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HomeMy WebLinkAbout2016-07-18 (Regular) Meeting Agenda Packet/ ~Ei1Qlewood 1000 Englewood Pkwy -Council Chambers Englewood, CO 8011 O 1. Call to Order. 2. Invocation . 3. Pledge of Allegiance. 4. Roll Call. 5. Co r.s1de rat io n of Mi nutes of Pre vio us Sess ion . AGENDA Regular City Council Meeting Monday, July 18, 2016 •7:30 p.m. a. Minutes from the Regular City Council Meeting of July 5, 2016. 6. Recognition of Scheduled Public Comment. The deadline to sign up to speak for Schedu led Publ ic Comment is Wednesday, prior to the meeting, through the City Manager's Office. Only those who meet the deadline can speak in this section . (Th is is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification , but there will not be any dialogue. Please limit your presentation to five m inutes.) a. Coween Dickerson, Englewood resident, will address Council regarding Comprehensive Plan goals and iBake. b. Jeremy Letkomiller, Englewood resident, will address Council regarding a proposed crosswalk at the 3400 block of South Broadway. 7. Recognition of Unscheduled Public Comment. Speakers must sign up for Unscheduled Public Comment at the beginn ing of the meeting. (This is an opportunity for the publ ic to address City Council. There is an expectation that the presentation w ill be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited , shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments. a. A proclamation declaring July 18, 2016, to be Service Dog Education and Awareness Day. Please note: If yo u have a disability and n eed auxiliary aids or services, please notify th e Oty of Englewo od (303·762·2405) at least 48 ho urs in advance of when services are needed. b. Appointment of Christopher Boeckx, to serve a four-year term as an Associate Judge for the City of Englewood, commencing July 18, 2016 , and expiring July 17, 2020. c. Swearing-in of Christopher Boeckx as Associate Judge by Presiding Judge Vincent Atencio. d. Reappointment of Marta Mansbacher as youth member on the Parks & Recreation Commission. e. Recognition of recent Board and Commission appointees: i. Certificate recognizing the reappointment of Marta Mansbacher as a youth member on the Englewood Parks and Recreation Commission. ii. Certificate recognizing the appointment of Colleen Nebel from alternate to a regular seat on the Englewood Housing Authority. iii. Certificate recognizing the appointment of Ernie Arterburn as an alternate member on the Englewood Housing Authority. iv. Certificate recognizing the appointment of Matthew Barrows to the Alliance for Commerce in Englewood. v. Certificate recognizing the appointment of Julie Bowden as an alternate to the Englewood Code Enforcement Advisory Committee. vi. Certificate recognizing the appointment of Klaralee Charlton to the Englewood Public Library Board. vii. Certificate recognizing the appo intment of Randall Coleman to the Englewood Planning and Zoning Commission. viii. Certificate recognizing the appointment of Dana Foulks to the Englewood Cultural Arts Commission. ix. Certificate recognizing the appointment of Barbara Fout to the Englewood Code Enforcement Advisory Committee. x. Certificate recognizing the appointment of Adrian Fryxell to the Englewood Code Enforcement Advisory Committee. xi. Certificate recognizing the appointment of Scott Gilbert to the Englewood Public Library Board. xii. Certificate recognizing the appointment of Sam Hakim to the Englewood Cultural Arts Commission. (303-762-2405 ) at least 48 ho urs in advance of when services are needed. • • xiii. Certificate recognizing the appointment of Robert Heller to Keep Englewood Beautiful. xiv. Certificate recogniz ing the reappointment of Peggy Bogaard-Lapp to the Englewood Code Enforcement Advisory Committee. xv. Certificate recognizing the appointment of Andrea Manion to the Alliance for Commerce in Englewood . xvi. Certificate recognizing the appointment of Shelley Manzano to the Englewood Budget Advisory Committee. xvii. Certificate recognizing the reappointment of Christine McGroarty to the Englewood Budget Advisory Committee. xviii. Certificate recognizing the appointment of Mark Monroe to the Englewood Liquor and Med ical Marijuana Licensing Authority. xix. Certificate recognizing the reappointment of Writer Mott to the Englewood Liquor and Medical Marijuana Licensing Authority. xx. Certificate recognizing the appointment of Brad Nixon to the Alliance for Commerce in Englewood. xxi. Certificate recogn izing the reappointment of Karl Onsager to the Englewood Code Enforcement Advisory Committee. xxii. Certificate recognizing the appointment of Leabeth Pohl to the Englewood Cultural Arts Commission. xxiii. Certificate recognizing the appointment of William Slade as an alternate member on the Englewood Urban Renewal Authority. xxiv. Certificate recognizing the appo intment of Michele Austin as an alternate member to the Englewood Planning and Zoning Commission. xxv . Certificate recogn izing the appointment of Bob Stephenson to Keep Englewood Beautiful. xxvi. Certificate recognizing the appointment of Wesley Dean Stone to the Englewood Code Enforcement Advisory Committee. xxvii. Certificate recognizing the appointment of Andy Taylor to the Englewood Board of Adjustment and Appeals . xxviii. Certificate recognizing the reappointment of Jason Whyte to the Alliance for Commerce in Englewood. xxix. Certificate recognizing the appointment of Jay Spaegle to the Englewood Liquor and Medical Marijuana Licensing Authority. Please note: If you have a disability and need auxiliary aids or services. pleas e notify th e Gty of Englewood ( 303-762 -2405) at least 48 hours in advance of when services are needed. 9. Consent Agenda Items a. Approval of Ordinances on First Reading. i. Council Bill 25 -The Police Department recommends Council adopt a bill for an ordinance authorizing the Chief of Police to sign a contract with the State of Colorado that will authorize the City of Englewood to act as the Fiscal Agent on behalf of the Peace Officer Standards and Training Board Greater Metro Region Training Committee. Staff: Cmdr. Gary Condreay b. Approval of Ordinances on Second Reading. i. Council Bill 23 -A bill for an ordinance authorizing an intergovernmental agreement for Arapahoe County Open Space grant award for Park Gateway Enhancements, Phase II. Staff: Director of Parks, Recreation and Library Dorothy Hargrove ii. Council Bill 24 -A bill for an ordinance authorizing an intergovernmental agreement for Arapahoe County Open Space grant award for Rotolo Park Playground renovation. Staff: Director of Parks, Recreation and Library Dorothy Hargrove c. Resolutions and Motions. 10. Public Hearing Items. 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill 26 -WWTP staff recommends Council adopt a bill for an ordinance, approving five-year farming lease agreements for: Progressive Farms, Craig Farms General Partnership , Clint A. Burnet, Kent Beichle, Gary and Nancy Meier and Jason Meier. Staff: WWTP Treatment Division Manager Jim Tallent ii. Council Bill 27 -Staff recommends Council approve a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next municipal election November 8, 2016, a ballot question to raise taxes on the sale of retail marijuana. Staff: Finance and Administrative Services Director Kathleen Rinkel b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. Finance and Administrative Services staff recommends Council approve a motion approving a new Agreement for Investment Advisory services to include Investment and reinvestment of the City's assets within the City's guide lines. Staff: Finance & Administrative Services Director Kathleen Rinkel Ptease note: ;f you have a disability and need auxili ary" aids er serv1ces .. pleas e noti~v the City of Engle\'vood (303·762·2405) at least 48 hours in advance of when services are needed. ii. WWTP staff recommends Council approve, by resolution, the purchase of one, low-ground pressure, rubber-tracked, farm tractor from John Deere, Inc., for $265,497 .13. Staff: WWTP Treatment Division Manager Jim Tallent iii. WWTP staff recommends Council approve, by resolution, the purchase of two, rear discharging, biosolids trailers from Transwest Trailers (Model OLB36-102NG- HSW "Advantage Series" Live Bottom Trailer) in the amount of $175 ,971.00. Staff: WWTP Treatment Division Manager Jim Tallent iv. The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) Supervisory Committee recommends Council approve, by motion, a contract for the Gates Repair, Gates Replacement, and Barscreen Replacement 2016 Project located at the UE WWTP. Staff is recommending an award of contract to the lowest reliable and respons ive bidder, J.R. Filanc Construction Company Inc., in the amount of $422 ,960.00. Additionally, staff is recommending Council approve a 5% Change Order contingency in the amount of $20,000 for a total project cost of $442,960.00. Staff: WWTP Engineering & Maintenance Manager Chong Woo 12. General Discussion. a. Mayor's Choice . i. Executive Session to discuss issues specifically related to determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators under C.R.S . Section 24-6-402(4)(e)(I); to discuss a personnel issue under C.R.S . 24-6-402(4)(f)(I); and to receive legal advice on specific legal questions related to the personnel issue under C.R .S. 24-6-402( 4 )(b). b. Council Members' Choice . 13. City Manager's Report. 14. City Attorney's Report. a. Discussion of marijuana social clubs. 15. Adjournment. Please note: If you have a disability an d need auxiliary aids o r services. pleas e notify the Gty of Englewood (303-762-2405 ) at least 48 hours in advance of when services are nee ded. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT July 18, 2016 Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. Please limit your presentation to three minutes PLEASE PRINT NAME ADDRESS TOPIC 'kwJIPA f6t2JZJ? ~67/ ?. LftJA/\/ f{tP1,tµ;7Y Ii~ 1~~ r. f~&lt.I 1--</t <,, ('rf=C: [' LJd /%N 7 .J/"' d S ~ /VtUA1/J IJ I El< ft~ S · cfAer,t::1,Rce d:p c ,J;;;;;;;; /YJ~,11 <f ve-}lf J!s'l> IJ tJI~ ::L~lfZV ~~o~ JtffRBy Vf>tw{.,i)vJSlt( ?Ltf, s. IJl~~""ltfll 1.W.F-~le~ ~ <l? ;202 l s .. C.C..rr 5 ob Englewood Historic Preservation Society Preserving Englewood Colorado History TY L G on Preserving Englewood's Historic Buildings • Discuss the creation of Historic Preservation Commission • Establish Criteria to Identify Historic Structures • Advocate for Educational Historic Programs Join others interested in preserving the character of Englewood Englewood City Hall Community Room, 2nd Floor Thursday, JULY 28, 2016 6 to 8 PM For more information call 303-242-3257 or visit historicenglewood. org ~ . 7 /18/16 City Council Meeting Dear City Council Members, Applying standard risk assessment to standard practice is one thing. However It is evident that standard practice and protocol were changed significantly and for an extended period of time at the Allen Water Treatment Plant following the March 28, 2012 letter from the State of Colorado Department of Public Health and Environment declaring - "Approval for disposal of the Allen Water Filtration Plant residuals cannot be granted at this time", Citing "The current data for the Allen Water Filtration Plant indicates that the concentrations in the residuals are 3 pCi/g for radium-226 and 7.1 pCi/g for radium-228 . These values exceed those used for the risk assessment", And further citing "Additionally it has come to the attention of the Department that the disposal cells which would contain the residuals may be subject the operation of a methane gas collection and control system during Post-Closure. This gas collection and control system and the period over which it would be used were not assessed in the 2007 risk assessment and will need to be addressed for future approvals of disposal. This is significant in that the largest fraction of the dose to the public is the result of the Radon-222 contributions." Since that denial letter in 2012 the Allen Water Treatment Plant has "stockpiled settling basin residuals, stockpiled/wash water reservoir solids, and stockpiled solids". I have found no evidence of any risk assessment study performed by Englewood to determine the health risks resulting from these major and prolonged changes in volume of these stockpiled residuals at the Plant . I found only a budget study on assessing the least expensive way to dispose of this major problem. Summary of packet provided to Council Members: 1) Copy of the March 28, 2012 letter from the State of Colorado Department of Public Health and Environment sent to the City of Englewood Utilities Department; 2) COM Smith sludge data for test years 2004 -2011 sent to Jim Grice at Colorado Department of Public Health and Environment -and referenced in the above mentioned March 28, 2012 letter from the State; 3) Part of the data City Manager Keck sent to City Council April this year including Copy of the 2/28/12 COM Smith letter sent to Jim Rice as page 1, page 2 dated 2/13/12 Stewart Fonda, and page 3 also to Stuart Fonda showing the same 2004 -2011 sludge test data that was sent to the State; 4) Cover page of the 6/24/2014 ARCADIS -"Allen Water Treatment Plant Residuals Management and Disposal Evaluation" study; 5) ARCADIS -Summary Notes; 6) ARCADIS -photos of stockpiled dried residuals; 7) ARCADIS -Initial Data Review Observations. This summary packet provides a template for an intro for today, as well as topics of concern I will be pursuing before City Council in 5 minute increments in the future . Thank you, Kathleen Bailey STATE OF COLORADO John W . Hlcbnlooper, Govemor Christopher E. Ult>lna, MO, MPH Exacuttve Director end Chief Medical Officer D!ldlca ted to protecting and Improving the health and environment of the people of Colorado 4300 Cheny Creak Dr. s . Laboratory ServiceS Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80~8 Localed In Glendale, Colorado (303) 692-3090 http://www.cdphe.state.co .us MAR 2 8 201Z City ofEnglewood, Utilities Department Attn : Mr. Stu Fonda 1000 Eng!c;wood Parkway Englewood, CO 80110 Re: City of Englewood's Allen Wat.er Filtration Plant Residuals Disposal Colo!2do Department of Public Health and EriviroD.IDalt This letter acknowledges receipt of the City ofEnglewood's Allen Water Filtration Plant Residuals Disposal Update, submitted by COM Smith, dat.cd February 15, 2012 which provides the nµliologjcal analysis data on the most recent samples of the Allen Watrtr Filtration Plant Residuals. The Jetter submitted indicates that the radium activities in the residuals are "below the levels of concern as defined in the risk assessment developed for landfill disposal (COM 2007)." Review of the Residual Disposal Risk Assessment, dated August 31 , 2007, indicates that the radium-226 and radium-228 values used in the RESRAD dose modeling runs were 0.6 and 0.7 pCi/g respectively. · The cum:nt data for the Allen Wat.er Filtration Plant residuals indicates that the concentrations in the residuals arc 3 pCi/g for radium-226 and 7.1 pCi/g for radium-228. These values exceed those used for the risk assessment. While the Department has gramed approval for disposal of residuals containing~ concentrations in excess of the 2007 values in the recent past, Department approval for clisposal of these materials from this point forward will require documentation demonstrating 1hat the specific concentrations of radium within the ~iduals will not result in any member of the public (including landfill employees) receiving a dose which exceeds 25 mrem in any one year. Additionally, it has come to the attention of the Department that the disposal cells which would contain the residuals may be subject lo the operation of a methane gas collection and control system during post-closure. This gas collection and control system, and the period over which it would be used WCTC not ~ in the 2007 risk assessment and will need to be addressed for futnre approvals of disposal. This is signiDcant in that the largest fraction of the dose to the public is a result of the .radon-222 contnbution . The RESRAD model docs not account for the active or passive gas collection and control sy;tcm and subsequent pathway . Therefore, there will be two potential conditions in which the materials will exist in the future : the first being a closed cell without a gas collection system and the second being a closed cell which employs either a passive or active gas collection and control system. Demonstration of compliance with the 25 mrem constraint will be required for each of these conditions . An accqrt.able demonstration of compliance with the 25 mrem constraint for the first condition would be in the form of an updated Set of output files from RESRAD in which the radiUm values are increased to concentrations that arc greater than or equal to the cmrent values (to allow for variability in the future). All of the other parameters that were originally used in the 2007 assessment would remain constant City o!Englcwood Page 2 of2 EPA's CAP 88-PC dose modeling software would provide an acceptable demonstration of compliance with the 25 mrem constraint in regard to the palential dose to a member of the public from radon efiluent as a resuh of the methane gas collection system. This would require establishing the following parameters: the potential time frame in which tlie collection system would operate, total radhun content or concentration within the cell and the resultant total radon-222 production, the total radon-222 activity that wouJd be migrated to the effiuent points via the methane gas collection system, the effiucnt point data (location. !)tunber, height, etc.), nearest receptor distance, and local metoorological data. If these materials arc not deposited in cells that require the operation of a methane gas collection and control system then the demonstration of public dose for that condition would not be required for approval of residual disposal. If this is the case, documentation verifying that the cell would not employ a methane gas collections system would be reqWrcd. Approval for the disposal of the Allen Water Filtration Plant residuals cannot be granted at this time . Picase ~mit the documents as descn'bed above which address the current radium concentrations and the radon pathVYBy as a result of a passive or active methane gas collection and control systeui which was previo~Jy not assessed . lfyou have my questions rcg3rding this letter please contact Iennifer Opila at 303.,092-03 or jemllfer.opila@statc.co.us. 1::±. /)_ ·~ 7.~ fer Op a, nit Leader Radioactive Materials Unit Radiation Program CC: Iames LaVelle CDMSmith SSS 17Gi Street, Suite 1100 Denver, CO 80202 Bruce Clabaugh, M.S., R.S . Environmental Protection Manager Waste Management of Colorado 5500 Quebec Street, Suite 250 Greenwood Village, CO 8011 l Elizabeth Stengl Allied WBSU; Systems of Colorado , LLC 8480 Tower Road Commerce City, Colorado 80022 I ,. I ... v' Roger Doak, Unit Leader Solid Waste Permitting Unit Solid Waste and Materials Management Program ~m1Jri€e ~ (/---February 15, 2012 ) '------~..,..--~~~~~~~ Page3 Table 1 Comparison of Residuals Sampling from 2004 2005 2006 2007 2008 2009 2010 and 2011 I , , I I I I Total U Mass U-238 1 U-235' U-234' Total U Activity Gross alpha Ra-226 (mg/kg) (pCi/g) (pCi/g) (pCi/g) (pCi/g) (pCi/g) (pCi/g) Results from December 2004 110 36 2.3 45 84 80 3.1 133 44 2.8 55 101 81 2.7 235 78 5.0 97 179 122 2.9 244 81 5.2 100 186 167 3.0 264 87 5.6 109 201 114 3.0 484 160 10 199 369 241 2.5 Average of December 2004 Results 245 81 5.2 101 187 134 2.9 Results from December 2005 307 101 6.5 126 234 86 1.1 Results from October 2006 312 106 6.8 132 245 220 0.6 Results from December 2007 239 79 5.0 98 182 140 1.1 Results from December 2008 243 80 5.2 100 185 100 2 .9 253 85 5.4 104 193 100 3.6 141 47 3.0 58 108 69 2.4 Average of December 2008 Results 212 70 4.5 87 162 90 3.0 Composite Sample December 2008 169 56 3.6 70 129 84 4.2 i' Results from November 2009 247 82 5.2 102 189 140 5.2 280 93 5 .9 115 214 110 3.8 211 70 4.5 87 . 161 99 10 Average of November 2009 Results 246 81 5 101 188 116 6 Composite Sample November 2009 265 88 5.6 109 202 110 8.4 Results from November 2010 285 94 6.0 117 218 97 2 263 87 5.6 108 201 92 1.9 315 104 6.7 130 240 78 2.8 Average of November 2010 Results 288 95 6.1 118 220 89 2.2 Composite Sample November 2010 269 89 5.7 111 205 48 3 Ra-228 (pCi/g) 4.9 4 .1 3.5 5.2 3.7 4.9 4.4 1.5 0.7 1.5 3.3 4.1 5 .3 . 4.2 4.2 7.5 6.1 7.8 7 7.3 6.3 4 .3 4 .6 5.1 7.1 -+ 'CDMth Sm1 Mr. Jim Grice Februaiy 15, 2012 Page4 Table 1 Comparison of Residuals Sampling from 2004, 2005, 2006, 2007, 2008, 2009, 2010, and 2011 Total U Mass U-238 1 U-235' U-234' Total U Activity Gross alpha Ra-226 (mg/kg) (pCi/g) (pCi/g) (pCi/g) (pCi/g) (pCi/g) (pCi/g) Results from November 2011 251 83 5.3 103 192 140 3.2 410 136 8.7 169 313 140 3.7 169 56 3 .6 70 129 100 2.5 Average of November 2011 Results 2n 91 5.9 114 211 127 3 .1 Composite Sample November 2011 347 115 7.4 143 265 88 2.4 l .. Estimated from Total U and a specific act1v1ty of 3.3E-07 Ci/g 2 Estimated from ratios to 238 U activity observed in samples collected in 2004 Ra-228 (pCi/g) 4.4 3.2 2.6 3.4 2.4 CDM.l.h Sm1 555 171'1 Slteel. Suit~ 1100 DCl'Tller. c~ eo202 tel :WJ 383-2300 t;u 30l 308·3003 (_ February~~,·;~~ . . . ·-----·--.-- Mr. Jim Grice Radiation Management Program Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South HMWMD-B2 Denver CO 80246-1530 Subject: City of Englewood's Allen Water Filtration Plant Residuals Disposal Update Dear Mr. Grice: I have reviewed the most recent data for naturally occurring radioactive material (NORM) in samples from residuals from the Englewood water treatment plant. 1 conclude that the current results are consistent with results reported previously from similar ~amples collected from 2004 _through 2010;_ Thus, 1 believe that residuals currently ready for off site disposal can again be tal<en to any local landfill approved by the State. The uranium mass in residuals reported in the most recent samples is still in the range of · concentrations previously reported (110 to 484 mg/kg) (fable 1). The average of three discrete residual samples collected in November 2011was277 mg/kg -range 169 to 410. The single composite sample reported 347 mg/kg total U, a value consistent with the results from individual discrete samples. Since 2008 (last four sampling events), uranium concentrations have ranged from 141 to 315 mg/kg. Data thus support the conclusion that uranium concentrations are not substantively changing, and in particular are not increasing, over time. Activities of radium-226 and radium-228 reported from recent samples were less than activities reported in November 2009 and November 2010, which were the highest reported since 2004 (fable 1). Activities reported in residuals for samples collected in November 2011 are? consistent with activities reported in earlier years . In 2004 and again in 2008, average activities for radium 226 and 228 were 2.9 and 3 pCi/ g (range 24 to 3.6) and 4.4 and 4.2 pCi/ g (range 3.3 to 5.3), respectively. In intervening years, activities were about 1 pCi/ g. In the most recent discrete samples, radium 226 and 228 activities were 3.1 pG/ g (range 2.5 to 3.7), and 3.4 pCi/ g (range 2.6 to 4.4). Activities in composite samples from 2008 and 2010 are similar to averages from discrete samples (Table 1). Radium 226 and 228 activities in the most recent composite sample were both 2.4 pO/ g. The finding of radium activities below those reported in samples of residuals from November 2009 and 2010 suggests that the higher activities in 2009 and 2010 were not indicative of an upward trend. The radium results most likely reflect typical variability in radium content of residuals rather than a systematic increase in radium conll?nt. Radium activities in residuals continue to be below levels of concern as defined In the risk assessment develo d for landfill dis osal (COM 2007). lfadon emanation from raai umwas the ·source associated with the highest exposures. posure m this case was for future residential land use on top of the landfill. Even this radon emanation was, however, associated with exposures orders of magnitude less than the target of 20 mrem/yr. Current radium activities imply similar low exposure potential. WATER+ ENVIRONMENT+ TRANSPORTATION+ ENERGY+ FACllmES CDMth Sm1 __M!:,.Etew~da (_Febniary13,20f~ Page2 / Gross alpha activities in the current data are consistent activities measured in the past. Gross alpha activity for the three discrete samples was in the range of 100 to 140 pO/ g (average of 127); gross alpha activity in the composite sample was 88 pCi/ g. In the past, gross alpha activities have been reported in the range of 69 to 241 pCi/ g (Table 1). Please let me know if you have any questions or concerns. Very truly yours, James M La Velie, Ph.D. Associate Camp Dresser & McKee Inc. On behalf of: Mr. Stu Fonda Utilities Deparbnent 1000 Englewood Parkway Englewood, Colorado 80110 cc: Bill McCormick File WATE.R +ENVIRONMENT+ TRANSPORTATION+ ENERGY+ FACILmES CDMth Sm1 1v1r. Stewart Fonda February ]3, 2012 Page 3 T bl 1 C a e ompa rl f son o Res duals Sampl ng rom 2004 2005, 2006. 2007, 2008, 2009, 2010, and 2011 Total U Mass U-238' u.23s· U-234" Total U Activity Gross alpha I Ra-226 Ra-228 (mQ/kg) (pCl/Q) (pClfq) (pCflcil <oCl/al (pCi/cil IPCflcil (oCi/o) Results from December 2004 110 36 2 .3 45 84 BO 3 .1 4.9 133 44 2.8 I 55 101 81 2.7 4. 1 235 78 5 .0 97 I 179 122 2.9 3 .5 244 81 5.2 100 186 167 3.0 5.2 264 87 56 109 201 114 3.0 3.7 484 160 10 199 369 241 2.5 4.9 Averaoe of December 2004 Results 245 81 5 .2 101 187 134 2.9 4.4 Results from December 2005 307 101 6 .5 126 234 86 1.1 1.5 Results from October 2006 312 106 6 .8 132 245 220 0 .6 0.7 Results from December 2007 239 79 I 5 .0 I 98 182 140 1.1 I 1.5 Results from December 2008 243 BO 5.2 100 I 185 100 2.9 3 .3 253 85 5.4 104 193 100 3.6 4 .1 141 47 3 .0 I 58 108 69 2.4 5.3 Averaae of December 2008 Results 212 70 4.5 87 162 90 3 .0 4.2 Comoosile Sample December 2008 169 I 56 3 .6 70 129 84 4 .2 4.2 Results from November 2009 247 82 5 .2 102 189 I 140 5.2 7.5 280 93 59 115 214 110 3.8 6.1 211 70 4 .5 87 161 99 10 7.8 Averaoe of November 2009 Results 246 81 5 101 188 116 6 I 7 ComMsile Sample November 2009 265 88 5 .6 109 202 110 8 .4 7.3 Results from November 2010 265 94 6 .0 117 I 218 97 2 6.3 263 87 5.6 108 201 92 1.9 4.3 315 104 6 .7 130 240 78 2 .8 4.6 Average of November 2010 Results 288 95 6 .1 118 220 89 I 2 .2 5.1 Comoosite Sample November2010 269 89 5 .7 111 205 48 I 3 7.1 Results from November 2011 251 83 5 .3 I 103 192 140 3 .2 4.4 410 I 136 8 .7 169 313 140 t 3.7 3.2 169 I 56 3.6 70 129 100 2.5 2.6 Averaae of November 2011 Results 277 91 59 114 211 127 3 .1 3 .4 Composite Sample November 2011 347 115 7.4 143 265 88 2.4 2.4 -Estimated from Total U and a specdic ac11v,ty of :l ,i E-D7 Cilg 2 Estimated from ratios to "'U activity observed in sampre:s colleded in 2004 WATER+ ENVIRONMENT+ TRANSPORTATION+ ENERGY+ FACILITIES " ~ARCADIS /nfrastruaure ·Water· Environment · euild1ngs City of E nglewood, Co1orado .A.llen Water Treatmen, Plant ResidugJs Management and Disposal Evaluation 2.:. Jur:;; 2C1...! Imagine the result Yasser Abaua•sh Utility Engineer Jason Cla·k Water Product io n Suoer1nten der.t Llttieton/Englewood VVINTP Jim Tal:ent Treatment Div ision Mana;ier Greg Farme Process Spec1a!1st Jon Bridges l!ldustrial Pretreatment Adm 1n:strator • .U.RCADIS-US Jason Kerst·ens Laurie Sulflvan Jeff G1 .ow Ja ck Bryck Jeff Jac~son Summary Notes -~~~ng summarizes key discuss on topics during th e mee~1 ng {·::> The Ci:y of Englewocd attendees discussed the ·r v1s·on for the potentia ' future residuals p:oduced as "':'eil as the rnat e r:als stock~d and currently in the wash wate r reservo ir -~ttling bas•n res 1duais -separate l ine to the sewer to promote d1lut1::m Stockpiled/wash water reservoir sohd s -solids will be processed and discharged as siL1rry into the sewer line A mixer or slurry feed sys tern Will be required to allow the S0/1ds to be re-suspen ded Stockp1 leo s·:ilids -hau: specific vol1..r.ies to landfill Hybnd approach -the C•ty was interested in lool\1ng at a hybrid apprnach of e·~aluat1ng the potential for both disposal to the se wer as we '.I as hauling to a landf;tl 0 n-,e City oi Englewood confirmed the followrng '-----'." I orn Brennan will be the pro1ect coordinatq; ..,_.., AP change orde·s w1i; be ccr.ftrmed 1n writing prior to approval ARCADIS w1I· provide working files to the City =oo"iiils and M1ow"~ ;,ere ident1fi.::;d as tl;e two kev lar;dfills fer option 11 All bi:isoltds from the L'E V'/l/V'TP are land a;Jpl!ed at Byers Farm _::e.prox1rnatel y tnree \3) yeacs cf matenal stoc1rn1lea at Allen WTP Cu<rent disposal ra:e at Clean Harbors Deer Trail iar,dfiH in Adair~~~ty is $175 i:;e~ 750 cubic yards /--....., One techrnca· 'T'emcrandJm •,viii oe developed for submitta l to the Cit; A t::iur cf ;ne \'JTP a;;d 'lfNTP 1•. :I! b-:i ccnd• •:::ted on \i\'edne:;da1 Ja'1us. i : 5 ~rie C tf wou 1·j like to attend all meetings 'Nii h :r.e S'.:;te and landfills * Picture 7: View of Stockpiled Dried Residuals (2011 and 2012) Picture 8 : View of Stockpiled Dried Residuals (2013) ln~tia~ Data Review Observat~ons ----------------------- l . Total uranium activity is high a ll samples and is close to \ the industrial landfill limits in two cases ) -·-----···-' ----------------- • Combined radiun1 is low compared to what we usually see for WTP residuals • Gross beta is high in the 20-11 samples; beta act ivity is typically due to the presence of Ra-228 but can be K-40 and other beta ernitters 18 ~ ARCADIS • • • PROCLAMATION WHEREAS, the primary objective of this event is to increase awareness and education regarding the rights and responsibilities of service dogs and their handlers; and WHEREAS, heretofore there has been little education regarding the rights and responsibilities of service dogs and their handlers; and WHEREAS, the contributions of service dogs and their handlers have been previously unrecognized in the areas of advocacy for veterans and for those with visible and invisible disabilities; and WHEREAS, the activities, programs and ceremonies of this day represent a commitment to increased awareness and education regarding service dogs and their handlers with the respect, dignity and access rights to which they are entitled. NOW THERE.FORE, I, Joe Jefferson, Mayor of the City of Englewood, Colorado, hereby proclaim July 22, 2016, as: SERVICE DOG EDUCATION AND AWARENESS DAY and encourage all citizens of Englewood, Colorado to recognize the enduring value, rights and responsibilities of Service Dogs and their Handlers and join in celebrating this day. GIVEN under my hand and seal this 18th day of July, 2016. Joe Jefferson, Mayor 'J • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 18, 2016 8b Appoint Associate Judge Christopher Boeckx Initiated By: Staff Source: Municipal Court Tamara Wolfe Court Administrator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Municipal Court supports City Council's goal of providing appropriate service levels by requesting that they continue to appoint Associate Judges to serve the City of Englewood . RECOMMENDED ACTION Presiding Judge Vincent Atencio would request that the Council appoint Christopher Boeckx to serve a 4 year term as an Associate Judge for the City of Englewood, commencing July 18, 2016 and expiring July 17, 2020 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Associate judges are required in order for the Court to maintain a full time, full service schedule. The judges fill in for the Presiding Judge when there is a conflict of interest, illness or vacation. Mr. Boeckx meets the qualifications required to serve as an Associate Judge. An additional Associate Judge is required at this time in order to preserve adequate service levels. FINANCIAL IMPACT There is no additional financial impact, as associate judge fees are included in the annual budget. LIST OF ATTACHMENTS The Resolution document is attached . RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION FOR THE APPOINTMENT OF CHRISTOPHER BOECKX AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , pursuant to Article IX, Part II, Section 68 , of the Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS, the Associate Municipal Judges fill in for the Presiding Municipal Judge when there is a conflict of interest, illness or vacation; and WHEREAS, Mr. Boeckx meets the qualifications required to serve as an Associate Municipal Judge; and WHEREAS , Presiding Judge Atencio requests that the City Council appoint Christopher Boeckx to serve a four-year term as an Associate Municipal Judge for the City of Englewood, commencing July 18, 2016 and expiring July 17 , 2020 ; and WHEREAS , the Englewood City Council desires to appoint Christopher Boeckx as an Associate Municipal Judge in and for the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. Christopher Boeckx, shall be and hereby is appointed as an Associate Municipal Judge in and for the City of Englewood, for a term commencing July 18 , 2016 and expiring July 17 , 2020 . ADOPTED AND APPROVED this 18th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis , City Clerk • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 18, 2016 8d Reappointment of Marta Mansbacher, Parks and Recreation Commission Youth Member Initiated By: Staff Source: Department of Parks , Recreation and Dorothy Hargrove, Director Library PREVIOUS COUNCIL ACTION Marta Mansbacher has been appointed by Council to serve as a Youth Member to the Parks and Recreation Commission for the last two years. RECOMMENDED ACTION The Department of Parks and Recreation is requesting the reappointment of Marta Mansbacher to the Parks and Recreation Commission. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Marta Mansbacher has served as Youth Member to the Parks and Recreation Commission for the last two years. Marta's term expired June 2016. Her reappointment was overlooked during the last reappointments in June 2016. Marta has been a valuable member on the Parks and Recreation Commission. She is a senior at Englewood High School and serves as a liaison between the Commission and students of EHS. Due to unforeseen circumstances, Marta was not able to attend as many meetings this last year as she had hoped. She attended 3of11 meetings from July 2015 to June 2016 . She has expressed interest in continuing to serve as youth member this next year. There are currently no other youth members serving on the Parks and Recreation Commission . FINANCIAL IMPACT There is no financial impact. LIST OF ATTACHMENTS Letter of Recommendation from Chairperson Douglas Garrett • • • To Whom It May Concern; I am endorsing the reappointment of Marta Mansbacher as youth commission member of the Parks and Recreation Commission. Marta has served on the Parks and Recreation Commission for two years . Over these years Marta has actively participated in discussions and made responsible contributions to the Commission . The student body of Englewood High School is an ideal group from which the Commission act ively seeks input on recreational interests and needs . We are excited to have Marta for the last couple of years and to know that she wants to continue serving her peers and the community. I know that I represent the Parks and Recreation Commission in asking City Council to reappoint Marta as youth member of the Parks and Recreation Commission. Please do not hesitate to contact me if I can be of further assistance . Douglas Garrett, Chairperson Parks and Rec r eation Commission RESOLUTION NO. SERIES OF 2016 A RESOLUTION REAPPOINTING MARTA MANSBACHER AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Parks and Recreation Commission was established to advise City Council in all matters pertaining to recreation; and WHEREAS, Marta Mansbacher is a current member of the Englewood Parks and Recreation Commission; and WHEREAS, Marta Mansbacher's current term expired July 1, 2016; and WHEREAS, Marta Mansbacher has offered to serve and has applied for reappointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council applauds the volunteerism of this Englewood youth and desires to reappoint Marta Mansbacher to the Englewood Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Marta Mansbacher is hereby reappointed as a youth member to the Parks and Recreation Commission. Marta Mansbacher's term will be effective immediately and will expire July 1, 2017 . ADOPTED AND APPROVED this 18th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 18, 2016 9ai P.O.S.T. Grant Agreement-Fiscal Agent Initiated By: Staff Source: Police Department Commander Gary Condreay COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council previously approved Ordinance #45 in 2012 authorizing this agreement. RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading authorizing the Chief of Police to sign a contract with the State of Colorado that will authorize the City of Englewood to act as the Fiscal Agent on behalf of the Peace Officer Standards and Training Board Greater Metro Region Training Committee. