in whole or in part, the claim within
ninety (90) days of its receipt. The municipality to which the City submits a Claim for Recovery
may, for good cause, request an extension of time to investigate the claim, and approval of such
extension by the City shall not be unreasonably withheld.
b. Within ninety (90) days after receipt of a Claim for Recovery, the City shall verify to its
satisfaction whether or not all or a portion of the tax claimed was improperly received, and shall
notify the municipality submitting the claim in writing that the claim is either approved or denied
in whole or in part, including the reasons for the decision. If the claim is approved in whole or in
part, the City shall remit the undisputed amount to the municipality submitting the claim within
thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or
Taxpayer, the check shall be made to the parties jointly. Denial of a Claim For Recovery may only
be made for good cause.
c. The City may deny the claim on the grounds that it has previously paid a Claim for Recovery
arising out of an audit of the same Taxpayer or if the claim is outside of the statute of limitations.
d. The period subject to a Claim for Recovery shall be limited to the thirty-six-month period prior to
the date the municipality that was wrongly paid the tax receives the Claim for Recovery. This
period may be extended only if a written document was approved by the Director and Taxpayer
to toll the running of this thirty-six-month period.
4-4-11: Estimated Taxes, Examination and Assessment Thereof.
A. The Director is authorized to examine, inspect and audit the books, invoices, accounts and other records
kept or maintained by the Taxpayer for the collection or payment of the taxes imposed by this Chapter. If
the Director determines that any Taxpayer neglects or refuses to make a timely Return in payment of the
taxes or to pay or to correctly account for any taxes as required by this Chapter, the Director shall make
an estimate, based upon such information as may be available, with or without employing investigative
powers vested in the Director by this Chapter, of the amount of the taxes due for the period or periods for
which the Taxpayer is delinquent; and upon the basis of such estimated amount, compute and assess in
addition thereto a penalty equal to ten (10) percent thereof, together with the interest on such
delinquent taxes at the rate of one (1) percent each month, or a fraction thereof, from the date when due
until the date paid.
B. Promptly thereafter the Director shall notify the delinquent Taxpayer in writing and demand payment
thereof of such estimated taxes, penalty and interest by issuing a Notice of Final Determination;
Assessment and Demand for Payment.
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C. Such estimated amounts shall thereupon become an assessment, and such assessment shall be final and
due and payable from the Taxpayer to the City thirty (30) days from the date of the notice and demand;
provided, however, that within said thirty-day period the delinquent Taxpayer may petition the Director
in writing for review of the assessment in the manner provided in EMC § 4-4-13. The filing of a petition
shall not toll the accrual of interest on the amount of taxes due.
D. Interest and penalty assessment. Interest and penalties shall be paid upon notice and demand, and shall
be assessed, collected and paid in the same manner as the Tax to which it is applicable. If any portion of a
Tax is satisfied by credit of an overpayment, no interest or penalty shall be imposed under this Section on
the portion of the Tax so satisfied. A penalty equal to the greater of the sum of fifteen dollars ($15.00) or
ten percent (10%) thereof, and interest is calculated on such delinquent taxes at the rate of one percent
(1%) per month from the date when due.
E. Penalty for fraud. If any deficiency in taxes paid is due to fraud with the intent to evade the Tax, there
shall be added, instead of the penalty prescribed in Subsection (D) above, a penalty of fifty percent (50%)
of the total amount of the deficiency to the assessment required by Subsection (A) above. Interest shall
accrue and be collected at a rate of one percent (1%) per month on the amount of such deficiency from
the time the return was due.
F. Director may waive penalty. The Director is hereby authorized to waive, for good cause shown, any
penalty assessed as provided in this Chapter. In case of waiver of penalty, the interest shall be deemed a
penalty. If the Director finds that a Taxpayer has, in good faith, paid Tax to a vendor, the Director is
hereby authorized to abate the interest and penalty in its entirety.
4-4-12: Audit Procedures.
A. The Director, City staff or a contract auditor as designated by the Director, may, at any time within three
years of the date the Tax was due or the certificate of occupancy date, for the purpose of ascertaining the
correct amount of Tax due from any Return, construction permit or construction equipment declaration,
conduct an audit by examining any relevant books, accounts, and records of the responsible party and by
interviewing the Taxpayer and the Taxpayer's officers, agents, and employees. The periods to be audited
may be extended pursuant to EMC § 4-4-17(C).
B. Coordinated Audit Procedures.
1. Any Taxpayer licensed in this City pursuant to this Chapter, and holding a similar Sales Tax license
in at least four (4) other Colorado municipalities that administer their own Sales Tax collection,
may request a coordinated audit as provided herein.
2. Within fourteen (14) days of receipt of notice of an intended audit by any municipality that
administers its own Sales Tax collection, the Taxpayer may provide the City, by certified mail,
return receipt requested, a written request for a coordinated audit indicating the municipality
from which the notice of intended audit was received and the name of the official who issued
such notice. Such request shall include a list of those Colorado municipalities utilizing local
collection of their Sales Tax in which the Taxpayer holds a current Sales Tax license and a
declaration that the Taxpayer will sign waiver of any passage-of-time base limited upon this City's
right to recover Tax owed by the Retailer or Taxpayer for the audit period.
3. Except as provided in Subsection (B)(7) below, any Taxpayer that submits a complete request for
a coordinated audit and promptly signs a waiver of EMC § 4-4-17, may be audited by this City
during the twelve (12) months after such request is submitted only through a coordinated audit
involving all municipalities electing to participate in such an audit.
4. If this City desires to participate in the audit of a Taxpayer that submits a complete request for a
coordinated audit pursuant to Subsection (B)(3) above, the City shall so notify the municipality
whose notice of audit prompted the Taxpayer's request within ten (10) days after receipt of the
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Taxpayer's request for a coordinated audit. The City shall then cooperate with other participating
municipalities in the development of arrangements for the coordinated audit, including
arrangements of the time during which the coordinated audit, including arrangements of the
time during which the coordinated audit will be conducted, the period of time to be covered by
the audit, and a coordinated notice to the Taxpayer of those records most likely to be required
for completion of the coordinated audit.
