HomeMy WebLinkAbout2016 Ordinance No. 041•
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ORDINANCE NO.£
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 44
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA)
AND THE CITY OF ENGLEWOOD, COLORADO
WHEREAS, C.R.S 29-1-203 as well as Article XIV § 18(2) of the Colorado Constitution
encourage governmental entities to make efficient and effective use of their powers and
responsibilities through cooperation and the execution of intergovernmental agreements; and
WHEREAS, this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been
budgeted, appropriated and otherwise made available pursuant to C.R.S. 24-32-117 (Marijuana
Cash Fund) and a sufficient unencumbered balance thereof remains available for payment; and
WHEREAS, the City of Englewood applied for and has been awarded a Marijuana Impact
Grant of$12,436.00; and
WHEREAS, federal funds from the U.S . Department of Justice fund are used; and
WHEREAS, the passage of this Ordinance authorizes acceptance of the Marijuana Impact
Grant Funds from the State of Colorado Department of Local Affairs (DOLA) will be used by
the Englewood Police Department to purchase equipment consisting of personal protection
equipment, air monitor, and camera for the City of Englewood Police Department.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, TI-IA T:
Section I. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of a grant from the State of Colorado Department of Local Affairs (DOLA) to assist
the Englewood Police Department in purchasing equipment consisting of the purchase of
personal protection equipment, air monitor and camera to deal with the impacts from the sale,
transfer, cultivation, or processing of retail marijuana or any illegal activity related to marijuana,
attached hereto as "Exhibit A".
Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and
on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 7th day of November, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the t 0th day of
November, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
November, 2016 for thirty (30) days.
Read by title and passed on final reading on the 21st day of November, 2016.
Published by title in the City's official newspaper as Ordinance No. t/1 Series of 2016, on
the 24th day of November, 2016.
Published by title on the City's official website beginnin
November, 2016 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is }}JUe copy of the Ordinance passed on final reading and published by
title as Ordinance No. ':tL, Series of 2016 .
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MJ #16-008-Englewood PD Equipment 2016
GRANT AGREEMENT
Between
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
Identification #s:
Encumbrance #:
Contract Management System#:
Proiect Information:
Project/Award Number:
Project Name:
Performance Period:
Brief Description of Project/
Assistance:
Program & Funding Information:
And
CITY OF ENGLEWOOD
F17MJ16008
94733
MJ 16-008
Summary
Award Amount: $12,436.00
(DOLA 's primary identification #)
(State of Colorado's tracking#)
Englewood PD Equipment 2016
Start Date: End Date: 9/30/2017
The Project consists of the purchase of personal protection equipment, air
monitor. and camera for the City of Englewood Police Department.
Program Name Marijuana Impact Grant Program
Funding source: State Funds
Catalog of Federal Domestic Assistance (CFDA) Number (iffederal funds): NI A
Funding Account Codes:
E
X
H
I
B
I
T
A
MJ #16-008-Englewood PD Equipment 2016
TABLE OF CONTENTS
1. PARTIES .............................................................................................................................................................................. 2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ................................................................................................. 2
3. RECITALS ........................................................................................................................................................................... 2
4. DEFINITIONS ..................................................................................................................................................................... 3
5. TERM ................................................................................................................................................................................... 4
6. ST A TEl'vffiNT OF WORK ................................................................................................................................................... 5
7. PA ~NTS TO GRANTEE ............................................................................................................................................... S
8. REPORTING-NO11FICATION ........................................................................................................................................ 6
9. GRANTEE RECORDS ........................................................................................................................................................ 6
10. CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................................................. 7
11. CONFLICTS OF INTEREST ............................................................................................................................................ 8
12. REPRESENTATIONS AND WARRANTIES .................................................................................................................. 8
13. INSURANCE ..................................................................................................................................................................... 8
14. BREACH .......................................................................................................................................................................... 11
15. R.ErvlEDIES ...................................................................................................................................................................... 11
16. NOTICES and REPRESENTATIVES ............................................................................................................................. 14
17. RJGHTS IN DATA, DOCUMENTS, AND COJ.\.1PUTER SOFTWARE ........................................................................ 14
18. GOVERNl\liENTAL ~TY ................................................................................................................................... 14
19. STATEWIDE CONTRACT MANAGE~ SYSTEM .............................................................................................. 14
20. RESTRJCTION ON PUBLIC BENEFITS ....................................................................................................................... 15
21. GENERALPROVISlONS ............................................................................................................................................... 15
22. COLORADO SPECIAL PROVISIONS .......................................................................................................................... 18
SIGNATURE PAGE .............................................................................................................................................................. 20
EXHIBIT A-RESERVED.
EXI-llBIT B -SCOPE OF PROJECT
EXHIBIT C -RESERVED.
EXHIBIT D-RESERVED.
EXHIBIT E -RESERVED.
EXHIBIT F -RESERVED.
EXHIBIT G-FORM OF OPTION LETTER
FORM I-RESERVED.
1. PARTIES
This Agreement (hereinafter called "Grant") is entered into by and between the CITY OF ENGLEWOOD
(hereinafter called "Grantee"), and the ST A TE OF COLORADO acting by and through the Department of Local
Affairs for the benefit of the Division of Local Government (hereinafter called the "State" or "DOLA").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee (hereinafter called the "Effective Date"}. The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any
provision hereof prior to (see checked option(s) below):
A. [81 The Effective Date.
B. D The Effective Date; provided, however, that all Project costs, if specifically authorized by the federal
funding authority, incurred on or after March 1, 20XX, may be submitted for reimbursement as if
incurred after the Effective Date.
C. 0 insert date for authorized Pre-agreement Costs (as such term is defined in §4) , if specifically
authorized by the funding authority . Such costs may be submitted for reimbursement as if incurred after
the Effective Date.
3. RECITALS
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A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted,
appropriated and otherwise made available pursuant to C.R.S.24-32-117 (Marijuana Tax Cash Fund) and a
sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and
coordination have been accomplished from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The purpose of this Grant is described in Exhibit B.