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Peace Officer Standards and Training Board (P.O.S.T) of the Office of the Colorado Attorney General has the primary mission to establish and maintain the standards for peace officer training and certification that are relevant, realistic and responsive to an ever-changing world. The purpose of this grant is to assist the State in fulfilling its responsibility to provide professional quality training programs to Colorado peace officers who risk their lives every day in the normal course of their duties. Quality training is crucial for peace officers who are expected to make quick and difficult health and safety decisions that are in the best interests of the citizens of Colorado and to the officer. State funding for peace officer training programs enable the P.O.S.T. board to provide substantial training for peace officers who serve the citizens of Colorado. Each year, various regions within the State submit applications for the grant award that has been established . The Greater Metro Region, of which the Englewood Police Department is a voting member, provides low-cost and free training to the members of the Greater Metro Region, as well as scholarships to those agencies that could not otherwise afford the training. One of the requirements for each region is that a Fiscal Agent be established so that disbursement of training dollars can be issued to vendors or local law enforcement agencies. The Greater Metro Region has asked the City of Englewood's Finance and Administrative Services Department to act as their Fiscal Agent. FINANCIAL IMPACT The Fiscal Agent will be responsible for distributing checks, estimated to be about fifty checks • per year. In turn the P.O.S.T. Board has authorized that the City of Englewood receive a 5% Administrative fee for acting as the Fiscal Agent. The City has administered this grant since 2011. LIST OF ATTACHMENTS Bill for an Ordinance P.O.S.T. Grant Agreement P.O.S.T. Grant Guidelines • • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO AND AUTHORIZING THE CITY OF ENGLEWOOD, AS THE FISCAL AGENT FOR THE PEACE OFFICER STANDARDS AND TRAINING BOARD GREATER METRO REGION TRAINING COMMITTEE. WHEREAS, the Peace Officer Standards and Training Board (POST) of the Office of the Colorado Attorney General has the primary mission to establish and maintain the standards for peace officer training and certification that are relevant, realistic and responsive to an ever- changing world; and WHEREAS, this Grant is for the City to assist the State in fulfilling its responsibility of providing professional quality training programs to Colorado peace officers who risk their lives every day in the normal course of their duties and are expected to make quick and difficult health and safety decisions that are in the best interests of the citizens of Colorado; and WHEREAS, the Greater Metro Region, of which the Englewood Police Department is a voting member, provides low-cost and free training to the members of the Greater Metro Region as well as scholarships to those agencies that could not otherwise afford the training; and WHEREAS, one of the requirements for each region is that a Fiscal Agent be established so that disbursement of training dollars can be issued to vendors or local law enforcement agencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. . The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the grant from the State of Colorado to act as the Fiscal Agent on behalf of the Peace Officer Standards and Training Board (POST) Greater Metro Region Training Committee for the July 1, 2016 fiscal year ending June 30, 2017, attached hereto as Exhibit 1. Section 2 . The Chief of Police is hereby authorized to sign the POST Grant for the Greater Metro Regional Training Committee. Introduced, read in full, and passed on first reading on the 18th day of July, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of July, 2016 . 1 Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of July, 2016 for thirty (30) days. • Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 2016. Loucrishia A. Ellis 2 • • STATE OF COLORADO DEPARTMENT OF LAW Grant Agreement with CITY OF ENGLEWOOD TABLE OF CONTENTS Routing# CMS # 1. PARTIES .................................................................................................................................................. 1 2 . EFFECTIVE DATE AND NOTICE OF NONLIABILITY ..................................................................... l 3 . RECITALS ................................................................................................................................................ 1 4. DEFINITIONS ......................................................................................................................................... 2 5. TERM ........................................................................................................................................................ 3 6. STATEMENT OF WORK ........................................................................................................................ 3 7. PA'YMENTS TO GRANTEE ................................................................................................................... 3 8 . REPORTING -NOTIFICATION ............................................................................................................ 4 9. GRANTEE RECORDS ............................................................................................................................. 5 10. CONFIDENTIAL INFORMATION-STATE RECORDS ..................................................................... 6 11. CONFLICTS OF INTEREST ................................................................................................................ 6 12. REPRESENTATIONS AND WARRANTIES ....................................................................................... 6 13. INSURANCE ................ : ..................... :, ................................ ,.. .. : ................................................................. '7 14. BREACH .................................................................................................................................................. 8 15. REMEDIES ............................................................................................................................................ 9 16. NOTICES and REPRESENTATIVES ................................................................................................ 11 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................. 11 18 . GOVERNMENTAL IMMUNITY ................................... ~ .................................................................... 11 19. STATEWIDE GRANT MANAGEMENT SYSTEM ........................................................................... 11 20. GENERAL PROVISIONS ................................................................................................................... 12 21. COLORADO SPECIAL PROVISIONS ............................................................................................... 15 22. SIGNATURE PAGE ............................................................................................................................ 18 EXHIBIT A -STATEMENT OF WORK .................................................................................................. Al EXHIBIT B -APPLICATION ................................................................................................................... Bl EXHIBIT C -OPTION LETTER ............................................................................................................... Cl 1. PARTIES This Grant Agreement (hereinafter called "Grant") is entered into by and between City of Englewood (hereinafter called "Grantee"), and the STATE OF COLORADO acting by and through the Department of Law (hereinafter called the "State or DOL''). 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 the Effective Date. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in C.R.S. 24-31-310 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 42-3-304 (24) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. Page 1 E x H I B I T 1 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 to engage the services of the Grantee to assist the DOL with its statutory responsibility of providing quality law enforcement training and safety courses to Colorado peace officers. 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 Work described in Exhibit A and B. B. Evaluation "Evaluation" means the process of examining Grantee's Work and rating is based on criteria established in §6 and Exhibit A and B. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A · ~· (Statement of Work), Exhibit B (Application), and Exhibit C (Option Letter). D. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant "Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under 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. F. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. G. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. H. Program "Program" means the POST Region Law Enforcement Training grant program that provides the funding for this Grant. I. 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 A and B. J. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. K. Subgrantee "Subgrantee" means third-parties, if any, engaged by Grantee to aid in performance of its obligations. L.Work • • "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations • under this Grant and Exhibit A and B, including the performance of the Services and delivery of the Goods. Page2 M. 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. 5.TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the later of either the Effective Date or July 1, 2016. This Grant shall terminate on June 30, 2017 unless sooner terminated or further extended as specified elsewhere herein. 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A and Bon or before June 30, 2017. 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 Services 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 ·~aximum 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 $513,397.50 as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit A 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 fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination 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 Page 3 continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. Iffederal funds are used with this Grant in whole or in part, the State's performance 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 appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part 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, 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 the Budget. Grantee may adjust budgeted expenditure amounts up to 10% within each line item of said Budget without approval of the State. Adjustments in excess of 10% shall be authorized by the State)n an amendment to this Grant. The State's total consideration shall not exceed the · maximum amount shown herein. 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 A. 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 of Department of Law. 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 Subgrantee to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed 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. All 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. Page 4 • • • 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 Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws 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 three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such .. ,.. ..:.:.further period as ni2y be ne.cessacy to resolve any pending matters, or (iv) 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 (the "Record Retention Period"). B. Inspection Grantee shall permit the State, the federal government 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 three 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 require 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 inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, 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 If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. Page 5 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 to 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. CJ:mfidential information shall.not be retaine..cl in any files or .otherwise byGrante.e or its age'nts, except as permitted.in this Grant or approved iri writirig 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 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. 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 of interest 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 WARRANTIES 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 Page 6 • • • 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 req_ll:~ements necessary for Grantee to properly perform the terms of this Grant shall be ·d.eemed·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 shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee's liabilities under the GIA. 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. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, 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. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Page 7 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. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Subgrantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. 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. Additional Insured Grantee and the State shall be named as additional insured 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 and Subgrantees 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 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. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee 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 or any subgrant, Grantee and each Subgrantee shall, within 10 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. Page 8 • • 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, the State shall have all of 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). 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 Grantee of such non-performance 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 ~.-,. Gi-ant as to which there hao bee:aadelay or a failure-to properly perform;· Exercise · by the •State· · ·· , of thi~.,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 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 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. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. 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 former lien holders, or to Page 9 reimburse the State for the excess costs incurred in procuring similar goods or services . Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. 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 determined 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 §15(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 termination 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 §15(B), Grantee shall be paid '·"·-;·,, a:namountwhich bears the .samfi!.rati0.to.the btal :reimbursement under this Grant-as . · ·the Sei'Vices 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. C. Remedies Not Involving Termination The State, in 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 performance 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 performance 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 Page 10 • • • 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 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: Beckv Calomino Department of Law-POST .,..~·Y ..• , ' .. · -1300 Broadwal:, gt!\ Floer · Denver CO 80203 Emailbecky.calomino@coag.gov B. Grantee: Chief John Collins Email 'collins@en lewood ov.or 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 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 permit 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 Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. 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 Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE GRANT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Page 11 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 performance information in a statewide Grant 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 Grant Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined 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 Grant 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 determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel & Administration (Executive Director), upon request by the DOL, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. 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- ,_., · '<:: >.:.~J02(6); exercising the'debarmeiit protes.taiid 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. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or sub granted 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 Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(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. 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 Page 12 • • • Grantee shall 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 Colorado Governmental Immunity Act, CRS §24-10-101 et seq., 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. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or -, ·. ,Colorado Sta.te law, or their: implementing r~gula.tions . Any such. re<rnired .modification. ,, .. . ~automatically shall be incorporated into and be p 'art of this Grant on the effective date of such change, as if fully set forth herein. I. 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 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, iii. Exhibit A, iv. Exhibit B, v. Exhibit C. J. Severability Provided this Grant can be executed and performance 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. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, 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. L. 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 §§39-26-101and201 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 Page 13 State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. 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 create any rights for such third parties. N. Waiver Waiver of any breach of a term, 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 term, provision or requirement, or of any other term, provision, or requirement. 0. 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 §24-72-101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK ·( -~ :•)··. ·'J,. ' Page 14 • • • 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics . A. 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. B. 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. C. GOVERNMENTAL 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. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor 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 £..'l'.1,plo]~~s . U ne.m.p loyw..,ent. in.suxance. beru>Jits .will b.e.. availa.ble . to. Grantee and its e.mpl!.\yees.. .. , · · 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 agreement, 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. E. 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. F. 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. G. 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. H. 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 the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate Page 15 systems and controls to prevent such improper use of public funds. If the State determines • 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 limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF 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. J. 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 • l ' . 1 t' ,.-:;.r JuCi~ClS:.1. ac .~nn. · • ·· . K. 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 will perform work under this Grant and will 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 perform 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 terminate 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 §8-17.5-101 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. L. 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 affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the Page 16 • • United States pursuant to federal law, (b) shall comply with the provisions of CRS §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. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 17 22. SIGNATURE PAGE Grant Routing Number THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. CITY OF ENGLEWOOD STATE OF COLORADO Cynthia H. Coffman, Attorney General by and through Print Name: John Collins Colorado Attorney General's Office Department of Law Title: Chiefof Police By: _______________ _ . .;,,. *Signature Melanie J. Snyder, Chief of Staff :;; . · -~ ~..ZL GRANTS REQUIRE APPROY AL 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, MBA, JD Melissa Moynham, Controller Colorado Department of Law Date:. ________ _ Page 18 • • • EXHIBIT A-STATEMENT OF WORK All terms not defined in this Exhibit A shall be the meaning given in the main body of the Grant. 1. PROJECT DESCRIPTION 1.1 Work. Grantee has submitted a Grant Application (Exhibit B) to POST detailing the Work to be performed by Grantee throughout the term of this Grant. Grantee agrees to complete the Work identified in Exhibit B by the Grant tennination date specified in §S(A). 2. PERSONNEL 2.1 Replacement. Grantee shall immediately notify POST if the Responsible Administrator specified .in §2.2 ceases to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify POST and seek its approval, which shall be at POSTs sole discretion as the State issued this Grant in part reliance on Grantee's representation regarding key personnel. 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 on the Project until such time as their .. repJa~e~ent is ~pprqy~d, . ,.. . · ··2:'2 ·Res~onsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Chief John Collins an employee or agent of the Grantee, who is hereby designated as the responsible administrator of this Project. 3. BUDGET 3.1 Budget. The maximum amount payable under this Grant to Grantee by the State is $513,397.50. 3.2 Budget Flexibility. Grantee may adjust indiviudal budget line item expenditure amounts within an indiviudal training course without approval of POST, provided that, there is no increase to the administrative line items, and the cummulative budgetary line item changes do not exceed ten percent (10%) of the total budgeted amount of the line item. All other budgetary modifications shall require POST approval in accordance with the Modification subsection of the General Provisions of this Grant. 4. PAYMENT 4.1 Payment. Grantee shall submit a request for reimbursement at a minimum on a calendar quarter basis. All invoices must be submitted within 60 days of the training date to be eligible for payment. All requests shall be for eligible expenses, as described in detail in Exhibit B using the Grant Management System and accompanied by supporting documentation equal to 100% of the reimbursement request and applicable POST-approved Student Attendance Roster or Certificate of Completion and a completed reimbursement form. 4.2 Final Payment. The final grant payment request must be requested no later than June 3Qth and shall include only actual expenses for training attended or equipment purchased prior to June 3Qth. Payment for training can only be approved for actual services received or performed and completed by June 3Qth. Equipment purchases must be made and the receipt of the equipment must be completed by June 30th to be eligible for payment. 4.3 Electronic Fund Transfer. Payments shall be remitted by electronic fund transfer. Exhibit A-1 5. ADMINISTRATIVE REQUIREMENTS • .::. 5.1 Accounting. Grantee shall maintain properly segregated accounts of Grant Funds and other funds associated with the Work and make those records available to the State upon request. Grantee must have a system that classifies all revenues and expenditures by funding source. The accounting system must be designed with an adequate method of internal controls to safeguard the funds. Expenditures must be tracked and reconciled with the general ledger. 5.2 Allowable Program Costs. Expenditures shall be in accordance with the approved budget detailed in Exhibit B. 5.3 Audits. Grantee is required to submit to DOL any audit performed for any fiscal year covering a portion of the term ofthis Grant or any other grants/contracts with DOL. Such audits include but are not limited to a financial-statement audit or single audit in accordance with the Office of Management and Budget's (OMB) A-133 is required when non-federal entities expend $500,000 or more in federal awards in the entity's fiscal year. Grantee shall insure that audits required are performed and submitted to POST within 6 months of Grantee's fiscal year-end. The final audit report shall be sent to: , ..• , .... . ·1 ' ' •'·~ ·.· .. ;, Department of Law Criminal Justice Section, POST Attention: Becky Calomino, Grant Manager 1300. Broad.wa.y,,.9th,Floor _ , -Deriver!' CO 80203 ·· 5.4 Reporting. Grantee shall submit the following reports, and any other reports requested by POST using the State-provided reporting forms by their due date. A report must be submitted for every calendar quarter, including partial calendar quarters, as well as for • periods where no grant activity occurs. Future awards and fund draw-downs may be withheld if these reports are delinquent. Report Period Report Tvpe Due Date July 1st-September 30th Progress and Financial October 31st October 1st-December 31st Progress and Financial January 31st January 1st -March 3l8t Prog-ress and Financial April 30th Avril 1st-June 30th Final Progress and Final Financial July 31st 5.5 Reporting of Unexpended Funds. Grantee shall inform POST in writing, no later than March 31, 2017 of the status of any potential unexpended balance. Grantees failure to notify POST of any unexpended balance may result in the reduction or termination of future awards. 5.6 Monitoring. The State shall monitor this Grant through review of submitted reports and other documents as necessary, or may also conduct on-site monitoring of the Grantee to determine whether performance goals, administrative standards, financial management and other requirements of the Grant have been met. 5. 7 Mandatory Attendance. Grantee attendance at webinars and trainings conducted by POST to enhance the administration of the Grant program is required. Grantee will be notified of all such training at least 30 days in advance and shall be reimbursed by POST for per diem and lodging. 5.8 POST Acknowledgement. Grantees are encouraged to make the results and accomplishments of their project activities available to the public. All materials published or resulting from award activities, including videos must contain an acknowledgement of POST support. • 5.9 Publications. The grant recipient agrees that any publications, whether written, visual or audio, but excluding press releases, newsletters and issue analysis, issued by the Exhibit A-2 grantee describing training funded in whole or part shall contain the following statement: "This training was supported by a grant from the State of Colorado Office of Peace Officer Standards and Training". 5.10 Curriculum and Instructor Review. All training courses (except for scholarship training) and instructors funded by the POST Region Grant Program must be reviewed by POST and assigned a course number prior to the course start date. The Course Approval form and an example of the course outline are available on the POST website. 5.il Eligible Training Recipients. POST funds are for peace officers who are current employees of law enforcement agencies within the State of Colorado. Civilian employees, civilian employees of law enforcement agencies or military personnel may enroll in these courses only if there are extra spaces available and no peace officers are displaced or wait listed. Civilian and military personnel may not be provided POST funds for scholarships, nor may funds be used to provide refreshments or class supplies. If personnel attending classes are not peace officers the Training Region is responsible to remove their names from the attendance roster prior to submitting the roster to POST. Grantees may not include civilian or military personnel in their reporting numbers to POST or include them in the number of students attending in the grant management data base. 5.12 Ineligible Training Recipients: Law enforcement agencies who are suspended from receiving or attending any POST funded training may not benefit from POST-funded classes. The suspension remains in affect until December 31, 2016. The Contractor is . resp.onsihle. to epsure officers. from th.ese agencies are not the recipients of POST ~funded tr2.t'ining. POST·is not liabie to reimburse the Contractor for personnel attending classes from law enforcement agencies who are suspended from receiving or attending POST- funded training. The following law enforcement agencies are suspended from receiving or attending any POST funded training until December 31, 2016: Agency Name Training Agency Name Training Rel(ion Region Aguilar Marshal's Office Southeast Manassa Police Department San Luis Valley Antonito Police Department San Luis Valley Manzanola Police Department Southeast Brush Police Department Northeast Mount Crested Butte Police Dept. West Central Collbran Marshal's Office West Central Nederland Police Department North Central Colorado Springs Police Dept. Central Mountain Oak Creek Police Department Northwest Costilla County Sheriffs Office San Luis Valley Olathe Police Department West Central Del Norte Police Department San Luis Valley Pitkin County Sheriffs Office I-70West Denver Police Department Greater Metro Rio Grande County Sheriffs Office San Luis Valley Fort Lupton Police Department North Central Saguache County Sheriffs Office . San Luis Valley Gilpin County Sheriffs Office Greater Metro San Miguel County Sheriffs Office West Central Granada Police Department Southeast Sanford Police Department San Luis Valley Huerfano County Sheriffs Office Southeast South Fork Police Department San Luis Valley Jackson County Sheriffs Office North Central Wiggins Police Department Northeast La Jara Police Department San Luis Valley 5.13Equipment Report. If your grant purchased equipment a POST-Inventory Equipment Report form must be submitted for each equipment item by June 30th each year. Equipment records must be retained for seven (7) years from the date the report is submitted to POST. If any litigation, claim or audit is started before the expiration of the seven-year period, the records shall be retained until the litigation, claims, or audit findings involving records have been resolved. Exhibit A-3 ". ...... 5.14Retention of Records. All grant records must be retained for seven (7) years after the end of the state fiscal year that includes the end date of the grant. For example, if the grant ended 6/30/2015, the state fiscal year would be July 1, 2015 to June 30, 2016. The files could be destroyed after June 30, 2023. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven-year period until such issues are resolved. 5.15Grant Records. Grant records include all financial records, supporting documentation, statistical records, and all other records pertinent to the grant. These include books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, consultant/volunteer time and activity reports, canceled checks, related documents and records. 5.16 Conflict of Interest. In addition to any other applicable laws, the provisions of this section shall apply to all POST grant agreements: The following individuals shall not solicit or accept, directly or indirectly, any personal benefit or promise of a benefit from the grant recipient or a person negotiating, doing business with, or planning, within the individual's knowledge, to negotiate or do business with the contracting agency: A member, or any other person or entity under contract with any governmental body that exercises any functions or responsibilities in the review or approval of ·-:~r ,,,_,". the undert::iking or carrying ou.tof the projf.)ct , inc.luc:Ung but not limited to any , 1 '" employee ofthe contracting agency or any person serving as the monitor of a personal services contract or a member of the immediate family of any individual described above. ·.··_;_ No individual described in paragraph (2) of this subsection shall use his or her position, influence, or information concerning such negotiations, business, or plans to benefit him or herself or another. A grant recipient shall agree that at the time of contracting the grant recipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the grant recipient's services. The grant recipient shall further covenant that, in the performance of the contract, the grant recipient shall not employ persons having any such known interests. 5.17Insurance. Grantee shall obtain and maintain insurance as specified in the grant agreement at all times during the term of the award. 5.18Revision to Guidelines. In response to new state regulations, or to changing circumstances among law enforcement training community or to resources available to peace officers, it may, from time to time, be necessary to change the POST Region Grant Program Guidelines. Changes impacting grant recipients will be communicated prior to their implementation and will only be implemented at the beginning of a grant cycle. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK ExhibitA-4 • • • • • • SUMMARY Grant Management Program Delivery Grant Total $23,336.25 $23,336.25 $513,397.50 EXHIBITB Comments: $23,336.25 $23,336.25 $513,397.50 Exhibit B-1 Greater Metro Training Region Application FY 2016/2017 $513,397.50 TRAINING r·------·----------··--···----·--------·---------·-----··--·--···--------··-----··--··-"'-·----·--------------------1 • j Training 1 Interview and lnterogations \ ' I j Class Date: From 10/17/2016to10/18/2016 Expense Categories 1 I Description: Two-day patrol-based interview and Requested Approved I I . interrogation class to help front line officers be more I proficient at interviewing and interrogating suspects $4,000 .00 $4,000.00 Instructor Costs and arrestee's. Jim Bryne, Rocky Mountain Training '.I i' Group, $175.00 per person, will teach up to 50 $4,000.00 $4,000.00 Total students. Training Category: Interview and Interrogation Name of Facility: Broomfield PD Class Location: Broomfield , CO Hosting Agency: Brighton Police Department Anticipated Number of Students: 50 Estimated length of class: 16 .0 hour(s) ::.-·~ ._,.··-··· -•·r -..:·•··-··-·--·--~ ........ , ...• , .. : •. -.. ·····-~---·•--.···· .... _.._ ---"···''•-,, ......... ----··.-.. ·--· -......... -·-···· ....... , ---.. --.-.:-..... ··----· . ·---...... ··-----·-··• ---·-·-·-··· _ .... _. --•-•-, ·-· .; Training 2 Interviewing Sexual Deviants Class Date: From 9/12/2016 to 9/14/2016 Description: Interviewing and Understanding Sexual Deviant Behavior including Registered Sex Offenders. The discipline of interviewing both suspects and victims is a sensitive issue and has evolved over the past few years. this course has been designed to inform and educate individuals who are responsible for conducting these types of interviews and interrogations Training Category: Interview and Interrogation Name of Facility: Lakewood PD Class Location: Lakewood, CO Hosting Agency: Lakewood Police Department Anticipated Number of Students: 50 Estimated length of class: 24.0 hour(s) Expense Categories Requested Approved $9,500.00 $9,500.00 Instructor Costs $9,500.00 $9,500.00 Total I I I I I I I I .... -·-·-··············----···-·-····--··-··-· ··------··----................ ·--··-·· ...................... ···--·--··--··· -· ··--········ ... -··· .. ········ ······-···--··-··-·······-··-··· .. __ __I Exhibit B-2 • • r ···--··----···-------·------------·---------------···-·----------------·----·-----, .1 Training 3 Bowmac 1 Class Date: From 1/30/2017 to 2/1/2017 Expense Categories I I . Description: "Simulation-based training for i,I Command Post Operations" Very intense live training to instruct first responders in the art of setting up a j command post in a critical incident. this includes I Multi jurisdictional cooperation on scene which ! includes Fire EMS and Police. This class has been 1 very well received in the Metro area and all agencies I I could and will benefit from this great hands on training . The class inc ludes a miniature model city to I conduct the simulated exercises. Training Category: Crime Scene Investigation i I Name of Facility: Parker PD I Class Location: Parker , CO I / ::::~p::a:e~:::::;~::::~~::rtment Estimated length of class: 24.0 hour(s) Requested $17,500.00 $17,500.00 Approved $17 ,500.00 $17,500.00 Instructor Costs Total L . --------· ------·--·--·---·-·------·--.. -·--~-... _______ ., ____ ] 1·· ··-·-.. ·-··"··----------------------·------------·-·----··----·------·-·--·· .. ···-·-----.. ·--·--·-....... --.. ··----·----------------1 • I Training 4 0.0.D.A. Loop I 1 Class Date: From 8/29/2016 to 8/30/2016 Expense Categories i • I Description: 0 .0.D.A. Loop training is a two day Officer Survival training that covers all aspects of police work from patrol officers, Field training officers , School Resource officers, Detectives and SWAT officers. Th is training covers the mental side of officer survival as well as the tactical. This course teaches the survival mindset, danger signs of every situation, ambushes on officers, as well as teaching muscle memory for the brain and mind tactics to keep the officers one step ahead of every situation . Training Category: Other Name of Facility: Arvada PD Class Location: Arvada, CO Hosting Agency: Arvada Police Department Anticipated Number of Students: 45 Estimated length of class: 16.0 hour(s) '·-· --·· --···-·······-··------· ·--··---···· ··-·· -·--···--·-···-·----······--···-··---.. - Requested $8 ,200.00 $8,200.00 Exhibit B-3 Approved $8 ,200.00 $8,200.00 Instructor Costs Total I I i I I I I ·---·---. _ .... -.......... --.. I 1----- 1 1 Training 5 0.0.D.A. Loop --------·-----·-·--------·--·· ------------1 i I I I I I I Class Date: From 3/13/2017 to 3/14/2017 Description: 0.0.D.A. Loop training is a two day Officer Survival training that covers all aspects of police work from patrol officers, Field training officers, School Resource officers, Detectives and SWAT officers. This training covers the mental side of officer survival as well as the tactical. This course teaches the survival mindset, danger signs of every situation, ambushes on officers, as well as teaching muscle memory for the brain and mind tactics to keep the officers one step ahead of every situation. Training Category: Other Name of Facility: Littleton PD I I Class Location: Littleton , CO Hosting Agency: Littleton Police Department I I Anticipated Number of Students: 45 Estimated length of class: 16 .0 hour(s) Expense Categories Requested $8,200.00 $8,200.00 Approved $8 ,200.00 $8,200.00 Instructor Costs Total I !. ___ · --------~--~-------··---------···-··----·----------------__J I I... ___ _ ····-------------··---··---------------·--·------··--·---···-·-------··---·--··--·· ·-·--·------·-----------, Training 6 CDR \ Class Date: 10/26/2016 Description: CDR is your vehicles "Black Box", this class teaches the officers how to download the Data from a vehicle into a computer program for accident reconstruction information. This Information is used by all accident reconstructionist to assist I the reconstruction of serious bodily injury and fatal car crashes. The information in the CDR is vital to speed, braking and direction of the vehicle and the time of the collision. (C.A.R.T.S. is the provider of this course) Training Category: Accident Investigation Name of Facility: Westminster PD Class Location: Westminster PD, CO Hosting Agency: Westminster Police Department Anticipated Number of Students: 1 O Estimated length of class: 16.0 hour(s) Expense Categories Requested $2,500.00 $2,500.00 Approved $2 ,500.00 $2,500.00 Instructor Costs Total i i i I I i ·-----··-·-·--·--·--··--I Exhibit B-4 • • • 1---·--· --------···-------------------·-·---·--···---·-··----····-··-------···-·----, .1 1 Training 7 CPTED II Class Date: From 10/24/2016 to 10/26/2016 Expense Categories I Description: 3 day basic CPTED (Crime Prevention Requested Approved I • 'i'. Through Environmental Design) course that 1', accommodates 50 students in the basic class. $9,750 .00 $9,750 .00 Instructor Costs I Training Category: Miscellaneous Name of Facility: Aurora PD II 1 Class Location: Aurora , CO ! I Hosting Agency: Aurora Police Department I ' Anticipated Number of Students: 50 I Estimated length of class: 40 .0 hour(s) $9,750.00 $9,750.00 Total 1 ... ----·-·--------------------------··----··-----------····· ··-·---·---·-··------ --------·------·------··-·-·--------·-------·-·-··----··-·---·--···-------··--··-··-······-------···------------·-·------- Training 8 Beyond the Cones Class Date: 11 /16/2016 ., ·. Destriptlori: "Beyond ·the Cones" Police Driving safety awareness course is part of the below 100 initiative. Training Category: Driving Name of Facility: Westminster PD Class Location: Westminster , CO Hosting Agency: Westminster Police Department Anticipated Number of Students: 125 Estimated length of class: 8.0 hour(s) Expense Categories Requested Approved $5,900.00 $5 ,900 .00 Instructor Costs $5,900.00 $5,900.00 Total I I I I I I I i I I -·. -----------------------------·-·---····--·---·-··-----···-···-·-···-·-·---···· -··-·· ··-·-···-------------J ;~:~i_n_g -;~-ey~~~--t~~-~-=~~:-----·--·-······-····-··--------------·---· ---······ ···--·--······-.. ·······-···-·--· ·----·------] I Class Date: 5/31/2017 Description: "Beyond the Cones" Police Driving safety awareness course is part of the below 100 initiative. Training Category: Driving Name of Facility: Parker PD Class Location: Parker, CO Hosting Agency: Parker Police Department Anticipated Number of Students: 100 • Estimated length of class: 8.0 hour(s) Expense Categories Requested $5,900.00 Approved $5,900.00 Instructor Costs $5,900.00 $5,900 .00 Total I I I .J Exhibit B-5 I -----··------·------·---·-··------------1 Training 10 EVOC Instructor Course DR0016 I I I I I Class Date: From 8/15/2016 to 8/19/2016 Expense Categories I Description: This course tra ining officers to be Requested Approved I , instructors in police pursuit driving that includes, . I I backing, patrol driving and pursuits. This course is $9 ,000 .00 $9,000.00 Instructor Costs instructed by Denver PD Driving Instructors. Training Category: Driving Name of Facility: Denver PD Class Location: Denver , CO $9,000.00 $9,000.00 Total I Hosting Agency: Denver Police Department Anticipated Number of Students: 40 Estimated length of class: 15 .0 hour(s) i I I ---------·-------------------·-----------·---________________ ..! I '··-----·-· 1·-· Training 11 EVOC Instructor Course ~ROO~-----------------------·----·--·---- 1 Class Date: .f rom 9/26/2016 to 9/30/2016 ·,.·.· ··' 'Expense Categories I I I I Training Category: Driving I Description: This course training officers to be instructors in police pursuit driving that includes , backing, patrol driv ing and pursuits. This course is instructed by CLEDSA Driving Instructors . . Name of Facility: Adams County Train ing ! Class Location: Brighton , CO I Hosting Agency: Adams County Sheriff's Office ' ! Anticipated Number of Students: 15 Estimated length of class: 40 .0 hour(s) Requested Approved $9 ,000.00 $9 ,000.00 $9,000.00 $9,000.00 Instructor Costs Total I I I ! I i I ! i 1 ........ ---------·--·-----··--·--·-·--·-·--·---------·-···· . --------------··-----·-···. . ····--····-------····•·. -· ·-· ···------···-··--·-·-·-______ __! Exhibit B-6 • • • • -------------------------·--·-··-----------.. -----·--1 I r--- I I I I I i I I ! l i rraining 12 EVOC Instructor Course DR0016 Class Date: From 11/14/2016to 11/18/2016 Description: This course training officers to be instructors in police pursuit driving that includes , backing, patrol driving and pursuits. This course is instructed by CLEDSA Driving Instructors. Training Category: Driving Name of Facility: Adams Co Training Class Location: Brighton , CO Hosting Agency: Adams County Sheriff's Office Anticipated Number of Students: 15 Estimated length of class: 40.0 hour(s) Expense Categories Requested $9 ,000 .00 $9,000.00 Approved $9,000.00 $9,000.00 Instructor Costs Total [_ ________________ .,_ ·------------------------·-----.. ·---------·------...... ______________ __! i--Training 13 EVOC 4x4 Instructor course DROO~~------·-·----·---.. -------·-... --------.. --------! . ciass .oate~..f.rom l/9/2017to1/13/2017 --. . Expense Categories . . I Approved $5,400.00 Instructor Costs I Description: EVOC Driving course for Four Wheel Drive Police Vehicles, this course teaches the details 1 1 and intricacies of driving a high profile vehicle in the ·!·; pursuit driving situations. I Training Category: Driving Requested $5,400.00 $5,400.00 $5,400.00 Total I I Name of Facility: Adco Training ~! Class Location: Brighton, CO I Hosting Agency: Adams County Sheriff's Office I I Anticipated Number of Students: 12 I I i Estimated length of class: 24 .0 hour(s) J i ! l . .. ··---···--------------.. -·---.. ·---------·---------------· -. ·-·-... ___ .. __ -·-·----"· .... ---· ......................... ___ ._._ ... -----· .. -------.. ----------.. -_j • Exhibit B-7 Description: This is an 80-hour advanced skills curriculum intended to provide those attending course development and validation techniques, pursuit operations, pursuit ending techniques, high center of gravity vehicle operations, adult instructional methodology, coach ing skills , remedial instruction, and additional skill building training for those who attend. This is a two week course that is both classroom and physical skills training. Those attending must have successfully completed a Colorado POST approved driving instructor program prior to the course, and will need to provide a copy of their certificate to attend. Training Category: Driving Name of Facility: Flatrock Training Class Location: Brighton , CO Hosting Agency: Adams County Sheriff's Office .. _; ..... A rrij(;"ipat ad J'iumber of S~udents:; 12 , , ··--· j Estimated length of class: 80.0 hour(s) .. ,· .; . \ '· ~ .~ .. Requested Approved $14 ,500.00 $14 ,500.00 Instructor Costs $14,500.00 $14,500.00 Total I I I I i I I --··-----------·---------------------·-------·--·--------------------·---··-------------------_____ J 1 ···-· ··-·-------------------------------------------------------------------------1 I ! Training 15 WINTER DRIVING & ACCIDENT AVOIDANCE COURSE j Class Date: 2/16/2017 Expense Categories I Description: This is a 10-hour course that provides attendees exposure to operating vehicles in inclement weather and avoidance of vehicle accidents in winter conditions. Those attending will be provided repetitious practice in skid recovery , steering techniques in inclement weather , and skid management to augment vehicle performance in adverse weather conditions. This course will be conducted in winter months, and in a cold weather environment. Those wishing to attend should be prepared for operating a vehicle in extremely cold conditions. Training Category: Driving Name of Facility: ADCO Class Location: Brighton , CO Hosting Agency: Adams County Sheriff's Office Anticipated Number of Students: 12 Estimated length of class: 10.0 hour(s) Requested $1 ,800.00 $1,800.00 i I I I Approved $1,800.00 Instructor Costs $1,800.00 Total i ------.... ···----------------------------------------------. ----·-----·-------------------------------------·---------··--· ---. Exhibit B-8 • • • r--;~ainin; 16 VEHICLE C~UNTER AMBUSH TE~HNIQU~S P~~-~~~-·· -·------------·; I I Class Date: From 5/15/2017 to 5/18/2017 , Description: This is a 40-hour course intended for members of specialized units responsible for high-risk transports (such as high profile inmate , at-risk witnesses , etc.). Training will be conducted in four 10-hour days. Those attending will be provided training in identifying ambush points and kill-zones , techniques in preventing and evading vehicle ambushes, dynamic vehicle operations , team operations, vehicle caravanning techniques , and transport planning. On the last day the attendees will ' be required to demonstrate these techniques in a variety of scenario based training . Those attending will need to complete a proficiency evaluation during the first day of training. This course is intended for those who have a better than average ability to operate vehicles, and must be a member of a specialized unit within their agency. This course requires a host agency to facilitate. There are specific equipment and facility needs that include classroom, AV equipment, training facility, training .i, ,.~~ehjcles. ,equlpped fOi TVi!PIT trqiJ"i ing , and · / Simunition training weapons. The total number of 1 attendees is capped at 12. I l Expense Categories Requested $4 ,800.00 $4,800.00 Approved $4 ,800.00 $4,800.00 Instructor Costs Total e l I Training Category: Driving Name of Facility: Flatrock Training Class Location: Brighton , CO • I Hosting Agency: Adams County Sheriff's Office Anticipated Number of Students: 12 Estimated length of class: 40 .0 hour(s) ' L_ --·-·---·---··---------------·--· _________ .. _______ -··---· -·--···-··-·----·--·-... -··-·-.. -· --··-· .......... ---·-----·-···---·. -__ J (·-·-------··----·-------·-------------·-·-----·-------------· -·· -----·-··· ··------· ·---·-·· --·· ··--· -······-·····-----·-·-··-·---···--··-1 I ! Training 17 Advanced CPTED Class Date: From 6/5/2017 to 617/2017 Description: Advanced CPTED 3 day Advanced CPTED course accommodates 50 students in the advanced class Training Category: Miscellaneous Name of Facility: Jeffco SO Class Location: Golden , CO Hosting Agency: Jefferson County Sheriff's Office Anticipated Number of Students: 50 Estimated length of class: 24.0 hour{s) Expense Categories Requested Approved $8,400 .00 $8,400.00 Instructor Costs $8,400.00 $8,400.00 Total ...... 1 Exhibit B-9 ! 1. Training 18 Basic on Scene Accident Investigations , Class Date: From 9/12/2016 to 9/16/2016 Expense Categories I I. Description: Basic on-scene Accident Investigations 1 teaches evidence identification, collection and j photography to assist other higher tra ined officers in I accident investigations. I Training Category: Accident Investigation I ::: ~::::~;~~~:::~~~Academy \ Hosting Agency: Denver Police Department I Anticipated Number of Students: 25 Estimated length of class: 40.0 hour(s) Requested $2,500.00 $2,500.00 Approved $2,500.00 $2,500.00 Instructor Costs Total I I i..-··-----·----------------------------·---·-------------·--·---· --·-----·-··---------------J r·----------------·-------------·------·-------· -·-·-·--·· ·----------------------------, 1 Training 19 Basic on Scene Accident Investigations I 1 .C lass~ Dat e:"f.o rom 3/13/2017 tcf3i17/20U ··~ ., . ,,. . Expense Categories I Description: Basic on-scene Accident Investigations teaches evidence identification, collection and photography to assist other higher trained officers in accident investigations. Training Category: Accident Investigation Name of Facility: Denver Police Academy Class Location: Denver , CO Hosting Agency: Denver Police Department Anticipated Number of Students: 25 Estimated length of class: 40.0 hour(s) Requested $2,500.00 $2,500 .00 Exhibit B-10 Approved $2,500.00 $2,500 .00 Instructor Costs Total I I I I I I I ----' • • • • ,-----· ----------------------------·--·-·----------~-------·----------·-1 Training 20 Level II Accident Investigations I Class Date: From 10/31/2016to 11/11/2016 Description: Level II Accident Investigations class teaches the physic of traffic acc idents and the math formulas to determine speeds of vehicles. This course also teaches the time/distance formula to determine the position of the vehicles leading up to the crash. Training Category: Accident Investigation Name of Facility: Aurora Training Center Class Location: Aurora, CO Hosting Agency: Aurora Police Department Anticipated Number of Students: 20 Estimated length of class: 80.0 hour(s) I Expense Categories Requested Approved $5,000.00 $5,000.00 Instructor Costs $5,000.00 $5,000.00 Total -------------------~ ,---- i -----··--------------·--··--·-·------------1 ..... i !raJiling Zi ·Leve.Lil AGcident Investigations · · _ _,, . I Class Date: From 5/15/2017 to 5/26/2017 i Expense Categories •I Description: Level II Accident Investigations class teaches the physic of traffic accidents and the math formulas to determine speeds of vehicles . This course also teaches the time/distance formula to determine the position of the vehicles leading up to the crash. Requested $5,000.00 Approved $5 ,000 .00 Instructor Costs I I $5,000.00 $5,000.00 Total I I I Training Category: Accident Investigation I ! Name of Facility: Aurora Training Center I Class Location: Aurora , CO i Hosting Agency: Aurora Police Department I I Anticipated Number of Students: 20 I I Estimated length of class: 80.0 hour(s) I L ___ ------------------------------------·-----------------------------------------------------------·---·--·····-····--. -------·-·· ·-·------------------------_J • Exhibit B-11 :-----·---------··-·------------·----·--··-------·-·· -------·-·---------··--·--·------·----·---·-·--·-··--·-·---·-·-1 J Training 22 IPMBA Police Bike School \ I I I Class Date: From 5/1/2017 to 5/4/2017 Expense Categories I I I · Description: IPMBA traines officers the basic bicycle Requested Approved I I safety and patrol procedures needed for the safe and j effective bike patrol $3,800.00 $3 ,800.00 Instructor Costs 1 ! Training Category: Bike Training $3,800.00 $3,800.00 Total I ~~::::::::;~Jo~::~ ~~o 1 1 Hosting Agency: Jefferson County Sheriff's Office Anticipated Number of Students: 24 Estimated length of class: 40 .0 hour(s) I I I ··--·----··----------------·---·--·----·-·--·-----------·-----··--·--·--·-·--··-------·-·--·--------------·--_J !---·-----------·---------·--------·-··-··---····-·--·--·-------------·----·-·--··---······-·---·-·-·-----. ----·-·-1 ' Training 23 IPMBA Police Bike School \ 1 Class Date: From 5/8/2017 to 5/11/2017 Expense Categories i . oescriptio:n: IPMBA traines offiCers thff 'basiC .bicYble ·. ";·. 1 1 safety and patrol procedures needed for the safe and effective bike patrol Training Category: Bike Training Name of Facility: Westminster PD Class Location: Westminster , CO Hosting Agency: Westminster Police Department Anticipated Number of Students: 24 Estimated length of class: 40.0 hour(s) -· Requested Approved $3 ,800.00 $3,800 .00 $3,800.00 $3,800.00 ! Instructor Costs Total f I I I . ·--··---------------··-·-····--·---·-·--·----·-·-·-·--· ---·····-··---· --···------····---·--·--·--···--·-····---·----·----· ---··--····-·-·--·--····--···----------··---·--·--····..) Training 24 Jeffco New Detective Academy Class Date: From 4/10/2017 to 4/14/2017 Description: Jefferson County DA's Office hosts and trains new detectives on the proper ways to invest igate and file a case with the District Attorneys office Training Category: Basic Detective School Name of Facility: Jefferson County DA's Office Class Location: Golden, CO Hosting Agency: Jefferson County Sheriff's Office Anticipated Number of Students: 60 Estimated length of class: 40.0 hour(s) Expense Categories Requested $2,000.00 $1,500.00 $3,500 .00 Approved $2,000.00 $1 ,500.00 $3,500.00 Exhibit B-12 Training Supplies Refreshments Total • ·-· -. •.. .• ··--·····-·-······ ... •·-I • • • r-·---------------------·------·---------··---·---·--·----·-----· I Training 25 NTOA Patrol Supervisor Response to Critical Incidence • I Class Date: From 9/19/2016 to 9/20/2016 I Expense Categories i Description: Patrol Supervisors response to critical incidents. This course filled very quickly again this year as a favorite for departments to get patrol supervisors very good training in two days I Class Location: Parker , CO ! I Hosting Agency: Parker Police Department Anticipated Number of Students: 25 Training Category: Supervision Name of Facility: Parker PD I Estimated length of class: 16.0 hour(s) I Requested $4,700.00 $4,700.00 Approved $4,700.00 Instructor Costs $4,700.00 Total I I i ! ___________ . __ _ ·--·----···-·---·-·---·----·----··------·---·--------------___ __j Training 26 NTOA Patrol Supervisor Response to Critical Incidence " j ·~:ssc~iop· :=~:r~;:::~ ~~P/~~:~~;~r~:p/:~::-;~: :ritical Expense Categories 1· · Requested Approved I incidents. This course filled very quickly again this ! ! year as a favorite for departments to get patrol $4,700.00 $4,700.00 Instructor Costs I •. 1 1 '··'! supervisors very good training in two days $4 ,700 .00 $4,700 .00 Total 1 Training Category: Supervision Name of Facility: Lakewood PD ' i Class Location: Lakewood , CO I , Hosting Agency: Lakewood Police Department 1 I Anticipated Number of Students: 25 I 1 Estimated length of class: 16.0 hour(s) I i i i.·-···----···----·-···---·-------·-----···-··--·---·--·····---··-----·---·-·--·-----·······----···--··---· -·--·-·-------···----·---. --........ --· --· --.. ··-·------·---·-------·-------J • Exhibit B-13 ,--------·---·----------------------·--·--·-----···---·----·------·······-· j Training 27 LSAT j 1 ' Class Date: From 10/3/2016 to 10/5/2016 Description: "LSAT: Detecting Deception in Written i Statements" this course teaches officers/detectives I to analyse written statements from suspects and I witnesses on deception. A tool well used by I officers/detectives to determine crimes, truths and i deception in statements written on a criminal Training Category: Other Expense Categories Requested Approved $5 ,800.00 $5,800 .00 Instructor Costs $5,800.00 $5,800.00 Total l I I I I I investigation . I i ! ~::: :::=:;~::::~~ ~~ I J Hosting Agency: Broomfield Police Department \ I ::::::~.~::b:;~~~:~now:o::~ -~----------------------------. _________________ I ; -----·------··-· ·--··· --------------···--·-·---------------, -·--·---... -~ --·-· ... ~ ... :.-~-·-_· ---· -· ----~----· -----··---·----:---------·~--:-·.-~-----.---·--:-·----------------~ ----------~ --· ------· ·---· -------·---·--·. ·····--;-------1 -.. Training 28 GMR Training Symposium/Conference Class Date: From 3/1/2017 to 3/2/2017 Description: GMR training Symposium/Conference is a two day training symposium open to state wide law enforcement em ,ployees. This training will include local and National speakers on several law enforcement topics. This symposium gives hundreds of officers a chance to see and hear trainings that are not always available in smaller venues and at no cost to their departments. Training Category: Miscellaneous Name of Facility: Arvada Center ! Class Location: Arvada, CO I I i ! i : Hosting Agency: Other Anticipated Number of Students: 500 Estimated length of class: 16.0 hour(s) Expense Categories Requested Approved $8,500 .00 $8,500.00 Facility Fee $2,000.00 $2,000.00 Training Supplies $9,975.00 $9 ,975.00 Refreshments $25,000 .00 $25,000.00 Instructor Costs $45,475.00 $45,475.00 Total !. ····-····· .. ······----·. -------····· -·-·····-· --.... ··--·--------·-·--··· --·--· ····-·--·--------·-···------·-· ----....... --····-···. ·-······· ·--· ... ··---·-······-··-··---···-··. ----··-·-···-·--·· Exhibit B-14 • • • • I I I ---------------------------------------------------·-------------------------1 Training 29 Basic SRO ss0001 1 Class Date: From 8/15/2016 to 8/19/2016 Description: Basic 40 hours SRO course Training Category: Miscellaneous Name of Facility: Lakewood PD Class Location: Lakewood, CO Hosting Agency: Lakewood Police Department Expense Categories Requested Approved $16,600.00 $16,600.00 $16,600.00 $16,600.00 I I Instructor Costs Total I Anticipated Number of Students: 20 \ I Estimated length of class: 40.0 hour(s) , I I / _________________________________________________ J I ___ Training 30 Si~gl~-~-;.ce~ R:s~onse ss;O~;--·-----------------------·------------------·----~-1 . J ;~~;:~=F~~:~~~~:~:::~:t~ ~~t~--· ~-··~:~:::.:0:::::-. ··rrain1ngSUpp[OS -···· .1 1: __ I Training Category: Other I Name of Facility: Martinsen Elementary _ $10,000.00 $10,000.00 Instructor Costs I I Class Location: Arvada' CO $13,000.00 $13,000.00 Total I • 1 ,1 II Hosting Agency: Arvada Police Department I Anticipated Number of Students: 20 ! Estimated length of class: 16.0 hour(s) ! i • I l ... --·---·-· ------·------···-·----------·-·---·-------· ----'----·---------------···--·-·-·-------·-··-· -------·····-·· -------------~-----·-··-----··--·-' • Training 31 FTC Kaminsky class Class Date: From 7/25/2016 to 7/29/2016 Description: Kaminsky FTO class for new FTO's Training Category: Field Training Officer Name of Facility: Westminster PD Class Location: Westminster , CO Hosting Agency: Westminster Police Department Anticipated Number of Students: 24 Estimated length of class: 40.0 hour(s) Expense Categories Requested $7,750.00 $7,750.00 Exhibit B-15 Approved $7,750.00 $7,750.00 . -----·---------1 Instructor Costs Total i I I I I I I I ! ! ! i -· ..... --------------·-······ -----·-····-I r·------- 1 Training 32 FTO Kaminsky class Class Date: From 10/17/2016 to 10/21/2016 Description: Basic FTO Kaminsky class Training Category: Field Train ing Officer Name of Facility: Auraria PD Class Location: Denver , CO Hosting Agency: Auraria Police Department Anticipated Number of Students: 24 Estimated length of class: 40.0 hour(s) ,----·----· j Training 33 FTO Kaminsky class i I I Class Date: From 1/23/2017 to 1/27/2017 Description: Basic FTO Kaminsky class .. TraiAing Cat egGry: field T raining Office•"'-·· .· ,. ·•'- N-.me of Facility: Lakewood Class Location: Lakewood, CO Hosting Agency: Lakeside Pol ice Department Anticipated Number of Students: 24 Estimated length of class: 40 .0 hour(s) ------------·--------·-------------·--1 Expense Categories Requested Approved $7 ,750.00 $7 ,750 .00 Instructor Costs $7,750.00 $7,750.00 Total I I ---------·--------------·-·-------·----.J ·--·-·----··-·---·-·--·-··-·-···-----··----·--·----· ·-1 Expense C~tegories Requested Approved ";. $7,750.00 · $7,750 .00 ·1nstrucfor Costs $7,750.00 $7,750.00 Total I I I I I I ! l _ -·· --·----·----·-·----------·---------··-·---·:·-·-·---··-----------·-----......... ···--·· ··--·-··--·--·-··-·-·----·-·------·-··--·---·------·- ·----------·------------·-·-·------·--·--------·-- Training 34 FTO Kaminsky class Class Date: From 5/1/2017 to 5/5/2017 Description: Basic FTO Kaminsky class Training Category: Field Training Officer Name of Facility: Jeffco Class Location: Golden, CO Hosting Agency: Jefferson County Sheriff's Office Anticipated Number of Students: 24 Estimated length of class: 40.0 hour(s) Expense Categories Requested Approved $7 ,750.00 $7 ,750.00 Instructor Costs $7,750.00 $7 ,750 .00 Total I .. -·-· ...... ··-·-· --··-·····-·······-·· ········· ··-·--·-···. ··-·-... ···-·---···•·•··· ... ····· ---.. -······ ···-·--····-----·····-·· ..... -----·-................... -.. ·--···-········-•h .................. ! Exhibit B-16 • • • '--------------------------------------------··-·-··---------------------------1 j Training 35 Street Crimes I Pat McCarthy • 1 Class Date: From 10/18/2016 to 10/20/2016 Description: Street Crimes Seminar is an officer safety/Officer Survival seminar by national speaker Pat McCarthy Training Category: Street Survival Name of Facility: Broomfield PD Class Location: Broomfield , CO Expense Categories Requested $12,000.00 $12,000.00 Approved $12 ,000.00 $12,000.00 Instructor Costs Total Hosting Agency: Broomfield Police Department 1 11, Anticipated Number of Students: 120 Estimated length of class: 20.0 hour(s) I i I I . [ _______________________________________________ ---··--·--·-·----·---------.. ___________________ J [ ·--·------------------· -------·----------------··------···-·--··------------------··----1 Training 36 CSOC Supervisor Institute \ I Class Date: From 2/20/2017 to 3/3/2017 Expense Categories I · -· · l < Description: S\:rper'vis6r institute by CSOC < • • -Requested · Approved 1 ··. ! Training Category: Supervision $8,500 .00 $8,500.00 Instructor Costs I Name of Facility: Jeffco • : Class Location: Golden , CO i Hosting Agency: Jefferson County Sheriff's Office $8,500.00 $8,500.00 Total I Anticipated Number of Students: 30 j Estimated length of class: 80.0 hour(s) \ ; I ! I L ____________________________________ -------·· ···---··---·--·--··· --·-·----------------···----···-···· ----------·-----·--·-----·-J , . --·-·-·------------·-·-·· -------------·-·----·--··--· -------··· ____ ,_ ··------····-·· -··-·-···--· --·-·-· ---· ····-· -·------·--· --····-----·-·-------··----1 I Training 37 Redman Instructor j Class Date : From 7/25/2016 to 7/29/2016 Expense Categories I Description: Arrest Control REDMAN instructor course Training Category: Other Name of Facility: Glendale PD Class Location: Glendale , CO Hosting Agency: Glendale Police Department Anticipated Number of Students: 15 Estimated length of class: 40.0 hour(s) I i Requested Approved $25,000.00 $25,000.00 Instructor Costs $25,000.00 $25,000.00 Total --··-··-·--·-··-·------·-----··--·-·----···-···· -·--··--··--···------··-···-····-···--····-····--·-----···----·-··-······ --· ---· -·---· ····---·-···. ·--······· ··-· --··--···--------·--·--·--·-·· .. i Exhibit B-17 ------·------------·---··-----··---·------------·-1 Training 38 PTO Train the traininer Class Date: From 8/15/2016 to 8/19/2016 Description: PTO train the trainer class Training Category: Field Training Officer Name of Facility: Parker PD Class Location: Parker , CO Hosting Agency: Parker Police Department Anticipated Number of Students: 25 1 Estimated length of class: 40 .0 hour(s) I I I __ Expense Categories Requested Approved $25,000.00 $25,000 .00 $25,000.00 $25,000.00 Instructor Costs Total I I I I I I I I --·--·' f. ·;~~~-~ing 39 B-old Pa~rol -------·-·-.~.-~ ·------· ----·-. -·-·· .. --·-·--··-·· ----1 1 1 Class Date: 5/17/2017 1.' Description: Tina Rowe class on patrol self initiated I patrol -.. - . ;;·.· . . . ;.,~ .. '· .. ·;_~_";;·.(. I I Training Category: Miscellaneous Name of Facility: Arvada PD I Class Location: Arvada , CO ! .':'·.·-··-;··,_ ...... . Expense Categories Requested Approved · "$7,5bb :oo -$7.soo.oo lnstn..ictorCosts · $7,500.00 Total I Hosting Agency: Arvada Police Department i Anticipated Number of Students: 40 i Estimated length of class: 8.0 hour(s) I l __ -------------------------------· -------------------------------------. -... ------. -------------___ ! ------------·---------·-----·-·--··-·· ...... _______ ·-----··---·-----· -·-------------···-·--·· .... --·-······-. -----· ···---.. -····-------·-------·i Training 40 Spanish on Patrol Class Date: From 9/19/2016 to 9/20/2016 Description: 2 day class on street spanish Training Category: Miscellaneous Name of Facility: Auraria PD Class Location: Denver, CO Hosting Agency: Auraria Police Department Anticipated Number of Students: 24 Estimated length of class: 16.0 hour(s) Expense Categories Requested Approved $8,000.00 $8,000.00 $8,000.00 $8,000.00 Exhibit B-18 Instructor Costs Total i I I ! ! ----. __ ,, --------------.. --__ J • • • EQUIPMENT ,---·--·-----------------------------·------·--------------·-·------------------·-··1 • 1 Equipment 1 I I I I I Description: Additional Equipment to add onto the Tl Simulator such as force on force and addition weapons systems Equipment Category: Shooting Systems Expense Categories Requested Approved $30,000 .00 $30 ,000.00 I L.-.. --··----·------·--····--·-----------·-·----·-------------------·----·------·------·-·-·----·---------·---J SCHOLARSHIP 1-------------------------------------------------------------------------------·----i I/ Description: Request made by agencies for training Expense Categories I money for specialty classes that GMR is not able to 1 buy/host $70,000 .00 divided by 7300 officers (in the Requested Approved I , j,.,.r~ion) . .ls $9:58 .per officer.:~; ·" · -" · •:c .,_,, $70 ,00ci.oo ··" $70 ,000 .00 ' -Tuition/Regisfration j i j $70,000.00 $70,000.00 Total j ! I • '·-----·-----·-----------------------------------------------··-------·-__________ J • Exhibit B-19 EXHIBIT C -GRANT FUNDING CHANGE LETTER (OPTION LETTER) GRANT FUNDING CHANGE LETTER (GRANTEE NAME) Date: Original Contract CMS #: TO: Grantee Name: Grant Funding Change Letter# CMS Routing# In accordance with Section 7 of the Original Contract between the State of Colorado , on behalf and through the Department of Law, and (Grantee Name) beginning (Effective Date) and ending on (Termination Date) the undersigned commits the following funds to the Grant: The amount of grant funds available and specified in Section 7 are increased $(Amount) to a new total funds available of $ (Amount) for law enforcement training. I: Amount Project Description Section 7. A is hereby modified accordingly . ~This Grant f4'un.ding Ch'alfge Letter tloes not'coristitute ·an order for services under this Graiit: The effective date of hereof is upon approval of the State Controller or (Date) whichever is later. STATE OF COLORADO John W. Hickenlooper, Governor by and through the DEPARTMENT OF LAW Melanie J. Snyder, Chief of Staff ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Grant Funding Change Letter 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, MBA, JD Melissa Moynham, Controller Date:------- Exhibit C-1 • • • , • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 18, 2016 9bi Bill for Ordinance authorizing an IGA for Arapahoe County Open Space grant award for Park Gateway Enhancements, Phase II - 2nd Reading Initiated By: Staff Source: Department of Parks, Recreation and Dorothy Hargrove, Director of Parks, Library Recreation & Library PREVIOUS COUNCIL ACTION Council previously approved Resolution #38, Series of 2016 on February 1, 2016 supporting the City's grant application to Arapahoe County Open Space for Park Gateway Enhancements, Phase II. RECOMMENDED ACTION The Parks, Recreation and Library Department recommends approval of an ordinance, on second reading, authorizing an intergovernmental agreement between the City of Englewood and Arapahoe County for the Arapahoe County Open Space grant award in the amount of $90,900 for Park Gateway Enhancements, Phase II. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Arapahoe County Open Space notified the City of Englewood on May 25, 2016 that the Parks Gateway Enhancements Phase II grant was approved. The Parks Gateway Enhancements Phase II project will provide for long overdue replacements of 8 signs, many of which are over 50 years old, with more modern, branded designs accompanied by improved landscaping. Completion of Phase II of this project will ensure that all City of Englewood park facilities will have the same, updated signs, improving visibility for guests and enhancing the image of the City. FINANCIAL IMPACT The Arapahoe County Open Space grant of $90,900 requires a cash match of $30,300. This amount is budgeted in the 2016 Open Space Fund which is supported entirely through Arapahoe County Shareback Funds. LIST OF ATTACHMENTS Attachment 1, Proposed Ordinance Letter, ACOS Grant Award May24.20:6 Ci Ly l'r Er1~1""'' ..... 1 Davel.ee 1155 West Oxfol'd Avenue Englewood, CO HOllO Dl'llf Davc, ARiJl..PAHOE eouNTY The Arupul1<ie Counly ~n SP"''" Grunt l'::ugrum is plca.,cci 1:1 i11form the City of bnglcwood ttlat th;: Spilllg 2016 E11gl~wood P:1tk~ Gatew3y l!nhan<::menls Pha.<c R .'it.ant!un! Granl 11pplicalion h>i,; ]:>l:(ln >irpriw~cl fur nulding in [he amount of .'>90 .9otl. Tn the nc111 few ,t;y~ you will rcc~vc llJI em.'\il containing i.J1st1ucti0ll.l :IIld next step> co proce1si.ug tl1e project aw•nl. We look forward to wo:kiJl.S with you ia making thi~ proje~t a reali:y! Sim.:c"'ly, . -~~ t~mJ~;y }'lilkr Gran11 Pnigr-~m Admini~trator A 1:11u1hile C.m1r11y Ope1~ Space~ '/20-ti74-6724 1 milJcr@ar@a:1ocgov.com ' ... I I ' S9j.&l 'v.lult I mi:;i srr<.•H .rn11 jt I ~ ~ ofilf1,,1.,1 ( c J J1.: I """" 1H' c,i:;4· I Tr fl -11) ~-~ ~':.-.:i I rJ1 -::-1 .... p.:i A10 I " I rr,. ;u;ir;,h ... ,.. '., .. • • • • • • ORDINANCE NO . SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE PARK GATEWAY ENHANCEMENTS PHASE II . WHEREAS, in November 2003, and November 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified Open Space purposes as set for the in County Resolution No . 030381 , amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, County Resolution No . 030381 authorized the County to award grants to funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS , the City of Englewood submitted an application for the award grants of funds from the Open Space Sales and Use Tax ("Grant Funds ") to be distributed to municipalities; and WHEREAS, the City Council of the City of Englewood authorized the City's Arapahoe County Open Space Grant Application for Englewood Parks Gateway Enhancements Phase II by the passage of Resolution No. 38, 2016; and WHEREAS , the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $90,900 for the Englewood Parks Gateway Enhancements Phase II ("Grant Project"); and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Englewood Parks Gateway Enhancements Phase II . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the Englewood Parks, attached as "Attachment 1 ", is hereby accepted and approved by the Englewood City Council. A copy of Exhibit A to Attachment 1 (the Grant application) is available in the Office of the Englewood City Clerk. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 5th day of July, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of July, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of July, 2016 for thirty (30) days. Read by title and passed on final reading on the 18th day of July, 2016 . Published by title in the City 's official newspaper as Ordinance No ._, Series of 2016, on the 21st day of July, 2016. Published by title on the City's official website beginning on the 20th day of July, 2016 for thirty (30) days . Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2016 . Loucrishia A. Ellis • • • • • • INTERGOVERNMENTAL AGREEMENT REGARDING 2016 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: ENGLEWOOD PARKS GATEWAY ENHANCEMENTS PHASE II This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMl\.fISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee") (collectively, "Parties" and individually a "Party"). WHEREAS, on November 4, 2003, and on November 1, 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, the Open Space Resolution authorizes the County to award discretionary grants from its Open Space Fund to municipalities and special districts, as more fully set forth therein; and WHEREAS, on May 25, 2016 the County approved the Grantee's Grant Proposal for the Englewood Gateway Enhancements Phase II ("Grant Project"), which is attached hereto and incorporated by reference herein as Exhibit A, subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein; and WHEREAS, this intergovernmental agreement is authorized by Article XIV, Section 18 of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203. NOW, THEREFORE, the County and the Grantee agree as follows: 1. Amount of Grant. The County hereby awards Grantee an amount not to exceed $90,900 ("Grant Funds") for the Grant Project from the Arapahoe County Open Space Fund. 2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as described in Exhibit A. 3. Disbursement of Grant Funds. Subsequent to execution of this Agreement, the Grant Funds shall be paid via ACH transfer on a reimbursement basis upon receipt of the approved status report and documentation of expenditures as outlined in Paragraph 10 below and no more often than bi-annually. No more than 75% of the grant funds will be reimbursed prior to the Final Report approval. The final 25% of grant funds will be reimbursed following the project inspection and review and approval of the Final Report and project deliverables. 4. Time for Use of Grant Funds. The Grantee agrees that the Grant Project must begin within 60 days of the award notification. The Grantee agrees that the Grant Project will be completed and the Grant Funds will be expended by no later than 1 A T T A c H M E N T 1 two years from the date of this fully executed Agreement, unless a longer period • of time is otherwise agreed to by the County in writing. The Grantee understands and agrees that if the Grant Project cannot be completed by the end of the agreed upon time period the County may require that the Grant Funds be refunded to the County Open Space Grant Fund, be re-distributed to another agency and/or be used for another viable and timely grant project. 