5. If the Taxpayer's request for a coordinated audit was in response to a notice of audit issued by
this City, this City shall facilitate arrangements between it and other municipalities participating
in the coordinated audit unless and until an official from some other participating municipality
agrees to assume this responsibility. The City shall cooperate with other participating
municipalities to, whenever practicable, minimize the number of auditors that will be present on
the Taxpayer's premises to conduct the coordinated audit on behalf of the participating
municipalities. Information obtained by or on behalf of those municipalities participating in the
coordinated audit may be shared only among such participating municipalities.
6. If the Taxpayer's request for a coordinated audit was in response to a notice of audit issued by
this City, this City shall, once arrangements for the coordinated audit between it and other
participating municipalities are completed, provide written notice to the Taxpayer of which
municipalities will be participating, the period to be audited and the records most likely to be
required by participating municipalities for completion of the coordinated audit. The City shall
also propose a schedule for the coordinated audit.
7. The coordinated audit procedure set forth in this Section shall not apply:
a. When the proposed audit is a jeopardy audit;
b. When a Taxpayer refuses to promptly sign a waiver of EMC § 4-4-17; or
c. When a Taxpayer fails to provide a timely and complete request for a coordinated audit
as provided in Subsection (B)(2) above.
4-4-13: Tax Hearings and Appeals.
A. Request for hearing. Any Taxpayer may request a hearing on any proposed Tax within thirty (30) calendar
days of receiving from the Director a Notice of Final Determination; Assessment and Demand for
Payment; or a Denial of Refund. The request for hearing shall set forth the Taxpayer's reasons for and the
requested changes in the Director’s determination.
B. Hearing time and place. The Director shall notify the Taxpayer in writing of the time and place for such
hearing thirty (30) calendar days prior thereto, unless the Taxpayer requests shorter notice or an
extension of time.
1. In no event shall the hearing be held more than one hundred eighty (180) days after the Director's
receipt of request for a hearing, unless the Taxpayer and Director agree in writing: (1) that the
hearing shall be held and a decision issued within such further agreed time; or (2) that no hearing
shall be held before the City Manager, in which case, the Taxpayer may pursue further review in
accordance with Subsection (F) of this Section.
2. If none of the events described in Subsection (B)(1) of this Section have occurred, the Director may
notify the Taxpayer in writing that the Director does not intend to conduct a hearing, in which case,
the Taxpayer may pursue further review in accordance with Subsection (F) of this Section.
C. If none of the events described in Subsections (B)(1) or (B)(2) of this Section have occurred, the Taxpayer
may pursue further review in accordance with Subsection (F) of this Section any time after one hundred
eighty (180) days or such further agreed time has passed.
D. Time limitation on request for hearing. After the expiration of thirty (30) calendar days from the date that
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the Director’s Notice of Final Determination; Assessment and Demand for Payment, or Denial of Refund is
sent; if the Tax has not been paid; ; if no request for hearing has been filed with the Director; or if a
request for hearing has been filed but no written brief has been filed by the Taxpayer, then the Director’s
Notice of Final Determination; Assessment and Demand for Payment or Denial of Refund shall constitute
a final determination. The Director may promptly take necessary steps to collect all amounts owed. The
Taxpayer shall have no further right to a hearing, trial or appeal on the facts of the case.
E. Director may adjust Tax under question. Based on the evidence presented at any hearing or filed in
support of the Taxpayer's contentions, the Director may modify or abate in part or in full the Tax and the
interest and penalty related to such tax questioned at the hearing or may approve a refund.
F. De novo review or appeal. The Taxpayer may proceed to have a final order or decision of the Director
involving Sales Tax or Use Tax imposed by this Chapter reviewed under the procedures set forth in C.R.S. §
29-2-302, within thirty (30 days) with the Executive Director of the Colorado Department of Revenue.
G. Review of order or decision involving any lodging or excise tax imposed in this Chapter. Should the
Taxpayer be aggrieved by a final order or decision of the Director involving lodging or other excise taxes,
the Taxpayer may proceed to have the same reviewed under Colorado Rules of Civil Procedure 106(a)(4)
by the district court for the second judicial district of the state. The petition or complaint for review must
be filed within thirty (30) days from the date of the final order or decision. Any party, including the City,
may appeal the final order or decision of the Director and, also, the decision of the district court (or other
tribunal having jurisdiction), using all judicial, appellate, and extraordinary proceedings available. Before
filing a petition or complaint for review under Colorado Rules of Civil Procedure 106(a)(4), the Taxpayer
shall file with the Director a bond in twice the amount of the taxes, interest and other charges audited
and stated in the final order or decision of the Director, with surety as is provided in other cases of appeal,
or may deposit lawful money of the United States in the same manner as herein provided.
H. Tax due date after hearing. Unless an appeal is taken as provided above, the Tax, together with interest
thereon and penalties, if any, shall be paid within thirty (30) days after the hearing determination notice is
sent by the Director to the Taxpayer.
4-4-14: Unpaid Tax a Prior Lien.
A. The Taxes imposed by EMC § 4-4-5-1 shall constitute a first and prior lien upon any Tangible Personal
Property, real property and inventory owned or used which is the subject of any transaction upon which said
Tax is due, until said Taxes are paid in full.
B. The Taxes imposed by EMC § 4-4-4-2 shall be a first and prior lien upon the goods, fixtures, inventory and
real property owned or Used by any Retailer required by EMC § 4-4-4-7 to submit a Return and make
payment of the Taxes collected, until said Taxes are paid in full.
C. The liens created by Subsections (A) and (B) above shall be construed to be liens and encumbrances upon the
specific items of personal property, goods, Business fixtures, real property and inventory therein
enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature
and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof.
These liens shall arise upon the day the Tax becomes due and payable and shall be extinguished by the
operation of law when the Tax is paid in full, including any interest, penalty and Collection Costs.