D. References
All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or
other attachments, are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget" means the budget for the Project and/or Work described in Exhibit B.
B. Closeout Certification
"Closeout Certification" means the Grantee's certification of completion of Work submitted on a form
provided by the State.
C. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in
§6 and Exhibit B.
D. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein:
i. Exhibit B (Scope of Project)
ii. Exhibit G (Form of Option Letter)
E. Goods
"Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
F. Grant
"Grant" means this agreement, its terms and conditions, attached exhibits, documents incorporated by
reference pursuant to the terms of this Grant, and any future modifying agreements, exhibits, attachments
or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller
Policies.
G. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
H. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
I. Pay Request(s)
"Pay Request(s)" means the Grantee's reimbursement request(s) submitted on form(s) provided by the
State.
J. Pre-agreement costs
"Pre-agreement costs," when applicable, means the costs incurred on or after the date as specified in §2
above, and prior to the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant
application and specifically authorized by the State and incorporated herein pursuant to Exhibit B.
K. Project
"Project" means the overall project described in Exhibit B, which includes the Work.
L. Project Closeout
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"Project Closeout" means the submission by the Grantee to the State of an actual final Pay Request, a final
Status Report and a Closeout Certification.
M. Program
"Program" means the grant program specified on the first page of this Grant that provides the funding for
this Grant.
N. Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in
accordance with the criteria established in §6 and Exhibit B.
0. Services
"Services" means the required services to be performed by Grantee pursuant to this Grant.
P. Status Report(s)
"Status Report(s)" means the Grantee's status report(s) on the Work/Project submitted on fonn(s) provided
by the State.
Q. Subcontractor
"Subcontractor" means third-parties, if any, engaged by Grantee to cany out specific vendor related
services.
R. Subgrantee
"Subgrantee" means third-parties, if any, engaged by Grantee to aid in performance ofits obligations.
Subgrantee is bound by the same overall programmatic and grant requirements as Grantee.
S. Subject Property
"Subject Property" means the real property, if any, for which Grant Funds are used to acquire, construct, or
rehabilitate.
T. Substantial Progress in the Work
"Substantial Progress in the Work" means Grantee meets all deliverables and performance measures within
the time frames specified in Exhibit B.
U. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit B, including the perfonnance of the Services and delivery of the Goods.
V. Work Product
"Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to,
software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents,
drawings, models, surveys, maps, materials, or work product of any type, including drafts.
S. TERM
A. Initial Tenn-Work Commencement
Unless otherwise permitted in §2 above, the Parties' respective perfonnances under this Grant shall
commence on the Effective Date. This Grant shall terminate on September 30, 2017 unless sooner
terminated or further extended as specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension
thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to
prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two-
month extension shall immediately terminate when and if a replacement Grant is approved and signed by
the Colorado State Controller.
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6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. Except as
specified in §2 above, the State shall not be liable to compensate Grantee for any Work performed prior to
the Effective Date or after the termination of this Grant.
B. Goods and Seavices
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees'
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $12,436.00 {TWELVE
THOUSAND, FOUR HUNDRED THffiTY SIX and XX/100 DOLLARS}. as determined by the State
from available funds. Grantee agrees to provide any additional funds required for the successful completion
of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in
Exhibit B.
B. Payment
i. Advance, Interim and Final Payments
Any payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any
payment requests by submitting invoices to the State in the form and manner set forth and approved by
the State.
ii. Interest
The State shall not pay interest on Grantee invoices. The State shall fully pay each invoice within 45
days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted
by the State.
iii. Available Funds-Contiogency-Terminatioo
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are
used with this Grant in whole or in part, the State's perfonnance hereunder is contingent upon the
continuing availability of such funds . Payments pursuant to this Grant shall be made only from
available funds encumbered for this Grant and the State's liability for such payments shall be limited
to the amount remaining of such encumbered funds. If State or federal funds are not fully
appropriated, or otherwise become unavailable for this Grant, the State may immediately tenninate
this Grant in whole or in part to the extent of funding reduction without further liability in accordance
with the provisions herein.
iv. Erroneous Payments
At the State's sole discretion, payments made to Grantee in error for any reason, including, but not
limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
grants or agreements between the State and Grantee or by other appropriate methods and collected as a
debt due to the State. Such funds shall not be paid to any person or entity other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B.
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i. Budget Line Item Adjustments.
Modifications to uses of such Grant Funds shall be made in accordance with §4.4 of Exhibit B. For
line item adjustments, the State will provide written notice to Grantee in a form substantially
equivalent to Exhibit G ("Option Letter"). If exercised, the provisions of the Option Letter shall
become part of, and be incorporated into, this Grant.
D. Matching/Leveraged Funds
Grantee shall provide matching and/or leveraged funds in accordance with Exhibit B.
8. REPORTING-NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §19, if applicable.
A. Performance, Progress, Personnel, and Funds
State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder . In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit B.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving, such notice and
copies shall be delivered to the Executive Director ofDOLA.
C. Performance Outside the State of Colorado and/or the United States
[Not applicable if Grant Funds include any federal funds]
Following the Effective Date, Grantee shall provide written notice to the State, in accordance with §16
(Notices and Representatives), within 20 days of the earlier to occur of Grantee's decision to perform, or
its execution of an agreement with a Sub grantee to perform, Services outside the State of Colorado and/or
the United States. Such notice shall specify the type of Services to be perfonned outside the State of
Colorado and/or the United States and the reason why it is necessary or advantageous to perform such
Services at such location or locations. AU notices received by the State pursuant to this §8.C shall be posted
on the Colorado Department of Personnel & Administration's website. Knowing failure by Grantee to
provide notice to the State under this §8.C shall constitute a material breach of this Grant.
D. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
E. Subgrants/Subcontracts
Copies of any and all sub grants and subcontracts entered into by Grantee to perfonn its obligations
hereunder shall be submitted to the State or its principal representative upon request by the State. Any and
all subgrants and subcontracts entered into by Grantee related to its perf onnance hereunder shall comply
with all applicable federal and state laws and shall provide that such subgrants be governed by the Jaws of
the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the
"Record Retention Period") until the last to occur of the following:
(i) a period of five years after the date this Grant is completed or terminated, or final payment is made
hereunder, whichever is later, or
(ii) for such further period as may be necessary to resolve any pend ing matters, or
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(iii) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit
has been completed and its findings have been resolved.
B. Inspection
Grantee shall permit the State, the federal government (if Grant Funds include federal funds) and any other
duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe
Grantee's records related to this Grant during the Record Retention Period for a period of five years
following termination of this Grant or final payment hereunder, whichever is later, to assure compliance
with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to
inspect the Work at all reasonable times and places during the term of this Grant, including any extension.
If the Work fails to conform to the requirements of this Grant, the State may re'quire Grantee promptly to
bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be
brought into conformance by re-performance or other corrective measures, the State may require Grantee to
take necessary action to ensure that future performance conforms to Grant requirements and exercise the
remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective
measures.
C. Monitoring
Grantee shall permit the State, the federal government (if Grant Funds include federal funds), and other
governmental agencies havingjurisdiction, in their sole discretion, to monitor all activities conducted by
Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to:
internal evaluation procedures, examination of program data, special analyses, on-site checking, formal
audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a
manner that shall not unduly interfere with Grantee's performance hereunder.
D. Final Audit Report
Grantee shall provide a copy of its audit report(s) to DOLA as specified in Exhibit B.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
state records, personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and comply with all laws and
regulations concerning confidentiality of information. Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State's
principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents . Grantee shall, to the extent
permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and
all claims, damages, liability and court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or
assignees pursuant to this §10.
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11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships which
conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that
with respect to this Grant, even the appearance of a conflict ofinterest is harmful to the State's interests. Absent
the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a
conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of
interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND W ARRANTIBS
Grantee makes the following specific representations and warranties, each of which was relied on by the State in
entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority -Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its
terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc,
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain
all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during
the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shalt require each subgrant with Subgrantees that are public entities,
providing Goods or Services hereunder, to include the insurance requirements necessary to qieet
Subgrantee's liabilities under the GIA.
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ii. Non-Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in §13{B) with respect to Subgrantees that are not "public entities".
B. Grantees, Subgrantees and Subcontractors
Grantee shall require each subgrant with Subgrantees and each contract with Subcontractors, other than
those that are public entities, providing Goods or Services in connection with this Grant, to include
insurance requirements substantially similar to the following:
i. Workers' Compensation
Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Grantee, Subgrantee and Subcontractor employees acting within the course and scope
of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
iv. Malpractice/Professional Liability Insurance
This section D shall I t8J shall not apply to this Grant.
Grantee, Subgrantees and Subcontractors shall maintain in full force and effect a Professional Liability
Insurance Policy in the minimum amount of $1,000,000 per occurrence and $1,000,000 in the
aggregate, written on an occurrence form, that provides coverage for its work undertaken pursuant to
this Grant. If a policy written on an occurrence fonn is not commercially available, the claims-made
policy shall remain in effect for the duration of this Grant and for at least two years beyond the
completion and acceptance of the work under this Grant, or, alternatively, a two year extended
reporting period must be purchased. The Grantee, Subgrantee or Subcontractor shall be responsible for
all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from such
party's performance of professional services under this Grant, a subcontract or subgrant.
v. Umbrella Liability Insurance
For construction projects exceeding $10,000,000, Grantee, Subgrantees and Subcontractors shall
maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying
insurance described in §13B(i)-(iv) above. Coverage shall follow the tenns of the underlying
insurance, included the additional insured and waiver of subrogation provisions. The amounts of
insurance required in subsections above may be satisfied by the Grantee, Subgrantee and
Subcontractor purchasing coverage for the limits specified or by any combination of underlying and
umbrella limits, so long as the total amount of insurance is not less than the limits specified in each
section previously mentioned. The insurance shall have a minimum amount of $5,000,000 per
occurrence and $5,000,000 in the aggregate.
vi. Property Insurance
This subsection shall apply if Grant Funds are provided for the acquisition, construction, or
rehabilitation of real property.
Insurance on the buildings and other improvements now existing or hereafter erected on the premises
and on the fixtures and personal property included in the Subject Property against loss by fire, other
hazards covered by the so called "all risk" form of policy and such other perils as State shall from time
to time require with respect to properties of the nature and in the geographical area of the Subject
Property, and to be in an amount at least equal to the replacement cost value of the Subject Property.
Grantor will at its sole cost and expense, from time to time and at any t ime, at the request of State
provide State with evidence satisfactory to State of the replacement cost of the Subject Property.
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vii.Flood Insurance
If the Subject Property or any part thereof is at any time located in a designated official flood hazard
area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the
Subject Property and the personal property used in the operation thereof in an amount equal to the
lesser of the amount required for property insurance identified in §vi above or the maximum limit of
coverage made available with respect to such buildings and improvements and personal property
under applicable federal laws and the regulations issued thereunder.
viii. Builder's Risk Insurance
This subsection shall apply if Grant Funds are provided/or construction or rehabilitation of real
property.