5. Interest on Grant Funds. The Grantee further agrees that, after receipt of the Grant Funds, the Grantee will use any interest earned on the Grant Funds only for the Grant Project as set forth in Exhibit A. 6. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project, nor shall the County have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the awarded Grant Funds. Grantee also agrees to comply with all local, state and federal requirements while completing the Project unless specifically waived. 7. Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, at the completion of and/or after the Grant Project. 8. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the Grant Project and agrees to allow the County to do the same. If any events are planned in regards to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes. Event information, event materials and press release information related to the Grant Project must be sent to the County Grants Program Administrator for review and filing. 9. Required Sign at Project Site. The County agrees to purchase a standard sign for each grant project. Grantee agrees to pay the sign cost to the County for each grant project. Grantee agrees to erect and permanently maintain at least one sign in a publicly visible area in recognition of the Grant from the Arapahoe County Open Space Program. If the Grantee wishes to use their own sign and design, the Grantee must submit the sign location, design, and wording to the County Grants Program Administrator for approval prior to manufacture and/or installation of such sign. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is earlier. 10. Report Requirements. On or before January 31st and July 31st annually, the Grantee agrees to provide the County with Grant Project Progress Reports that conform to the format provided by the County. Each Grant Project Progress Report shall include supporting financial documentation as requested in the form 2 • • • • • 11. 12. provided. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a Final Report that conforms to the format provided by the County; a final spreadsheet comparing the original budget to actual expenses that certifies Grant Funds used in compliance with the Open Space Resolution; and GIS data with location and boundaries of the Grant Project. The Final Report shall also include supporting financial documentation as requested in the County report form and high resolution photographs of the progress and finished results of the Grant Project. The Grantee further agrees to provide the County with digital copies of said photographs, delivered as separate high resolution jpeg images. The Final Report shall be submitted within three (3) months of Grant Project completion unless a longer period of time has been agreed to by the County in writing. The County shall be allowed to use information and images from these reports in publications, public information upd~tes, and on the County's web site. Failure to Submit Required Reports. Upon written notice from the County's Open Space Grants Program Administrator, informing the Grantee that it has failed to submit any required status report and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Grants Program Administrator within thirty (30) days, and, if it fails to do so, the Grantee shall be deemed to be in violation this. Agreement pursuant to .Paragraph 15, below . Record Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years from the project completion date. 13. Changes to Grant Project. The Grantee agrees and understands that its Grant Project, once it has been approved by the County, may not be changed without the County's prior approval. Proposed changes must be formally requested using the applicable Grant Project Modification Form provided by the County. Changes may not begin until the County has issued an approval, which may also require the execution of an amendment to this Agreement. 14. Maintenance. Grantee agrees to assume responsibility for continuous long-term maintenance and public safety of open space lands, trails, recreation facilities, amenities, signage or other projects funded by the Grant Funds. 15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands and agrees that the County may require the Grantee to reimburse the County if any portion of the Grant Funds are not used in accordance with its approved Grant Proposal and this Agreement. Failure to comply with the terms of this Agreement shall result in default and the Grantee shall be ineligible for any future Grant 3 Funds until the violation is remedied or after such other time period as determined • by the County. 16. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided by law. 17. No Waiver of Rights. A waiver by either Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 18. Relationship of the Parties. The Grantee shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 19. No Third Partv Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee . . ~G. Severabilit\•: Should · any one or rnorc provisions .. of 'this··Agtecment' be · determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. • 21. Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 22. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 23. Notices. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Open Space Grants Program Administrator 6934 S Lima St, Unit A Centennial, Colorado 80112 4 • • • • and GRANTEE: City of Englewood 1155 W. Oxford Ave. Englewood, CO 80110 24. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 27. Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the Parties and ar~-not . inten<led..in any . way to define, limit or describe the scope or intent of this Agreement. 28. 29. Assignment. The rights , or any parts thereof, granted to the Parties herein may be assigned only with the prior written consent of the non-assigning party . Extent of Agreement. This Agreement constitutes the entire agreement of the Parties hereto . The Parties agree that there have been no representations made regarding the subject matter hereof other than those, if any , contained herein, that this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 30. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities . 5 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as • of the date set forth below. DATED this ____ day of _______ , 201_. ATTEST: By: ___________ _ Name Loucrishia A. Ellis Title City Clerk ATTEST: By: ------------Name Title GRANTEE: By: _____________ _ Name Title Joe Jefferson Mayor COUNTY OF ARAPAHOE STATE OF COLORADO By: _____________ _ Shannon Carter, Director, Intergovernmental Relations and Open Spaces Pursuant to Resolution No. 160097 6 • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: July 18 , 2016 9bii Bill for Ordinance authorizing an IGA for Arapahoe County Open Space grant award for Rotolo Park Playground Renovation -2nd Reading Initiated By: Staff Source: Department of Parks, Recreation and Dorothy Hargrove, Parks, Recreation and Library Library Director PREVIOUS COUNCIL ACTION Council previously approved Resolution #39 , Series of 2016 on February 1, 2016 supporting the City's grant application to Arapahoe County Open Space for Rotolo Park Playground Redevelopment. RECOMMENDED ACTION The Parks , Recreation and Library Department recommends approval of an ordinance , on second reading, authorizing an intergovernmental agreement between the City of Englewood and Arapahoe County for the Arapahoe County Open Space grant award in the amount of $236,800 for Rotolo Park Playground Renovation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Arapahoe County Open Space has notified the City of Englewood that the Rotolo Park Playground Renovation grant was approved on May 25 , 2016. These funds will allow replacement of outdated playground equipment, improving safety and ensuring ADA accessibility. The play equipment will be appropriate for children in a wide age range and include a group swing, net climber , tree climb , swings and a spinner apparatus . FINANCIAL IMPACT The Arapahoe County Open Space grant of $236 ,800 requires a cash match of $78 ,934. The City's cash match is budgeted in the 2016 Open Space Fund which is supported entirely through Arapahoe County Shareback funds . LIST OF ATTACHMENTS Attachment 1, Proposed Ord i nance Letter, ACOS Grant Award • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO . 24 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE ROTOLO PARK PLAYGROUND RENOVATION. WHEREAS, in November 2003 and in November 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified Open Space purposes as set for the in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, County Resolution No. 030381 authorized the County to award grants to funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City of Englewood submitted an application for the award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City Council of the City of Englewood authorized the City's Arapahoe County Open Space Grant Application for Rotolo Park Playground Renovation by the passage of Resolution No. 39, 2016; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $236,800 for the Rotolo Park Playground Renovation ("Grant Project"); and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Rotolo Park Playground Renovation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the Rotolo Park Playground Renovation, attached as "Attachment 1 '', is hereby accepted and approved by the Englewood City Council. A copy of Exhibit A to Attachment 1 (the Grant application) is available in the Office of the Englewood City Clerk. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 5th day of July, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of July, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 6th day of July, 2016 for thirty (30) days. Read by title and passed on final reading on the 18th day of July, 2016. Published by title in the City's official newspaper as Ordinance No ._, Series of 2016, on the 21st day of July, 2016. Published by title on the City's official website beginning on the 20th day of July, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2016. Loucrishia A. Ellis • • • • INTERGOVERNMENTAL AGREEMENT REGARDING 2016 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: ROTOLO PARK PLAYGROUND RENOVATION This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee") (collectively, "Parties" and individually a "Party"). WHEREAS, on November 4, 2003, and on November 1, 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, the Open Space Resolution authorizes the County to award discretionary grants from its Open Space Fund to municipalities and special districts, as more fully set forth therein; and WHEREAS, on May 25, 2016 the County approved the Grantee's Grant Proposal for the Rotolo Park Playground Renovation ("Grant Project"), which is attached hereto and incorporated by reference herein as Exhibit A, subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein; and • WHEREAS, this intergovernmental agreement is authorized by Article XIV, Section 18 • of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203. NOW, THEREFORE, the County and the Grantee agree as follows: 1. Amount of Grant. The County hereby awards Grantee an amount not to exceed $236,800 ("Grant Funds") for the Grant Project from the Arapahoe County Open Space Fund. 2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as described in Exhibit A. 3. Disbursement of Grant Funds. Subsequent to execution of this Agreement, the Grant Funds shall be paid via ACH transfer on a reimbursement basis upon receipt of the approved status report and documentation of expenditures as outlined in Paragraph 10 below and no more often than bi-annually. No more than 75% of the grant funds will be reimbursed prior to the Final Report approval. The final 25% of grant funds will be reimbursed following the project inspection and review and approval of the Final Report and project deliverables. 4. Time for Use of Grant Funds. The Grantee agrees that the Grant Project must begin within 60 days of the award notification. The Grantee agrees that the Grant Project will be completed and the Grant Funds will be expended by no later than l A T T A c H M E N T 1 two years from the date of this fully executed Agreement, unless a longer period • of time is otherwise agreed to by the County in writing. The Grantee understands and agrees that if the Grant Project cannot be completed by the end of the agreed upon time period the County may require that the Grant Funds be refunded to the County Open Space Grant Fund, .. be re-distributed to another agency and/or be used for another viable and timely grant project. 5. Interest on Grant Funds. The Grantee further agrees that, after receipt of the Grant Funds, the Grantee will use any interest earned on the Grant Funds only for the Grant Project as set forth in Exhibit A. 6. Administration of Grarit Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project, nor shall the County have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the awarded Grant Funds. Grantee also agrees to comply with all local, state and federal requirements while completing the Project unless specifically waived. 7. Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, at the completion of and/or after the Grant Project. 8. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the Grant Project and agrees to allow the County to do the same. If any events are planned in regards to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes. Event information, event materials and press release information related to the Grant Project must be sent to the County Grants Program Administrator for review and filing. 9. Required Sign at Project Site. The County agrees to purchase a standard sign for each grant project. Grantee agrees to pay the sign cost to the County for each grant project. Grantee agrees to erect and permanently maintain at least one sign in a publicly visible area in recognition of the Grant from the Arapahoe County Open Space Program. If the Grantee wishes to use their own sign and design, the Grantee must submit the sign location, design, and wording to the County Grants Program Administrator for approval prior to manufacture and/or installation of such sign. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is earlier. 10. Report Requirements. On or before January 31st and July 31st annually, the Grantee agrees to provide the County with Grant Project Progress Reports that conform to the format provided by the County. Each Grant Project Progress Report shall include supporting financial documentation as requested in the form 2 • • • • • 11. 12. provided. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a Final Report that conforms to the format provided by the County; a final spreadsheet comparing the original budget to actual expenses that certifies Grant Funds used in compliance with the Open Space Resolution; and GIS data with location and boundaries of the Grant Project. The Final Report shall also include supporting financial documentation as requested in the County report form and high resolution photographs of the progress and finished results of the Grant Project. The Grantee further agrees to provide the County with digital copies of said photographs, delivered as separate high resolution jpeg images. The Final Report shall be submitted within three (3) months of Grant Project completion unless a longer period of time has been agreed to by the County in writing. The County shall be allowed to use information and images from these reports in publications, public information updates, and on the County's web site. Failure to Submit Required Reports. Upon written notice from the County's Open Space Grants Program Administrator, informing the Grantee that it has failed to submit any required status report and/or fmal report, the Grantee shall submit such reports to the County through the County's Open Space Grants Program Administrator within thirty (30) days, and, if it fails to do so, the Grantee shall be deemed to be in violation t..liis Agreement pursuant to Paragraph 15, below. Record Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years from the project completion date. 13. Changes to Grant Project. The Grantee agrees and understands that its Grant Project, once it has been approved by the County, may not be changed without the County's prior approval. Proposed changes must be formally requested using the applicable Grant Project Modification Form provided by the County. Changes may not begin until the County has issued an approval, which may also require the execution of an amendment to this Agreement. 14. Maintenance. Grantee agrees to assume responsibility for continuous long-term maintenance and public safety of open space lands, trails, recreation facilities, amenities, signage or other projects funded by the Grant Funds. 15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands and agrees that the County may require the Grantee to reimburse the County if any portion of the Grant Funds are not used in accordance with its approved Grant Proposal and this Agreement. Failure to comply with the terms of this Agreement shall result in default and the Grantee shall be ineligible for any future Grant 3 -. Funds until the violation is remedied or after such other time period as determined • by the County. 16. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided by law. 17. No Waiver of Rights. A waiver by either Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 18. Relationship of the Parties. The Grantee shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 19. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee. ''.::u. Severability. Should " any ·one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. 21. Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 22. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 23. Notices. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Open Space Grants Program Administrator 6934 S Lima St, Unit A Centennial, Colorado 80112 4 • • • • • and GRANTEE: City of Englewood 1155 W. Oxford Ave. Englewood, CO 80110 24. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 26. Incor;poration of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 27. Section Headings. The headings for any section of this Agreement are only for the convenience and referenc.e .. of .the . Parties . and . are. not.intended in any way to. define, limit or describe the scope or intent of this Agreement. 28. 29. Assignment. The rights, or any parts thereof, granted to the Parties herein may be assigned only with the prior written consent of the non-assigning party . Extent of Agreement. This Agreement constitutes the entire agreement of the Parties hereto. The Parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 30. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities . 5 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as • of the date set forth below. DATED this ____ day of ______ ~ 201 . ATTEST: By: ___________ _ Name Loucrishia A. Ellis Title City Clerk ATTEST: By: ___________ _ Name Title GRANTEE: By: _____________ _ Name Title Joe Jefferson Mayor COUNTY OF ARAPAHOE STATE OF COLORADO By: _____________ _ Shannon Carter, Director, Intergovernmental Relations and Open Spaces Pursuant to Resolution No. 160097 6 • • • • Date July 18, 2016 COUNCIL COMMUNICATION Agenda Item 11ai Subject Farm Lease Renewal Agreements INITIATED BY STAFF SOURCE Littleton/Englewood Wastewater Treatment Plant -Supervisory Committee Dennis W. Stowe, Plant Manager Jim Tallent, Treatment Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 2011, Council approved 5-year lease agreements, with local farmers, to manage farming operations on properties owned by the Cities of Englewood and Littleton . The goal for this action is to approve new leases for a five-year period. RECOMMENDED ACTION The recommended action is to approve, by Ordinance, new 5-year farming lease agreements for: 1. Progressive Farms (C/o Mark Linnebur) 2. Craig Farms General Partnership (C/o Jerry Craig) 3. Clint A Burnet 4. Kent Beichle 5. Gary and Nancy Meier and Jason Meier BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Biosolids are nutrient-rich, organic materials produced during the treatment of domestic wastewater. These materials, when treated and processed properly, are environmentally safe and recycled as an organic soil amendment (or fertilizer) to improve farm soils and stimulate crop growth . Since 1982, the Littleton/Englewood Wastewater Treatment Plant (UE WWTP) has exclusively produced Class "B" biosolids which are used in an agricultural land application program (approximately 3,400 dry tons per year) for production of human consumable crops. This program was initiated in response to the increased cost and liability for landfill disposal of wastewater biosolids. In 1995/96, UE WWTP was granted approval by the Cities of Englewood and Littleton (Cities) to purchase approximately 6,600 acres of dryland farm property (Byers farm) to be used exclusively for the beneficial application of domestic wastewater biosolids generated by the facility . In 2007, an additional 1,270 acres was approved for purchase for biosolids application (added to the Byers farm). In addition, the Cities also own approximately 947 acres near Bennett, CO (Bennett farm), which is also actively farmed . Initial land purchases included farming agreements, with the previous owner, based on a 1/3 share of crop sale proceeds and 1/3 share of farming expenses (fertilizer, weed control, etc.) with LIE WWTP. In 2006, 5-year (renewable annually to comply with TABOR) cash lease agreements were developed for $8.00/acre . With this arrangement, farming expenses are borne solely by the farmer and not shared with UE WWTP. This results in reduced budgetary expenditures, as well as a firm revenue source for UE .WWTP. In 2016, cash-lease prices were reviewed to assess if current lease rates are commensurate with the farming industry. Research to find a Colorado database for private lease rates was inconclusive . However, • the State of Colorado State Land Board (SLB) does maintain a program where dry cropland rental rates, for State Trust Land, are linked to commodity prices, crop yields and compared to private dry cropland rates. The most current SLB documentation indicates a cash rent rate of $12.26/acre in Arapahoe County (most of our biosolids-use land is in Arapahoe County). An adjustment to our cash-lease rate from $8.00/acre to $12.00/acre, for all lease arrangements, results in a 50% increase in the cash-lease rate to our farmers (to which they have agreed). By using SLB as a basis for lease evaluation, it brings our cash- lease arrangements in line with State of Colorado recommendations. The UE WWTP Supervisory Committee approved this new cash-lease rate in October 2015 . Following this approval, new cash-lease documents were prepared, reviewed and approved by the Englewood City Attorney and the Littleton City Attorney prior to farmer signature. FINANCIAL IMPACT With this recommendation, firm revenue of $90,300 will be generated each year, regardless of commodity/economy trends . LIST OF ATTACHMENTS Littleton/Englewood WWTP -Progressive Farms Lease Agreement Littleton/Englewood WWTP -Craig Farms General Partnership Lease Agreement Littleton/Englewood WWTP -Clint A. Burnet Lease Agreement Littleton/Englewood WWTP -Kent Beichle Lease Agreement Littleton/Englewood WWTP -Gary Meier Lease Agreement Biosolids Use Restrictions Information Brochure • • Restrictions for the Harvesting of Crops and Turf, Grazing of Animals, and Public Access on Sites WIJere Class "B" Biosolids Are Applied Restrictions for the harvesting of crops* and turf: 1. Food crops, feed crops, and fiber crops, whose edible parts do not touch the surface of the soil shall not be harvested until 30 days after biosolids application. 2. Food crops with harvested parts that touch the biosolids/soil mixture and are totally above ground shall not be harvested until 14 months after application of biosolids. 3. Food crops with harvested parts below the land surface where biosolids remain on the land surface for 4 months or longer prior to incorporation into the soil shall not be harvested until 20 months after biosolids application. 4. Food crops with harvested parts below the land surface where biosolids remain on the land surface for less than 4 months prior to incorporation shall not be harvested until 38 months after biosolids application. .... -·--: •. -.. , ·~ .... --·· ·:-.--··.-: ·-··· ·-. .,. ., . ,.. . .......... ·-· -···'~'-''": .---·-·· -· .... : ....... . 5. Turf grown on land where biosolids are applied shall not be harvested until 1 year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the permitting authority. Restriction for the grazing of animals: 1. Animals shall not be grazed on land until 30 days after application of biosolids to the land. Restrictions for public contact: 1. Access to land with a high potential for public exposure, such as a park or ballfield, is restricted for 1 year after biosolids application. Examples of restricted access include posting with no trespassing signs, and fencing. 2. Access to land with a low potential for public exposure (e.g., private farmland) is restricted for 30 days after biosolids application. An example of restricted access is remoteness. *Examples of crops impacted by Class "B" ·. pathogen requirements are listed in Figure 2-5. ····:····:···· Figure 2-5 Examples of Crops Impacted by Site Restrictions for Class B Biosolids Harvested Parts That: Usually Do Not Touch the Usually Touch the Are Grown Below the Soils/Biosolids Mixture Soils/Biosolids Mixture Soils/Biosolids Mixture (30 Day Restriction) (I 4 month restriction) (20-38 month restriction) Peaches Melons Potatoes Apples Strawberries Yams Sweet potatoes Oranges Eggplant Grapefruit Squash Rutabaga Peanuts Com Tomatoes Onions Wheat Oats Cucumbers Barley Celery Leeks Radishes Cotton Cabbage Turnips Soybeans Lettuce Beets ... ,, -.. ·-. . -. . . . . . Frequently Asked Questions and Information About Biosolids For More Information If you have questions or concerns, or just want to provide comments, please contact us directly. Littleton/Englewood Wastewater Treatment Plant Phone: 303.762 .2600 Emergencies: 303.435.4763 Office hours: 7:30 a .m. to 4:30 p.m . M-F Or visit us on the web : www.lewwtp.org • • • • • • STATE OF COLORADO BOARD OF LAND COMMISSIONERS AGENDA: April 4, 2013 X ACTION _INFORMATION _OLD BUSINESS _TABLED FROM: TOPIC: ................................................ Dry Cropland Rates COUNTY: ............................................. Statewide PROJECT MANAGER: ........................... Matt Pollart SUMMARY STATEMENT: State Land Board dry cropland rental rates are currently determined using a formula approved by the Board in 2004. The 2004 formula provided no mechanism for lease rates to keep pace with private lease rates or adjust for commodity prices. Staff recommends that the formula be linked to commodity prices and set State Land Board lease rates similar to comparable private dry cropland rates. BACKGROUND INFORMATION/REMARKS: The State Land Board manages 85,750 acres of dry cropland through 268 individual leases. These lands generate apprQximately $L5 million in annual revenue; There are233 leases set at our"standard rate'' for dry cropland. These leases average $14.13 per acre. There are 35 leases that have higher rates as a result of competitive bidding processes. These leases have an average lease rate of $32.20 per acre. The average rental rate for all dry cropland leases in 2011 was $17.08 per acre . The State Land Board's standard dry cropland formula "converts" crop share agreements to a cash rent. Traditionally, rental agreements on privately-owned farmland are based on crop share agreements. In a crop share agreement, the landowner receives a share of the proceeds of the crop as rent, sharing risk and reward. The prevailing private practice for many years was to split the crop at 2/3 to the tenant and 1/3 to the landowner with the tenant bearing all production costs. More recently, as production costs have risen, private agreements have tended to require the landowner to contribute to 1/3 of the fertilizer and chemical costs as well. This led to some crop share agreements to split at 3/4 tenant and 114 landlord where tenant again bears all cost of production costs. The State Land Board's standard dry cropland formula converts crop share lease rates to cash rent as follows: Price of wheat($ 3.92 per bushel} x Yield (bushels per acre) = gross revenue per acre x 25% =landowner share x 50% =based on the assumption that the land will remain fallow every other year = State Land Board rent per acre -1 - When applied appropriately, this formula accurately captures the revenue potential of the individual parcel of cropland. The following example applies the formula to a parcel of land in Weld County. $3.92 per bu. (price) x 26.45 bu. (Weld County avg. yield) = $103.68 per acre (gross revenue) x 25% (crop share to SLB) = $25.92 per acre x 50% (assumes the land will remain fallow every other year) = $12.96 per acre Crop Rotation Some producers only fallow dry cropland one out of three years instead of the more traditional practice of fallowing the land every other year. If this were the prevailing practice on state trust land, the Board could justify a 66% adjustment as opposed to the proposed 50% adjustment. Staff consulted with CSU experts who estimated that as much 1/3 of dry cropland in the state is farmed under this system. However, the District Managers reported that a 3-year rotation is not the prevailing practice on state trust lands. Based on these findings, staff recommends that the dry cropland lease calculation continue to be based on the assumption that the land will remain fallow every other year. Staff will continue to monitor the use of a three year rotation and inform the Board if the formula should be adjusted \n the future. Wheat Prices • When the Board approved the dry cropland rates in 2004, they adopted a fixed value for the price of wheat • ($3.92 per bushel), rather than a variable price. At the time, $3.92 per bushel was the "price guarantee" for the federal farm program. This meant that, even if the market price were lower, producers would receive $3.92 per bushel for their crop. However, the policy did not consider the prospect that the price of wheat would exceed that figure. As shown in the table below, the average price of wheat exceeded the $3.92 per bushel value every year YEAR 2012 2011 2010 2009 2008 2007 2006 2005 2004 Average price of Wheat (as reported by NASS)( CO) $7.19 /bushel. $6.60/bushel $5.54/bushel $4.57 /bushel $6.62/bushel $6.01/bushel $4.54/bushel $3.43/bushel $3 .25/bushel since 2004 and is at $7 .19 per bushel. This fact led staff to recommend an update to the dry cropland policy. In January 2012, staff convened an industry panel to solicit input and discuss possible changes to dry cropland rates. The panel included representatives from the Colorado Wheat Growers Association, CSU Extension staff, Colorado Farm Bureau, USDA Statistics Service, an Agricultural lender, and SLB lessees. The general consensus of the group was that State Land Board rates were low. The group recommended that the current formula be retained using a 10-year Olympic average for the price of wheat (10-year average, dropping the highest and lowest year). This serves to stabilize rents from year to year and account for volatility in the market due to drought, etc. The group also recommended using . the actual farm yield when possible rather than county averages. This would allow the State Land Board to capture additional revenue from trust land that is of higher quality and has proven yields in excess of the • county average. -2- • • • Based on the panel's recommendation, the 10-year Olympic average price of wheat would be $5.08 per bushel or a 35% increase in the State Land Board's dry cropland lease rates. Staff also considered the use of a 5-year standard average price of wheat because this would capture most recent wheat price trends and yet still smooth out year-to-year price volatility. The 5-year average would by $6.10 per bushel or a 68% increase. Despite the larger increase, staff believes the 5-year average price is the most fair to both the producer and the State Land Board. National Agriculture Statistics Service Survey The USDA's National Agriculture Statistics Service (NASS) conducts an annual survey of private lease rates on dry cropland for the Farm Service Agency (FSA). These survey results are used to calculate rental rates that FSA pays farmers to enroll their land in the Conservation Reserve Program (CRP). The table below illustrates how the proposed State Land Board rates compare with the NASS survey on an individual county basis. The average rate found by the NASS survey, while slightly higher, is within 6 % of the average rate achieved by the proposed formula. Baca Bent Che enne Dou las El Paso Elbert Kiowa Kit Carson Larimer Lincoln Lo an Moffat Prowers Routt Sed on Yuma Average Rate ( er acre) Proposed State Land Board Dry Cropland Rate Compared to 2012 NASS Rental Rate Survey 25.80 $12.26 $20.26 65.25% 25 .05 $10.85 $21.30 96.31% 25.75 $11.37 $20.22 77 .84% 26.85 $11.74 $21.08 79.56% 28.45 $14.04 $22.34 59 .12% 22.90 $11.06 $17.98 62.57% 27 .05 $13.16 $21 .24 61.4% 29.45 $12.10 $23.12 91.07% 28 .00 $14 .04 $21 .98 56.55% 27.30 $14.75 $21.44 45.36% 32.45 $14.19 $25.48 79.56% 30 .25 $13.67 $23.75 73.74% 22.75 $11.39 $17 .86 56.8% 30.40 $14.41 $23.87 65.65% 34 .60 $15 .66 $27 .17 73 .50% 26.55 $12 .60 $20.85 65.48% 25 .20 $12.30 $19.79 60 .89% 34 .95 $15.75 $27.44 74.22% 28.10 $13.67 $22 .06 61.38% 26.50 $12.96 $20 .81 60 .57% 32 .65 $16.00 $25 .64 60 .25% NA $13.26 $22.18 NA -3 - $22.50 $25 .00 $26.50 $17.50 $14.00 $17.50 $17.50 $21.00 $34 .00 $24.50 $22.00 $20.00 $20.50 $22.50 $37.00 $28 .00 $15.50 $29.00 $23.00 $26.50 $35.50 $23.52 CSU Extension Survey The CSU Extension publishes an annual report titled "Custom Rates on Colorado Farms and Ranches"( attached). This publication includes a report on cash rental rates for dry cropland. While this • survey does not have the same level of detail as the NASS report, it appears to support the proposed State Land Board dry cropland rate structure. RECOMMENDATION: Staff recommends the Board adopt the following changes to the existing formula for setting dry crop land lease rates on state trust land: 1. Utilize actual farm yields (rather than county averages) when available from the lessee's crop insurance carrier. 2. Utilize the National Agricultural Statistics Service 5-year average wheat price. 3. Rates would be adjusted annually on July 1st The resulting formula will be as follows: Price of wheat (5 year average as reported by NASS) x Yield for the farm (bushels per acre) = gross revenue per acre x 25% = landowner share x 50% = based on the assumption that the land will be fallowed every other year = State Land Board rent per acre Due to the fact that some lease rates will increase by as much as 96%, staff recommends the Board implement the initial increase over a two-year period. -4 - • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING FIVE (5) FARM LEASE RENEWAL AGREEMENTS FOR THE FARMS IN THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM. WHEREAS, the Cities of Littleton and Englewood jointly own properties near Byers, Colorado and Bennett, Colorado which are used for the Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Biosolids Management Program; and WHEREAS, this Program uses dryland farm property for long-term applications of domestic wastewater biosolids generated by the (LIE WWTP); and WHEREAS, the Bennett property is not currently being used for biosolids application, however, farming operations continue to keep the property productive; and WHEREAS, there are ongoing biosolids application on the Byers property covered by the three proposed leases; and WHEREAS , the Englewood City Council authorized four Farm Lease Agreements for a term of one year, renewable for five years for the Farms in the Littleton/Englewood Wastewater Treatment Plant Biosolids Management Program by the passage of Ordinance No. 14, Series of 2011; and WHEREAS, the passage of this proposed Ordinance authorizes five Farm Lease Agreements commencing on January 1, 2016 and are for a term of one (1) year, renewable for five years; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood hereby authorizes a "Farm Lease" between Progressive Farms and the cities of Littleton and Englewood commencing on January 1, 2016, for a term of one (1) year, renewable for five (5) years, ending on December 31, 2020; attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood hereby authorizes a "Farm Lease" between Craig Farms General Partnership and the cities of Littleton and Englewood commencing on January 1, 2016, for a term of one (1) year, renewable for five (5) years, ending on December 31, 2020; attached hereto as Exhibit B . 