4-4-15: Enforcement of Taxes and Foreclosure of Liens.
A. If any Taxes, penalty or interest imposed by this Chapter and shown due by Returns filed by the Taxpayer, or
as shown by assessment duly made as provided herein, are not paid within thirty (30) days after the same
are due, the City may issue a warrant under its official seal directed to any duly authorized revenue collector,
or to the sheriff of any county in this State commanding them to levy upon, seize and sell sufficient personal
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property, real property and inventory of the Tax debtor which is subject to the liens created by EMC § 4-4-14
found within that county for the payment of the amount due, together with interest, penalties and costs.
B. Simultaneously with the issuance of said warrant, the City shall issue a notice of Tax lien, setting forth the
name of the Taxpayer, the amount of the Tax, penalties, interest and costs, the date of the accrual thereof,
and that the City claims a first and prior lien therefor on the Tangible Personal Property, real property and
inventory of the Taxpayer subject to said liens.
C. Such notice shall be verified and shall be with the clerk and recorder of any county in this State in which the
Taxpayer owns Tangible Personal Property, real property and/or inventory subject to said liens.
D. The effective date of said lien shall be the date of the first taxable transaction for which any Tax is due,
regardless of when the notice of lien is filed.
4-4-16: Notices Sent by Mail.
Any notice required to be given to any Taxpayer or the agent or personal representative of the estate of any
Taxpayer shall be sufficient if mailed, postpaid by first-class mail to the last-known address of the Taxpayer or the
agent of the Taxpayer. The first-class mailing of any notice under the provisions of this Chapter, creates a
presumption that such notice was received by the Taxpayer or agent of the Taxpayer if the City maintains a record
of the notice and maintains a certification that the notice was deposited in the United States mail by an employee
of the City. Evidence of the record of the notice mailed to the last-known address of the Taxpayer or agent of the
Taxpayer as shown by the records of the City and a certification of mailing by first-class mail by a City employee is
prima facie proof that the notice was received by the Taxpayer or agent of the Taxpayer.
4-4-17: Limitations.
A. The Taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this
Chapter shall not be assessed, nor shall any notice of lien be filed, or distraint warrant be issued, or suit for
collection be instituted, or any other action to collect the same be commenced more than three (3) years
after the date on which the Tax was or is payable. Nor shall any lien continue after such period, except for
Taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior
to the expiration of such period; in which cases such lien shall continue only for one year after the filing of
notice thereof.
B. In the case of a false or fraudulent Return with intent to evade Tax, the Tax, together with interest and
penalties thereon may be assessed, or proceedings for the collection of such Taxes may be begun at any
time.
C. Before the expiration of such period of limitation, the Taxpayer and the City may agree in writing to an
extension thereof, and the period so agreed on may be extended by subsequent agreements in writing.
4-4-18: Service Charge on Returned Checks.
If a check in payment of any License Fee, Sales or Use Tax, or Lodging Tax is returned unpaid, a processing
charge shall be added to any amount due and owing. The processing charge shall be periodically reviewed and set
by the City.
4-4-19: Unlawful Acts.
A. Advertise Absorption of Tax. No Retailer shall advertise, hold out or state to the public or to any Consumer,
directly or indirectly, that the Tax or any part thereof imposed by this Chapter will be assumed or absorbed
by the Retailer, or that it will not be added to the Sales Price of the property sold; or if added, that any part
thereof will be refunded.
B. Disregard for Rules; Penalty Assessed. If any part of a Tax Deficiency is due to negligence or intentional
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disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there
shall be added ten percent (10%) of the total amount of the Tax Deficiency; and in such case, interest shall be
collected at the rate of one percent (1%) per month on the amount of the Tax Deficiency from the time the
Return was due, from the Person required to file the Return, which interest and addition shall become due
and payable within thirty (30) days after written notice and demand by the City.
C. Fraud; Penalty Assessed. If any part of the Tax Deficiency is due to fraud with the intent to evade the Tax,
then there shall be added fifty percent (50%) of the total amount of the Tax Deficiency, and in such case the
whole amount of the Tax unpaid, including the additions, shall become due and payable thirty (30) days after
written notice and demand by the City
D. False Statements. No Person shall willfully make, prepare or submit a Tax Return, or other document,
containing any false statement, or willfully make a false statement in any investigation or hearing, which may
affect the Tax liability of any Person.
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4-4-20: Penalty.
A. In addition to or in lieu of any other penalty or punishment prescribed in this Chapter, a fine of up to five
hundred dollars ($500) per violation, per day may be imposed for a violation of any provision of this Chapter or of
any order issued by the Licensing Officer.
B. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue.
All violations shall be corrected within ten (10) days to avoid License suspension or revocation, unless an extension
is approved by the Finance Director’s designee for good cause shown. The suspension or revocation of any License
or other privileges under this Chapter shall not be a penalty for enforcement of this Chapter.
4-4-21: Officers of Corporations, Members of Partnerships, Limited Liability Companies.
In addition to the penalties provided in EMC § 4-4-2, all officers of a corporation and all members of a partnership
or a limited liability company required to collect, account for, and pay over any Tax administered by this Title who
willfully fail to collect, account for, or pay over such Tax or who willfully attempt in any manner to evade or defeat
any such Tax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty
equal to one hundred fifty percent (150%) of the total amount of the Tax not collected, accounted for, paid over,
or otherwise evaded. Officers of a corporation or members of a partnership or a limited liability company shall be
deemed to be subject to this Section if the corporation, partnership, or limited liability company is subject to filing
Returns or paying Taxes administered by this Title and if such officers of corporations or members of partnerships
or limited liability companies voluntarily or at the direction of their superiors assume the duties or responsibilities
of complying with the provisions of any Tax administered by this Title on behalf of the corporation, partnership, or
limited liability company.
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Introduced and passed on first reading on the 19th day of May, 2025; and on second reading, in
identical form to the first reading, on the ____ day of _____, 2025.