Grantee, Subgrantee and/or Subcontractor shall purchase and maintain property insurance written on a
builder's risk "all-risk" or equivalent policy form in the amount of the initial
construction/rehabilitation costs, plus value of subsequent modifications and cost of materials supplied
or installed by others, comprising total value for the entire Project at the site on a replacement cost
basis without optional deductibles. Such property insurance shall be maintained, unless otherwise
agreed in writing by all persons and entities who are beneficiaries of such insurance, until final
payment has been made or until no person or entity other than the property owner has an insurable
interest in the property.
a) The insurance shall include interests of the property owner, Grantee, Subgrantee,
Subcontractors in the Project as named insureds.
b) All associated deductibles shall be the responsibility of the Grantee, Subcontractor and
Subgrantee. Such policy may have a deductible clause but not to exceed $10,000.
c) Property insurance shall be on an "all risk" or equivalent policy form and shall include, without
limitation, insurance against the perils of fire (with extended coverage) and physical loss or
damage including, without duplication of coverage, theft, vandalism, malicious mischief,
collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and
debris removal including demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for Grantee's, Subgrantee's and
Subcontractor's services and expenses required as a result of such insured loss.
d) Builders Risk coverage shall include partial use by Grantee and/or property owner.
e) The amount of such insurance shall be increased to include the cost of any additional work to
be done on the Project, or materials or equipment to be incorporated in the Project, under other
independent contracts let or to be let. In such event, Subgrantee and Subcontractor shall be
reimbursed for this cost as his or her share of the insurance in the same ratio as the ratio of the
insurance represented by such independent contracts let or to be let to the total insurance
carried.
iL Pollution Liability Insurance
If Grantee and/or its Subgrantee or Subcontractor is providing directly or indirectly work with
pollution/environmental hazards, they must provide or cause those conducting the work to provide
Pollution Liability Insurance coverage. Pollution Liability policy must include contractual liability
coverage. The policy limits shall be in the amount of$1,000,000 with maximum deductible of $25,000
to be paid by the Grantee's Subcontractor and/or Subgrantee.
C. Miscellaneous Insurance Provisions
Certificates of Insurance and/or insurance policies required under this Grant shall be subject to the
following stipulations and additional requirements:
i. Deductible. Any and all deductibles or self-insured retentions contained in any Insurance policy shall
be assumed by and at the sole risk of the Grantee, its Subgrantees or Subcontractors,
ii. In Force. If any of the said policies shall fail at any time to meet the requirements of the Grant as to
fonn or substance, or if a company issuing any such policy shall be or at any time cease to be
approved by the Division of Insurance of the State of Colorado, or be or cease to be in compliance
with any stricter requirements of the Grant, the Grantee, its Subgrantee and its Subcontractor shall
promptly obtain a new policy.
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iii. Insurer. All requisite insurance shall be obtained from financially responsible insurance companies,
authorized to do business in the State of Colorado and acceptable to Grantee,
iv. Additional Insured
Grantee and the State shall be named as additional insureds on the Commercial General Liability and
Automobile Liability Insurance policies (leases and construction Grants require additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of Grantee, Subgrantees and Subcontractors shall be primary over any insurance or
self-insurance program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such
notice.
vii.Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees and Subcontractors as required herein shall include clauses stating that each carrier shall
waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
D. Certificates
Grantee, Subgrantee and Subcontractor shall provide certificates showing insurance coverage required
her_eunder to the State within seven business days of the Effective Date of this Grant or of their respective
subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage, Grantee,
Subgrantee and Subcontractor shall deliver to the State or Grantee certificates of insurance evidencing
renewals thereof. In addition, upon request by the State at any other time during the term of this Grant,
subgrant or subcontract, Grantee, Subgrantee and Subcontractor shall, within IO days of such request,
supply to the State evidence satisfactory to the State of compliance with the provisions of this §13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform
any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of
its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything
to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis .
15. REMEDIES
If Grantee is in breach under any provision of this Grant or if the State terminates this Grant pursuant to §lS(B),
the State shall have the remedies listed in this §15 in addition to all other remedies set forth in other sections of
this Grant following the notice and cure period set forth in §14(B), if applicable. The State may exercise any or
all of the remedies available to it, in its sole discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner, the State may notify
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Grantee of such non-perfonnance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period, the State, at its option, may terminate this
entire Grant or such part of this Grant as to which there has been delay or a failure to properly perfonn .
Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and subgrants/subcontracts with third parties. However, Grantee shall complete and deliver to
the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders
or subgrants/subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an interest .
All materials owned by the State in the possession of Grantee shall be immediately returned to the
State.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until
such time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of fonner lien holders, or to reimburse the
State for the excess costs incurred in procuring similar goods or services.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as detennined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further
the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part.
Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This
subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which
shall be governed by §lS(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the
effective date of the tennination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations
and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §lS(B), Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion
of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
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C. Termination for No Substantial Progress in the Work
The State may elect to tenninate this Grant upon receipt and review of any Quarterly Progress Report,
submitted per the time periods defined in Exhibit B, if such Quarterly Progress Report fails to evidence
Substantial Progress in the Work as directed, defined and expected under Exhibit B. Further, the State
may elect to terminate this Grant if the Grantee fails to complete Project Closeout within three months of
completion of the Work. Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and subgrants/subcontracts with third parties. However, Grantee shall complete and deliver to
the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders
or subgrants/subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an interest.
All materials owned by the State in the possession of Grantee shall be immediately returned to the
State.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until
such time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of fonner lien holders, or to reimburse the
State for the excess costs incurred in procuring similar goods or services.
D. Remedies Not Involving Termination
The State, at its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease perf onnance and incurring costs in accordance
with the State's directive and the State shall not be liable for costs incurred by Grantee after the
suspension of perfonnance under this provision .
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot
be performed or, if performed, would be of no value to the State; provided, that any denial of payment
shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the
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State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other
product involved with non-infringing products or modify them so that they become non-infringing; or,
(c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods,
Services, or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
B. Grantee:
Chantal Unfug, Division Director
Division of Local Government
Colorado Department of Local Affairs
1313 Sherman Street, Room 521
Denver, Colorado 80203
Email: chantal.unftrn(a'lstate.co.us
Joe Jefferson, Mayor
City of Englewood
l 000 Englewood Parkway
Englewood, Colorado 80110
Email: i iefferson@en!!lewooduov.om
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
This section D shall I i:gj shall not apply to this Grant.
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered
to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work
Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative
works. Grantee shall not use, willingly allow, cause or pennit such Work Product to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the GIA . Liability for claims for
injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions,
agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk
management statutes, CRS §24-30-1501, et seq., as amended .
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is greater than $100,000 either on the Effective
Date or at anytime thereafter, this §19 applies .