1 Section 3. The City Council of the City of Englewood hereby authorizes a "Farm Lease" between Kent Beichle and the cities of Littleton and Englewood commencing on January 1, 2016, for a term of one (1) year, renewable for five (5) years, ending on December 31, 2020; attached hereto as Exhibit C . Section 4. The City Council of the City of Englewood hereby authorizes a "Farm Lease" between Gary and Nancy Meier and Jason Meier and the cities of Littleton and Englewood commencing on January 1, 2016 , for a term of one (1) year, renewable for five (5) years, ending on December 31, 2020; attached hereto as Exhibit D . Section 5 . The City Council of the City of Englewood hereby authorizes a "Farm Lease" between Clint A. Burnet and the cities of Littleton and Englewood commencing on January 1, 2016, for a term of one (1) year, renewable for five ( 5) years, ending on December 31, 2020, attached hereto as Exhibit E. Section 6. The Mayor is hereby authorized to sign the five (5) Farm Lease Agreements for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 18th day of July, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of July, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of July, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July, 2016 . Loucrishia A. Ellis 2 • • • • • • FARM LEASE THIS LEASE is entered into between the Cities of Littleton and Englewood, (collectively referred to hereinafter as "Lessor''), and Progressive Farms, (referred to hereinafter as "Lessee"). On this date, Lessor has leased to the Lessee, the following described premises situated in the County of Arapahoe, State of Colorado, to wit: [See Exhibit A attached hereto and made a part hereof] Together with all buildings and improvements on the premises (hereinafter referred to as the "Leased Property") in accordance with the following terms: 1. This lease replaces and supersedes in its entirety, any prior lease agreement between the parties concerning the Leased Property. This lease shall be for the term of one (1) year, renewable annually for five (5) years commencing on January 1, 2016, and ending on December 31, 2020, at the rent of $12.00 (twelve dollars) per acre per year on farmable acres on the Leased Property, (4,993 acres) for a total annual lease payment of $59,916.00. 2. .The lease payment is to be made payable to the order of: Littleton/Englewood WWTP And delivered to: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 By December 31 (folloWing the harvest) of each year that this lease is in effect. 3. Lessee shall thoroughly plow, cultivate and farm in accordance with good farming practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual agreement of the parties, or otherwise unfarmable. Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property, including the Conservation Reserve Program. 4. Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved) and for no other purpose whatsoever, and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5. Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm. 6. Lessee shall not assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP. If the Lessee attempts to assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP, the Lessee shall forfeit all the rights under or by virtue of this lease. Littleton/Englewood WWTP Farm Lease-Progressive Farms 2016 Page 1of6 E x H I B I T A I . I . I I ·.·.' 7. Lessee shall protect the Leased Property, including buildings, gates, fences, shrubbery, and improvements thereon from all damages and shall keep the same in the same condition as they are now in, or may be at any time placed in by the Lessor, subject to normal wear and tear . Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove, or allow any other person to remove, from the Leased Property any of the buildings, gates, fences, shrubbery, and improvements of any kind. 8. Lessee shall not run furrows so as to cause ditches to wash the Leased Property, unless first having a written consent of the Lessor. Lessee shall clean out and maintain in good repair, during the operation of this Lease, all ditches belonging or appertaining to the Leased Property. 9. Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property, shall have all small grain harvested and threshed by October 1 of each year; and if not harvested and threshed as stated, the Lessor may proceed to do so after ten (10) days' notice to the Lessee, and take enough of the Lessee's grain to pay expense of such harvesting or threshing. 10. Lessee shall accept the fences upon said Leased Property as they now are now existing. .. . · ... - 11. Lessee shall, at the expiration of this Lease, or upon a breach by the Lessee of any of the .... _ .... __ ,.._+" i.--.o.t-,...-.-.f.n~ .... .aA , .. ,~f-hnnt h,....th,:."f"" 'l"lrt+i,,o n~ "''"'' ir~nri ,,,,~ .. n,9"'tl,.i C"IU.....,.a9"'tlriar +ha \JVV\.11..UU..l~ .1.1\.IJ.\JU.1 ""'VJ..ILUUJ.\i.IU.! YYJU..LVY"' .&....Uu.£""'.&. .l..&Vt..A.'-'"" V.&. U.U'} .l.'\.J..UU.' "tU..Lt. u.U.U. ~\.U.J.WJ..lU'-'4 L.l.J."' possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 12. All goods and chattels, or any other property used or kept on the Leased Property, shall be held for the rent or damages under this Lease, whether exempt from execution or not, meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods and chattels, crops and other property belonging to the Lessee. 13. Lessee shall cultivate around any structures or facilities on the Leased Property. 14. The Lessor reserves the right to cancel the lease during its term for any of the following reasons: (a) if the Lessee should take any action or fail to take any action that threatens the Lessor's interest in the Leased Property, including the violation of any environmental laws, rules, regulations or standards; (b) if the Lessee is not farming in a manner that constitutes good farming practices; ( c) if the Lessor determines that it will no longer utilize the Leased Property for the production of crops. 15. Lessor also reserves the right for itself, its agents and its designees, including other government officials, to enter and to have access, at all reasonable times during the term of this lease, to the Leased Property for the purpose of sampling, application, monitoring, testing, screening, mapping, plotting or doing any other procedure, task or function deemed necessary by Lessor, including, but not limited to, inspecting the Leased Property and to make such repairs, additions, or improvements as Lessor may deem necessary. Littleton/Englewood WWTP Farm Lease-Progressive Farms 2016 Page 2of6 • • • • • • 16. It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole discretion. Should Lessor elect to exercise its right of cancellation, it must do so in writing, on or before October 1 prior to the anniversary date hereof, in which event this lease shall be terminated effective on the anniversary date and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time of cancellation. 17. All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property, and if it becomes necessary for the Lessor to bring action at law to recover possession, damage or rent, the Lessee agrees to pay a reasonable attorney's fee therefore, and all costs attending the same. 18. Lessee shall indemnify, defend and hold harmless Lessor and its successors, assigns and representatives from and against any and all damages, claims, losses, costs, liabilities, and expenses of any kind whatsoever (including but not limited to reasonable attorney fees) which may be asserted against or suffered by Lessor or the Leased Property or any part thereof, as a result of, on account of or arising from (i) any breach of any covenant, representation; promise, warranty or agreement made by Lessee, or (ii) injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees, · or from ·tho. posse11sion,· use, occupancys nr maintenance of th~: Leased Property by r.~ssee, his agents, employees, or affiliates. 19. Lessor reserves the right to sell, contract to sell, or grant easements or rights-of-way over, through, under, or on, the Leased Property at any time during the term of this lease, subject to the rights and interests of the Lessee hereunder. 20. All notices, demands, or other documents required or desired to be given, made or sent to either Party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid, certified mail, return receipt requested, as follows: TO LESSOR: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 TO LESSEE: Progressive Farms, Clo Mark Linnebur 800 U.S. Highway 36 Byers, CO 80103 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be in effect as of the date first above written. (Signatures follow on separate pages) Littleton/Englewood WWTP Farm Lease -Progressive Fanns 2016 Page 3of6 LESSOR: • CITY OF ENGLEWOOD By: Joe Jefferson, Mayor Date: CITY OF LITTLETON By: Date: • • Littleton/Englewood WWTP Farm Lease-Progressive Farms 2016 Page 4of6 LESSEE: • PROGRESSIVE FARMS /JLL By: MmkUnnebur, Managing Partner Date: '. •} '•' • • Littleton/Englewood WWTP Farm Lease -Progressive Farms 2016 Page 5of6 Exhibit A Parcel I: The West one-half of Section 28, all of Section 29, the West one-half of Section 32, except that part of said Section 32 conveyed to Adams County by Instrument recorded in Book 244 at Page 586, West one-half of Section 33, all in Township 3 South Range 57 West of the 6th Principal Meridian, County of Adams, State of Colorado. Parcel II: The West one-half of Section 4, all of Section 5, Township 4 South, Range 57 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado. Parcel III: The South one-half of the Southeast quarter of Section 20; all of Section 21, except the North 40 feet; the North one-half of Section 28; all of Section 29, except the East 40 feet; all in Township 4 South, Range 57 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado~ · P~tc el IV: All of Section 18, except the East 40 feet; the North one-half of Section 19, except the East 40 feet; the North one-half, except the West 40 feet; t..h.e Southwest quarter, except the West 40 feet; the North one-haif of the Southeast quarter of Section 20; all in Township 4 South, Range • 57 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado. • • Littleton/Englewood WWTP Fann Lease-Progressive Fanns 2015 Exhibit A • • • FARM LEASE THIS LEASE is entered into hen.Veen the Cities of Littleton and Englewood, (collectively referred to hereinafter as "Lessor''), and Craig Farms General Partnership, (referred to hereinafter as "Lessee"). On this date, Lessor has leased to the Lessee, the following described premises situated in the County of Arapahoe, State of Colorado, to wit: The E~ of Section 32, Township 3 South, Range 57 West of the 6th P.M. consisting of approximately 320 acres, more or less, Together with all buildings and improvements on the premises (hereinafter referred to as the "Leased Property'') in accordance with the following terms: 1. This lease replaces and supersedes in its entirety, any prior lease agreement between the parties concerning the Leased Property. This lease shall be for the term of one (1) year, renewable annually for five (5) years commencing on January 1, 2016, and ending on December 31, 2020, at the rent of $12.00 (twelve dollars) per acre per year on farmable acres on the Leased Property, (320 acres) for a total annual lease payment of $3,840.00. 2. The li:ase payment is to be made payable to the order of: Littleton/Englewood WWTP And delivered to: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 By December 31 (following the harvest) of each year that this lease is in effect. 3. Lessee shall thoroughly plow, cultivate and farm in accordance with good farming practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual agreement of the parties, or otherwise unfarmable. Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property, including the Conservation Reserve Program. 4. Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved) and for no other purpose whatsoever, and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5. Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm. 6. Lessee shall not assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP. If the Lessee attempts to assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP, the Lessee shall forfeit all the rights under or by virtue of this lease. Littleton/Englewood WWTP Farm Lease-Craig Farms 2016 Page 1of5 I! x H I B I T B 7. Lessee shall protect the Leased Property, including buildings, gates, fences, shrubbery, and • improvements thereon from all damages and shall keep the same in the same condition as they are now in, or may be at any time placed in by the Lessor, subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove, or allow any other person to remove, from the Leased Property any of the buildings, gates, fences, shrubbery, and improvements of any kind. 8. Lessee shall not run furrows so as to cause ditches to wash the Leased Property, unless first having a written consent of the Lessor. Lessee shall clean out and maintain in good repair, during the operation of this Lease, all ditches belonging or appertaining to the Leased Property. 9. Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property, shall have all small grain harvested and threshed by October 1 of each year; and if not harvested and threshed as stated, the Lessor may proceed to do so after ten (10) days' notice to the Lessee, and take enough of the Lessee's grain to pay expense of such harvesting or threshing. 1 O. Lessee shall accept the fences upon said Leased Property as they now are now existing. 11. Lessee shall, at the. expiration of this Lease, or upon a breach by the Lessee of any-cffthe ----------L-L ---!-___ ... _!_ -.l ••.!•\.-••• .&;, .... \.~--~+:-~ ~~ n-•• 1r!-..J nu!f. n-..J nn-~..J-.. t.n ~l.IVClli:1llL:S 111::;na11 \,;Ul1Li:1ll1~u, vv1u1u1.n .LUJ.Ll1¥J. UUU¥¥ VJ. a.uy lU.liU' ':!.UH a.uu ()Ul.l\JUU~l LU~ possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 12. All goods and chattels, or any other property used or kept on the Leased Property, shall be held for the rent or damages under this Lease, whether exempt from execution or not, meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods and chattels, crops and other property belonging to the Lessee. 13. Lessee shall cultivate around any structures or facilities on the Leased Property. 14. The Lessor reserves the right to cancel the lease during its term for any of the following reasons: (a) ifthe Lessee should take any action or fail to take any action that threatens the Lessor's interest in the Leased Property, including the violation of any environmental laws, rules, regulations or standards; (b) if the Lessee is not fanning in a manner that constitutes good fanning practices; ( c) if the Lessor determines that it will no longer utilize the Leased Property for the production of crops. 15. Lessor also reserves the right for itself, its agents and its designees, including other government officials, to enter and to have access, at all reasonable times during the term of this lease, to the Leased Property for the purpose of sampling, application, monitoring, testing, screening, mapping, plotting or doing any other procedure, task or function deemed necessary by Lessor, including, but not limited to, inspecting the Leased Property and to make such repairs, additions, or improvements as Lessor may deem necessary. • 16. It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole • discretion. Should Lessor elect to exercise its right of cancellation, it must do so in writing, on or before October 1 prior to the anniversary date hereof, in which event this lease shall be terminated Littleton/Englewood WWTP Farm Lease -Craig Farms 2016 Page 2of5 effective on the anniversary date and neither party shall be entitled to further payments or damages • as the result of said tennination except for any payments due and owing at the time of cancellation. • • 17. All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property, and if it becomes necessary for the Lessor to bring action at law to recover possession, damage or rent, the Lessee agrees to pay a reasonable attorney's fee therefore, and all costs attending the same. 18. Lessee shall indemnify, defend and hold harmless Lessor and its successors, assigns and representatives from and against any and all damages, claims, losses, costs, liabilities, and expenses of any kind whatsoever (including but not limited to reasonable attorney fees) which may be asserted against or suffered by Lessor or the Leased Property or any part thereof, as a result of, on account of or arising from (i) any breach of any covenant, representation; promise, warranty or agreement made by Lessee, or (ii) injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees, or from the possession, use, occupancy, or maintenance of the Leased Property by Lessee, his agents, employees, or affiliates. 19. Lessor reserves the right to sell, contract to sell, or grant easements or rights-of-way over, through; tmtl~, or on, the Leased Property at any time du .. rir1g the tmm of this lease, subject to llie rights and interests of the Lessee hereunder. 20. All notices, demands, or other documents required or desired to be given, made or sent to either Party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid, certified mail, return receipt requested, as follows: TO LESSOR: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 TO LESSEE: Craig Farms General Partnership, Clo Jerry Craig 77201 U.S. Highway 36 Byers, CO 80103 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be effective as of the date first above written. (Signatures follow on separate pages) Littleton/Englewood WWTP Farm Lease -Craig Farms 2016 Page 3of5 LESSOR: • CITY OF ENGLEWOOD By: Joe Jefferson, Mayor Date: CITY OF LITTLETON By: Date: • • Littleton/Englewood WWTP Fann Lease -Craig Farms 2016 Page 4of5 LESSEE: • CRAIG FARMS GENERAL PARTNERSHIP Date: • • Littleton/Englewood WWTP Farm Lease -Craig Farms 2016 Page 5of5 FARM LEASE THIS LEASE is entered into between the Cities of Littleton and Englewood, (collectively referred to hereinafter as "Lessor"), and Kent Beichle, (referred to hereinafter as "Lessee"). On this date, Lessor has leased to the Lessee, the following described premises situated in the County of Arapahoe, State of Colorado, to wit: That tract ofland described as the W1h. and the W'l'l of the E'l'l of Section 25, all in Township 5 South; Range 63 West of the 6th P .M., containing 4 7 6 acres, more or less, Together with all buildings and improvements on the premises (hereinafter referred to as the "Leased Property'') in accordance with the following terms: 1. This lease replaces and . supersedes in its entirety, any prior lease agreement between the parties concerning the Leased Property. This lease shall be for the term of one (1) year, renewable annually for five (5) years commencing on January 1, 2016, and ending on December 31, 2020, at the rent of $12.00 (twelve dollars) per acre per year on farmable acres on the Leased Property, (476 acres) for a total annual lease payment of $5,712.00. 2. The lease payment is to be made payable to the order of: Littleton/Englewood WWTP And delivered to: Littleton/Englewood WWfP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 By December 31 (following the harvest) of each year that this lease is in effect. 3. Lessee shall thoroughly plow, cultivate and farm in accordance with good farming practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual agreement of the parties, or otherwise unfarmable. Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property, including the Conservation Reserve Program. 4. Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved) and for no other purpose whatsoever, and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5. Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm. 6. Lessee shall not assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP. If the Lessee attempts to assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP, the Lessee shall forfeit all the rights under or by virtue of this lease. Littleton/Englewood WWTP Farm Lease-Kent 'Beichle Farm 2016 Page 1 of 5 . ! ~ H l I . ' B " ' I T • • • ,• • i .. • • 7. Lessee shall protect the Leased Property, including buildings, gates, fences, shrubbery, and improvements thereon from all damages and shall keep the same in the same condition as they are now in, or may be at any time placed in by the Lessor, subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove, or allow any other person to remove, from the Leased Property any of the buildings, gates, fences, shrubbery, and improvements of any kind. 8. Lessee shall not run furrows so as to cause ditches to wash the Leased Property, unless first having a written consent of the Lessor. Lessee shall clean out and maintain in good repair, during the operation of this Lease, all ditches belonging or appertaining to the Leased Property. 9. Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property, shall have all small grain harvested and threshed by October 1 of each year; and if not harvested and threshed as stated, the Lessor may proceed to do so after ten (10) days' notice to the Lessee, and take enough of the Lessee's grain to pay expense of such harvesting or threshing. 1 O. Lessee shall accept the f etices upon said Leased Property as they now are now existing. 11. Lessee shall, at the expiration of this Lease, or upon a breach by the Lesse·e of any of the cuv~mmts herein c.oiitah1ed: without fi.:uJ1er notice of any kind, quit arid $utr~mli;:r thi;; possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 12. All goods and chattels, or any other property used or kept on the Leased Property, shall be held for the rent or damages under this Lease, whether exempt from execution or not, meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods and chattels, crops and other property belonging to the Lessee. 13. Lessee shall cultivate around any structures or facilities on the Leased Property. 14. The Lessor reserves the right to cancel the lease during its term for any of the following reasons: (a) if the Lessee should take any action or fail to take any action that threatens the Lessor's interest in the Leased Property, including the violation of any environmental laws, rules, regulations or standards; (b) if the Lessee is not farming in a manner that constitutes good farming practices; ( c) if the Lessor determines that it will no longer utilize the Leased Property for the production of crops. 15. Lessor also reserves the right for itself, its agents and its designees, including other government officials, to enter and to have access, at all reasonable times during the term of this lease, to the Leased Property for the purpose of sampling, application, monitoring, testing, screening, mapping, plotting or doing any other procedure, task or function deemed necessary by Lessor, including, but not limited to, inspecting the Leased Property and to make such repairs, additions, or improvements as Lessor may deem necessary . Littleton/Englewood WWTP Farm Lease -Kent Beichle Farm 2016 Page 2of5 16. It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole discretion. Should Lessor elect to exercise its right of cancellation, it must do so in writing, on or before October 1 prior to the anniversary date hereof, in which event this lease shall be terminated effective on the anniversary date and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time of cancellation. 17. All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property, and if it becomes necessary for the Lessor to bring action at law to recover possession, damage or rent, the Lessee agrees to pay a reasonable attorney's fee therefore, and all costs attending the same. 18. Lessee shall indemnify, defend and hold harmless Lessor and its successors, assigns and representatives from and against any and all damages, claims, losses, costs, liabilities, and expenses of any kind whatsoever (including but not limited to reasonable attorney fees) which may be asserted against or suffered by Lessor or the Leased Property or any part thereof, as a result of, on account of or arising from (i) any breach of any covenant, representation; promise, warranty or agreement made by Lessee, or (ii) injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees, -··· er fr~=--th~.possessio-n;use, occupancy, orn:aintc2e.nce of the Leased PropcrtybyLe:m~e; his agents, employees, or affiliates. 19. Lessor reserves the right to sell, contract to sell, or grant easements or rights-of-way over, through, under, or on, the Leased Property at any time during the term of this lease, subject to the rights and interests of the Lessee hereunder. 20. All notices, demands, or other documents required or desired to be given, made or sent to either Party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid, certified mail, return receipt requested, as follows: TO LESSOR: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 TO LESSEE: Kent Beichle 7475 South County Road 145 Bennett, CO 8010 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be effective as of the date first above written. (Signatures follow on separate pages) Littleton/Englewood WWTP Farm Lease-Kent Beichle Fann 2016 Page 3of5 • • • • LESSOR: CITY OF ENGLEWOOD By: Joe Jefferson, Mayor Date: CITY OF LITTLETON By: ------------------Date: • • Littleton/Englewood WWTP Farm Lease-Kent Beichle Farm 2016 Page 4of5 LESSEE: ,YJ~ • By: Kent Beichle .2f Ji L(6 Date: • • Littleton/Englewood WWTP Fann Lease-Kent Beichle Fann 2016 Page 5of5 • •• :.,l .FARMLEASE . . . . . . . THIS LEASE is entered into between the c:;ities of Littleton and Engl~wood, (collectively referred to hereinafter as ''Lessor''), arid Gary an'dNancy Meie~ and Jason Meier, (referred to hereinafter as "Lessee"). On this date, Lessor has. leased to the Lessee, the folloWing · described premises situated in tlie County of Arapah,oe,· State of C9lora~o, to wit: · .. [See ;Exhibit A attached hereto and made 'a part hereof] . ·,. ·.·· . ' .. . . · ... Together with all buildings arid .improvements .on the premises (hereinafter referred to as the . "Leased Property'') in accordance with the following terms: · · · · · · 1. This lease replaces and supersedes in its entirety, any prior lease agreement between the parties concernip.g the Leased Property: This lease ·shall ~e for the term of one (1) ye~, renewable annually for five (5) years commencing on January 1, 2016, and ending on December 31, 2020: · · • At the rent ofSi2.oo (twelve dollars) per acre per year on farmable acres on the Leased Property, (792.6 adres) for $9511.20 , · a At the rent of $8.00 (eight dollars) per acre on grazing acres on the Leased Property (478 acres) for $3,824.00 • For a total annual lease payment of $13,335.20. • 2. The lease payment is to be made payable to the order of: Littleton/Englewood WWTP • And delivered to: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 By December 31 (following the harvest) of each year that this lease is in effect. 3. Lessee shall thoroughly plow, cultivate and farm in accordance with good farming practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual agreement of the parties1 oi: otherwise unfarmable. Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property, including the Conservation Reserve Program. · 4 . Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved) and for no other purpose whatsoever, and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5. Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm . Littleton/Englewood WWTP Fann Lease -Meier Farm 2016 Page 1of5 E ' x H I B I T D 6. Lessee shall not assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP. If the Lessee attempts to assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP, the Lessee shall forfeit all the rights under or by virtue of this lease. 7. Lessee shall protect the Leased Property, including buildings, gates, fences, shrubbery, and improvements thereon from all damages and shall keep the same in the same condition as they are now in, or may be at any time placed in by the Lessor, subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove, or allow any other person to remove, from the Leased Property any of the buildings, gates, fences, shrubbery, and improvements of any kind. 8. Lessee shall not run furrows so as to cause ditches to wash the Leased Property, unless first having a written consent of the Lessor. Lessee shall clean out and maintain in good repair, during the operation of this Lease, all ditches belonging or appertaining to the Leased Property. 9. Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property, shall have all small grain harvested and threshed by October 1 of each year; and if not hri-;.""•"'-StcG. and threshed as stated, the.Lessor may proceed to <lo so. aftf!rten (JO) day.CJ'_ notice to _ the Lessee, and take enough of the Lessee's grain to pay expense of such harvesting or 10. Lessee shall accept the fences upon said Leased Property as they now are now existing. 11. Lessee shall, at the expiration of this Lease, or upon a breach by the Lessee of any of the covenants herein contained, without further notice of any kind, quit and surrender the possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 12. All goods and chattels, or any other property used or kept on the Leased Property, shall be held for the rent or damages under this Lease, whether exempt from execution or not, meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods and chattels, crops and other property belonging to the Lessee. 13. Lessee shall cultivate around any structures or facilities on the Leased Property. 14. The Lessor reserves the right to cancel the lease during its term for any of the following reasons: (a) if the Lessee should take any action or fail to take any action that threatens the Lessor's interest in the Leased Property, including the violation of any environmental laws, rules, regulations or standards; (b) if the Lessee is not farming in a manner that constitutes good farming practices; (c) if the Lessor determines that it will no longer utilize the Leased Property for the production of crops. • • 15. Lessor also reserves the right for itself, its agents and its designees, including other government officials, to enter and to have access, at all reasonable times during the term of this lease, to the Leased Property for the purpose of sampling, application, monitoring, testing, • screening, mapping, plotting or doing any other procedure, task or function deemed necessary by Lessor, including, but not limited to, inspecting the Leased Property and to make such Littleton/Englewood WWTP Fann Lease-Meier Farm 2016 Page 2 of 5 • • repairs, additions, or improvements as Lessor may deem necessary . 16. It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole discretion. Should Lessor elect to exercise its right of cancellation, it must do so in writing, on or before October 1 prior to the anniversary date hereof, in which event this lease shall be terminated effective on the anniversary date and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time of cancellation. 17. All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property, and if it becomes necessary for the Lessor to bring action at law to recover possession, damage or rent, the Lessee agrees to pay a reasonable attorney's fee therefore, and all costs attending the same. 18. Lessee shall indemnify, defend and hold harmless Lessor and its successors, assigns and representatives from and against any and all damages, claims, losses, costs, liabilities, and ex;:·e~~er..o f .any kind whatsoever (including l:mt not liirJted to rca...~nable attorney fees) which may be asserted against or suffered by Lessor or the Leased Property or any part thereof, as a result of, on account of or arising from (i) any breach of any covenant, representation; promise, warranty or agreement made by Lessee, or (ii) injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees, or from the possession, use, occupancy, or maintenance of the Leased Property by Lessee, his agents, employees, or affiliates. 19. Lessor reserves the right to sell, contract to sell, or grant easements or rights-of-way over, through, under, or on, the Leased Property at any time during the term of this lease, subject to the rights and interests of the Lessee hereunder. 20. All notices, demands, or other documents required or desired to be given, made or sent to either Party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid, certified mail, return receipt requested, as follows: TO LESSOR: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 TO LESSEES: Gary and Nancy Meier 3265 SCR 185 Byers, CO 80103 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. • This lease shall be in effect as of the date first above written. Littleton/Englewood WWTP Fann Lease -Meier Farm 2016 Page 3of5 (Signatures follow on separate pages) • • • Littleton/Englewood WWTP Fann Lease -Meier Fann 2016 Page 4of5 • LESSOR: CITY OF ENGLEWOOD By: Joe Jefferson, Mayor Date: CITY OF LITTLETON By: Date: • • Littleton/Englewood WWTP Farm Lease-Meier Farm 2016 Page 5of5 LESSEES: • Date: • • Littleton/Englewood wwrP Fann Lease -Meier Fann 2016 Page 6of5 ' ' . • • • Exhibit A LEGAL DESCRIPTION Parcel I: The East Y2 of Section 33, Township 3 South, Range 57 West of the 6th P.M., County of Adams, State of Colorado. Parcel II: The West Y2 of Section 8, Township 4 South, Range 57 West of the 6th P .M., EXCEPT the West 40 feet for county road purposes as described in Quit Claim Deed recorded September 8, 1948, in Book 618, at Page 121, County of Arapahoe, State of Colorado. Parcel III: Section 17, Township 4 South, Range 57 West of the 6th P .M., EXCEPT the West 40 feet and the South 40 feet thereof as described in Quit Claim Deed recorded September 8, 1948, in Book 618, Page 128, County of Arapahoe, State of Colorado . Littleton/Englewood WWfP Fann Lease-Meier Fann 2015 Exhibit A FARM LEASE THIS LEASE is entered into between the Cities of Littleton and Englewood, (collectively referred to hereinafter as "Lessor"), and Clint A. Burnet, (referred to hereinafter as "Lessee"). On this date, Lessor has leased to the Lessee, the following described premises situated in the County of Arapahoe, State of Colorado, to wit: That tract ofland described as the S'l'l of Section 23, except the W 40 feet deeded in Book 636 at Page 9, and the SW~ of Section 24, all in Township 5 South; Range 63 West of the 6th P.M., containing 4 71 acres, more or less, Together with all buildings and improvements on the premises (hereinafter referred to as the "Leased Property'') in accordance with the following terms: 1. This lease replaces and supersedes in its entirety, any prior lease agreement between the parties concerning the Leased Property. This lease shall be for the term of one (1) year, renewable annually for five (5) years commencing on January 1, 2016, and ending on December 31, 2020, at the rent of $12.00 (twelve dollars) per acre per year on farmable acres on the Leased Property, (471 acres) for a total annual lease payment of$5,652.00. 2. The lease payment is to be made payable to the order of: Littleton/Englewood WWTP And delivered to: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 By December 31 (following the harvest) of each year that this lease is in effect. 3. Lessee shall thoroughly plow, cultivate and farm in accordance with good farming practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual agreement of the parties, or otherwise unfarmable. Lessee shall comply with the terms and conditions of all government agricultural programs applicable to the Leased Property, including the Conservation Reserve Program. 4. Lessee shall use the Leased Property as a dryland farm or for livestock grazing (as approved) and for no other purpose whatsoever, and especially will not let or permit the Leased Property to be used for any other business or purpose whatsoever. 5. Lessee shall be responsible for all costs and expenses associated with use of the Leased Property as a dryland farm. 6. Lessee shall not assign this lease, sublet, or relinquish the Leased Property without the express written consent of the Supervisory Committee of the Littleton/Englewood WWTP. If the Lessee attempts to assign this lease, sublet, or relinquish the Leased Property without the Littleton/Englewood WWfP Farm Lease-Clint Burnet Farm 2016 Page 1of5 . j E : ~ I a I T • • • • • express written consent of the Supervisory Committee of the Littleton/Englewood WWTP, the Lessee shall forfeit all the rights under or by virtue of this lease. 7. Lessee shall protect the Leased Property, including buildings, gates, fences, shrubbery, and improvements thereon from all damages and shall keep the same in the same condition as they are now in, or may be at any time placed in by the Lessor, subject to normal wear and tear. Lessee shall do no act whereby any insurance on buildings may be invalidated and shall not remove, or allow any other person to remove, from the Leased Property any of the buildings, gates, fences, shrubbery, and improvements of any kind. 8. Lessee shall not run furrows so as to cause ditches to wash the Leased Property, unless first having a written consent of the Lessor. Lessee shall clean out and maintain in good repair, during the operation of this Lease, all ditches belonging or appertaining to the Leased Property. 9. Lessee shall well and seasonably put in and tend to the crops grown on the Leased Property, shall have all small grain harvested and threshed by October 1 of each year; and if not harvested and threshed as stated, the Lessor may proceed to do so after ten (10) days' notice to the Lessee, and take enough of the Lessee's grain to pay expense of such harvesting or threshing. 10. -.. .,... • '" ,. .. ~ t T _ . 1 "'"' • ,1 • , • Lessee sna!! accepr me rences upun sa1u Lt:a. ... 1::1,1 ;ri1pi;:ny as mc:y now are now ex1srmg . 11. Lessee shall, at the expiration of this Lease, or upon a breach by the Lessee of any of the covenants herein contained, without further notice of a.11y kind, quit a.11d surrender the possession and occupancy of Leased Property in as good condition as careful use and natural wear and tear thereof will permit. 12. All goods and chattels, or any other property used or kept on the Leased Property, shall be held for the rent or damages under this Lease, whether exempt from execution or not, meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods and chattels, crops and other property belonging to the Lessee. 13. Lessee shall cultivate around any structures or facilities on the Leased Property. 14. The Lessor reserves the right to cancel the lease during its term for any of the following reasons: (a) ifthe Lessee should take any action or fail to take any action that threatens the Lessor's interest in the Leased Property, including the violation of any environmental laws, rules, regulations or standards; (b) if the Lessee is not farming in a manner that constitutes good farming practices; ( c) if the Lessor determines that it will no longer utilize the Leased Property for the production of crops. 