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
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City Sales Tax Code Update
Presented By:
Kevin Engels, Director of Finance
Curt Osborne, Revenue & Tax Audit Manager
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Summary of Proposed Updates
•Improved Understanding and Readability For Businesses
•Improved Administration By City Staff
•Alignment With Other Colorado Home Rule Cities Without
Compromising Englewood Home Rule Authority
•Clarification of Certain Definitions, Taxation Positions,
Exemptions and Administrative Provisions
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Summary of Proposed Updates (cont.)
•Clarification of Economic Nexus for Remote Sellers
•Defines and Proposes Exemption of Essential Hygiene Products
(previously discussed by Council in August 2024)
•No TABOR Issue –Revenue Neutral or Negative
•Essential Hygiene (may reduce revenues $100K-$300K per year)
•Partial Exemption of Manufactured Homes ($5-$10K per year)
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Questions?
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COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Shannon Buccio
DEPARTMENT: Parks, Recreation & Library
DATE: June 2, 2025
SUBJECT:
Golf for the Disabled Agreement to lease space at Broken Tee
Golf Course
DESCRIPTION:
Golf for the Disabled Agreement to lease space at Broken Tee Golf Course
RECOMMENDATION:
Staff recommends that City Council, by motion, approve the agreement allowing Golf for the
Disabled (G4D) to store its adaptive golf equipment at Broken Tee Golf Course. In exchange,
G4D will permit golf patrons with disabilities to use the adaptive carts at no charge, subject to
availability, provided the patron has completed G4D’s required training and signed a liability
waiver.
PREVIOUS COUNCIL ACTION:
None
SUMMARY:
Golf for the Disabled (G4D) is a non-profit organization that offers golf instruction to individuals
with disabilities throughout the Denver metro area. For many years, Broken Tee Golf Course
has partnered with G4D by providing access to its driving range and practice areas for weekly
summer clinics. As part of this partnership, adaptive golf carts—designed to assist individuals
with physical disabilities—were stored at Broken Tee and made available, free of charge, to golf
patrons with disabilities when not in use by G4D. In 2024, G4D purchased new adaptive carts
with advanced features, which require user training and acknowledgment of liability due to their
increased cost and operational complexity. Until G4D finalizes its training program and liability
waiver, Broken Tee has been unable to make the new carts available to the general public.
ANALYSIS:
For the 2025 season, Golf for the Disabled has developed a formal training program and liability
waiver to support the safe use of adaptive golf carts by patrons with disabilities. Once a player
completes the required training and signs the liability waiver, G4D will provide a copy of the
signed waiver to the Golf Manager. These waivers will be stored in a designated notebook at
the Broken Tee Pro Shop, allowing the golf staff to verify that a player has been approved to
use the adaptive cart. This process ensures that only trained and authorized individuals have
access to the equipment, promoting both safety and accountability. Golf course staff strongly
support the continued availability of adaptive carts, recognizing their essential role in making the
sport accessible to individuals with disabilities. Golf remains an inclusive recreational activity
Page 172 of 191
suitable for people of all abilities and skill levels, and access to adaptive equipment is key to
maintaining that inclusivity.
COUNCIL ACTION REQUESTED:
Staff recommends that City Council, by motion, approve the agreement allowing Golf for the
Disabled (G4D) to store its adaptive golf equipment at Broken Tee Golf Course. In exchange,
G4D will permit golf patrons with disabilities to use the adaptive carts at no charge, subject to
availability, provided the patron has completed G4D’s required training and signed a liability
waiver.
FINANCIAL IMPLICATIONS:
Golf for the Disabled (G4D) will cover all green fees and cart fees for their participants and
volunteers during scheduled play days at Broken Tee Golf Course throughout the summer
months. This arrangement will result in a minimum annual contribution of $2,000 to the golf
course.
CONNECTION TO STRATEGIC PLAN:
The partnership between Broken Tee Golf Course and Golf for the Disabled supports the City’s
Strategic Plan goal of Community Wellbeing by expanding inclusive recreational opportunities.
This collaboration provides individuals of all ages, skill levels, and accessibility needs with
access to golf as a means of lifelong learning, personal growth, and improved physical and
mental health. By promoting inclusive access to recreation, the partnership contributes to a
healthier and more connected community.
OUTREACH/COMMUNICATIONS:
Golf staff will continue to collaborate with Golf for the Disabled (G4D) to develop and implement
a communication plan to promote adaptive cart training opportunities. The first training session
is scheduled for June 2 at Broken Tee Golf Course. Additional sessions will be communicated to
eligible patrons as they are scheduled.
ATTACHMENTS:
Agreement Between the City of Englewood and Golf 4 the Disabled.
Page 173 of 191
?E??lewoodPROCUREMENTDIVISION
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND GOLF 4 THE
DISABLED
(Use of Broken Tee Golf Range and Storage ofAdapt/ve Equipment)
This Agreement is made and entered into this _day of ,2025,by
and between the City of Englewood,Colorado,a home rule municipal
corporation (the “City”),and Golf 4 the Disabled,a Colorado nonprofit
organization (“Golf 4 the Disabled”or ”G4D”).The City and G4D are collectively
referred to as the “Parties”and individually as a “Party.”
RECITALS
WHEREAS,the City owns and operates Broken Tee Golf Course (“Broken
Tee”),a public golf facility located at2101 W.Oxford Avenue,Englewood,
Colorado;and
WHEREAS,G4D is a nonprofit organization dedicated to providing golf
instruction,adaptive equipment,and inclusive programming for individuals with
disabilities;and
WHEREAS,the City desires to support and facilitate inclusive golf
programming at Broken Tee,and G4D wishes to conduct golf clinics and store
adaptive carts on-site for use by both G4D program participants and Broken Tee
patrons,following training on use and the signing of appropriate liability waivers;
and
WHEREAS,G4D has agreed to pay the City a minimum annual
contribution of $2,000 to support participant play days,including green fees and
cart fees,at Broken Tee’s Par 3 course through the summer months;and
WHEREAS,the Parties desire to enter into this Agreement to establish
the terms and conditions governing G4D’s use of the Broken Tee driving range,
storage facilities,and adaptive equipment access.