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
§24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant perfonnance information in a statewide Contract Management System.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation
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and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of infonnation
relevant to the perfonnance of Grantee's obligations under this Grant shall be detennined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review detennine that Grantee demonstrated a gross failure to
meet the perfonnance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration (Executive Director), upon request by the Department of Local Affairs, and
showing of good cause, may debar Grantee and prohibit Grantee from receiving future grants and bidding on
future contracts. Grantee may contest the final Evaluation, Review and Rating by: {a) filing rebuttal statements,
which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS
§24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or
202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director,
upon a showing of good cause.
20. RESTRICTION ON PUBLIC BENEFITS
This section O shall I ~ shall not apply to this Grant.
Grantee must confinn that any individual natural person is lawfully present in the United States pursuant to CRS
§24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the
applicant to:
A. Produce an identification document in accordance with §2.1.1 through §2.1.3 of Colorado Department of
Revenue's Rule # 1 CCR 201-17, Rule for Evidence of Lawful Presence, as amended.
B. Execute an affidavit herein attached as Form 1, Residency Declaration, stating
i. That he or she is a United States citizen or legal permanent resident; or
ii. That he or she is otherwise lawfully present in the United States pursuant to federal law.
[The following applies if Grant is funded with federal funds].
Notwithstanding the foregoing, to the extent that there is any conflict with the provisions above or those set
forth in the Residency Declaration attached hereto as Form 1 and any provision offederal law, the provisions of
federal law shall prevail.
21. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
such consent shall be void. All assignments, subgrants, or subcontracts approved by Grantee or the State
are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
and subcontracting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §21(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
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E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein.
F. Indemnification-General
Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees
and agents, against any and all claims, damages, liability and court awards including costs, expenses, and
attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees,
agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall
not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protection. or other provisions, of the GIA, or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as
applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. Applicable Laws
At all times during the perfonnance of this Grant, Grantee shall comply with all applicable Federal and
State laws and their implementing regulations, currently in existence and as hereafter amended. Grantee
also shall require compliance with such laws and regulations by subgrantees under subgrants permitted by
this Grant.
I. Use Covenants
This section D shall 118] shall not apply to this Grant:
For Subject Property that is owned by Grantee upon execution of this Grant, Grantee shall record a Use
Covenant substantially equivalent to Exhibit F with the county in which the property resides as soon as
reasonably practicable after execution of this Grant. For Subject Property acquired by Grantee using Grant
Funds, Grantee shall record a Use Covenant substantially equivalent to Exhibit F with the county in which
the property resides as soon as reasonably practicable after acquisition of such property.
J. Modification
i. By the Parties
If either the State or the Grantee desire to modify the terms of this Grant to either increase or decrease
total awarded funds, make budget line item adjustments to Grant Funds, and/or change the
performance period or term of the Grant, this may be achieved unilaterally by DOLA through an
Option Letter (Exhibit G). Except as otherwise provided in this Grant, no modification shall be
effective unless agreed to in writing by the Parties in an amendment, properly executed and approved
in accordance with applicable Colorado State Jaw, State Fiscal Rules, and Office of the State
Controller Policies. Changes to the Grant shall be authorized for approval by the following State or
DOLA parties:
a) Approval by Division Director
The Division Director of DOLA, or his delegee, shall have authority to approve changes to the
Responsible Administrator and Key Personnel specified in §5 of Exhibit Band the Principal
Representative in §16.
b) Approval by DOLA Controller
The DOLA Controller shall have authority to approve all changes to the Grant which are not
reserved to the Division Director above.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein .
K. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
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provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. Colorado Special Provisions
ii. The provisions of the main body of this Grant (excluding the cover page)
m. Any executed Option Letters
iv. Exhibit B (Scope of Project)
v. The cover page of this Grant
L. Severa bility
Provided this Grant can be executed and perfonnance of the obligations of the Parties accomplished within
its intent. the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
M. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued perfonnance,
compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
N. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
0. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and
not to any third party. Any services or benefits which third parties receive as a result of this Grant are
incidental to the Grant, and do not cre!lte any rights for such third parties.
P. Waiver
Waiver of any breach of a tenn, provision, or requirement of this Grant. or any right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such tenn, provision or requirement, or of any other term, provision, or requirement.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Grant and the performance measures and standards under
CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS
§24-72-IO 1, et seq.
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22. COLORADO SPECIAL PROVISIONS
A. The Special Provisions apply to all Grants except where noted in italics.
i. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
ii. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
iii. GOVERNMENT AL IMMUNITY.
No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and
2671 et seq., as applicable now or hereafter amended.
iv. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the
State. Grantee and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such
coverage for Grantee or any of its agents or employees . Unemployment insurance benefits shall be
available to Grantee and its employees and agents only if such coverage is made available by Grantee
or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or
implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein.
Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, {b) provide proof thereof when requested by the State, and
(c) be solely responsible for its acts and those of its employees and agents.
v. COMPLIANCE WITH LAW.
Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
vi. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole
or in part shall not be valid or enforceable or available in any action at law, whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this
provision shall not invalidate the remainder of this Grant, to the extent capable of execution.
vii .BINDING ARBITRATION PROHIBITED .
The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
viii. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 .
State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during th e term of this Grant and any
extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State detennines that Grantee is in violation of this provision, the
State may exercise any remedy available at law or in equity or under this Grant, including, without
Page 18 of20
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MJ #16-008 -Englewood PD Equipment 2016
limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
ix. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall
not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Grantee's services and Grantee shall not employ any person having such known
interests.
L VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
(Not applicable to intergovernmental agreements) Subject to CRS §24-30-202.4 (3.5), the State
Controller may withhold payment under the State's vendor offset intercept system for debts owed to
State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of
tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to
the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to
the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of
final agency determination or judicial action.
xi. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental Agreements, or
information technology services or products and services] Grantee certifies, warrants, and agrees that
it does not knowingly employ or contract with an illegal alien who shall perform work under this
Grant and shall confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant. through participation in the E-
Verify Program or the State program established pursuant to CRS §8-l 7.5-102(5)(c), Grantee shall
not knowingly employ or contract with an illegal alien to perfonn work under this Grant or enter into
a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly
employ or contract with an illegal alien to perform work under this Grant Grantee (a) shall not use E-
Verify Program or State program procedures to undertake pre-employment screening of job applicants
while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency
within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with
an illegal alien for work under this Grant, ( c) shall tenninate the Subgrant if a Subgrantee does not
stop employing or contracting with the illegal alien within three days of receiving the notice, and (d)
shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to
CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates
in the State program, Grantee shall deliver to the granting State agency, Institution of Higher
Education or political subdivision, a written, notarized affirmation, affirming that Grantee has
examined the legal work status of such employee, and shall comply with all of the other requirements
of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-
17 .S-10 I et seq., the granting State agency, institution of higher education or political subdivision
may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages.
xii.PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and afflrms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (b) shall comply with the provisions ofCRS §24-76.5-101 et seq., and (c) has
produced one form of identification required by CRS §24-76.5-103 prior to the Effective Date of this
Grant.
(Special Provisions -effective 1/1/09)
Page 19 of20
MJ #16-008 -Englewood PD Equipment 2016
CMS#94733
SIGNATURE PAGE
THE PARTIES HERETO HA VE EXECUTED Tms GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalfand
acknowledge that the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO CITY OF ENGLEWOOD
John W. Hickenlooper, GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By: Joe Jefferson
Name of Authorized Individual (print)
By:
Title: t!la~c.c Irv Halter, Executive Director
Official Title of Authorized Individual
Date:
*Signature
Date:
PRE-APPROVED FORM CONTRACT REVIEWER
By:
Rachel Harlow-Schalk. Financial Assistance Director
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and
dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If
Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance
or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA
By: ______________ _
Janet Miks, CPA, Controller Delegate
Date: --------
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MJ # 16-008 -Englewood PD Equipment 2016
EXHIBIT B -SC~PE OF PROJECT (SOP)
1. PURPOSE
1.1. Marijuana Impact. The purpose of the Marijuana Impact Grant Program is to assist eligible local
governments who do not allow the sale of retail marijuana within their jurisdictions, but are
experiencing documented impacts from the sale. transfer, cultivation, or processing of retail marijuana
or any illegal activity related to marijuana
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of the purchase of personal protection equipment. air
monitor, and camera for the City of Englewood Police Department.
2.2. Work Description. The City of Englewood (Grantee} shall purchase personal protection equipment
(PPE), an air monitor, and camera for the Englewood Police Department. Grantee shall own all of the
purchased equipment.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1.Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses. Eligible expenses shall include: equipment and materials costs and freight costs.
3. DEFINITIONS
3.1. "Cumulative Budgetary Line Item Changes" means a cumulative or increasing accumulation of
additional expenses within a specific line item as listed in §6.2 Budget within this Exhibit B.
3.2. Project Budget Line items.
3.2.1. "Equipment, Vehicles or Materials Acquisition" means vehicles, equipment and materials costs,
freight costs. RFP/Bid advertisement costs, hardware, software and training costs, installation
costs, and attorney's fees.
3.3. "Substantial Completion" means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is the City of Englewood Police Department obtaining new
equipment.
4.2. Service Area. The perfonnance of the Work described within this Grant shall be located in
Englewood, Colorado.
4.3. Performance Measures. Grantee shall comply with the following perfonnance measures:
Milestone/Performance Measure/Grantee will: By:
Provide DOLA with Project/Puchase Timeline December 30, 2016
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report December 29, 2017
4.4. Budget Line Item Adjustments.
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MJ #16-008 -Englewood PD Equipment 2016
4.4.1.Grantee may request that DOLA move Grant Funds between and among budget line items, so long
as the total amount of Grant Funds remains unchanged. To make such budget line item changes,
DOLA will use an Option Letter (Exhibit G).
4.4.2.Grantee may increase or decrease the amount of any one or any combination of budget line items
of "Other Funds" as described in §6.1, or move funds between and among budget line items of
such "Other Funds," so long as the total amount of such "Other Funds" is not less than the amount
set forth in §6.1 below. Grantee may increase the Total Project Cost with "Other Funds" and such
change does not require an amendment. DOLA will verify the Grantee's contribution of"Other
Funds" and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. BegiMing 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1.For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) in the
request and specify status of the Work in the Status Report. The report will contain an update of
expenditure of funds by line item as per §6.2 of this Exhibit B Scope of Project as well as a
projection of all Work expected to be accomplished in the following quarter, including an estimate
of Grant Funds to be expended.
4.5.2.Specific submittal dates. •
Quarter Year Due Date Pay Request Status Report
4111 (Oct-Dec) 2016 January 30, 2017 Yes Yes
191 (Jan-Mar) 2017 April 30, 2017 Yes Yes
2nd (Apr-Jun) 2017 July 30, 2017 Yes Yes
3'11 (Jul-Sep) 2017 October 30, 2017 Yes Yes
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to
replace its key persoMel, it shall notify the State and seek its approval, which shall be at the State 's
sole discretion, as the State executed this Grant in part reliance on Grantee's representations regarding
key persoMel. Such notice shall specify why the change is necessary, who the proposed replacement is,
what their qualifications are, and when the change will take effect. Anytime key personnel cease to
serve, the State, in its sole discretion, may direct Grantee to suspend Work until such time as
replacements are approved. All notices sent under this subsection shall be sent in accordance with §16
of the Grant.
5.2. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Jeff Sanchez. Deputy Police Chief (isanchez@englewoodgov.org), an employee or agent of Grantee,
who is hereby designated as the responsible administrator of this Project. Such administrator shall be
updated through the approval process in §5.1. If this person is an agent of the Grantee, such person
must have signature authority to bind the Grantee and must provide evidence of such authority ,
Page 2 of4
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Ml # 16-008 -Englewood PD Equipment 2016
5.3. Other Key Personnel. ~-Such key personnel shall be updated through the approval process in
§5.l.