15. Lessor also reserves the right for itself, its agents and its designees, including other government officials, to enter and to have access, at all reasonable times during the term of this lease, to the Leased Property for the purpose of sampling, application, monitoring, testing, screening, mapping, plotting or doing any other procedure, task or function deemed necessary by Lessor, including, but not limited to, inspecting the Leased Property and to make such repairs, additions, or improvements as Lessor may deem necessary. Littleton/Englewood WWfP Farm Lease -Clint Burnet Farm 2016 Page 2 of 5 16. It is understood and agreed that the Lessor reserves the right to cancel this lease at its sole discretion. Should Lessor elect to exercise its right of cancellation, it must do so in writing, on or before October 1 prior to the anniversary date hereof, in which event this lease shall be terminated effective on the anniversary date and neither party shall be entitled to further payments or damages as the result of said termination except for any payments due and owing at the time . of cancellation. 17 . All payments from the Lessee shall become due and payable upon forfeiture of said Lease, or upon abandoning said Leased Property, and if it becomes necessary for the Lessor to bring action at law to recover possession, damage or rent, the Lessee agrees to pay a reasonable attorney's fee therefore, and all costs attending the same. 18. Lessee shall indemnify, defend and hold harmless Lessor and its successors, assigns and . . representatives from and against any and all damages, claims, losses, costs, liabilities, and expenses of any kind whatsoever (including but not limited to reasonable attorney fees) which may be asserted against or suffered by Lessor or the Leased Property or any part thereof, as a result of, on account of or arising from (i) any breach of any covenant, representation; promise, warranty or agreement made by Lessee, or (ii) injuries or damages to person or property resulting or alleged to result from any fault or negligence of Lessee or his agents or employees, o: frc :n ;th;:; p m:SC$S io n, u se, a~cup an cy; cnnaintenan ce of the Leased f ro p erty by Lessee; his · · · agents, employees, or affiliates. 19. Lessor reserves the right to sell, contract to seli, or grant easements or rights-of-way over, through, under, or on, the Leased Property at any time during the term of this lease, subject to the rights and interests of the Lessee hereunder. 20. All notices, demands, or other documents required or desired to be given, made or sent to either Party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed postage prepaid, certified mail, return receipt requested, as follows: TO LESSOR: Littleton/Englewood WWTP Clo Treatment Division Manager 2900 South Platte River Drive Englewood, CO 80110 TO LESSEE: Clint A. Burnet 50555 East County Road 30 Bennett, CO 80102 The addresses for notices may be changed by written notice given to the other Party in the manner provided above. This lease shall be effective as of the date first above written. (Signatures follow on separate pages) Littleton/Englewood WWTP Farm Lease -Clint Burnet Farm 2016 Page 3of5 • • • • LESSOR: CITY OF ENGLEWOOD By: Joe Jefferson, Mayor Date: Cl1Y OF LITTLETON By: Date: • • Littleton/Englewood WWTP Fann Lease -Clint Burnet Fann 2016 Page 4of5 LESSEE: • Date: • • Littleton/Englewood WWTP Farm Lease-Clint Burnet Farm 2016 Page 5of5 ,. • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Approval of Retail 11aii Marijuana TABOR ballot July 18, 2016 language Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of Administrative Services Finance and Administrative Services PREVIOUS COUNCIL ACTION Council agreed at the June 6, 2016, Study Session to include a Tabor question to tax Recreational Marijuana sales, should the industry intiative pass, in the November 2016 elections. At the June 20, 2016, Study Session, Council directed staff to adjust the language to clarify the subject. At the July 5th Council Study Session, the proposed wording was discussed and approved by City Council, which then directed staff to bring the proposed bill for an ordinance forward for first reading at the July 18, 2016, Council meeting. • RECOMMENDED ACTION • Staff recommends Council approve a bill for an ordinance, approving the ballot language to be included in the November 2016 elections. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Pursuant to Article X, § 20 of the Colorado Constitution ("TABOR"), the voters must approve any additional taxation. To be able to collect sales tax on the sale of Recreational Marijuana, should the initiative pass in the November 2016 election, a ballot issue must be approved by the voters for the specific tax. Council has had lengthy discussions on the Recreational Marijuana issue and agreed that a ballot issue regarding the taxing of recreational marijuana should be placed on the November 2016 ballot. Council also directed staff to provide clarification in the ballot language adding: • "FOR THE RETAIL SALE OF MARIJUANA" after the initial introduction of the sales tax proposal. • A 'whereas' clause to further enunciate that the tax upon retail marijuana sales will only go into effect if an initiative is passed by the voters that allows for such sales . FINANCIAL IMPACT Taxation of Recreational Marijuana sales will provide additional Sales & Use tax for the City . Estimation of revenue is $512,500 based on sampling sales in the neighboring cities of Wheatridge, Northglenn and Littleton. The estimate was calculated based on an average sale of approximately $171,000 per store and an assumption of three stores in Englewood. LIST OF A TI ACHMENTS Proposed Bill for an Ordinance • • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION NOVEMBER 8, 2016 A BALLOT QUESTION AUTHORIZING THE CITY OF ENGLEWOOD SALES TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARinJANA AND RETAIL MARimANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENT AL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15% AND WITH THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW. WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question issue regarding increasing City taxes by imposing an additional Sales Tax on the sale of Retail Marijuana and Retail Marijuana Products, with the tax revenues used to fund any lawful governmental purpose determined by the City Council, with the rate of the tax being allowed to be increased or decreased without further voter approval so long as the rate of taxation does not exceed 15%, and with the resulting tax revenue being allowed to be collected and spent notwithstanding any limitations provided by law; and WHEREAS, Article X, Section 20 of the Colorado Constitution, commonly known as TABOR, requires that the City have voter approval prior to issuance of any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election November 8, 2016, the following ballot question authorizing the City of Englewood Sales Taxes be increased by imposing an additional Sales Tax of 3.5% on the sale of Retail Marijuana and Retail Marijuana products, with the tax revenues being used to fund any lawful governmental purpose determined by the City Council to read as follows: 1 Question No. SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THERE AFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENT AL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15%, AND THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BYLAW? Yes No ------ Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. For purposes of Section 1-11-203.5, C.R.S ., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 5. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 18th day of July, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of July, 2016. 2 • • • ·' • • • Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of July, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of July 2016. Loucrishia A. Ellis 3 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Approval of 11ci Investment Advisory July 18, 2016 Agreement Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of Administrative Services Finance and Administrative Services PREVIOUS COUNCIL ACTION In 1991 the City entered into a professional services agreement with American Money Management Associates, Inc. (AMMA) for investment management services. In 1996 AMMA merged with MBIA Asset Management. In 2010 Cutwater Asset Management assumed the investment management services formerly offered by MBIA Asset Management. RECOMMENDED ACTION Staff recommends Council approve a new Agreement for Investment Advisory services to include Investment and reinvestment of the City's assets within the City's guidelines . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2016 the City issued a request for proposal for investment advisory services. Four firms were identified as finalists and the City has selected Insight Investment, a subsidiary of Bank of New York, Mellon to provide investment management services for the City's investment portfolio . FINANCIAL IMPACT The fees for the investment advisory services are based on the average market value of the City's investment portfolio. The City's investment portfolio is approximately $53,000,000. At the current market value, the yearly fees are approximately $45,000. LIST OF ATTACHMENTS Investment Advisory Agreement for approval RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION APPROVING AMENDING THE CITY OF ENGLEWOOD INVESTMENT POLICY. WHEREAS, the Englewood City Council approved Resolution No . 79, Series of 2006, accepting changes and updates to the City's Investment Policy; and WHEREAS, the Englewood City Council approved Resolution No . 84, Series of 2011, accepting changes and updates to the City of Englewood's Investment Policy; and WHEREAS, the passage of this proposed Resolution amends the existing Investment Policy with changes and updates; and WHEREAS, the Investment Policy is applicable to the investment of all funds not immediately needed for the operating expenditures/expenses of the City, except for the Firefighters Pension Fund, the Volunteer Firefighters Fund, the Police Officers Pension Fund and the Non-Emergency Employees Pension Fund; and WHEREAS, the Investment Policy focuses on four main tenents: • i'! eservarion of C apital • Liquidity to Meet Disbursement Needs • Diversification to Reduce Risk • Obtain a Market Rate of Return; and WHEREAS, the changes involve clarifying language, restricting over-investing in one issuer, adding additional investment opportunities, and requiring broker/dealers provide financial information. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby approves amending the City of Englewood Investment Policy, attached hereto as Exhibit A. ADOPTED AND APPROVED this 18th of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2016. Loucrishia A. Ellis , City Clerk • • • • • • Insight lnve$tine:nt lNV.E STMENT APVISO:Eil A:.GREE.M.RNT This Agreement;. dated a.s of the:~ da,y of . ,_ .. , 2016 {'1Agteement:')1 .is entered mm by ·and between Ctitwater Investor Services: Corp. '(q/b/a . ·Ihslg)it Investment) ("Advl.ser'1 ~nd .City EngI#WOod C'CHentf'J. -the-paities hereto agree as followsi t.AtcquntAssets 4Uent ftt:r~.by ~ppqirtts' ,AqviSet ·a:s. its investrnenti;d:visE!r tq: tfltect; ii1 its :;Ole clfs<)tetio'l:l an(:!' witijo~tpriot' co~ulta.tio.tt or '<1pprovi11 bf Client .tJie i11vestmi;?rrt .<llld.rein:Ves®en.t .of tlJ-e ijssets h:rqle.nt's:'.atcount (the "Mcoun~') on the fo·Uowing terms · and GCmditjph$. C.lient niay, upon Written notice to Adviser, addJto or re.rno.foass:ets fr.om theAccaunt AdviS_etis.u,ndet no o:bligation tO'holdany cpntributed a"sse.ts andis at;tthot!jz~d tg engage m·r;in orderly liqtiidati'OP of such asset$. as promptly as practicable ,to establlshClient1s ihve~ttn~.nt port( pUo. Anrand all assets (inc;ludin,g1_ W.ithout Umfration(debt or e.quity;.se.curlttes,. other fin~naial in .st:r.umelrt$ ·;:md cash} from .time to time in,,oridenfffied:for; the, Account shalLhereafter be ref.erred to as the ''.Acc~untAss.ets". · 2.•lnvestm.ent··Seryices WithoutGJienes prit;>r cons.ent tQ each transactiop ·art~ s.ti,hjectt(l tM lrw-estme11.t Gujdelhtes{!fefined .beloW), Adviser :shallhave full distteftortacy authorify as a.geJ]t'and ·attorMy'"'in~.tiic~,,With full power ofatib$tit\ftio11 andJUil alithot!ty :in C:lient's naqie, with tespect to the Accounnp-'(a),buy) s~ll,holcl,, ex<:ha:nge, convert, i;idyise on, or:otherwise dealltHipy man)ier irfany Account.ASset$ ~s permttter:l under tMJnvestment.,Ouidelines; ClJ) place orders fpt me· e.xecuti,on· ofsuch Acc;o:nrttAssets 'at)q othertransac.tionswi.th or thfoilgh .sqch. brokers, dealers; 'tounterparties, ·isstt.ets, agents or arta,ngers (IS Adviser m~y seleG°~; ( c) · negptiate1 ~ecute and .amenc:l (a:s .q.ppli<;able), .on peh:alf oftne Client, sµch broker~ge, and ol;her agreentents and documents as Adviser deems -{lecessacy ot app:ropriate in connecti-On wit!i tbeAccount'.s . bwestmentactivities. or.the perfo:rmance of the:Adviser's dUti.es h!':.r.eunder. · The Client agrees that the Adviser assumes no responsibility or liability, for any Client investtnents for which the~Adviser has not been appointed as investment adviser.. The Client understands·thatihis Agreement do .es not require or obligate .the Advisertoprovide legalor tax adVice services to the Clientand th~t the .Advis .er is notproVidingsuch :serv'ices to the Client 3. Investment Guidelines. The AdViser ;;igtees to _superVise and direct the iqvestrnen~ ofthe:fl,cco\lnt with rega:rd to .the written investment ·objectives and policies <ind in accordance with resttict~on* applicable to the Account ("lnvestme:nt Gµidelines'.'JattaChed hereto as Exhibit A, which n1ay oe amenciectJn wMtingfrom time to time -upon the: mutual agreement of the 'parti,es. Client, alscJ ·shall ptovide.A(:lviser with any atiditional lnfon:nation that Ac;lvise1; miiyreasonably request to assist it in rnanagingthe .Account Unless .:otherwise:indicated in:the · Investment Gu,idelJnesthere are no restrictions on (i) the· types .or catego~ies :ofinvestme.nts in which the . Advise.r may invest on behalfof the Client, (ii) the ·markets on which'transactionsmay be carried out or (Hi) the amountor proportion of the Account that may be invested in-any category ofinvestment or in any one investm.ent. Client is solely responsibie for ensurihg that the lnvesttnent ,Guidelirtes cornplywith thelaws, rules; regulations, and the policies and proceduresthatare applicable totheAcco\l·llt. · . T}:ie Glien:tacknowledges that co:rnplia:nce with the Ii:tvestmentGuic:lelmeswi}l be monitor~d as of cl6se of eacn business (:fay (defined as ·ead1 day the New York Stock'EX:changeis opep forbtJSirtess). The Invest.merit Guiqelirtes shaUnot b~ deemed to be breached as ci, result bftl:ie o.ccurrente Of arty of the following ewmts:.{i} any changes i!). price :or value ofany investment which is brought about solely th,rough moveme~ts1n .tM · marl~et; {ii) any change in . the · composition ofany bem:hmarkset out Jn the lhvestment Ouiclelines; .(iii) any Pag¢ 1 of9 I: x t- i e I T A issue, redemption ot can~ellation of itfv¢stml!!QtS J:iy, or capital r~construction of, a, companY 'or is:suerwho,se securities <1re held in tbeAccountorto which theA<:<;ounthas e'xposi.ire; :(iv) an;v qh~nge ifiratii'lgP.f::iiJ inve$tmentheld in the Account or to Which the J\cce>Jliifha.s ezjmsute, or ;:i:rty issuer of ar1..Ys\iChinVestment; • (v) C\nY. change inlnvestment Guidelines d~t.ected i by; th.e:·Clieot, ii1clUqing ¢hanges to lists C>f'restriqtecl securitle~; or .(vi) any.addition or withdrawal of cash or other assets by the CUen t. 4;·Custody Adviser · shall have: no · responsibility for the ·custody of the Acc0tmt . Assets.. The: Client shall select a ('•custo.dlan") t9 baldthe AccountAssets:ih safekeepih:g for the Client an ff tO'.take a.Il.necessar~ steps to settle pµ1tha.s~s1 sales ao.g ot)ler· trarJsactio·ns under this Agreement made by Adviser.i including delivery of certific;ite$1 ·P.ayme1Jt offunds; cqll~<;t,iQn qf inc~m,~, d,ivfrlendsi ,anµ qther distrihutions; and such other acts as may: ·b..~ neces~ to fulfiU suclt custodlal respo·nsi~Uitles; Client al!thoriz~s ,t\dVis~r ~a give QU$todiart instrµctions f,qr thei pJttchCl.s~; s;;II!~i cc>rtver:si~rt.. :redefilp:tj:tni, exc.:hange Qi:' re.t~rttJoJ\ e>f ~ny $'e¢'U.tity1 .~h, or Cash ~quivaj.ertt:Ot other i11vest.mentfor the .Accouµt Ad:viser shall give hOtice an~ ptbper m~ttllcMQiiS w#h t¢spe~ to tI'ans~cUcms in suC:h :re,as<mable::nia.bner ·;:i:s sh;Ul be ·agrteed upon witli the CJ.l.stodt;;iii :and CI;ent The Acivis¢r will notl\l'iv¢. custpdy or ·possession of the as.~ets. of the Acc~l,lnt of the Cli¢.nt 01• au~ority to · effect withdrawals, 0r d~positsoln the Acoo.unt and' shall not b.e liable for any act or omissiop' of tne·custodian; The Client shall he solely responsible :for all fi::es invoJve.d with any custpdial arrangements, Client. shall notify .Adviser prior to.Jnaking 'any changes to the Custodian,. · · 5. Lega:lActi'ons: Proxy and Corporate Actions ·Th,·~.cl{~ntagreesthatAdviser shall notberesponsiblefor, and shall incur no liability_, in ·connection with the handling of'any !eg~lprnceedin:gs, i.nclttding cla:ss actions and bankruptdes (each; a i(tegal Action"); with respect to s~curities· pux:chased or·h~ld ip. the Ac~ourtt Client Cl.nd/or its Custodian wiU handle tnattets' relat;i.ng to any L¢g:;M Actj.on and Adviser sh~ll notnav¢ any obfigationsrelatingt:hereto. Client Will, or will direetits Custodian.to, send.to Adytser . or its agent (i}altptofy soUci!=<ttlon trt::iteria.La:nd C>ther related. m.:ateriaI, ii:.rcl\lding interim ttipe>r~, annual repor~s , and other ~st,ier: Jn:ailings NiSpect to the • Acco1;1 .. n~ as well as all nratecials and irifortn~tioh rel~tilig. tdc<>rPotat1.Heorgani:iatton ma:tt;ets (e.g;, conversions, tenderand :exchang,e ·offers;.:merge~s,; sto1;;l(splits, rig}tts ·of.fetings, re<;~pi~lizationS-; amendments, modificatiens orwaiversorP.th.errights ·or powers~· (coUectiveJY,."E'roxyal').!:LCCit:PbrateACtion Material'l Advisel'shall havefull d.iscretionary :authoritY as ag1mt and atforney:4ri-fatt; with .full po.werO:f substitution and full authority in Client's .name, with respecttC>.theAccountto ·act and vote upon all Proxy and Corporate Action '.MatedalandAdviser ma JG a:t its: discretion, elect ta use. one or mor.ethivct· partiesinfulfilling its obligations hereunder •. Client understandsthateven ifithas appointedAdvise.rto·rece~ve and act upon: the Proxy and Corporate Action Material, Client ·may. receive certain other. issuer-related communications regarding)n,vestrnertts in the Accourtt andwill bere5ponsible·fotprovidingAdviser with ·any applicable inst:tuttfons or directions contemplated by such comntunkation; Client.may obtain a copy of Adviser's 'proxy votingpoUci¢s ijpQi:l re.ques~. · 6. Client: Reporting' The AdVise'f Will make availab.le to. the Oierit pei:iodfc;reports . T!le Adviser does nbt assttm~ resp()n'sibility fur the a.ccuracy, of information. or· data furnished by the Client; the Custodian or any other pers<;in ot fitril. The Clientacknowledgesthat the Custodian's .statements· arethe officiali'ecords oftlle AccotmtA:sset$. 7. Allocation of Brokerage:' Witen placing· orders ' for the e:xecution of transactions for the Account, the Adviser will take into ~onsideration .available pric~s artd other .relevant factors such as, withoutlimitatiOn, execution capabilities; de;afer spreads or commissions; set~lement and clearance capal:iilities, willingness to commit capital as a principal, size and difficulty of the transac;tion, reseatcha11d other services provided by suchb:roi{et"dea.lers, The Adviser will exercise good faith ittseeking to obtain the best price and execution for each tra.9sa.ction for th¢ Account;. fipwever, transactions will riot always be executed at the lowest available price. The .M:viser • sh<1l1 nptbe Liable to the Client for any act at omission Of any b1•oker or dealer selected by ~he Adviser ' · Page 2 of 9 • • • ln placl'flg orders, fo.r theAc<;q.upt, it4Vi~er :roa:i e~~G~'ttilM~~tiQ!lS if!:d~p~nd:e:tl!l:Y or ptircliase or. sell ~e s~in~ .o.r simiJ~r -!\c;co.u,nt A$'~ts1J9~ sevetal tliePts UrtC1.t\din:g:,.¢Hertts Qf aftlfiateg .ar:t\li~.f:!fs,J aJ aPP.ti:>ti:mat~ly the sam:r~·.tltti.e, ln th~event tl;).a.JAdviser aggreg~t~s sti~li ,qrciersto s·eelt.bestexecutiQn qt td ·p~~(lt'.iat~r ffi(lfe' f~yorablEi -<:9mmission t:'~t~~. th.a,n . ipJght have b~¢tfobtline4 hM A&vi~et pla~ed s4c4 <;ir[e,i;s in!iepettti'¢ii:~ly1 Ad,vls~.W.Ul ailo1=~te'.$UCh. ortlers:lri ~·manner it c;Qns~cJ.~$ ~0J1e ~it and .eq~itabt¢ amon&1Wcli:¢llf$, Adviser· ntay giW, a Copy of this~ Agt:e.emetit_ to, .any btoleer~de:a.l¢j' o}~ .9tb¢t p:~rey tc> a . ttans~qfop . f.9r' the Ac.count; or th:e,custodian1 as evidime:e of.Adviser-'sauth.oritrt6 act for the ·~oJ;ounh a.;·Yaluation The Ad vis.er will value:thesecurities in: the Account: based ·.ugo.n prites obtafrted .from ,an independ'en:t pricing source(s); Where prices · cannot be · obtained from ·such . an independent .sourc~~ Adviser will value that security in, .a gpq.l;i faith m;:.nner tq reflect' the fair trt~rket value thereof.. The Client acknowledg;es that ·the Cttstodian is · the prlc;tng ag¢ntfQr the Client's bo.oks. ~µd tetord$i'Cilnd· dther custodjal reporting purposes ; Q; Delegatiotl · Ifi p.¢tforn;,ing its ·oblig;:i.tjon~un..der tbfs, Agreement, Client aU.thotiZ.e:~Aqyis~If, atlts OWl:l.dts'creth>tt an:d without the .consent-of tM Client, to delegateanybac~and middJe·office.functioris anff other .non· discretionary in~stmentmanagement services to a:nyaffiliate .. ofAdViser as weU a.s third parcy servk;e providers.sub,ject to confidentiaiity agreements. · · . ....,y •. ' 10. E.eil. The compensation of the : Adviser for its services under this Agreement shall be. calculated arul paid in ac;cordante wi\h the Fee. Schedule in Exhibit :Si as the same may be amended Jrmn ti'Ine to : time by mutual agr,eement of the· Cli~ntant! thlj} Adviser. , ·· 11. other E:xpenseS: The .,4.cco:µrtfshall ·P~ resp~nsible for all expertses.1·ela.ted; tottadit1g:the a:ssets of the Accogfit, in'clUgirtgbU:t notlimfte.4t9; bro~erage commissions, dealer spreads; e'xehafi:ge.s.et.yi¢¢·f~es,taxes, ~nd i1it~rest on Accc:iu.nt:. related loar1s ·:an1;tdebit balances. 12. Limitation -of Liability· Adviser does not guarantee the performance of the Account , or any specific level of perfonnanc:e or the success .of any 1nvestment :decision or strategy that Adviser may employ. Client understands that investment cl eds.ions made for the Account are subj ec:tto var.i·ous market,,.currency; economic, political or business rlsksi and that those : inyestme;nt . decisions . Will not always be profitaole.. Adviser will manage · only the Acco.uni Assets anC:l property fleld in tli.e Account, and in making,:investment ~ecisions for the Account; Adv1se1"Will not c9:nsider any other inv~strnents own~d by the Client; · Beca'1s¢. ;\civtser may provide advfoe to .Client · re~r.irqin~ o'fl'l;V' ,a Portioh of tbe Account's asli.~ts, AQ,v'iser shall il9~. be . re$}'J()nsible to e:qs_ure the\t the Acc,ount'~s:~sset$,· vieWe(l in t}leir tmtirety, ate suffi(:ierttly div~rsffie.Q,, Adviser wm e:){ercise reasoP.al>le q:ite in its· perfoffanance ' Qf n:ives;tJnent :advisb:ty ser-vt~es :on the Gli¢nt's behalf; Except J9r fraud, gross. negligence or Willful mi'sc.on(lu<;t, ncme. of the l\:tl\Ti$et,. its affiliate§ at its delegates; nor _any cifthejr respective officers, director$; employees or·agimts shi;tll be liable. her~un(:l.erJor any actions performed . or omitted to be performed or .for any errors of judgment in .managing ; the· A¢co@t. N otwiths.tandihg anythfog in this Agreement to the contrary,_ to the extent p.ermitted by · law1 each party waivesaU rlghtsto claim·puriitive or consequential damages ; · · · 13, Sezyioesto QtherCtients It is unP.~rstood that the Adviser and its affiliates p~rfbrm i_nvestment advi'sory services; ai1d related services for otlier clients.: The Cllentagrees tha.t the Miviset may give acMce anq :take action with res-pectt,o any of its P11ge~ of 9 other 0clients, including p.ropctetary ac;to~ntS, which m;:ty differ, froru 1ldvii;:e· giv.en, 011 tM timing~ or naQJ:re of acUon ~kerirwith respect to the Account. · · Nothin~ih thi'sAgreement shallbe: ()onstrued tQ" pr:event Aclvi.$-er' or any affiliiite: of.Ad\ii,S.er qr· imt :oflts dire:ctor.s~. officers) employees; Ol',·affiliates C'AffiUatedJ"ersonsl') in any way from purchasing ot sellfo~ any same or·similar .Accoti:rltAssets for its .or theft o.wn a-ccounts p.rfor to; simultaneously with,.or s.uosequenuo . anrrecommendafion m··action· takenwith respecHo tlrncAccount, m~lo1 fmpose .upon Advise:rrany obligation to ptltchase or. s¢ll :fhr the Account arty .security which Adviser or · any ofdts·Affiliated' Persons may purchase or,sel):fi;it i,ts or their ow,n ~<;9oun~ or fm' the .account ofanyadVisoi:y; brokerage or other typeof'cHent. The C1foitae).qlowledge$ thatAd:Viser ()'tits-a(fi1i;:itestnay,frotrttii;11e to tfroe, CQtrt,e.ihto po~sessfon:ofmaterial' nqn-puqitc'ot other cqn(~~entjaJ infotrrta~9htMt tp?yrestt:ict the Advi$Eff~ aJ)~lity to ~n;tetirttg . ttaps~gtio11 . 9p, belia},fQfthe/r.e,cp)ll}t;andA.dViser.·wnt have, n:<>. liabj\ity jrt co11nec.tion:¢.er~witl1., t 4. Representations by the Client' The Cltent represents t4at the t.erros, of thisAgr•eement do not Violate ·al1Y· obl~gatiori by Which the · Clie.nt is bound~, whether arising by contract) operatfon .c;>f lawi or otherwise, and ,that this Agr~ement has. be¢n ouly authorized' by appropriate action andfabinding upon the£lientin accordance with i~ terms: The Client agrees that. the Advfser ·may use Cli~nt's name in . the Adviser!s · promotional material and may provide the Client's namf!' and contact details; in response fo certain RFP .requests forJ client cmntact inrl>r.thatidn. ·. ·· · · ••• • ... ••• .a._,. ..•. ~- t5. Renresentations iby theAdViset • The J\dvl$er repre:sell~ 't.hat it is a registered i,hvestment adviser u11det the. prcivi~jons · of:· t]1e; Jhvestment AdYisets Act Of 194.0, as ameiJ,ded rt'i.e 1'\c:~'1},, Thi$ Agr¢ern,~t has peen, duly· a4tli()}'i;z~d· by apptP:Pd~te actii;u;t.and/i.s-binding upot1tl)eJ\dviseriP. <ti:®rdaM¢Withits term~~ • The Adviser :shall act in accordimce with tbe prudent lnvestor rule . and othet applicable , Provisions. Jpr delegated fiduciaries' set forth . in the Colorado: Uhifbrm Prudent. Investor Ac~ -15·14~10:;1:, et s¢q. of the Colorado Revised Code) as may be amended. · 16. Atkt1owledgmentof Receipt of Brochure (Form ADY Part 2A) 'f,he CUent}ifiI'.ehy a,cknowledges re~eipt ofthe Adviset's Brochure{Form ADV, Part.2A} in compliance.with Rule 20~-3 of:the Aet • BY, sigi:ting this Agreement, client ;:1d<now1edg~ its understanding and approval of Adviset'.s polities a,nd procedures;, inqhtdirJg, its ,hroker..:d~aler and co.unterp~tty selection practices and exe·ci,rtion ·an4all9~atJon bfOrdersdescribedihA..dViset'.~writtendisdost1re$tat¢ment 17: .Notiees: Any notice, report/ acco.unt statement, :fostructi6,n ot other ctimtnuniea:tiort, reqtiired or co.ntemplateg b:Y this Agreement shall be.in writing and, unless otlierwise 'providedin this Agreement, will be cl¢em¢1;1. tq have he~n g:tven· (b}when delivered . in person,{c} when dispatched by electronfc.mai11, (d) whendispatGhed b:Yf~cshnile · . (confirmed: fo writin~ by electronic mail.or l/. s. maitsimul taneously dispatched} or ( d) one. (1) · bush:ie.ss day afterhavihg been dispatched by a natkmall:y recognized overnight courier servke to the . appropriate party at the address ·set forth .befow. AILnotices and other communications shall be deemed effective.when.received, irt writii\g,;·at.tlte ·~ddr¢sses appea1'ing beiow., Receipt-of written notice shall be presumed ff mailed postpaid by registered qr cettJfied mail; retU:rn recei.P~ requested·, Ifach party shall be entitled to, presume the correctness of the address below until notified in writing, to the contrary. The Client hereby consents to the Adviser'.s i.ISe of efo:ctronic mail to satisfy its disclosure delivery requirements under the federal :securities Ja.ws (induding the Adviser's obligation to deliver. its Form ADV), and to deliver aqy other repol"ts: and documents; Sµ~h consent:shall be effectLve .. for . the duration of this Agreement, unlesnhe Client revokes such • cons en tin wtiti~~~ Page'4 pf 9 • • • If to Adviser:: Attention: F~csimile: Emailt htsfgl)t.Investment . 400 ?a1'.kAvenue; 7~hFloqt New York,New Yorkl.01:66 Attention: ClientSer.vJce, :Email: djentseryjcena@:insi@ltiiivesti:rtentcoiri. l?) 'rermitration: Assij$ment;A:ntendment . This· Agj.'eemetjttli~ be terminat~4 ar.anyt'itne by either party giving to the o·ther atleastthi'rt:y(SOJ days' prioi' notice ofsuch termipation-confinrti:id in writing,. Jf ;,u.)y-fees have been paid in adv.ane:e, fu .e.AdVcis.erwilt refund t9 the, cli-ent ~ prl:H'at~ shai'e of the fee .. 'f:etmi natioh of.tj:ie Agr~.rrrentwill -not affett.(i). the validity of ~ny ~ctl911 ptevi.o.u$ly ~kert l.\Y. Adviser, under thi$ Agreement or .(ii) li~hilities or obHgations ofthe clientin tes.p.¢tt.to the Accoq11tfi'otn , t.ransactionsJnitiatec! bef()te termil1,~tion. Upon the terrninatior1oftht$' Agi·eement, AdV'isef Will h.ave no obligati1m t9 re¢ommeii<l pt take any :action with r~garcl to the AccOµnt Assets • The Client aut}'io.~izes<the Custodian to debit from the Acco1.ri1tany man.a,ge."H!!ltfees that reru.ain unpaid as ofthetermin~tii;'iil dcite; No assignment as that term is defined in th .e Act, of this Agreement:shall be made by either parfy Witho-utthe cons.ent of the other. This Agreement may be amended or· moi:Ufied at any time . by m:utu!lLat:reemiant ill writing • 19, Countentarts . This Agreem¢nt. may be ·exetu ted in two or more c<;iun:terpa_rts,,,.each one d(which shall be deemed to he · an qrtgtnal. zo . Gdverningl.aw: Arbitration 'I'his Agreement s.hallbe goveri:ied by; interpreted, construed and ·enfotced it) accordance with th:eJaws of the State of.New York, witho:ut g~ving effect to any conflict o.r choice ,oflaw provisions 6f that S~te• All disputes:aris'ingout oforin connection with this agreement .and the services pe1:fortnea l.l.Q.dettlits. agreementshall be .finallyresolved'byarbitration in .Oenvet:; Coloradounderthe-CommercialArbitratidP. Rules of the AmericanA1~bitration Association by a single arbitrator ~ppointed in accordance with the sa:id Rules -, The patties ·acknowledge that they arewaiVing their right to seek remedies in court; including th1N'ight to a jury tti~l. For the avoidance of ciou bt; thearblttator shall not be empowered . to award punitive ; damages. .. . . A part)-'inUs.t prov:id,e written notice Of any such dis.pure at le<1st sixty (60) days prior· to initiating any such afbitra,tion .. Af~er such wr,itten not:tce is provided, the PC!.rties shall enga,ge in good fa:ith negotiations in an effort to resolve the dispute. The costs of the proceeding~ shall b~ b.orne equa:Uy b.Y the pat ties '(however, each .party $hall qear its own attorneys.' and experts' feli!s). Payments otherwi~e due un!iei; this agreententwhid1 are no~ the .subject ofthe arbitrated >dispute.·shallnot be withheld on;;ic;countof any. dfsp.Ute referred to arbitration, No .diScovery other ·th.an.an exchange ofdocumentsrelatingtothedlspute shall be petmitted .. AU Q.ocµments and information exchanged by the parties in any such arbitration shall be treated as. confidenfaJl by the pat1Y reteiVihg ; the d9cument or information. Any ·arbitration award issued shall also be ; mailltained . as confideittfol by the parties, except where the disdosure of such information .is required by law or regulatton. Page Sof 9 The parties. acknowledge· that:. (iJ Arbitrationis final ; (ii) 'Pre·arbitration ·discovery: is m:ore limited than and different from court preceedlngs; (Hf:) The arbitration award is notreq:uiredto Include factual findings or • le.gal reasoning1,and a partis right to appeal or seek modffications ofthe award are sfr.ictiy limited.. · 21!. Entite:Agreernent ~ms J\.greetne!lt cqnstitutes, the entjr~ ag1·een)ett~ of the patties with r~sp.e.ct to· file m~ttagernent of the Accoun~ The ~xhibits :reforented herein are ihcorpotated into thls Agreement. 22 .• Cbnfid el'.l.tialfiY The parti¢.$ ~ci th~ Agre¢ment . shall nO:t discl6se h1fo•1nation of a confid .en.tral naf1we. acquired i.n consequence of 'itj ·e)CCep~:fdr lnformaticm whi<:h 'is or becpJhes within the public do@ain; (other.than by rea:son : ofa breach ofthlS. clause}; ·01' which · they ma.y be entitled or hound to disclose by :applicable-Jaw or reguJationi .or which is. requested by, regu:lato:ry or fiscal authorities; auditors1. or court 0£ competent jurisdiction or pursuant to similar regale process; Adv.iser may disclose:irtformatfonfa relatlon to ·the Clierrtto a) its officers, employees; affiliate~, delegates and agents; b) other third parties (includingr. without lhnitatfon:, :cusfodia.ns, brokers~ counterparties,, and trade. data repqsitories} fn, connectfCm . with the performance' offrs services hereunder · 9r to assis~ or enable the effective managem~:i.it: of' th!? .tll~nt1s Ac~o·un.t; ~s w,el( a~ 'ilni:t;t1dal ac(;o®ting; insgrauce art.d risk pi)rposes, prpVided fuey ~te subfeet· ur sjmilar restricti0,ns ·ot'J:furt:l).er ·disclosure. qf such qo.iifiden.tjal:infcirmatiort. In the ~ve:rtt either PattY :receives an "open'teicori:ls i;equ,est'';illi4etColor~do law, 1'.11erecei0ng_ P.arl:Y.sltall prornpl'.ly notify tl\e (>th,erparty. 23 .• ForteMajeure t{ \:!t·v~~ittS·tatafng ·.~~};tl\!~g'."..in tht~: :A:gr¢.¢futtt. t.o· tP.O·~'Gntr·~·~Y, ./'~.q\.~isGr ~h~ll nOt b:e .. re.Sj}cnsi.ble: Gi'· ·H~:bl:~-fer ?t~. failure to· perform und'er thi$ Agreement or for any lm;s.es to the. A:ccount resulting' from any event beyond the reasonaple control of Adviser,. or its agentsi inchullng, butnotJimite.dfo ,nationalization, stdkes,~expropriation,. • .devaluation, seizurq;. or similar action, by any governmental. authority1 de ' facto or de Jure) 1or enactment, promulgation; i'mposition Oil enforcemenb by any such governmental authority of (!Urrtency restrictions> exchange <i!ontrols1."levies • or ;other charges ~.affe.cting~the . Accountls . property; or' the breakdown; fhll'ure or malfunction ofarty .utilit%s or ·teleconmiunications :.systems; or .any order or regulation o:foany batiking or seQudties' industry; including changes in ntarketrl}-les and coitditfons affe:cting the.exec1.mon or sett1emerit:. of transacttqhsi or a<i!~ ()f war, terroti,sm;. irtsutteGtiOJi or revolution; or· acts of God qr aJtY -other ·similar event. Advis·er shall us,e l:Qrrtmercially re~so.nal::ffe efforts to mitigate any, losses re~utting ft.Diil such events <1;nd . shall tilajnt?frt ~ commertially rea;sopable busiqessrecovery plan. This sec~iort ~h<!-1) .sutvive th.e t~rmJna:tion of tpis A~e.em¢nt; Page 6 c;>f9 • • • • JN Wl'l'NEss;·WHiiR'tO.f; ;the p;:t}1ti e.s bereto . hav:e ~useti this Ag11~ement. tA be· e*ecutiad PY. thetf.respecp1le: .representatives as:ofthe. da.te fir.st abovewdtten, · · AD PRESS~- far~ter Inve~t()t SerV;ice$ <;:()rp. d/~/a Insight lnyes.tm.ent BY: ADDRESSi · Nari.le: Title; ~.· '.L·< .. / ij'; ~~c__~ Name: E+ Gerard B.¢trig~n Title; Head of U;S , Fi'X:ed hi(.:ome 200 Pa1•kAvenue; 7th Flo.or N ew'York,.NY 1016;6: Page7of9· EXHIBIT A :INVBS'rMSNt GUIDELINES •: .. ;•· ..... ·• PagE!·8 Of 9 • • • • • • City of en9lew.ood, Cc:>,lorad<t lNVSS:TMENf POLICY Th·e Plteot9.r of Finance -and Adtnlnl stratlve. · *~rv.lc!'.!~, oftM q1iy; of EnglewGip~;. ·cqlor~dq-I~· charQe.d with the responsibillty to prudently and ~roperly mana1;ie any and all' funds of the City . Becau:si;i !hese. ·fqhcls'. may Pe· cal.led'. qp.on •. it js , e~s~fltiaf . -that absolyte rnatutify t\arrzorl$ ~re: l oehtlfi~bt~ for ltt~ purpo~~ of llquidlt5,1; M!:m~o_yer; th'~$e • fµnci:S ·mo.st bedully; e;all~ler~llz~q: ~nd .appropriatel.y author1zed . The follbWlnQ lnvesfme.nt ·pollc¥ .addresses the methods , prdcedures and pfa¢ti6es Which l'ni.:)st be exe'rcised fo ehsUfe effe¢tive·:and ·sP.4nd fiscal managem~nt SCOPE ThiS.· lnv.esfiilent:Poli~Y shall apply to:the fiW~stmentpfaffPnanq@l >assets·.~nd .arr fi.Ji:ltts ·6tth.e City · c:if EMl¢woo~ (hereafieneferted to as th~·".GitY,1'):-(;>Ve(Whidl:t It exe.rcises .financial ~pn~ro!, e*cept' the Ci(y' of Englewood Firenghters Pension Fund , Voli.rnte.er Firefighters Pension Fund.i P~iice Officers Pension fuheii. the Non-~mergency ~mployees Retirement Plan .Fund and other Clfy emptoyee.r~tirerneht plans. . . In . order ~o effectively make use .of the City's .cash resources, all monies 'shall ba pooled ihkr one !~'.:1 st!:nei'.\t acoount ~n,q ac ¢o:.mto d for :fopz;ri:it:;i~f. The ih',io$tr.1$11! in:::dmq . dcrl;.;ed ft9il1 : ,this · acc;oul'.I' sha)J be distributed to the vanoU!I city'. fUhcls !n accordance With Ehglewoo(j Munl\'.ilf:!al Codei 4-:1'-2~A. · · · · · · OBJECTIV~S The Cily~s. funds shall be; invested in accordance wilh art applicable, C.ity policies) c:oloradc:i . st~tutes:, <V:iq Fe~¢t~I . re9\.il~ti9ri~, anq . in a rtiai:lner d~signect to ae;compHsh Ui~ foUowJng ob)e¢tjves, whl~b are 11$ted ln priority order: · · • Preservation ;Of oa.pitai and the;protecttonotfnvestment pf[ho i'p~I., ~. Main'tenanca ofsufficient liquidity to meet anfleipated disbursements and cash flows· .. • Diversification :to avoid Incurring unreasonable risks regarding securities owned , ~' Attainment ·of ' market rate of return equal to or higher fhan the performance measure establf~h~dby,.tn.e Director of Financ::ie ~nd Admil'iistra~veServfces. DELEGATION OF AUlHORITY The qJtim:~te .. r.e:sperisil'.!ility and authority fol' investment.tri:in$aqtions involving t.n~·ClW. tesi.deswith the OJ rector of Finance and Administrative Setyi~es (hereiOaft~i'eferfed to as the 't>frectof') w.