NOW,THEREFORE,in consideration of the mutual covenants and agreements
set forth herein,and other good and valuable consideration,the sufficiency of
which is hereby acknowledged,the Parties agree as follows:
1.TERM &TERMINATION
1.1 Term—The term of this Agreement shall commence on [Start Date]and
continue through [End Date],unless terminated earlier pursuant to Section 1.3.
The Agreement may be renewed upon mutual written agreement of the Parties,
but in no event shall exceed 20 years.
Page 174 of 191
1.2 Termination for Convenience —Either Party may terminate this Agreement
for any reason by providing thirty (30)days’written notice to the other Party.
1.3 Termination for Cause—The City may terminate this Agreement
immediately if:.G4D fails to comply with applicable laws,regulations,or City policies.
0 G4D’s use of Broken Tee facilities creates safety concerns or disrupts
general golf operations.
2.USE OF BROKEN TEE GOLF RANGE FOR WEEKLY GOLF CLINICS
2.1 Scheduled Use—The City grants G4D permission to utilize the driving
range,putting greens,and designated golf course areas at Broken Tee
for weekly golf clinics during the months of June,July and August,subject to
availability and City approval.
2.2 Coordination &Scheduling—G4D shall coordinate with the Broken Tee
Golf Course Managerto schedule clinic times,ensuring minimal disruption to
public golf operations.
2.3 Supervision &lnstruction—All clinics shall be supervised by qualified
instructors provided by G4D.G4D shall ensure instructors are properly trained
and experienced in adaptive golf instruction.
2.4 Fees &Charges —Golf clinic participants shall be subject to standard Broken
Tee range fees,unless waived by the City for designated G4D programs.
3.STORAGE OF ADAPTIVE CARTS &EQUIPMENT
3.1 Storage Space—The City shall provide secure storage space at Broken
Tee for G4D’s adaptive golf carts.The specific storage location shall be
designated by the Golf Manager.
3.2 Equipment Maintenance &Responsibility —G4D shall be solely
responsible for the maintenance,repair,and security of all stored equipment.
3.3 Access to Storage—G4D shall have access to the storage area during
normal operating hours of Broken Tee.Special access requests outside of these
hours must be approved by the City.
4.USE OF ADAPTIVE EQUIPMENT BY BROKEN TEE PATRONS
4.1 Availability of Adaptive Equipment—G4D agrees to allow Broken Tee
patrons with disabilities to use G4D’s adaptive carts and equipment when not in
IQ
Page 175 of 191
use for G4D programs,subject to availability and the completion of training on
the use of the carts by patrons and Broken Tee staff.Patrons using such carts
will be required to sign an appropriate liability waiver prepared by G4D.
4.2 Reservation Process —Patrons wishing to use adaptive carts must:
0 Request use through the Broken Tee Pro Shop.
0 Sign a liability waiver releasing the City and G4D from claims arising from
equipment use.
0 Complete training on the use of the equipment.
4.3Training &Assistance—GFD shall train Broken Tee staff on
basic operation and safety procedures for adaptive equipment.
4.4 Liability &Damage Responsibility —Patrons using adaptive equipment
shall be responsible for any damage resulting from misuse or negligence.
5.FINANCIAL CONTRIBUTION REQUIREMENT
5.1 Minimum Annual Contribution —G4D shall pay the City green fees and cart
fees for their participants and volunteers for all play days on Broken Tee’s Par 3
course during the above listed summer months for a minimum annual
contribution of $2,000.
6.LIABILITY,INSURANCE &INDEMNIFICATION
6.1 Liability —Each Party shall be responsible for its own acts,omissions,and
negligence in connection with this Agreement.
6.2 Insurance —G4D shall maintain:.General liability insurance in an amount not less than $1,000,000 per
occurrence.
0 Workers’compensation insurance for any employees involved in
programming..The City shall be named as an additional insured on G4D’s liability policy.
6.3 Indemnification —G4D shall defend,indemnify,and hold harmless the City,
its officials,employees,and agents from and against any claims,liabilities,
damages,or expenses arising out of G4D’s use of Broken Tee facilities and
equipment.
7.GENERAL PROVISIONS
7.1 Compliance with Laws &Policies —G4D shall comply with all
applicable federal,state,and local laws,as well as City and Broken Tee policies.
L»)
Page 176 of 191
7.2 Non-Discrimination —G4D shall not discriminate on the basis ofdisability,
race,gender,age,or any other protected class in providing programs or
services.
7.3 Modification —This Agreement may only be modified in writing signed by
both Parties.
7.4 Entire Agreement —This Agreement constitutes the entire
agreement between the Parties and supersedes all prior discussions or
agreements.
7.5 Governing Law &Venue —This Agreement shall be governed by the laws of
the State of Colorado,with venue in Arapahoe County.
7.6 Notices—All notices,demands,and communications hereunder shall be
personally served or sent by certified mail to:
City of Englewood
Attention:Director of Parks,Recreation,Library and Golf
1000 Englewood Parkway
Englewood,CO 80110
With a copy to:
City of Englewood
Attention:City Attorney’s Office
1000 Englewood Parkway
Englewood,CO 80110
Golf for the Disabled
Attention:Ken Paieski
71 Cherry Hills Farm Dr
Cherry Hills Village,CO 80113
7.7 Colorado Governmental Immunity Act—No provision of this Agreement
waives or is intended to waive any provision of the Colorado Governmental
Immunity Act,Colo.Rev.Stat.§24-10-101 et seq.
7.8 Incorporation Of Englewood Municipal Code §4-1-3-4 —This Agreement
is subject to the provisions of Englewood Municipal Code (EMC)§4-1—3-4,the
applicable provisions of which are incorporated by reference as if fully set forth
herein.
IN WITNESS WHEREOF,the City of Englewood and Golf 4 the Disabled do
hereby execute this Agreement.