6. FUNDING
The State provided funds shall be limited to the amount specified under the "Grant Funds" column of §6.2,
Budget, below.
6.1. Matching/Other Funds. Initial estimates of Grantee's contribution are noted in the "Other Funds"
column of §6.2 below. Increases to Grantee's contribution to Total Project Cost do not require
modification of this Grant Agreement and/or Exhibit B.
6.2. Budget
Budget_ Line Item(s) Total Cost, Grant _' _. Other Other Funds ..
. . -Funds · Fuilds, Source .
Equipment, Vehicles or $12,436 $12,436 $0 Grantee
Materials Acquisition
Total $12,436 $12,436 $0
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1 . Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or S ubgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Pavment Amount ..
' '
;
Interim Payment(s) $11,379 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible aooroved expenses.
Final Payment $621 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total $12,436
7.2. Interest Grantee or Subgrantee may keep interest earned from Grant Funds up to $1 00 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms .
DOLA may withhold payment(s) if such reports are not submitted timely.
8.1.1.Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.6 of this Exhibit B.
8.1.2.Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the
records for activities perfonned under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant. Such books and records shall contain documentation of the Grantee's pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
Page3 of4
MJ # I 6-008 -Englewood PD Equipment 20 I 6
8.2.1.Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any,
during the term of this Grant. Results of such monitoring shall be documented by Grantee and
maintained on file.
8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor ( or
subcontractors) performing such work shall secure the bonds here under from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do
business in Colorado.
8.3.1.Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The "bid
guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of
his bid, execute such contractual documents as may be required within the time specified.
8.3.2.Performance Bond. A performance bond on the part of the contractor for I 00 percent of the
contract price. A "performance bond" is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
8.3.3.Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract
price. A "payment bond" is one executed in connection with a contract to assure payment as
required by statute of all persons supplying labor and material in the execution of the work
provided for in the contract.
8.3.4.Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter
of credit if the price is less than $50,000.
9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or
renovation related projects/activities:
9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified
engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado
law, and hired by the Grantee through a competitive selection process.
9.2. Procurement. A construction contract shall be awarded to a qualified construction finn through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest responsive, responsible bidder meeting the Grantee's specifications.
9.3. Subcontracts. Copies of any ,and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required, including the standards required by
Colorado Department of Public Health and Environment, and shall provide the State with
documentation of such compliance.
THE REST OF Tms PAGE INTENTIONALLY LEFT BLANK
Page 4 of 4
•
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
November 21, 2016 9bii Marijuana Impact Grant
Agreement-2nd Reading
Initiated By: Staff Source:
Police Department Commander Vance Fender
PREVIOUS COUNCIL ACTION
On April 25, 2016, City Council gave permission to the Police Department to apply for the
Marijuana Impact Grant Program. (On July 8, 2016, we were notified that we had been awarded
the grant. On October 7, 2016, we received the Agreement from the Department of Local
Affairs.)
RECOMMENDED ACTION
The Police Department is recommending that City Council approve a bill for an ordinance, on
second reading, authorizing a Grant Agreement between the State of Colorado Department of
Local Affairs and the City of Englewood to receive funding for the Marijuana Impact Grant
Program.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The purpose of this program is to award grants to eligible local governments who do not allow
the sale of retail marijuana within their jurisdiction (at the time application was made), but who
are experiencing the impacts of retail marijuana from surrounding communities or any other
illegal activity related to marijuana. The grant program has two key components:
• Identify documented causational impacts to eligible local governments and determine grant
dollars needed to reimburse for those impacts; and
• In awarding grants, priority will be given to applicants who intend to use the grant funds for
one or more of the following purposes:
o To pay for additional law enforcement activities related to retail marijuana, including
costs associated with increased arrests, increased traffic violations, and prevention
of out-of-state diversions and trafficking of marijuana.
Since the beginning of 2015, the Police Impact Team, Fire Marshal and Building and Safety
Division have been tasked with investigating Marijuana Grow Operations (20+ cases) to verify
compliance with local laws and building/fire codes. There is a significant concern in regards to
the environment that our employees are being exposed to when conducting these
investigations. This includes exposure to high levels of mold spores, low toxicity pesticides and
other chemicals, carbon monoxide, and electrical hazards .
Our grant request is for the purchase of Personal Protective Equipment (PPE) which will
adequately protect our employees during these investigations.
FINANCIAL IMPACT
The funding for this project ($12,436) will be provided by the State of Colorado Department of
Local Affairs.
LIST OF ATTACHMENTS
Bill for an Ordinance
Grant Award Letter
Grant Agreement
Exhibit B -Scope of Project
Murphy Robinson
yam:
ent:
To:
Cc:
Subject
Murphy, per your voicemail.
Jeff Sanchez
Wednesday, November 16, 2016 7:37 AM
Murphy Robinson
Dugan Comer
FW: FW: MJ #16-008 -Englewood PD Equipment 2016 -GRANT AGREEMENT
From: Norton -DOLA, Tamra [mailto:tamra.norton@state.co.us]
Sent: Wednesday, October 12, 2016 5:45 PM
To: Jeff Sanchez <jsanchez@Englewoodco.gov>
Subject: Re: FW: MJ #16-008-Englewood PD Equipment 2016 -GRANT AGREEMENT
Hi Jeff,
We determine eligibility at the time of application. We have to have some point to stop that moving target. I
recommend we proceed as planned with the contract based on eligibility at time of application and move
forward. If the November ballot passes, the City would not be eligible to apply in future funding cycles.
Please let me know if your City Attorney agrees or if there are additional questions.
Thanks,
Tamra Norton
Marijuana Impact Grant Program Manager
~
. COLORAD .....