~o has. been desig~nated by the' City Manager as the ' Investment: Officer In accordance · with Englewood. M,lmi¢ipal Code. The Director: may :appoiht :other member>$ of the City staff toA1ss lst hirn ih toe ca,$h mar'l<1ger)'.lent. a,nd investment. function , ,Persons whO are <11.J,th.orfzecl . to trat1sact business and wife: funds on behalf of the-City Will be: designated by the Director by. the Wire transfer;agreement executed with the City's. approved d~pc:isitory for bank services (~e.e Appendix ~ . .. . the Director, shall be .responsible for alt investment decis.ions. and activities~. and shall estabiish written aqmi.ni~t~~tive proced\.l tes for the ope ratjo_n.of the CitY'~ investment program consis,t¢.nt with this lnvestr:nent Polley , The Investment Office!' acting: within the;:;e procedures shall not be held personallV liable for specific investment transactions . · · · · The Oireetoi.")tia,Y fn : his disctetiol"! appoint Or\e or :rnore -rnv:estment Advisqrs, regf$tered With tt:ie Securities and Exchange · Commiss ion under the Investment Advis.ers Act of 1940 ; to manage a · pq)1i:Ori of the CitY's ~s~ets •. An ap~oln~q lhv~strnent Ac!lii~or-,rtiay, be grantec;t Jih;llted it\vestment qjs~re.tio,-n Withlfl the g,uigejines ·of tbl~ ll}\iel;ltt:nE!m Pohcy.witt\. regat.d te> tf;le Cityis assets~ placed . under Its managemanl. An Investment Pldvtsor can only be. appointed after consultation with and apptpval by fhe:CityMariager; ·. · · P~UDENCE . The ¢f$r'ida(dqf p~udence 'to be u$eel, for:maf\?ging the Qity·~ as$at$ is· t.he "pr.i.lder:it investor'' rule, WhJch stiatf.!S that a, prudent hW~stol' "shall ex.er.c;:ise th~ Juqgmant" ~nd ·care~ under· the ·circumstances then prevailln~h which men of prudenoei discretion, and intelligence exercise; in the managem'ent ' of the prope~y qf Mother; ,i1qt in teg'ard: 'to s):leculation. but i.n . rega,tc;f t? the P.~rmaner)t qisp9sition of fun(!s, considering ths pr.Qbaple fn¢ame as wen as the ptopabl~ safety of oapJtaL" (QRS.115.,1,.304; Standard fot lnvestmet)ts.) The City's overall investment program shall be designed and managed with · a degree· ·of prpfessi6n~lism thc;it 'is: worthy of tf;le · pqQllc trµst. The ,CJfy fec;ogni~e~ tha.t ~o ihv~$tmerttJEf totally wi.thout r!;?k ah;j that t~e, fQVestment activiU~~ of tl'le qity are .~l matter of . p~bli¢ record . Accordingly, the Ci{Y ' recognizes that occasional measured ' ibsses may occur in a diversified J)Ortfoliq sn~f shall b~ eonsidere.d within . th~ context of the portfclio:s overall returh, prc:i\?ic!e<f that :c;1d.eq\:Jate cliversificatip.q has, been implen:rented ·;;in;j tliat tne safe C!f a ·secu:ritv Is· in the best )ong- term iriterestof (he , City. The,Pirect~r ahe! other.authorized .persof:lS acting ·.in a¢corc!!'!nce i.vith .. est~,blished ~p r,o¢~Utef; and exer¢l!J.ing du~ diligence shall be relieved of personal responsibility for a·n Individual' security's credihisk -o.r market price changes, provided 4ev!.ations:from expectations ate. re.ported· in ~ til'hely fet$.h.l~ii}. t.P. 'th~·· City Ct~.Qn~;:_· a .. r.·q ~~p·r6p.r.:9t~ ~.Ct.ro.~ · :1~=' t~~~-tt~O .Cbntr.oJ Od.V.qts .c q~v.etqp,rn~:it'~, ETHICS ANO CONFLICTS OF INTEREST .AU City eh')ploye~s ihvqlved in the ; inVesttnE:fht ptpoess. sh.all refrain ftoth · petso(l~I· business activit,y that cotJicf conflict with proper execution of the Investment prog'ram ;, or which couid Impair their ability to fr1ake .impartfalihvestment decisions. Employees .and investment officials . shall .disclose to the, City Manag.er any mat~rH~I fihancial interest in financial ihstitutitma that condtlci pu,silless with the' Ci~y, and tnt:!Y ~hail further a'!sclos·e ~ny larg"e personalfinanciai/investment positions that coufd be related to the performance ·of the city's portfolio. Employees shall subordinate their personal .investment ·transactions to thcl'se of :the ·c1ty partic(Jlarly with. regard to the timihg of pWchases and safes~ · ELIGIBLE INVESTMENTS· AND .TRANSACTIONS. All inyestmen.ts will be macie In acccirdai'Jge With the ·Colorado Revised. Stalqtes (GRS) as follows: CRS ·11'-10 ;5·101 i et seq. PLibUc. Deposit Protection Act; CRS. 11-47.-"101; et seq. Savings ;and Loan, Assooiatipn Pµblia Deposit ' .Protection Act;. CRS 24·7S-901, et seq . .F~nds.-'Legal Jnvestmemts; CR$ 24~75-603, et seq; Depositorle$; and CRS 24-75~70'1:, !:it seq:, Local governments -authorityfo pooJsurpius funds. Any revisions or extensions ofthase sections of the CJ~Swill be assvmed to be part ofthls Investment Policy immediately upon, being enacted~ As a .home rule Cityi Englewood may adopt a list of acceptable Investment instruments differing from those outlined in CRS 24-75-601'1 etseq. Funds-Legc;il Investments. Funds·. of the City of Englewood covered by this Investment .Policy may be fnve'sted rrt the fi;>llowihg types of secL1rlties arid· transac::tions: · 1. U:S~ Treasury Obligations; Tr.easury Bills, Treasury Notes and Treasury Bonds with maturities 110.texceeding five years, from the date of trc':!de settlement Page 2 • • • • . ...,. ... ., ·:· • • 2;. Tfe~stir¥ $trip~ {~9ot<~entry.: U.S.:. Tf.ea§qcy: ~eql!rjtiE!$': WliP~~-ooi,:ipol)s h~V:e ' b~en re·rnQVed)· wnn h'itif~tltfe~ Pt:>t ~~~~~cl!rjg five ~years0 from: the !'.l~~e ;qHrag~ seWement a; :fl~cler~r ·1n~tfY~entaUtle$ ~ D~Per;itlires. Discquot Note~~ Mecti!lm.-Term; I\1$te,s., .. ca.Uiabl!;!· ~ecµ'dij~s ao~ ·~t~p .. qpi :s~cur.itJes; issu,e~ by t~·e folk>W.ln~>op.,iy; F~9era1 NaiiQ!'l~l ritJQrtgage· Assoelatibn {f:'NMA), Federal Home; loan. Bank: {FHL.B),. Federal Home: Loan :Mortgage Ql)rporatldb (FH4.MC1 aM. FederaJ Fi;itni Cr~dJt.Sa9'.k$.;(ffFCB), with ili<lt.uritie$ Mt'ex(;eetiing Jive ;yea,r& frc:itii the d~te of trad.e. J;ettlerrtent StibotcfiMled ·de~tmav :npt P~· ~i:itch~$~cl· · 4; R~purchase Agreements wlfh .ci termination da.te.,of a.o · days or less· utilizih~ U'-S; Tte~stJry an~ Fed.~:ralJnstftJrflentality securifiE!s listed.·a~qve,., cqUateraJize.c:I Cit .a : tn!nlrntJm market vafue .of 102 .P,erc~nt ()f the.dQllqt valUe..Of the transaction Wifh ·the •a<::crued 'lnteresf aOcllmUlated Ori the c61kt~r:ai incruded in the calculeltion. · . R~pl!rcbase -a.gr~~rnents ~h;;ill be ent~red h'.ltP ·onltWitf'f d~al~rs whg: a). ar.e recognlZed as Primary Dealers brthe Federa.1 Re~erve: Bank of New Ybr.k" o.r with · .fifrns .thqt.J1ave a prirn~ry dealerwithin.t.heir:holciih'!l·®rtlPMY.sttiJctl;Jrei ~hd . ·. :b) hS!ve ·execut~~ ·~ City aPPtove9 Mast¢r ;Rep1JtCh?s~Agteement {see Appendix. II). The Oireetorshall maintain a file .of an execufed.·.Master Repurchase Agreements;, Cqllateral (putcflased sec;uritie.s) sh~.lf ~e held. by:·th.e pity'~ cus.t¢dian Mnk as ~afe~e_e,pfng age,N; andth~·rnarket-value of the collateral securities shall be :·marked,to-tlie·m·arkeUlaily. --. '·rofth~ purj:>'O:~e~.'·of thifs'~ctioh; the rerm "¢uli~l~'ral ' -$h~lfW1~i;lh' ''pu1·ct1'asetj " s~Cufiif¢i( UJ1\1~r . th~: term~ of'the G.J~y approved M~ster .Repurchase Asreem.enf "In no .casewilf the mafuiityof · the ·colialeral exc-eed to years. · s, Rew~tse; Rep'Qrchase Agte¢:ments w!th a maturity· 9f 9.o d~ys or le~~ e).(e-cufo~ ·ori1y ag~(n$t seeurittes owned by-the city and .co.llateralized by the :same type ofsecurily reversed. · · · · a.. fleXiP.le ReputcJJ~se Agreements .with a fina'i ma~4Jity. of 1 Q Yea~ or less enter~(! into by tne Gitywltti approved counterparties. These ··flex'ible r.epurchas.e agreements . may. be:closedout in varying amounts and at varying ·times at the option of the City. These agtee:merit$ ~re i;ieemeq PY both parties to be p\.irctias~s ~nd s~Jes .Qfsec;urities a.nci.;ate notlol!lhs; All such flexible:repurchase.agreements .shall me.et theJollowing criteria: • Be determined as legal ;;ind validforboth parties;. • C.oJlatenil shaJI be limited .to; · . a) Secutities issueg l;Jy, guaranteed by, prfor ·which the crec;litofaoy' ofthE! following; is pi~c;tg,e~ f.or payment: the United States. Federal Farm Credit Bank, Federal' Land Bank; .Fed.era! Home Loan Bahk1 Federal Hom.e,Loao Mortgage ·CorporatJ()ni Federal N1;1tipn~I · Mc:irtg;:ig:e A$soc::latlot1, E)(port Import 'Bl!ihk o.r the ·Goverornent Nation~I Mort:gag~ ·A$soc::iation ~ or · b.) Secudlies issued by;. ·guaranteed by, or forwhtcih . the credit ofthe following is pledged tor payment An entity or organization wliich. is not li~ted .ih paragrciph ~) aQ'ove. l:!~t which is-(1) created by:; or the c::reeition of Which i5: authorized by j l.egislati~n ery~cted by the United States :congress and which iS: subject to control 'by the federal govemmeht Which is '. ·ca.t least ;a.s, .exteMive as that: whic;:h governs an . entify. pf organization .listed .in paragraph a)· above, and {2) rated in . Its highest ratirfg c;;itegory by of)e: or rnore nationally recognized org·anizations which regularly · rate suc;;h obligations,. · •· H~ve a fi~ed rate dt:ldng th~ ehU.re .life of the agreement;, ,.-The dgllt;ir amounts anq periods of tirrie· .when the .City. JiiCIY · draw funds out o:f th.e repµrchase <;igree111e·nt shall be agr~d upon i.n Writing by .. both partie~ ·and $hall b.e partt>f the-written · repu r.chase ·agreement exercls.ed by the .city and · the : approved couriterparty; Page3 ' The ;Clty has the::optlon ofvacying , tlle:•dollar·amount and '':the timing 0Hhe 1 draw,down by ~n agte~CI upon P.¢r¢entage ofth.~ antlcipated.,c;lraw qoWn an.d a spe.ciffed · nlfmber of <1~y$, The City afld tJ1e·· counte 'tp9rty t<l (he :~greerilent ~ill specify the d.etails <;>ft~e allow~91e. variance '. when the agreement ts structured . In addilioni the C'ity may · draw down · lh exe::e.ss· qr tM variance Lip.to fhe remaining, balMce in the agre.ement fQf a borna ·fld.e, unao~c;iP.atecJ c~sh .. tieed ! . . .. . • Col!ater~I . ~hall :have a mintmum m~rket v~hJ.e (fncluging. a¢ctued i.tite(est ~c¢Uh:luJated) of atieasHo:2 percent:orthe dbflar ·v~lue oflhe transadloni . . . . . . . .. . .. . . . . .... . ... •: R'epurchase: agreements shalLbe entered i hto onlrwith dealers who are authorized by the DilecJot: ahd tl~ive E!Xecuted'·a OitY, appi:O.VEid Master) Repurchas.e. Agfeement;· .. ·• the, Oirec;;to.r shall:m~intaifi·.a.file«>fall e~~¢l!t~q Ma.sterR~Pi.lr¢hi;i.$e ,b;greerne:nts; • TM~ fit!~. tg 9r>a :p~nectfi~ ~e¢µrio/ 1.ntet~sfiri" seq.utities.J alon9 Wi~tt ~n~-:nec:e~$ary tta.r:i.sfer dC)qyJ'Tj~nts, ltl')J~t pe:trao~ferred ;ah(:I ac.;tiJall!( (:lellvered to, an·d.,~h,all li~· hc;il~ b'Y; tf'l'e :Qlty'$ third ~party custodian bank: :acting as safekeeping agent.. The market value of the coU~fe.taJ se¢uritics ·shall b.e ·n'latke.cl-to-the~m~rket qflea$tweek1y : basecfoi'l ·the closh:ig bief: prit:e ~t the ' t.im~ th~ ¢ll~tqdl'an tot th.~ qt>ilateral !sst1es Its· n:wnlh!Y statement to. the Clty~ . . for.tM p4f'P.Qse qf;ther.sectior.i; tbe ti:!tm "qol!~tefal "' sl'lalJ mea1t ''purch~s~d securities~' Ur\der f~e terms 9(the city:approved Mas!e r Repu,rchas·e Agr~emen~ •. In no 9~$.ewilt trva:m~turityof the collateral exceed 10 ,years , 7 ; . Tim~ Certif!<;:~t.es of.Depo sit 11yi~h .~ m·a.xl t.num . matµrity of'five years or saying~ ac.aaunts · iri' state · or national banks or state. or federally chartered ·seivings banks . operating In Colorado that' are· state approved deposJtorieS" (as· evidenced by a .certifieate . ·.issued by 'the Stafe s~.f:i~lb .. ~ .S:P'.arq}.· ~ar.q. ~:f~· !t.s_~.r.sd ·: .~y 1ttJ_~· ~01c·::._ cc~:.t:p-~fe~ ~f -~$p .o~!.t_:'t~2t· --~~·¢~~~:; th~·:_ FD!.~ ins1;1,red ~rnow~t sh~IJ be Qo)ta~erahz~tf ill aQcorda.nce With the :Goto·r~dQ.' PuP,!jC" Deposit Protectfom Act . The coiiaterai shailhavea market value equal to orexceedlng <10~ percent,of the dift~r¢nce b~tWeen th~"ihsuri;id arnount .·ahcl ttie ·CilY'~ totaJ d~po.sits· tot aU ;furids "Withio: the ln~titufiqn , · · · 8; Money M~tk~t . Muli.~af FutldS: registered ·un~:er th0 1)1\iestm:ent Coinp;:tnY. Act: 9t 1·940' t~at: 1}. are ".no.toad" (Le;!: no :commlssi.r:nt. or fee .shalt be: ch:atg.ed 9n pt1rcl)ase~ or sa.l~!l of sh:ateS:)'t 2} have a consfanf. netassetvalue per share' of $1.oo;,'3) limit assets . of the fund fo ·,seourities <:!uthorized bt state . statute; 4) have, a maximum stated ' maturity and weighted' aver.age maturity.in apcqrdance WithRµle 2a~7 of the Investment , Company Act qf'1.940i at'lcJ, 5)ttave .a rating .of AAA.m by Standard andPoor's, Aaa by Moody's or AA.A/VJ+ by Fitch , : 9,; Loi::al Governmentlnvestm¢nt Pools as ,authotized . Lincler CR$ 24~ 75~.?0~/; 10. !=>rime Bankers., Acceptances, rated ' at teastA;.1 by Standard & Poor's, P~1 by Moody's, or F1 by· Fitch artne time ofpuro!J~se bY at leasttwo services that rale them, witti 'ci· r'ii<;Jt\Jrity of six months or less issued on domestic banks or branche"S; of foreign banks domiclled in tHa O,s, and; operatlhij ; under U.S. banking laws. Accepting ; banks, must have a seniOr debt ratin9 of A2 by Moody's af'ldAbyStandard &.Poor's .• 11; Prime, Commercial PaperwitM a: maturity of 270 days orless which, at:the tlrne ·of purchase; is rated : at least A~1 by Standard & Pooi{S,P"-1 by Moody's, or F~l by Fitch. a). At the-tirne of purchase ; (he corpmer~i~I paper mu.st be: rated· bY,, at h~as~ twb of ~~e above ,sfated rating agencies atthe stated minimum rating . bl lf''the commercial paper issu~r has senior debt outstanding, the .$e,hior' debt must be · rated ' a~. least 'A2 by Moody's·, A by Standard an.d Poor's, or A by Flt¢h ;. 12 . Ce>rporat~ Bonds issued. by a corporatit;>n or bank with a final maturity Mt exceeding three years from the date of trade settlement, rated at least AA-by Standard & Pcior's , Aa3 . by Page4 • • • • • • Mobdy.s,, or AA~ by Fitch at the thne · of· pur~hase Jn :at leaS:t two. setvit:;e.s:,, Authqt!zecf corporate J:ioods: ~tialf be::q .s~. t!oHar. ~eoqmJn~teg ·"~"~ f~svet:! ny COh><:\r~tf9n$· or9!¥llzetf ~ni:t op~tatihg Wi~flin ·.t.he l,Jhite1'.il' St~.tei;i The OltY h~~~q.y fllrt.ber authorizes· investments ;· lridollar derie>mrn;:\ted securitiesdss:ued bra corp.oraHbn o.r bank·tbaUs . organized and. o~e~atipg Withfh C.anacla: or AUcSfralia,. not .. to ·excee<'J 10~::p.ey ¢0.u:ntcy Af t~!ii. tiro !:i, qf.piJr¢1'.i~se~ ·· · 1$·. G¢!'ie;;;t.i or R.~Vef)'iJe obligations of any .. stafe !h tbe· Uni'fe:d States ·or any, poltticat subdivisloi'h lnstltutlon, ·or authority of such a government eht.ify; MJ.it:1l¢.lpal P..~trd.$ mu.st ~e r-at.e<:t N .bY Gtan:d~r d, & .Pqot'S1, A3' .by Mt)opy'$, ot A,. IW Fite~ at tb:e., tfrnt;; !:>f P\.ITG}ia~~ l;ly ·a·~ Je?$t two: $ervJcesff'tht;ris·su~ri~ loc:ated 'in Colorado. Municilpalbonds mustbe rated '.M· by-Stande1rd. ,& p·oor's·,. Aa3 byMoody!s ·orM•, by Fltch .atlh.e time .of putchase t>Y atl!;iast·ti#Q. $e.M¢e$. ff the iss.U.er is locat'eC! outside the . stale -of Colotac;lo •. Th~ m~.rtn:im rn~turity f9t mun[bjpaj .boMs · is five y~;:its. Se.curl.ties thatha.ve PE:len downgraded bel6W tniriir\1Uh1 rating~ descrip.ed herein tn~y ·pe sql(i :Cit held: ~t the • ylty's discretion. The P .. ortfoUo Wfll. be ·brought bac~ int,o c~mpllance : with Investment PQllC:Y9:i:.ildelines·~~ soon .as is practical. OTHER INVESTMENTS 10$· the · iot.ent .of the oCity that the foregoing list ofauthorlzed:;s.ecuriti&s be st(lctly. lnt.erP.teted.. P:\nY. deviation from this list must be. pra-approVeCI PY ' the 1 Dit~otot [il writiri.!l aft$t' ~PPfOV~I bY· tM City ... ., .. ~flrl!n.aget: .. "" .,.,,. .... ·«·· , ...... ,.. ..-. ....... " ... · .•. ., ........ _._ ....... ., ......... ,, •. , .... , •• , ""'" , ·" , .. .. INVES'rMENTDIVERSIFICATlbN: It is the intent of the CitY. to dNe.rsify the in\ie$.trn¢nt iiistrqmemts · Wit!1iri the portfolii;! to avoid incufr!fi.i:J ume~S<>tral;iJ~ nsks ih~Eireo:t Jn ovi;lr investi119 lrt sp~biflt?· instruments; indivtduai finandial lnsUtutioi'\s ¢Ir maturities; The asset allocation ii1 tbe portfolio should; however, .be fleX.ible dep.endlng upon · the · outlook for the e.conomy; the " s~ourlties market, arn;f' th.e (:lty '~ ·CCiS-h . flow, ne.eq$:; · · · The.·City may invest to ·'the following . maximum lirrilts iwith .irt e~ct.i .c~tE!gor:y: • 50% in Certificates of Deposit • 40!1/o in >Commercial .Paper:, 5% rn any one issoer,Qt its affiliates .or subsidic;1rie.s • 20% In Sankers .Accf;lptahces, Q% in any. one issuer qt i.ts affili.ates or subsldlarles • 30% in ,Corpora~e.Bqndsi S% irtany,orie iss'uer or its ~ffillates .ofsubslqiarles • 30% in, M!.ihicipal aonds, 5%· in any one iss,uer The aggregate ; inve.stment ih Corporate Bonds·, Co.m.mercieif' Paper:, . and Bankers Acceptanqes shall rioH~xceed 50% of the ,.portfoli(). . re:sts for limltattons ·on percentages ofhololngs appJy:1oJhe composite of the entire pprtfoli©·ofltie· city, ·not to ihdivid.ual portfolios maintained by the. City. .P.ercent~ge li11Jit~~ions y$ed · fot meastifem:emfs are: t>ased on the percentage of cosfvall.1e Qff'1eportf6tie::kat the:time:ofp.urchase~ INVESTMENT MATURITY AND LIQUIDITY Investment$ 'shall. ~& lhpited ti:>' r1iat1,1rlties n9t: exceetjfng (rye years" from the . date of trade set~eh:IE!nt , ln addition; the weighted aver.age. final maturity of the total portfolio shall at. no time · exceed three . years : · · · · SELECTION OP BROKER/DEALERS • Page5 ThE:l PJrecta,r $hall fuainf~i.n a Ii.sf of bl'oke~ld.e~ler~· apprQ\tecf for JnY.<:lsfment purpo$e$ {see APPl;!t:li;Ji~ IU},, :~nd, 1l' ~fi~I! qe the; ,ppli,¢Y· qf th~ QitY' tq P.litetiC!S.~ $'E;}Ctintie~ on'ly ·' ftQlil :th()s~ ·aoth0rizedfirms",-; · 'TO be. eJigibl~\:~ fll'.i)lJpt),$(,tij~et ~tl~~st MEH~f the fqlld\lV\l'lfj .· crl~eria; . . ' 1 ... be r~gogpjzf:}q ~s ·~ f'rim~'IY: pe~lerby ~he. F'e<t.er:~t 1'es~rv~· !31111.~.of: N.ew1Y9rk.: or :have a. primary dealer within their holding company sfructurE!~· Z r~pq~;ypl\J..ti.t~ri!y !b ·iti.~ f~~~! R'e$·~rve ~~r.IKof'New ·yot~. . . .. · .. ... . . . .. ~. qU~JifY Qi)~~r ·S~PQri~e~· l1if)Q E~t:lha.tig~ Gdl)1tl'll$sl9h' (SEP) R\lf.~, 15~,,a '(UtiiJ9{1tl N~t capi~al Rule} •. ~rbket/df!~lers W.ill IJ~, s!]!l~cte.9 . by th .~" bl rec.tor ?J'.f ¢~ basla• oft.heir ~~pertis~; .kr pqbli¢. cash. management:and'.their ability to provide .servfcetotheeit~'s ·account In the::e:ventJhafan external lhvestment· advle·or is; n0t. u~ed lh the protess of recommending ; a partlcul~r tr~nsactfon-fn the · Ci.tYS pQrtfoUb, ~'riY autl}9ri~.ect t:Jr9ker/q~aler, .(J"QJ'.j'I wnom .a col)'ij:jetitjve bid 1$ Ab~aifi¢c( f oft.be ti::;!rtsactibn wiU ,att~st Jn· writ in~ that; he/she has .recelved · a con ofthls''POli~yu:~nd sn~lf :sobrnit and annually· upd.ate, a.' City. approved. Broker/Oe.alE!r lnfb.rmat(bn Request' form . .wOlch Includes lhe. firm'$ roost re.cent finan·¢i~l ·;:;t:!tements.. · The City may purchase Oommerc1aJ Paper:from dire.ct issuers -even though they are not on the apptoved Jisfotbfol<ef/!;IE!Eilers ·as long ~$·tMy meetthe criterlq-outlihet;t lri lt¢m 'ltoftM Eltgibl& lhv~sf!'flents an~ Trans*tiohs section' ofthis Jove$~.ttieht PoUcy~ · . •"":, -.::.... ~ :· COMPETITIVE TRANSACTIONS Each. !nv~~~menttr~n$~'¢t!<:»n i;:h~!! lti:! c:O'mretitivet~ tran$~ct~d With aut.hQr:tzeljl :.~tol<efld~~'!fets, At ieast thtee 'broker/d:e-alers shall be contacted' for each transaction and thE!ir biefand , offsring prk:es sh~H be:recorded. · . . ;lft.~e. qitv.ds.'.off~red ~· security for w,hloh titer~ 'i$: no' i;>ther, readily., ay~ilable: c<:irnt?~ttti\le off~rlng; thencthe bir.eofor will:documeflfquotations for eomparable:,or alternative securities:,, s ·ElECTION OF BANKS. A$, 'DEPOSITORH::S, AND. PROVIDERS OF .G'ENERAL BANKING SERVJCES: The City shall rn.ainf!3it:r aJisfof ~anks,·approved to ,ptovr.de: b.anking; service$, or ff.om. Whom lM City may purchas.e certijic~tes: of deposit .. Ba11ks in t.he jUdg.nient .of the Director no longer otfeting adequate· safety .fo the Gity ·will be: removed fromthedist. To ba eligible for authorization, a bank shall qu<11ify as~ deposit<:>r;y of public ft.mds in Cob:>rado a·s defined .in CRS ·24~75~60.3. · · SAFEKEEPING ANO CUSTODY The :safekeeping and cusfooy of securitie~: own~d by .the City shall be mam~ged in accor(lance with. <ilPP![¢.abl¢f~det~I ~Pi;J ,Q'olorado ,J~ws,ang rn.9V.!ations! · The Director shall approve one '.or more banks: to .provide safekeeping and custodial s:ervices .for the' Qity: A City; a1ipi'0vec;t $atek~~plng Agreement' sh~n b.~ ·exedu\ed 'With each, ~~stodlarf }J.ank pJior to utilizing-that: ban~'s. safe1<e1:ip1n·g, services., To be eligible, · ~··· bank shal! qucillfy as a. deposit0cy. of publlc funds ih the s·tate.:;of Coioracio as definedin CRS 24q5~603 : and be: a Federal R~serv~,n~11a.111l)ef.' financi<1I institutkm, Custodian banks will be selected. on the basis . of their ability to · provide sel'\/lce fo ., the City's accQ\ir}taiid. tbe competitive pricihg of their safekeeping relat~d ser\iices ~ The CifY'~ design~ted custogian ba11k iS, §et fortf1 in f\ppendi~ IV of this lnv.estment Policy. · · Pag&6 . • • • • • • The ;Pllt.Phase: and sale of secµtiUe$0arid:repyrcn;ase agreenieht. tr~nsactidns shall be· settle.d ofi -a. deriv~ryvetsu$-·paYment basis •. ownership of ail :seci:iritjes, sh.all b.e perfect~d irt ;_the harfie of the Clty~ and sufficient evidence 'to title shall be conslste-nt :With modern investment; bankln'g: anGI oorfimercial :practices .. AIPlnvestments purchased by the ·CitY .shall be del _iver.eq by:'p9ok entry afl'd 'Will'.l:l~ h~l~.f ln ~hir(I~.· party. SCjfekeeping by :the CitY's designated: ·custodian 'bank' or the , Depository 'trust C:orripany· CPTQ};. .. . .. . AIJ .. Fed.wireable: book entry. securities owned by the . .City shaft be avid~m:ced by a safekeepin9 re«:<eip~ or a. oustqmer corifirr:ttati~n issuad · to the City by the CliStOdf ~n Pahk' . ~t~ting : that th~' seeuritie.S ' at~ .held 111 tlie · Federal Rer;;.erve :system in :a 0!,lstQmet A¥toL1nt tar the cl.lstociian bariR which will name the City as •customer.1' All DTC ef!gibie sec4rities .shall be held in 'the. custooia.hbat'lWs Oeposifo.l)i nu~t C¢mpa11Y(QJC} partieiipant ,account and the custodian bank shall issue a ·safekeeping receipt evide'ncihg 'that ~he' securltle$.are held·fc:>r the City as ''customer.'' The Cjtfs custodian will be req\:iired to .furnist:i the CiW with a monthly report Of secqrities h~,ld 9,.$. well as .ar:f accGium analysis ' report ofm.onthly secuflties acti.ylty , PROVIS.IONS FO.R ARBITRAGE . Tli~~Ci~ p¢r!odlc~lly lss4es. d'ebt oplig~tions -whk;h a i·~ ;;;ubjcil:.t t-0 the pr\>vi~iot1s.,9f met ax Reform · Act of t986 (~e.ction 14BF:); Arbitrage Rebate Regulatior:is:., Due to the legal compl.exlties of atl:li.ttagedaw and.Jhe necessary Immunization ofyi~ld (ev¢1~. the ·prooe.duras .unaertaken ii1 the -reinvestment :pf aJI or a Portion of the · procel'!ds of~Uch. del?t issi:iahce may extend: beyond thOS!:! oudined in this-Investment. Pcillcy. The Dlrector, upon 3dvlce-·from Bond· Counsel and finandal advi~ot:S,;, may a_lter provlSioM of this Investment Policy .for arb.itrage relateci 1nve$tments, ct$ may be -necessary tQ confor'rtl ,WJ(h feqeral arb.itr~ge tegqla~PflS. Jri all caS¢~, howev,er, {r'(\,(ef?tmefitS will bedn eornpliance,wlth Oo.ldrado. Revise-d Statutes; This .section is .tmly app.licabte ·to qlty-f4nd$. subject to arbitrage. restrictions ; REPOR1Uf...IG . An ih'Vestil'leht ::report Shall be p'repared, .at l~a$t on. a .monthly basis ; listing the investments held oy the City; ·the current ma.rk:et ve1h1ation;. of JhE! investrne~ts and pertpt)Tiance results ; 'TM monthly. investmentreportshafl .be submitted in a tirne'lym<mnerto the'·CityMa.nag.er and the ·GliY Council. A record shall be maintciined by the Department of Finance and.Admlnis.tratlve. Se.rvices of all !)l(:ls -and offerings for se.curfties ·transactions :in orc;ler to e11s\li'e that th .e City receives coQipetitive pricihg, T!le City N~,$ esJ~bJishe(l . reporting and acco1.,1ntfhg . standards for callable u .s~ Instrumentality seci;JrU.i¢:s, C-aHaple securities may pe retired at the issuer's• option. prior to the stat~d maximum maturity.. All seeurfties hoiding reports far the ·City shall disclos'e the.·stated maturity as' well as the first. caO date of each callable sec1.,1rity held.. ·In th ii case of callable secqrifles which are purchas1;1.d ptic~(:I to . tt;e fir$t · caltqci~e anc:t.. 111 Jhe opin.iqh oft.he Di.rector ; have a:o overwbelming. prol:la~llity of' being c.alled on thei first.call<;late, Wf;llghted averag~ maturity" a.mo:rti:Za;tfon ·C!s·wen ·asy1e_1a sn;:iH ~e calculated using the; first oaU date. The Director me,y, however, choose 'to use. a n1rthe.r call date rnaturi~y .. date fpt reportihg purpose:;; when cc:indilions mahQate .. PERl=ORMANCE REVIEW Th~ Di.tectot ~.hd Jne: Gity Manager shall meet at least q!Jarterly to review ·the portfolio's adt;erence. to appropriate ris~ levels a.nc:I to compare the portfoJjO':$ totaJ rett1rn to, th~ ~stabUshedinvestrnent objedives and goals ~ Page7 The; Oli"ectot shall peliodieally establish a .benchmark yiefot torthe City's: investrnenfa.·which shall 'be ~qui;1i ~Q · th~· ~ve:r.as~: }'leia 'cm the l:.f:s.:.·rre:asucy secuiity which most closely 'correspQnds:-to the ponfolfoia. actual. effective weighted average: matµrityi When cornpar.irig ' ttie ~p;er:f Philanq~ of the Cfty,'a ·,pottfollq, c;1ILf.~$.~. antt eic~n$.~S, inVtjlved Witt'.! m~n~gfog tl')e' pqrtfolio. sho~Jt;l J:>;es: lh¢1J;t ~~~ in the cdtni:>lltc:Jtf~m o.fthe portfQltois 0 r~t~ <>.t-re;tymi Pages • • • • • • P©LIC¥Rev1s1.0.NS niiS. Jnvestm~nt PoUe;y will be revievvec( penodjcally PY Jhe .orrector .~lid may be, am.ended as co:ndjti()hs W!;lrraht l;ly the City M~1iagetand \IJ~ Oi.ty Q()u[1¢11.. · · Pr~pared by; }s/ P'r:ank GrygJewiez orrector offinancei and Adrnihistrative $~r\/ic·e.s· Approvecfpy:Oity Coi.Jncu s,eptetnp~r 17 •. 1~9-P Amend13d by Cify Co1.Jncll .December· 1~. 1991, Amended by Cify Council April 5, 19.~l . Amended by .City Council J1.Jhe .ZO. 2005 Am anded by. City Council November 3, 2008 Amended by .. City Gouncil f"ebruary ta, 20f2 St~te of G¢loraqo,.,County of Arapahoe: Prep~recf py: /st._~-----------­Kevih Engel$.. AocquntiJ'lg M~M.9eY Arnehde~·~Y City Council Sept~mb~t $t 19~$; Amencted bYCity CPuncll Decem~er 1:s, 1997 Am~nded by·CitY Council Fe!:irua.ry 7,,~ooo Amended by. Ci~y ·Council October 16; 2ooe · ·Amended by City Council OctobeJ ;), 2.011 Amended by:Oity .Council February 19, 2()13; r, 'l..oucrishi.a. A. Ellis, City Clerk ih aiJd .forthe City of EnglE;iwoocl. i.n tne "$late: afOr~saiq, d.o hereby certify tha! the. foregoing is a fun, ttye ancr correct coPY .of the Investment Pollqy· as the :same • appears upon the • records of my officewtlich are in my custody. ~jVfih unq¢r~yhandandofficlatseal, tpis __ , Isl Loucrrshia A. Ellis City, Clerk APPEN01Xl ,,Authpri:t~d Per$onnel Th$ fall9vying p~rsons ~are at;ithot,iz(ig.,tq gop~Uct iQVe$tmel')t trahsac:tions and ,wire tr$nsfeffUMs . ·on behalf ofthe Cityof Englewood:' Keyjl1 .Engel$; Accqµntlng Manag:eri Kathy Cassai,,Ac:c::ountarit ChriStfne Hait; Accountant Ftai:ik G)y~leWicz, DiteC;torof' Financ:e.·.and,AdministrativerSerVices Page 10 • • • • • • APPENDrx :n Tha foll6Wing :firrns .have .executeg .a City 'app.rovec;l IV!aS.tfir R~pC.u:c::has13 A9reem¢ntwl.th ttie CitY of Ebgfew(Jod , ·. ·· · S~nc of'Arnerica Securities, LLC fylqrg<ll'.l Sli3rj)ey PW HJq. Agreement~ mai.ntained in separate file . Page .. 11 APPENDIX Ill Authorized Brok~r/Dealers (Jnd Financial Institutions· ihe folfowihg' fir.;ns :a:re ~pproy~dfor investment purposes· by the City'ofEnglewoO:d. Biar.olaY,s Cfipital . . . .· Qtngrt>up , Gtob~f Matk~ts.i Inc;, Jeffei'les & Company, Inc; J.P . Mwgao Seeuritles: Inc. M~rriltLyi'i¢ti,·.PiE!rc~· •. Fenn.et & Smitp ·1nc Mizuho sectttitfes USA. Inc, Morga:n Stanley Smith B.arne.y Rayri;ond :~arri.~rs 8! As$otiates RBC-Caplfal Markets Ct;>rporaUon UBS Financial Services .lnc, Page 12 • • • • • • APPENDIX IV Th .a toUoWiri9 b.an.k .is ~uthQrii~c:f: as lh.e design~~¢"q · cas~or;li~l :~-.:1nkoti:!r tpe Glti of Eri910wooq: Wells Fargo lnstltufibnakRetlrement and trust 174.0 StoadW~Y MA;Q#·CT390·1,Q5i ri~nv~r~ co80~74: Page 13. EXHlIHT B FER. S'CHE .DULE 'The· Fee Schedule appl.kahle to the Account is 0asiollo.ws; As$ets : I;Ip: to a;rt4 hg:luding:the f!ts,t0 $ZS 'millio~ Amo.unts :qvet $ZS i:nillion Annual Fee: fb basispoi:rtfa·:(A'..0%J 7 b;;isis pQi'gts ·(;,07%) The fees fotirt.vestit1eri.t advisory .servkeS'will btl.cl:iargetin10.nthly based ctn t)le average Q:i~rke;tv~lu.e of the cash ani;l securities iil the Aq::ou.nt. (an , avetage ofl~st mo nth' s ending n;1 ark¢t.value ·:goq the ¢(1.:rrert t m.onth' s ending market v.atue), A pro J';:lfa.. pO.t'tion df the ·Cinnttal fee (1/12). is billec:I each; lllqn..tl:tf~t< Wl:Hcb this Agreementisin.effect . · ·· Monthly, fees ar·e based on the schedule. outlined above; but at no time shall the monthlyJee be less tbat1 $2,ontt ·· Page 9 of9 • • • • • COUNCIL COMMUNICATION Date Agenda Item July 18, 2016 INITIATED BY UE WWTP Supervisory Committee Subject: 11cii STAFF SOURCE Beneficial Use Farm Tractor Purchase Dennis W . Stowe , L/E WWTP Plant Manager Jim Tallent -Treatment Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the capital purchase of one, low ground pressure, rubber-tracked, farm tractor in the 2016 budget. RECOMMENDED ACTION The action recommended is to approve, by motion, the purchase of one, low ground pressure, rubber-tracked, farm tractor from John Deere, Inc. (Model 8320RT) in the amount of $265,497 .13. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Rubber-tracked farm tractors (2 currently in service) are used in the Beneficial Use program to pull manure spreaders in the application of stabilized wastewater biosolids in our beneficial use program . One tractor (purchased 1999) is budgeted in the 2016 Beneficial Use budget for replacement. This replacement recommendation for a low ground pressure, rubber-tracked farm tractor is being made for the following reasons : • Soil compaction is reduced . Repetitive, close-row application of biosolids with a rubber tired tractor results in more deep soil compaction. Low axle loads on a rubber-tracked tractor reduce this deep soil compaction allowing for increased crop yield . This is an important farm management practice. • Ground slip is reduced resulting in less field damage. • Current tractor (8200T) is underpowered to pull large spreaders and has difficulties pulling loaded spreader up inclines in application process . John Deere, Inc. and NJPA (National Joint Powers Alliance), currently have cooperative pricing agreements, which is the basis for this quote. NJPA's cooperative contract purchasing leverages the national purchasing power of more than 50,000 member agencies while also streamlining the required purchasing process. As a municipal national contracting agency, NJPA establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. This cooperative is similar to state bids . • This quote also includes a $22,000 trade-in allowance, from the dealer, for the 8200T tractor. FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton . Purchase price is under the budgeted amount of $280,000 for this unit. LIST OF ATTACHMENTS 1. Capital Outlay Request 2. Price quote from John Deere, Inc . • • • • • • 2016 CAPITAL OUTLAY REQUEST l Department: LIE WWTP I Fund/Division: 90-1702-61401 Description of equipment or object expenditure : Farm tractor Explanation of necessity or benefits of this expenditure: Current unit (I 999) is under-powered to pull large spreaders. Unit has difficulties pulling loaded spreader up inclines in application process -drivers slip in tread. This is an early request for replacement as normal expected equipment replacement life is 20 years. Total costs of placing equipment in full operation: Estimated Costs Unit Cost Total Cost Purchase Price 280,000 280 ,000 Installation Total Less Trade-In Total Net Cost 280,000 280,000 Annual Operating Cost Total First Year Cost 280,000 280,000 Is this expenditure necessary because of increased personnel? No Recommendation for equipment displaced: Trade-in or auction Approximate date of purchase: Fall 2016 List and describe similar equipment in department: 2009 John Deere 8330T Purchasing Agent 's Comments : City Manager's Review: Approved: __ Not Approved: __ H :\Administration\BUDGET\2016 Budget\1702-2016\2016 Beneficial Use budget.docx • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION AW ARD ING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF A BENEFICIAL USE FARM TRACTOR FROM JOHN DEERE, INC. WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested to be approved by resolution declaring the reason for the exception to the competitive bidding requirement; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant uses Rubber-tracked farm tractors in the Beneficial Use program to pull manure spreaders in the application of stabilized wastewater biosolids; and WHEREAS, soil compaction is reduced, repetitive, close-row application ofbiosolids with a rubber tired tractor results in more deep soil compaction. Low axle loads on a rubber-tracked tractor reduce this deep soil compaction allowing for increased crop yield. This is an important farm management practice; and WHEREAS, ground slip is reduced resulting in less field damage; and WHEREAS, the current tractor is under powered to pull large spreaders and has difficulties pulling a loaded spreader up inclines in the application process; and WHEREAS, John Deere, Inc. and NJP A (National Joint Powers Alliance), currently have cooperative pricing agreements and have established and provide nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contacting Law, which is similar to the State bids, thus providing the sole source best offer for the purchase of John Deere Rubber-tracked farm tractors; and WHEREAS, the cost ofthis purchase will be shared 50/50 by the Cities of Englewood and Littleton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the negotiated contract from John Deere, Inc. for the purchase of the Rubber-tracked farm tractor to be used in the Beneficial Use program to pull manure spreaders in the application of stabilized wastewater biosolids, in lieu of the competitive bid process as allowed by Section 116(b) of the Englewood Home Rule Charter in the amount of $265,497.13, attached hereto as Exhibit A. 1 ADOPTED AND APPROVED this 18th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • • • • D JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Prepared For: City Of Englewood Wastewater Treatment 2900 S Platte River Dr Englewood, CO 80110 Business: 303-762-2392 Equipment Summary JOHN DEERE 8320RT Tractor 4RIVERS ..... ""'--~---· EQUIPMENT ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: 4 Rivers Equ ipment 4225 N. Strasburg Road Strasburg, CO 801360237 303-622-4207 ccrouch@4riversequipment.com Quote Summary Delivering Dealer: 4 Rivers Equipment John Crain 4225 N. Strasburg Road Strasburg, CO 801360237 Phone: 303-622-4207 jcrain@4riversequipment .com Quote ID: 13378319 Created On: 18 May 2016 Last Modified On: 1 0 ~A"''·' "If'\~~ ' -·~ ·-;, --~ ' - Expiration Date: 20 June 2016 Qty Extended Contract: NJPA Ag Tractors and/or lmplements_021815-DAC Price Effective Date: May 18, 2016 Equipment Total Trade In Summary 1997 JOHN DEERE 8200T -RW8200T902004 Payoff Total Trade Allowance Trade In Total Salesperson : X ____ _ Qty Each $ 22,000.00 Quote Summary Equipment Total Trade In Sub Total Total Balance Due $ 287,497.13 Extended $ 22,000.00 $ 0.00 $ 22,000.00 $ 22,000.00 $ 287,497.13 $ (22,000 .00) $ 265,497 .13 $ 265,497 .13 $ 265,497.13 Accepted By: X ____ _ Confidential E x H I B I T A . D JOHN DEERE 4RIVERS Selling Equipment EQUIPMENT Quote Id: 13378319 Customer Name: CITY OF ENGLEWOOD WASTEWATER TREATMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: 4 Rivers Equipment 4225 N. Strasburg Road Strasburg , CO 801360237 303-622-4207 ccrouch@4riversequipment .com JOHN DEERE 8320RT Tractor Hours: Stock Number: ontract: NJPA Ag Tractors and/or lmplements_021815-Selling Price * DAG $ 287,497.13 Price Effective Date: May 18, 2016 * Price per item -includes Fees and Non-contract items I Code Description Qty List Price Discount% Discount Contract Extenaedl Amount Price Contract a.:-- I I '"'V 07JORW 8320RT Tractor 1 $ 23.00 $ 80,251 .14 $ $ 348,918.00 268,666 .86 268,666.86 ~' :· '. . ,:t.Stal'l~~fd :9~9~~'7::P.~r:,IJ .~i~h':'~ 0202 United States 1 $ 1,900 .00 23 .00 $ 437 .00 $ 1,463.00 $ 1,463.00 0409 English $ 0.00 23 .00 $ 0.00 $ 0.00 $ 0.00 0500 No Package 1 $ 0.00 23 .00 $ 0.00 $ 0.00 $ 0.00 680A Standard Mid-Rol lers 1 $ 0 .00 23.00 $ 0.00 $ 0.00 $ 0.00 1550 AutoPowr IVT Transmission 1 $0.00 23 .00 $ 0.00 $ 0.00 $ 0.00 42 km/h (26 mph) 2066 Premium CommandView Ill 1 $ 1,860.00 23 .00 $ 427 .80 $ 1,432 .20 $ 1,432.20 Cab 2660 Standard Radio Package 1 $0.00 23 .00 $ 0.00 $ 0.00 $ 0.00 2703 Right Hand Reverser 1 $ 0.00 23 .00 $ 0.00 $ 0.00 $ 0 .00 Lever-Type Transmission Controls 3037 John Deere PowerTech 9.0 1 $ 0 .00 23 .00 $ 0.00 $ 0 .00 $ 0 .00 l (549 cu. In .) 6 Cyl Tier 4/ Stage 4 Compliant Diesel Engine 3260 227.1 L/Min (60 gpm) 1 $ 0.00 23 .00 $ 0 .00 $ 0.00 $ 0 .00 Hydraulic Pump 3341 Four Premium Rear Remote 1 $0.00 23.00 $ 0.00 $ 0.00 $ 0 .00 Selective Control Valves with Electro Hydraulic Controls, Premium Couplers and High Pressure Relief Levers Confidential • • • • • • DJoHNDEERE 4RIVERS Selling Equipment EQUIPMENT Quote Id: 13378319 Customer Name: CITY OF ENGLEWOOD WASTEWATER TREATMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: 4 Rivers Equipment 4225 N. Strasburg Road Strasburg, CO 801360237 303-622-4207 ccrouch@4riversequipment.com 4048 9702 kg (20,000 Lb .) $ 0.00 Capacity 3-Point Hitch (Cat 23.00 $ 0.00 $ 0 .00 $ 0.00 4N/3) with Sway Block and Cat 4N/3 Implement Quick Coupler 4322 Cat. 4 Adjustable Swinging $ 605 .00 Drawbar with 50 mm (2 In.) Pin with Heavy Duty Support C804 .,500 mm (24 !n :} \Nidth, 185 1 · $ ·3,263;00 mm (7 .3 In .) Pitch 6841 7201 8064 8242 8251 8300 8726 8960 Camoplast DURABUIL T 4500 Tracks 1930 mm (76 In .) Spacing 1 Standard Lighting Ethernet Switch Radar, Dual Beam Sensor 1 Antenna Mount and Wiring for Business Band (2-Way) Radio Cold Weather Start Kit 1 Second Rotary Beacon Light 1 Weight, Front Support with 1 Twenty-Two Suitcase Weights $ 0.00 $ 0.00 $ 0.00 $ 946.00 $ 136.00 $ 145.00 $ 358.00 $ 3,038.00 23.00 $ 139.15 $ 465.85 $ 465 .85 23.00 $ ~750.49 $-2,512.51 $ -2,51.?..51 - 23.00 $ 0.00 $ 0.00 $ 0.00 23 .00 $ 0.00 $ 0.00 $ 0.00 23 .00 $ 0.00 $ 0 .00 $ 0.00 23 .00 $ 217.58 $ 728.42 $ 728.42 23 .00 $ 31 .28 $ 104.72 $ 104 .72 23.00 $ 33 .35 $ 111.65 $ 111 .65 23.00 $ 82.34 $ 275.66 $ 275.66 23 .00 $ 698 .74 $ 2,339.26 $ 2,339 .26 Standard Options Total $ 5,725.00 $ 1,316.75 $ 4,408.25 $ 4,408.25 ·';_.,. 