Page 177 of 191
CITY OF ENGLEWOOD,COLORADO
By:Date:
(Department Director)
By:Date:
(City Manager)
By:Date:
(Mayor)
Attest:Date:
(City Clerk)
GOLF 4 THE D AB
(XML?)
Title:7Q/ZJZMM74-
Date:WM/fFm 2&7’5/
Page 178 of 191
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Karen Montanez
DEPARTMENT: Community Development
DATE: June 2, 2025
SUBJECT:
Motion to approve a change order to the AEC-West contract in the
amount of $250,000 for a total contract not to exceed $320,000.
DESCRIPTION:
Additional review services are needed for the Craig Hospital construction project.
RECOMMENDATION:
Staff recommends city council approve, by motion, the Professional Services Agreement
change order with AEC-West, Inc. for a $250,000 increase, bringing the total contract amount to
$320,000.
PREVIOUS COUNCIL ACTION:
On December 4, 2023, city council approved a Professional Service Agreement with AEC-West
in the amount of $130,000 for the 2024 calendar year for as-needed plan review services and
inspection services. The contract includes a 3-year renewal option. Expenditures in 2024 were
$60,947. Based on the lower expenditures in 2024 and anticipated projects for 2025, the
contract with AEC-West for 2025 was decreased to $70,000. Due to the fact that the $70,000
contract amount was budgeted and was under $250,000, the contract renewal did not require
council authorization.
SUMMARY:
The building division of the community development department utilizes a third-party consultant
to review large and complex construction projects such as multi-family projects, multi-story
commercial projects, Swedish Hospital expansion and Craig Hospital expansion. The required
increase in the contract to $320,000 is intended for consultant review of a substantial expansion
and renovation of Craig Hospital, which was announced in the first quarter of 2025. The
increase in the contract amount will be offset by plan review and permit fees.
ANALYSIS:
The contract renewal with AEC-West was lowered to $70,000 based on the 2024 expenditures
and forecasted projects for 2025. Craig Hospital's project submittal timeline for an extensive
expansion changed from 2026 to 2025. Due to the acceleration of the project, the building
division is requesting an amendment to the existing $70,000 contract for an increase to a total of
$320,000. Construction projects within the city are not always received within a timeline that
allows for inclusion in annual budget forecasts. The expenditures associated with the Craig
Hospital project will be recouped by the plan review fees collected for the project.
Page 179 of 191
COUNCIL ACTION REQUESTED:
Staff recommends that city council approve the proposed amendment to the Professional
Services Agreement with AEC-West in order to enable the continued provision of quality and
timely service to the community.
FINANCIAL IMPLICATIONS:
The building division has expended $35,551 of the original AEC-West professional services
agreement of $70,000 to date in 2025.
The building division anticipates collecting $366,490 in plan review fees and $563,830 in permit
fees for a total of $930,320 from the Craig Hospital expansion project and expending $213,000
for required plan review services by AEC-West.
CONNECTION TO STRATEGIC PLAN:
Building and Place Safety
Ensure the safety of public buildings and places.
ATTACHMENTS:
1. Contract Approval Summary
2 Change Order
3. Original Contract
Page 180 of 191
Contract Number
City Contact Information:
Staff Contact Person Phone
Title Email
Summary of Terms:
Original Contract Amount Start Date 5/1/2025
Amendment Amount End Date 12/31/2025
Amended Contract Amount Total Term in Years 0.67
Vendor Contact Information:
Name Contact
Address Phone
Email
Denver CO
City State Zip Code
Contract Type:
Please select from the drop down list
Description of Contract Work/Services
Procurement Justification of Contract Work/Services
Change order to increase current contract amount of $70,000 to $320,000 due to increased building review and inspections related to construction plan
submittals from Craig Hospital.
The city is in need of increased building plan review and inspection services to supplement city staff plan review and inspection services due to Craig
Hospital's large multi-phased construction project. The increased expense will be offset by an additional $367,000 in revenue received from plan review
fees for the Craig project.
80216
Chief Building Official
Renewal options available 1
Payment or Revenue terms
(please describe terms or
attached schedule if based on
deliverables)
303.377.6963 x106
james@AEC-West.com
James Horne
Payment will be made within 30 days of receipt of invoice.
CONTRACT APPROVAL SUMMARY
AEC-West Consultants, Inc.
4605 Quebec Street, Unit B8
PSA-Professional Services Agreement
PSA 21-96 Renewal Agreement 3
$ 70,000
$ 250,000
$ 320,000
x2355Karen Montanez
kmontanez@englewoodco.gov
Page 181 of 191
CONTRACT APPROVAL SUMMARY
Source of Funds:
Revenue CAPITAL ONLY A B C 1=A-B-C
Capital Tyler New World Spent To Change Order
Amount Budget
Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Remaining
O 2025 02 0801 54201
Change Order to
PSA 21-96 Renewal
Agreement 3
85,000$ 33,654$ 250,000$ (198,654)$
O -$ -$ -$ -$
O -$ -$ -$ -$
Total Current Year 85,000$ 33,654$ 250,000$ (198,654)$
Process for Choosing Contractor:
Solicitation Name and Number
Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov):
All Other Attachments:
General Ledger Account
String
Professional Services
NOTES/COMMENTS (if needed):
Staff will be requesting a supplemental appropriation as the department's budget is unable to absorb the overage. However, this expense will be offset by
the additional revenue generated through charged plan review fees.