Department of LOCi
·• l)M~1nn rl. t.c-.,r~J f..r.•,c-rnm
P 303.864 .7734 I F 303.353.0751
1313 Sherman St., Room 521, Denver, CO 80203
tamra. norton@state.co. us I dola.colorado. gov/ dlg
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
November 7, 2016 9aii Marijuana Impact Grant
Agreement
Initiated By: Staff Source:
Police Department Commander Vance Fender
PREVIOUS COUNCIL ACTION
On April 25, 2016, City Council gave permission to the Police Department to apply for the
Marijuana Impact Grant Program. (On July 8, 2016, we were notified that we had been awarded
the grant. On October 7, 2016, we received the Agreement from the Department of local
Affairs.)
RECOMMENDED ACTION
The Police Department is recommending that City Council approve an Ordinance on first
reading authorizing a Grant Agreement between the State of Colorado Department of Local
Affairs and the City of Englewood to receive funding for the Marijuana Impact Grant Program.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The purpose of this program is to award grants to eligible local governments who do not allow
the sale of retail marijuana within their jurisdiction (at the time application was made), but who
are experiencing the impacts of retail marijuana from surrounding communities or any other
illegal activity related to marijuana. The grant program has two key components:
• Identify documented causational impacts to eligible local governments and determine grant
dollars needed to reimburse for those impacts; and
• In awarding grants, priority will be given to applicants who intend to use the grant funds for
one or more of the following purposes:
o To pay for additional law enforcement activities related to retail marijuana, including
costs associated with increased arrests, increased traffic violations, and prevention
of out-of-state diversions and trafficking of marijuana.
Since the beginning of 2015, the Police Impact Team, Fire Marshal and Building and Safety
Division have been tasked with investigating Marijuana Grow Operations (20+ cases) to verify
compliance with local laws and building/fire codes . There is a significant concern in regards to
the environment that our employees are being exposed to when conducting these
investigations. This includes exposure to high levels of mold spores, low toxicity pesticides and
other chemicals, carbon monoxide, and electrical hazards.
Our grant request is for the purchase of Personal Protective Equipment (PPE) which will
adequately protect our employees during these investigations.
FINANCIAL IMPACT
The funding for this project ($12,436) will be provided by the State of Colorado Department of
Local Affairs.
LIST OF ATTACHMENTS
Bill for an Ordinance
Grant Award letter
Grant Agreement
Exhibit B -Scope of Project
'·•
•
June 30, 2016
COLORADO
Department of Local Affairs
Division of l..ocill Govcmmcnt
The Honorable Joe Jefferson, Mayor
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
RE: MJ 16-008 -City of Englewood Police Department
Dear Mayor Jefferson:
The Department of Local Affairs is in receipt of your application for state Marijuana Impact Grant
Program funds. Your project was reviewed based on a variety of factors including: relationship
to retail marijuana or illegal marijuana impacts, severity or urgency of need, local effort,
demonstration of financial need, priority and outcomes, and Prescored value as calculated to
the 2013 Health Kids Survey.
Congratulatfons! After thorough review, I am pleased to offer you a grant award in the amount
of $12,436. These grant funds will be from state marijuana tax proceeds, which may cause you
to go to an election to receive and spend these funds. You should confer with your legal and
budget advisors to determine if such an election is necessary.
Please contact the Marijuana Grant Program Manager, Tamra Norton, at 303-864-7734 for
information on how to proceed. As you know, no state funds or matching funds can be obligated
before a grant contract Is fully executed. Expenditure of any funds prior to the contract being
fully executed cannot be Included In the contract budget or reimbursed by the state. Consult the
program manager prior to expending any funds. Per our program guidelines this offer is valid for
one year from the date of this letter.
I wish you success with your project.
Sincerely,
~~ \
Irv Halter
Executive Director
cc: Jeff Sanchez, Deputy Police Chief, Englewood Police Department
Clay Brown, DOLA Regional manager
Governor John W, Hickenloope r I Irv Halter, E~ecutive Director I Chantal Unfug, Division Dire ctor
1313 Sherman Street, Room 521 , Denver, CO 80203 P 303 .864.7720 TDD/ffi 303.864.775B www.dola.colorado.gov
Strengthening Colorado Communities
•
October 7, 2016
COLORADO
Department of Local Affairs
Dlvl&lnn or Loo,l Go111:mment
Joe Jefferson, Mayor
City of Englewood Police Department
1000 Englewood Parkway
Englewood, Colorado 80110
RE: MJ #16·008 -MJ #16-008 -Englewood PD Equipment 2016
Dear Mayor Jefferson:
Attached is the grant contract packet for the above-referenced Marijuana Impact Grant Program project. If the
contract Is satisfactory as written, please print and sign the contract (ori11fnal signatures onlyi no photocopies,
stamped or e-stgnatures).
The second page of this letter is a Return Routing Memorandum that includes a Grantee Checklist. Please use this
document to facllltate the return of your grant packet documents. Using the Checklist will ensure that your
contract has been signed by the appropriate person, that you have enclosed the correct number of documents for
return to the State, that you have correctly addressed your return packet, and that you have notified us that your
documents are on their way back to us.
If you would like your copy of the fully executed grant contract to contain original signatures, please make sure
you sign and return two (2) main grant agreements to us. If a photocopy of the originally signed fully executed
grant contract Is acceptable to yau, then you need only sign and return one (1) main grant agreement to us.
The State Controller requires hard copies and original signatures for contract execution. We cannot complete the
execution of your grant documents without these. Until your grant contract Is fully executed (~lgned by all
Parties), you may not Incur any costs or expenses for this Project. ·
If you have any questions about th'ese grant packet documents or the contract execution process, please contact
Tamra Norton, (303)864·7734, (tamra.norton@state.co.us) or me at (303) 864-7898.
Sincerely,
John L. Murphy, J.D., M.A.
Contracts Coordinator
Department of Local Affairs
Enclosures
Governor John W. Hlckenlooper I Irv Halter, Executive Director I Chantal Unfug , Division Dlractor
1313 Shennan Street, Room 521, Denver, CO B0203 P 303.864.7720 TDD/TTY 303.B64.nSB www.dola.colorado .gov
Strengthening Colorado Communities