Solicitation:Evaluation Summary/Bid Tabulation Attached
Proposal/Bid Attached
Prior Month-End Project Status and Fund Balance Report
Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract
Copy of Original Contract if this is an Amendment
Copies of Related Contracts/Conveyances/Documents
Addendum(s)
Exhibit(s)
Certificate of Insurance
Page 182 of 191
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
1
CHANGE ORDER
Date: April 14, 2025 Change Order #: 1
Project Name: Plan Review and Inspections Contract #:
Renewal # 3, PSA-21-96
Department: Community Development PO #: 2025-00000013
Project Manager:
Karen Montanez, Chief Building
Official Original Agreement Date: November 3, 2021
Contractor: AEC-West Consultants Location:
CHANGE ORDER TYPE
Select the best description of this Change Order (Check one):
X Standard Change Order Emergency (Authorization attached)
Unforeseen Site Conditions (Justification attached) Substantial (Authorization attached)
CONTRACT SUMMARY
Original Contract Amount: $ 70,000.00
-
Original completion date: 12/31/2025
Previous Change Order(s): $ 0.00 - Previous change in time: 0 Days
Contract Amount Prior to
this Change Order: $ 70,000.00
Completion Date Prior to
this Change Order: 12/31/2025
Amount of this Change
Order: $ 250,000.00 Change in contract time: 0 Days
New Contract Amount: $ 320,000.00 New Completion Date: 12/31/2025
CHANGE ORDER SUMMARY
The following changes are hereby made to the contract documents:
Ref # Summary Description
Change in
Contract
Price
Change in
Contract
Time
Initiated By:
III
Increase compensation by $250,000 for building plan review and
inspections related to commerical construction plan submittals from Craig
Hospital
$250,000 0 Days Community
Development
APPROVALS REQUIRED
The parties understand and agree that this Change Order does not
amend or change the terms of the original contract/agreement entered
into by the parties on:
November 3, 2021
(Original Agreement Date)
Page 183 of 191
______________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
2
CHANGE ORDER
Approved by Project Manager: Date:
Accepted by Consultant: Date:
Department Director: Date:
City Manager:
Shawn Lewis Date:
Mayor:
Othoniel Sierra Date:
City Clerk:
Stephanie Carlile Date:
*If the amount of the change order is greater than $250,000 and/or 25% of the original contract require City Council approval.
PCM: Proposed Contract Modification
James P. Horne 4-14-2025
Page 184 of 191
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodco.gov 1
_____________________________________________________________________________________
AMENDMENT NUMBER 3
PROFESSIONAL SERVICES AGREEMENT
Contract Number PSA-21-96
PLAN REVIEW AND INSPECTION SERVICES
Not to exceed $70,000.00
THIS AMENDMENT NUMBER 3 to the Professional Services Agreement (PSA-21-96) made and
entered into on this __________________________ by and between the City of Englewood
hereinafter referred to as “City” and AEC-West Consultants, Inc. hereinafter referred to as
“Consultant” and collectively referred to as the “Parties”.
WHEREAS, on November 3, 2021 the Parties entered into a Professional Services
Agreement (“PSA”) for the provision of professional services in the area of compliant plan review
and inspection services; and
WHEREAS, on December 6, 2022 the Parties entered into Renewal Agreement #1
extending the term of the Agreement by an additional year; and
WHEREAS, on December 11, 2023, the Parties entered into Renewal Amendment #2
extending the term of the Agreement by an additional year; and
WHEREAS, pursuant to Section 8 of the PSA and the Renewal Amendment #2 the Parties
may enter into a renewal of the Agreement for an additional one-year period; and
WHEREAS, the Parties desire to renew the PSA for continued services to the City; and
WHEREAS, the Parties agree to continue to operate and abide by the terms and
conditions of the PSA, except for as revised herein.
NOW, THEREFORE, City and the Consultant hereby enter into this Amendment Number
3 as follows:
I. AMENDMENT TERMS
This Amendment is entered into to modify the terms of the PSA to renew the PSA for an
additional one-year term. The term for this renewal period is from the City’s execution date below
(“Effective Date”) to one year from the Effective Date.
II. ATTACHMENT A – OUTLINE OF STATEMENT OF WORK
The Outline of Statement of Work attached hereto as Attachment A and incorporated
herein by reference outlines the understanding and performance that each Party shall provide to
the other pursuant to the terms and conditions of the PSA and this Amendment Number 3 for the
renewal period. The Attachment A attached hereto shall replace the Outline of Statement of Work
as contained in the PSA and Renewal Agreement Number 2.
Docusign Envelope ID: 4528475D-B397-452F-88CF-C5A2D42E68EA
11/13/2024
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(303) 762-2300 www.englewoodco.gov 2
III. COMPENSATION
Compensation and Payment for the services described in the Outline of Statement of
Work, attached hereto, shall be per the terms of Section 4 of the PSA and Sections 8 and 9 of the
attached Statement of Work, in an amount not to exceed $70,000.00.
IV. FURTHER AMENDMENTS
Section 34 of the PSA shall be replaced with the following: “COMPLIANCE WITH THE
IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant
has complied with the United States Immigration Reform and Control Act of 1986. All persons
employed by Consultant for the performance of this Contract have completed and signed Form I-
9 verifying their identities and authorization for employment.”
V. INCORPORATION BY REFERENCE OF PSA
Except as specifically modified herein, all other terms and conditions of the PSA are
incorporated by reference as if fully set forth herein, and shall continue in full force and effect until
the earlier of (a) expiration or termination of this Amendment Number 3, or (b) mutual agreement
in writing by the Parties hereto.
VI. INCORPORATION BY REFERENCE OF EMC SECTION 4-1-3-4
This Contract is made under and conformable to the provisions of Section 4-1-3-4 of
Englewood Municipal Code, which provides standard contract provisions for all contractual
agreements with the City. Insofar as applicable, the provisions of EMC Section 4-1-3-4 are
incorporated herein and made a part hereof by this reference.
IN WITNESS WHEREOF, the City and AEC do hereby execute this Amendment Number
3 to the Professional Services Agreement (PSA/21-96).
CITY: CITY OF ENGLEWOOD, COLORADO
By: _____________________________
Date: _____________________________
(Department Director)
By: _____________________________
Date: _____________________________
(City Manager)
Docusign Envelope ID: 4528475D-B397-452F-88CF-C5A2D42E68EA
11/13/2024
11/13/2024
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(303) 762-2300 www.englewoodco.gov 3
CONSULTANT: AEC WEST CONSULTANTS, INC.
By: __________________________________
(Signature)
__________________________________
(Print Name)
Title: __________________________________
Date: __________________________________
James P. Horne
President
11-12-2024
Docusign Envelope ID: 4528475D-B397-452F-88CF-C5A2D42E68EA
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(303) 762-2300 www.englewoodco.gov 4
ATTACHMENT A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
Statement of Work for Amendment Number 3 between the City of Englewood, Community
Development Department (City) and AEC-West Consultants, Inc. (Consultant), effective January
1, 2025 through December 31, 2025, with one annual renewal options.
2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS
Community Development: Karen Montanez, Chief Building Official
303.762.2355
kmontanez@englewoodco.gov
AEC-West Consultants, Inc.: James Horne, Principal
303.377.6963 x106
james@AEC-West.com
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
The City is in need of building plan review and inspection services to supplement City staff plan
review and inspection services. The City continues to have a high need to provide timely review
of building plans and inspections for conformance with adopted codes. The need currently
exceeds the capacity of existing City staff to meet service desires and is expected to continue.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
City shall provide Consultant with a list of requested inspections and supporting documents.
5. OTHER CONSULTANT RESOURCES
No additional consultants shall be engaged without prior written approval by the City.
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
A. Projects will include typical residential and commercial projects, including the full
range from new-builds to remodels and additions; structural engineering plan
reviews; and residential and commercial roof, mechanical, plumbing and/or
electrical inspections. Work may also include unusual projects with which the City
staff has limited experience.
B. Consultant will provide code compliant plan review and inspection services on an
as requested basis using qualified professionals. Services will be provided per the
City’s adopted codes, amendments and ordinances.
C. Consultant will provide written reports of code deficiencies, including
architectural/accessibility, mechanical, plumbing, electrical, and structural.
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D. Consultant will review all schematics, design development, and permits as
requested.
E. Consultant will attend any Building Division and design team meetings as
requested.
F. Consultant will provide resolution of deficiencies and verification of permit
documents.
G. Consultant will provide a 2 to 3 week turnaround on most projects.
7. SPECIAL TERMS, IF ANY
A. Consultant is not obligated to perform services beyond what is contemplated by the
Agreement. Any changes or additions to the scope of work shall be done in writing
and shall specifically state the additional fees, if any, for such changes.
B. Consultant is under no obligation to perform and will not perform any inspection
services relating to site infrastructure including roads, parking lots, landscaping,
drainage or other matters not included as building code issues.
C. The Professional Services Agreement for services rendered will not exceed Seventy
Thousand Dollars ($70,000.00).
8. MODE OF PAYMENT
Payment will be made to Consultant in the form of a check.
9. PAYMENT SCHEDULE
A. Consultant shall submit an invoice to the City for work completed and reimbursable
expenses incurred on a monthly basis. City will pay Consultant within 30 days of
receipt of said invoice.
B. City will pay Consultant for work in accordance with the following payment schedule.
All payments are contingent on Consultant’s satisfying the Deliverables/Milestones set
forth in paragraph 10. Schedule and Performance Milestone. Payments shall be made
upon City’s written confirmation to Consultant that the Deliverables/Milestones have
been satisfied.
Service or Fee Type
Commercial Plan Review 65-75% of City Plan Review Fee
Minimum Charge $500
75% up to $10 million
70% for $10.1 million up to $15 million
65% for $15.1 million up to $30 million
Negotiated above $30 million
Residential Plan Review 75% of City Plan Review Fee
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Commercial Project Support
(Plan Review and Inspections)
Included in Plan Review Fees
NA % of Building/Trade Permit Fees (hourly
as needed)
Structural Engineering Plan Review
Included in Plan Review Fees
Review of Plan Resubmittals Included in Plan Review Fees
Review of Plan Changes to Approved
Plans
Principal or Associate: $160
Sr. Plans Examiner: $140
Plans Examiner: $120
Designer: $115
With prior approval from both parties after an
estimate is given to Englewood Building Official;
0.1 hr increments
Inspections - On Call/As Needed $120/hr Commercial
$100/hr Residential
After Hours/Emergency Inspections $120.00/hr Commercial
$100/hr Residential
Re-Inspection Services $120.00/hr Commercial
$100/hr Residential
Rates Charged for Travel Time and/or
Mileage
$120/hr Commercial
$100/hr Residential
IRS Mileage Rate
Time tracked will not include travel time. Consultant time starts when Consultant(s) arrive on-
site.
10. SCHEDULE AND PERFORMANCE MILESTONES
Consultant will provide services as requested by the City in accordance with the time frames and
deliverables listed below:
Deliverables
Inspection
Services
Perform inspections called in by 4:00 pm the next business day
Plan Review
Turnaround
Times
Provide comments within the following timeframes:
Project Type:
Single-family within
Multi-family within
Small commercial within
Large commercial within
First Comments Second Comments
7 business days
10 business days
10 business days
15 business days
5 business days or less
10 business days or less
10 business days or less
10 business days or less
Reporting
Services
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11. ACCEPTANCE AND TESTING PROCEDURES
N/A
12. LOCATION OF WORK FACILITIES
Substantially all work will be conducted by Consultant at its regular office located at 4605 Quebec
Street, Unit B8, Denver, Colorado 80216.
IN WITNESS WHEREOF, pursuant and in accordance with Amendment Number 3 between the
parties hereto dated ___________ , the parties have executed this Statement of Work
as of this ______________________.
CITY OF ENGLEWOOD, COLORADO
By:
(Signature)
________________________________
(Print Name)
Title: _________________ ______________
Date: _______________________________
AEC WEST CONSULTANTS, INC.
By:
(Signature)
____ James P. Horne______
(Print Name)
Title: Principal
Date: _________________________
11-12-2024
Docusign Envelope ID: 4528475D-B397-452F-88CF-C5A2D42E68EA
11/13/2024
Brad Power
Community Development Director
11/13/2024
11/13/2024
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