1946 1820 1849 -. ·-~, ~> ... _: ·_ >-~~ .. --·r.~ _ ·::Z:::::·i~~·T~.~h~Q'~~9.i~-;~e~·~11!!.N~~g~qp~PPP!rtM..a~~~:~'.;,~-:;{;~~;.~.~~L~fr~;'.~:. · -'(>:~ 4600Processor 1 $1,500.00 23.00 $345.00 $1,155.00 $1,155 .00 One 10 In. CommandCenter 1 $ 6,660.00 23 .00 $ 1,531.80 $ 5,128.20 $ 5,128 .20 Display with GreenStar 3 2630 Display Auto Trac Activation -GS3 1 $ 6,000 .00 23 .00 $ 1,380 .00 $ 4,620.00 $ 4,620.00 with iTEC Pro Activation - GS3 1837 StarFire 3000 Receiver - SF1 with Deluxe Shroud $ 3,195 .00 23 .00 $ 734.85 $ 2,460 .15 $ 2,460.15 188K JDLink Connect -3 Year $ 1,200 .00 23.00 $ 276.00 $ 924 .00 $ 924.00 Subscription Included Technology Options Total $18,555.00 $ 4,267.65 $14,287.35 $14,287.35 ; >,: . .' ·.oeet1~r ~~c~m•11tSLNon~GQ.n~~t/O~JJ "1~~~t'.i<.';;: .. '.·.,. 'i< : .. 2.;I .· BRE10191 Battery Disconnect, Tracks 1 $ 174.90 23.00 $ 40.23 $ 134.67 $134.67 Confidential D JOHN DEERE 4RIVERS Selling Equipment EQUIPMENT Quote Id: 13378319 Customer Name: CITY OF ENGLEWOOD WASTEWATER TREATMENT ALL PURCHASE ORDERS MUST BE MACE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary , NC 27513 FED ID : 36-2382580 ; DUNS#: 60 -7690989 Dealer Attachments Total Suggested Price ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER : 4 Rivers Equipment 4225 N. Strasburg Road Strasburg , CO 801360237 303-622-4207 ccrouch@4 ri versequipment.com $174.90 $ 40.23 $134.67 $134.67 $ 287,497.13 Total Selling Price $ $ 85,875.77 $ $ 373 ,372 .90 287 ,497.13 287,497.13 Confident ial • • • • • • DJoHNDEERE 4RIVERS Trade-in ..... ~~---EQUIPMENT Quote Id: 13378319 Customer Name: CITY OF ENGLEWOOD WASTEWATER TREATMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Machine Details I Description 1997 JOHN DEERE 8200T SN# RWB200T902004 Your Trade In Description Hour Meter Reading Three Point 1997 JOHN DEERE 8200T SN# RW8200T902004 7027 3 Pt. -lncl./Opt: Incl Net Trade Value $ 22,000.00 Axle Rear Tracks 24" Total $ 22,000.00 Original Factory Build Codes 9416 7072 0986 2300 2570 9110 4724 BASIC WARRANTY EXTENDED WARRANTY (POWERTRAIN) EMISSIONS WARRANTY QUIK-TATCH WGT SUPT W/16 WTS TRACKS SPAClNG-72 INCH SGB W/HTAR STANDARD THREE REM CYLINDER CONTROLS RS W/HITCH(CAT3/3N)15650LBS. AM-FM RADIO W/CASS W/4SPKS. TRACK BELT 241N WIDE BASIC 24M/2000H PG 60M I 5000H 0500 SENTRY EMISSION 60M/3000H Confidential 18-Dec-1 999 17 -Dec-2002 18-Dec-2002 0 0 0 .• JOHN DEERE Quote Id: 13378319 ALL PURCHASE ORDERS MUST BE MADE OUT TO {VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 4RIVERS ................. ~---· EQUIPMENT ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: 4 Rivers Equipment 4225 N. Strasburg Road Strasburg , CO 801360237 303-622-4207 ccrouch@4riversequipment.com Prepared For: City Of Englewood Wastewater Treatment Delivering Dealer: John Crain 4 Rivers Equipment 4225 N. Strasburg Road Strasburg, CO 801360237 ccrouch@4riversequipment.com Date : 18 May 2016 Proposal For: Quote Prepared By: John Crain jcrain@4riversequipment.com Offer Expires : 20 June 2016 Confidential • • • • • • D JOHN DEERE Quote Id: 13378319 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 18 May 2016 2900 S Platte River Dr Englewood, CO 80110 John Crain 303-622-4207 4 Rivers Equipment 4RIVERS lloo..""-.~---EQUIPMENT ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: 4 Rivers Equipment 4225 N. Strasburg Road Strasburg, CO 801360237 303-622-4207 ccrouch@4riversequipment.com Confidential " "' ' r • • • 2016 CAPITAL OUTLAY REQUEST I Department: LIE WWTP l Fund/Division: 90-1702-61401 Description of equipment or object expenditure: Farm tractor Explanation of necessity or benefits of this expenditure: Current unit (1999) is under-powered to pull large spreaders. Unit has difficulties pulling loaded spreader up inclines in application process -drivers slip in tread. This is an early request for replacement as normal expected equipment replacement life is 20 years. Total costs of placing equipment in full operation: Estimated Costs Unit Cost Total Cost Purchase Price 280,000 280,000 Installation Tot:!! Less Trade-In Total Net Cost 280,000 280,000 Annual Operating Cost Total First Year Cost 280,000 280,000 Is this expenditure necessary because of increased personnel? No Recommendation for equipment displaced: Trade-in or auction Approximate date of purchase: Fall2016 List and describe similar equipment in department: 2009 John Deere 8330T Purchasing Agent's Comments: City Manager's Review: Approved: __ Not Approved: __ H:\Administration \BUDGET\2016 Budget\1702 -2016\2016 Beneficial Use budget.docx ·- Date July 18, 2016 INITIATED BY COUNCIL COMMUNICATION Agenda Item 11 ciii STAFF SOURCE Subject Biosolids Trailer Purchase Littleton/Englewood Wastewater Treatment Plant - Supervisory Committee Dennis W . Stowe, Plant Manager Jim Tallent, Treatment Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the capital purchase of two, rear discharging biosolids trailers in the 2016 budget. RECOMMENDED ACTION The action recommended is to approve , by motion , the purchase of two, rear discharging, biosolids trailers from Transwest Trailers (Model OLB36-102NG-HSW "Advantage Series" Live Bottom Trailer) in the amount of $175,971 .00 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Aluminum, rear discharging, trailers are currently used to transport dewatered biosolids from the Littleton/Englewood Wastewater Treatment Plant to application sites in eastern Adams and Arapahoe Counties. Originally purchased in • 2002, three trailers of like age and condition are beyond scheduled replacement in 2012. Due to favorable condition assessment at the time, the units' replacement was deferred until 2016. This recommendation for replacement is being made for the following reasons : • Trailers are at the end of their useful service life. • Maintenance costs are increasing due to off-road operation . • Steel trailers are recommended for longer service life, over aluminum. • Live-bottom construction of recommended trailers increases hauling capacity slightly, resulting in reduced hauling costs . In consideration of a preferred trailer specification, Transwest Trailers and NJPA (National Joint Powers Alliance), have a cooperative pricing agreement for $87,985 .50 for each trailer ordered . NJPA's cooperative contract purchasing leverages the national purchasing power of more than 50,000 member agencies while also streamlining the required purchasing process . As a municipal national contracting agency , NJPA establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. This cooperative is similar to state bids . This price does not include a firm trade-in or auction value for the used units . However, the dealer estimates a $6 ,000 -$8,000 trade-in allowance for each trailer, determined at time of order. FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton . Purchase price is under the budgeted amount of $230,000 for these units . LIST OF ATTACHMENTS • 1. Capital Outlay Request 2. Price quote from TransWest Trailers • • • 2016 CAPITAL OUTLAY REQUEST I Department: LIE WWTP I Fund/Division: 90-1702-61401 Description of equipment or object expenditure: Rear discharging biosolids trailers (2) Explanation of necessity or benefits of this expenditure: Current units 11 years old for planned 10-year replacement schedule . Hydraulics will be moved to tractor for weif!ht distribution/capacity improvement. Total costs of placing equipment in full operation Estimated Costs Unit Cost Total Cost Purchase Price 110,000 220,000 Installation -hydraulics 5,000 10,000 Total 115,000 230,000 Less Trade-In Total Net Cost Annual Operating Cost Total First Year Cost 115,000 230,000 Is this expenditure necessary because of increased personnel? No Recommendation for equipment displaced: Auction Approximate date of purchase: Summer 2014 List and describe similar equipment in department: 2002 SOMERSET TRANSFER-units (8474 , 8475, 8478) Purchasing Agent's Comments: City Manager's Review: Approved: __ Not Approved: __ H:\Administration\BUDGET\2016 Budget\ 1702 -201612016 Beneficial Use budget.docx RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION AW ARD ING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF TWO REAR DISCHARGING BIOSOLIDS TRAILERS FROM TRANSWEST TRAILERS. WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested to be approved by resolution declaring the reason for the exception to the competitive bidding requirement; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant uses rear discharging biosolids trailers to transport dewatered biosolids from the Littleton/Englewood Wastewater Treatment Plant to application sites in eastern Adams and Arapahoe Counties; and WHEREAS, the trailers currently used by the Littleton/Englewood Wastewater Treatment Plant were purchased in 2002 are at the end of their useful service life, and were scheduled for replacement in 2012 which was deferred until 2016; and WHEREAS, maintenance costs are increasing due to off-road operation and Steel trailers are recommended for longer service live, over aluminum trailers; and WHEREAS, live-bottom construction of recommended trailers increases hauling capacity slightly, resulting in reduced hauling costs, prevention of loss of liquids, requires less hydraulic fluids, and are aerodynamically superior resulting in reduced fuel costs; and WHEREAS, Transwest Trailers. and NJPA (National Joint Powers Alliance), currently have cooperative pricing agreements and has established and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contacting Law, which is similar to the State bids, thus providing the sole source best offer for the purchase of two live-bottom biosolids trailers; and WHEREAS , the cost of this purchase will be shared 50/50 by the Cities of Englewood and Littleton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the negotiated contract from Transwest Trailers for the purchase of two rear discharging biosolids trailers to be used to transport dewatered biosolids from the Littleton/Englewood Wastewater Treatment Plant to application sites in eastern Adams and Arapahoe Counties, in lieu of the competitive bid process as allowed by Section 116(b) of the Englewood Home Rule Charter in the amount of $175 ,971.00 , attached hereto as Exhibit A. 1 ADOPTED AND APPROVED this 18th day of July, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • TRANS WEST TRAILERS To: Littleton -Englewood WWTP Reference: OLB236NG-HSW, Littleton Trail King NJPA #(052015-TKI) Attn: Phone: Cell: FAX: 2900 S Platte River Dr , Englewood, CO 80110 Duglas Graham (303) 762-2618 Est. Completion Date: PO Number: Issued: May 25, 2016 Expires: Contact: Ryan Eidsness Phone: 720-394-1931 FAX: Email: dgraham@englewoodgov .org Email: reidsness@transwest.com Qty Item Category Description Weight (lbs) Unit Price Total OLB36-102NG-HSW "Advantage Series" Live Bottom Trailer 48" Direct Drive Live Floor 3" Pitch Roller Chain 82050 -Kingpin to Center of Last Axle : 35' 11 "" ~verall Length: 40' 7" wvverall Height (w/ 48" fifth wheel and no hopper extensions): 10' O" 2 Ply 3/8" Belt w/ Steel Z-Bar Support Hydraulic Tap Chain Oiler Overal Width: 102" Capacity (w/o extensions): 42.6 cubic yards Liquid Filled Pressure Guage (w/ air ride only) Center Mud Flap LED Lights 10195-Base Materials Hauling OLB36-102NG-HSW "Advantage 14,669 80,541.00 Series" Live Bottom Trailer Fifth Wheel I King 48" 5th-wheel height Pin Fifth Wheel I King Removeable King Pin Pin Hopper Sheets Alternative Option Selected. See Add'I Options Section Below. Hopper No Extensions w/ Universal Tarp 90 233.00 Shelf Exterior Sheeting Aluminum Exterior Sheeting 177 2 ,976 .00 • Drive I Hydraulics Single Drive (for payloads under 75,000 lbs) Belt I Chain Gravel Service Belt (3,274.00) $80,541 .00 $233 .00 $2,976.00 $(3,274.00) E x H I B I T A ~ (TRANSWEST) TRAILERS Belt I Chain Tailgate I Controls Suspensions Suspensions Axles Axles Brakes I Air 2 ... i-iub I Drum 4 Down Axie Wheels (inside) 4 Down Axle Wheels (outside) Lift Axle Wheels (inside) Lift Axle Wheels (outside) 8 Down Axle Tires Lift Axle Tires Ladder Lights I Electrical Tarps Flaps , Mud Guards & Fenders • Standard Chain Crossmembers (.120" Grade 80) Lock & Lift Air Tailgate : Electric Cab Controls Tandem Axle : (2) 23k Air Ride 160 1,943.00 $1 ,943.00 49" I 50" Spacing 518" Wall Axle -25,000 lb Nominal Rating (per axle) 21 k Standard Life Brakes w/ 6" Autoslacks (per axle) 2S1 M / 2S2M Anti-Lock Brake System S\e el H u b-Pil oted -Cast Drum (pe1 60 (82 .30) $(160..6~) axle) 8.25 x 24.5 10-hole steel disc wheei 64 10.00 $40 .00 • (per wheel) ILO Std 8 .25 x 22 .5 10- hole steel disc wheel 8.25 x 24.5 10-hole steel disc whee l 64 10 .00 $40 .00 (per wheel) ILO Std 8.25 x 22 .5 10- hole steel disc wheel No Lift Axie No Lift Axle 11 R24 .5 General HT 14 Ply (per tire) 64 24 .00 $192 .00 ILO Std Tire No Lift Axle Ladder Over CS Fender (std location) LED Lights -DOT Required w/ Midturn Alternative Option Selected . See • Add 'I Options Section Below. Aluminum Front Fenders TRANSWEST TRAILERS Flaps, Mud Aluminum Rear Fenders Guards & Fenders Flaps, Mud Front Mudflaps : Short Guards & Fenders Flaps , Mud Interior Mudflaps : None Guards & Fenders Flaps , Mud Rear Mudflaps : Post-Mounted Flip- Guards & Fenders Up Landing Gear Two-Speed (crank road side) 165 738.00 $738 .00 Spray System No Spray System Document Holder Document Holder: 4-1/2" Round Paint Grey S7230 with black decals (735- 489-029) Decals Black Logo and Stripe Custom Options 82133 (OLB) Dual LED Spotlights 2 628 .00 $628.00 • (std location) Custom Options 82051 (OLB*36NG-HSW) Hopper (427) (1 ,518.00) $(1 ,518 .00) Sheets: Full 12 Ga Steel Custom Options 82052 (OLB*36NG-HSW) 1/4" HMW 703 7 ,336 .00 $7,336 .00 Plastic Hopper Liner -Sides , Front Wall , & Door Special Pricing 80491 (OLB) Full Width one piece 28 331 .00 $331 .00 Rear Mudflap Special Pricing 80492 (OLB) (2) Safety Door Locks -25 641 .00 $641.00 Twist Lock Special Pricing 82115 (OLB) Air Weigh Digital Scale 16 2 ,802 .00 $2 ,802 .00 -2 Readouts (Truck & Trailer) on RS , No Warning Lights , located ahead of suspension. Quick Air Disconnect at front for truck . • Special Pricing 80496 (OLB) Parker 1" Quick (18.00) $(18.00) Couplers (Female H8-62, Male H8- ~ (TRANS WEST) TRAILERS Custom Options Special Pricing Lights I Electrical Axles 82116 (OLB36-102) Shurco "Shur Trak" Tarp, Electric w/ 6.5" Low Rise Bows ILO std . 12" Bows 80497 (OLB) Tarp & Halogen Light Switch (3 way toggle) mounted on RS Front Fender in Box Back-up Alarm -107 db (std location) Hubometer (front axle) Retail Price F.O.B . West Fargo, ND NJPA (National Joint Powers Alliance) Discount Total due F.0.8. West Fargo, ND Freight to: 2900 S Platte River Dr, Englewood, CO 80110 473 11 2 Total Price Delivered per Each to Littleton -Englewood WWTP • 6 ,317 .00 $6,317.00 467 .00 $467 .00 178.74 $178 .74 144.03 $144.03 $100,571.17 15% $85,485.50 • $2,500.00 $87,985.50 • • • • 2016 CAPITAL OUTLAY REQUEST I Department: LIE WWTP I Fund/Division: 90-1702-61401 Description of equipment or object expenditure: Rear discharging biosolids trailers (2) Explanation of necessity or benefits of this expenditure: Current units 11 years old for planned JO-year replacement schedule. Hydraulics will be moved to tractor for wei~ht distribution/capacity improvement. Total costs of placing equipment in full operation Estimated Costs Unit Cost Total Cost Purchase Price 110,000 220,000 Installation -hydraulics 5,000 10,000 Total 115,000 230,000 Less Trade-In Total Net Cost Ann-.. ~<ll Cpcrating Cost Total First Year Cost 115,000 230,000 Is this expenditure necessary because of increased personnel? No Recommendation for equipment displaced: Auction Approximate date of purchase: Summer 2014 List and describe similar equipment in department: 2002 SOMERSET TRANSFER -units (8474, 8475, 8478) Purchasing Agent's Comments: City Manager's Review: Approved: __ Not Approved: __ H :\Administration\BUDGET\2016 Budget\ 1702 -2016\2016 Beneficial Use budget.docx • COUNCIL COMMUNICATION Date July 18, 2016 INITIATED BY Agenda Item 11civ Littleton/Englewood Wastewater Treatment Plant Supervisory Committee Subject Gates Repair, Gates Replacement , and Barscreen Replacement 2016 Project - Award of Contract STAFF SOURCE Chong Woo , Engineering/Maintenance Manager Dennis Stowe , WWTP Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approval of the 2016 Littleton/Englewood Wastewater Treatment Plant Budget. RECOMMENDED ACTION The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) Supervisory Committee recommended at its meeting on June 23, 2016 that Council approve, by Motion, a contract for the Gates Repa ir, Gates Replacement, and Barscreen Replacement 2016 Project located at the UE WWTP. Staff is recommending an award of contract to the lowest reliable and responsive bidder, J .R. • Filanc Construction Company Inc., in the amount of $422 ,960.00. Additionally, staff is recommending Council approve a 5% Change Order contingency in the amount of $20 ,000 for a total project cost of $442 ,960.00 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Gates Repair, Gates Replacement, and Barscreen Replacement 2016 Project will consist of the repair and replacement to damaged wastewater gates , and the replacement of one raw influent wastewater barscreen. The scope of work includes : • Replacement of three (3) Headworks raw influent pump gates • Repair of 15 Solids Contact Tanks gates • Removal of two (2) obsolescent and defective gates • Replacement of one (1) Headworks raw influent barscreen The UE WWTP is comprised of several process areas which includes tanks , channels and underground piping systems . Gates are necessary to regulate wastewater flow through the treatment plant for process control and to isolate channels and tanks to conduct routine maintenance activities . The WWTP utilizes a total four (4) barscreens to remove large sol ids and debris from the raw influent wastewater. This is necessary to protect downstream equipment and to provide adequate treatment of the wastewater. Three (3) of the screens are lnfilco Degremont Incorporated (IOI) Type II models installed in 1992. The fourth is a Duperon Flex Rake installed in 2004 . While the Duperon model has • operated with no significant repairs , the IOI models have experienced failures of varying degrees from minor to catastrophic. In 2015 all three (3) I Dis experienced failures, of which , two (2) required complete refurbishment and significant costs for repair (approximately $40K each). In response to the IOI failures , concerns for further cost implications , and concerns that the I Dis were nearing the end of life, staff initiated a project to review options to mitigate future failures and to provide reliable and consistent operation. Options reviewed included : 1. Maintain existing I Dis 2 . Upgrade existing IDls with new components 3 . Upgrade existing IDls to a new Type llA model 4 . Replace IDls with Duperon Flex Rake model Based on a review of safety and costs which included operation and maintenance, the recommendation was to replace the IDls with Duperons (Option 4). Additionally , the recommendation was to replace only one (1) IOI at this time as two of the screens were recently refurbished with new parts and materials. The new Duperon barscreen is planned to be positioned opposite of the existing Duperon which will provide reliable redundancy per each Englewood and Littleton channel. Staff will continue to monitor operations and maintenance costs to determine if replacement of the other two (2) I Dis is needed. The Project was advertised on the Rocky Mountain E-Purchasing System (Bidnet), with the Bid Opening conducted on May 26, 2016. A total of four (4) Bids were received . J.R. Filanc Construction Company, Inc., NorthQlenn , CO $422 ,690.00 Stanek Constructors, Inc., Golden , CO $470 ,000 .00 Precision Industrial Contractors, Inc., Brighton , CO $530 ,565.00 RN Civil Construction , Centennial, CO $533,000 .00 J .R. Filanc Construction Company, Inc. (Filanc) was identified as the apparent low bidder. Based on • our review, Filanc's Bid is responsive and complete. Filanc is a California based general engineering • and design-build contractor specializing in water and wastewater plants . Several projects have been completed in Colorado including the City of Broomfield and Town of Lyons plants. FINANCIAL IMPACT The Gates Repair, Gates Replacement, and Barscreen Replacement 2016 Project was budgeted in the 2016 Capital Improvement Plan Budget. Detailed below are the estimated total project costs: Construction (Filanc) $422 ,690.00 Contingency (5% estimate) $ 20.000.00 TOTAL $442 ,690 .00 Costs will be shared 50/50 by the Cities of Englewood and Littleton . LIST OF ATTACHMENTS Barscreen Net Present Value Calculation Bid Tabulation Sheet Contract • • • • Barscreen Net Present Value Analysi~ Discount Rate, the Rate at which the Owner borrows: 2.0% (Assuming current municpal bond rate) lnnation Rate : 3.0% (Assumed) Alternative 1-Malntaln existing IDls Years 0 1 2 3 4 5 6 7 8 9 10 Materials $ $ $ $ $ $ $ $ $ $ $ Installation $ Engineering $ Maintenance $ 17,000 $ 17,510 $ 18,035 $ 18,576 $ 19,134 $ 19,708 $ 20,299 $ 20,908 $ 21 ,535 $ 22,181 $ 22,847 Energy $ 229 $ 235 $ 243 $ 250 $ 257 $ 265 $ 273 $ 281 $ 290 $ 298 $ 307 Remainin Value $ $ $ $ $ $ $ $ $ $ $1 Cash Flows $ 17,229 $ 17,745 $ 18,278 $ 18,826 $ 19,391 $ 19,973 $ 20,572 $ 21, 189 $ 21 ,825 $ 22,479 $ 23,155 Present Values $ 17,229 $ 17,398 $ 17,568 $ 17,740 $ 17,914 $ 18,090 $ 18,267 $ 18,446 $ 18,627 $ 18,810 $ 18,995 Net Present Value, "by hand" $ 199,084 $ 17,229 $ 34,626 $ 52,194 $ 69,935 $ 87,849 $ 105,939 $ 124,206 $ 142,652 $ 161 ,280 $ 180,089 $ 199,084 Net Present Value, "by Excel" $ 199,084 Alternative 2..Changlng tracking angles and carriage assembly Years 0 1 2 3 4 5 6 7. 8 ·--· .9 1....,_ 10 Materials $ 123,572 $ $ $ $ $ $ $ $ $ $ Installation $ 10,000 Engineering $ Maintenance $ 17 ,000 $ 17,510 $ 18,035 $ 18,576 $ 19,134 $ 19,708 $ 20,299 $ 20,908 $ 21,535 $ 22,181 $ 22,847 Energy $ 229 $ 235 $ 243 $ 250 $ 257 $ 265 $ 273 $ 281 $ 290 $ 298 $ 307 Remainin Value $ $ $ $ $ $ $ $ $ $ $1 Cash Flows $ 150,801 $ 17,745 $ 18,278 $ 18,826 $ 19,391 $ 19,973 $ 20,572 $ 21,189 $ 21,825 $ 22,479 $ 23,155 Present Values $ 150,801 $ 17,398 $ 17,568 $ 17,740 $ 17,914 $ 18,090 $ 18,267 $ 18,446 $ 18,627 $ 18,810 $ 18,995 Net Present Valu e, "by hand" $ 332 ,656 $ 150,801 $ 168,198 $ 185,766 $ 203,507 $ 221,421 $ 239,511 $ 257,778 $ 276,224 $ 294,852 $ 313,661 $ 332,656 Net Present Value, "by Excel" $ 332,656 Alternative 3-Change to IOI type Ila rake Years 0 1 2 3 4 5 6 7 8 9 10 ,.,,_, --..,_.,.. Materials $ 132,989 $ $ $ $ $ $ $ $ $ $ Installation $ 20,000 Engineering $ Maintenance $ 17,000 $ 17,51 0 $ 18,035 $ 18,576 $ 19,134 $ 19,708 $ 20,299 $ 20,908 $ 21,535 $ 22,181 $ 22 ,847 Energy $ 229 $ 235 $ 243 $ 250 $ 257 $ 265 $ 273 $ 281 $ 290 $ 298 $ 307 Remainin Value $ $ $ $ $ $ $ $ $ $ $1 Cash Flows $ 170,218 $ 17,745 $ 18,278 $ 18,826 $ 19,391 $ 19,973 $ 20 ,572 $ 21 ,189 $ 21 ,825 $ 22,479 $ 23,155 Present Values $ 170,218 $ 17,398 $ 17,568 $ 17,740 $ 17,914 $ 18,090 $ 18,267 $ 18,446 $ 18,627 $ 18,810 $ 18,995 Net Present Value , "by hand" $ 352 ,073 $ 170,21 8 $ 187,615 $ 205,183 $ 222,924 $ 240,838 $ 258,928 $ 277, 195 $ 295,641 $ 314,269 $ 333,078 $ 352,073 Net Present Value , "by Excel" $ 352,073 Alternative 4-Change to Duperon multirake climber screen Years 0 1 2 , ...... 3 4 5 -6 7 8 .,-,..>:>< 9 io Materials $ 153,000 $ $ $ $ $ $ $ $ $ Construction and Installation $ 20 ,000 Engineering $ 10,000 Maintenance $ 1,223 $ 1,260 $ 1,297 $ 1,336 $ 1,376 $ 1,418 $ 1,460 $ 1,504 $ 1,549 $ 1,596 $ 1,644 Energy $ 230 $ 237 $ 244 $ 251 $ 259 $ 267 $ 275 $ 283 $ 291 $ 300 $ 309 Remaining Value $ $ $ $ $ $ $ $ $ $ ($15 ,000 Cash Flows $ 184,453 $ 1,497 $ 1,541 $ 1,588 $ 1,635 $ 1,684 $ 1,735 $ 1,787 $ 1,841 $ 1,896 $ (13,047) Present Values $ 184,453 $ 1,467 $ 1,482 $ 1,496 $ 1,511 $ 1,526 $ 1,541 $ 1,556 $ 1,571 $ 1,586 $ (10,703) Net Present Value , "by hand" $ 187,485 $ 184,453 $ 185,920 $ 187,402 $ 188,898 $ 190,409 $ 191,934 $ 193,475 $ 195,031 $ 196,602 $ 198,188 $ 187,485 Net Present Value. "by Excel" $ 187.485 City of Englewood Bid Tabulation Sheet Bid Opening Date: May 26, 2016 2:00 PM MDT ITEM BID: ITB-16-009 UE WWTP Gates Repair, Gates Replacement and Bar Screen Replacement Project Solids Headworks Receipt of Contact Gates Bid Bond Addendums Tanks Gate Replacement Vendor Y/N SOQ Y/N 1 & 2 Y/N Repairs and Removal Precision Industrial Contractors 10275 E 106th Ave Brighton, CO 80601 303-287-4400 David Rollins -Project Engineer y y y $ 95,533.00 $ 82,841.00 J.R. Fllanc Construction Company, Inc. 455 W 115th Ave Ste 3 Northglenn, CO 80234 303-376-6337 David Kless -Vice President ,"'>;:, y y y $ 69,900.00 $ 65,800.00 RN Civil Construction 5975 S Quebec St #140 Centennial, CO 80111 303-482-3059 Daniel Niehus -Owner y y y $ 81,000 .00 $ 130,000.00 Stanek Constructors, Inc. 651 Corporate Cir Ste 108 Golden, CO 80401 303-980-8233 Robert Stanek -President y y y $ 114,000 .00 $ 100,000.00 • • I Apparent Low Bidder H -] Headworks Bar Final Clarifier Screen area Gate SCADA Logic Replacement Removal Programming Total Bid Exceptions/Comments $ 326,429.00 $ 11,818.00 $ 13,944.00 $ 530 ,565.00 $ 530,565.00 ~, $ 261,900.00 $ 12,190.00 $ 12,900.00 $ 422,690.00 $ 422,690.00 $ 277,000.00 $ 30,000.00 $ 15,000.00 $ 533,000.00 $ 533,000.00 $ 200,000.00 $ 20 ,000.00 $ 36,000.00 $ 470,000.00 $ 470 ,000.00 • :iii: Eily 0 lewood • ~ gADMINISTR4TIVE SERVICES ------------ • • CONTRACT FOR CONSTRUCTION #CFC/16-26 ($422,690.00) ... ~. THIS CONTRACT and agreement, made and entered into this 10th day of June, 2016, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and J.R. Filanc Construction Company, Inc., whose address is 455 W 115th Avenue Suite 3, Northglenn, CO 80234, ("Contractor"), commencing on the 26th day of May, 2016, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: Gates Repair, Gates Replacement and Bar Screen WHEREAS, proposals pursuant to sa id advertisement have been received by the Mayor -and City Council and have been certified by the Director of LIE Wastewater Treatment Plant to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation, the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract , the parties mutually agree as follows: A. Contract Documents : It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference . constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full: a. The ITB (Invitation to Bid) b. The Statement of Qualifications (SOQ Form) c. Plant-wide Electrical Equipment Preventative Maintenance Project Manual ; d . Spill Control Management and Clean-Up Document e. Safety and Health Agreement . f. The Contract Drawings and Specifications B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everyth ing necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of LIE Wastewater Treatment Plant and agrees to fully complete said work by 2017, plus such extension or extensions of 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 1 CFC/16 -26 J.R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project time as may be granted by the Director of UE Wastewater Treatment Plants in accordance with the provisions of the Contract Documents and Specifications. D. Indemnification: The city cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/Contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees . E. Accidental Spills and/or Releases of Chemicals. Process Wastewater or Other Unpermitted Substances to the Site : If a release of chemicals, process wastewater or other unpermitted substance is spilled, leaked, or otherwise released to the environment or Site, by CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible, CONTRACTOR will take immediate steps to secure or otherwise isolate such condition, immediately notify the Littleton/Englewood Wastewater Treatment Plant staff and contain and clean up any such substance or spill. CONTRACTOR is responsible for making all notifications and complying with all regulatory requirements related to such an incident. Any waste generated as a result of a spill, leak, or other release to the environment or Site by CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible shall become the property of CONTRACTOR and shall be disposed of in accordance with all applicable requirements. In addition to cleanup and disposal costs, CONTRACTOR is responsible for all costs associated with demobilization, remobilization, medical examinations, and all other costs, claims, losses, and damages, including but not limited to attorney fees and litigation costs as well as fines and penalties, incurred by Littleton/Englewood Wastewater Treatment Plan as a result of any substance or material that is spilled, leaked, or otherwise released to the environment or Site by CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible. F. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material ( s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm agreed to perform under this award, less payments of compensation previously made. If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause shall apply. G. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished. Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor and the 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 2 CFC/16-26 J.R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project • • • • • • City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . H. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Four Hundred. Twenty Two Thousand, Six Hundred and Ninety Dollars .(i422.690.00). A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. I. Appropriation of Funds: At present, $422,690.00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. J. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not complete on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $0.00 for each day that expires after the time specified for substantial completion until the Work is complete, and $0.00 for each day that expires after the time specified for final completion until the Work is finally complete. K. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Gontract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restiiction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. L. If this project is for a public works project or public project, as defined in Section 8-49-102(2) C.R.S. the contractor shall comply with 8-17 -101 C.R.S. which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 3 CFC/16-26 J.R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project M. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. N. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall • remain in good order and repair for a period of one (1) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of UE Wastewater Treatment Plant whose decision upon the matter shall be final and obligatory upon the Contractor. ; VERIFICATION OF COMPLIANCE WITH C.R.S. 8·17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an Illegal alien to perform work under this Contract. [CRS 8-17 .5-102(2)(a)(I) & (II).} (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C. R.S. 8-17.5-101 (3. 3) and 8-17 .5-101 (3. 7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall: (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of, this paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www .englewoodgov .org 4 CFC/16-26 J.R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project • • IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and 1he same instrument. • CITY OF ENGLEWOOD, COLORADO • • By: ________________ Date: ____ _ (Department Director) By: Date: ---------------~ ------( C It y manager) By: Date: ---------------------(Mayor) ATTEST:---..,.-------- (City Clerk) J.~. n\..AN'0 CM?IB\A.CG\\rV t~7 ttJV . (Consultant Name) Address Title: \f,LUS \tkE;-.S\\O~\ Date: (R { I~/ 11-0l ta STATE OF _______ ) ) SS. se.e, C:l Hc(.c..h.~ d~ ,COUNTY OF _____ ) On this day of , 2016, before ___ , known to me to be the of , the corporation that executed the within and foregoing inst t, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the s and purposes there in mentioned, and on oath stated that he was authorized to execute said instrument. e hereunto set my hand and affixed my official seal the day and year first above written. NOTARY 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 5 CFC/16-26 J.R. Filanc Construction -Gates Re pair and Gates Replacement & Bar Screen Replacement Project ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 5 . County of an Drego ) on June 13, 2016 before me, Cynthia Jean Rodriguez, Notary Public (insert name and title of the officer) personally appeared _D_a_v_id_J_. _Ki_e_ss ___________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • • • • • • SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL City of Englewood/LEWWTP and J.R. Filanc Construction Company, Inc. 455 W. 115th Ave Suite 3 Northglenn, CO 80234 jwhittaker@filanc.com 2. NAMES OF PROJECT COORDINATORS 3. LEWWTP: Gunter Ritter, P.E. J.R. Filanc Construction Company, Inc.: Justin Whittaker SUMMARY OF PURPOSE FOR STATEMENT OF WORK This Plant "Gate Repair, Gate Replacement and Bar Screen Replacement Project" entails repair , replacement or removal of slide gates, and the replacement of one bar screen as per the following work task: Solids Contact Tanks area gates repairs, the repair of 15 defective slide gate gear boxes and gate stems. Headworks gates replacements and gate removal, the replacement of 3 raw sewage pump gates and the removal of one cross-over gate. • Headworks bar screen replacement, the replacement of one bar screen. Final Clarifier area gate removal, the removal of one defective and un-used slide gate. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www .englewoodgov.org 6 CFC/16-26 J.R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project This Plant "Gate Repair, Gate Replacement and Bar Screen Replacement" includes all necessary demolition and removal of existing equipment and material, design and construction of new equipment including any installation devices, power supply, SCADA connectivity as well as bypass pumping as • needed, installation of new equipment, and testing and commissioning of new equipment. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) NA 5. OTHER CONTRACTOR RESOURCES NA 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES 7. Perform repairs , replacements, or removal of gates per spread sheet "Gates and Bar Screen SOW.xlsx'' and as specified. Perform replacement of bar screen per spread sheet "Gates and Bar Screen SOW .xlsx'' and as specified including power supply and SCADA connectivity as needed for full remote operation of the equipment. Perform SCADA logic programming implementation to plant SCADA/HMI system for the newly installed bar screen . The logic to be same as for the existing Bar Screen SCN-01-201. The Contractor must supply all design as needed for the new installations, replacements, or removal of gates to meet IBC. Refer to technical specifications. SPECIAL TERMS, IF ANY NA 8. MODE OF PAYMENT Check 9. PAYMENT SCHEDULE City will pay Contractor for the work in accordance with the following payment schedule. All payments to Contractor are contingent on Contractor's satisfying the Deliverables/Milestones set forth in the Payment Schedule . Payments shall be made upon City's written confirmation to Contractor that the Deliverables-Milestones have been satisfied ~ Monthly payments reflecting work progression. 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Contractor. 1000 Englewood Parkway, Englewood, Colorado 801 1 0 Phone (303) 762-2412 www.englewoodgov.org 7 CFC/1 6-26 J .R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Proj e ct • • Start work ASAP after Notice to Proceed. Work completion in 2017. • 11. ACCEPTANCE AND TESTING PROCEDURES Acceptance is by LEWWTP Engineering Department • • 12. LOCATION OF WORK FACILITIES LEWWTP IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 2016, the parties have executed this Statement of Work as of this ___ day of , 2016. CITY OF ENGLEWOOD1 COLORADO By: ___________ _ (Signature) (Print Name) Title:------------- Date:-------------- (Print Name) Title: _\{__,,_,,_\. CAS~·;..---'f';'-'-K-'-~.;;....-5..=;..i\-=-~""""6.:......;~_.___ __ Date: _(.p~{ _1·3-+-/_U)...;.._1-=k? ____ _ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 8 CFC/16-26 J.R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project .I Bond No. 9205435 Executed in Triplicate Premium: $4.477.00 PERFORMANCE. PAYMENT AND MAINTENANCE BOND • KNOW ALL MEN BY THESE PRESENTS That we J.R. Riane Construction Company, Inc. hereinafter called the Principal, and Fidelity and Deposit Company of Maryland hereinafter called the Surety,· are jointly and severally held and firmly bound unto THE CITY OF ENGLEWOOD, County of ARAPAHOE, State of COLORADO, hereinafter called the Owner, in the sum of FourHundtedTwenty-TwoThousandSixHundfedNinelyandOOllOOths ($ 422,690.00 ), lawful money of the United States of America, to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly bound by these presents. WHEREAS, the Principal has, by means of a written agreement dated June 10. 2016 ent~red into a Contract with the Owner for the construction of Gates Repair and Gates Replacement & Bar Screen Replacement #CFC/16·26which Contract is by reference made a part hereof the same as though fully set forth herein; NOW, THEREFORE, the conditions of this obligation are as follows: FIRST, The Principal shall: (1) faithfully perform said Contract on Principal's part and satisfy all claims and demands incurred for the same; (2) fully indemnify and save harmless the Owner from all costs and damages which said Owner may incur in making good any default. SECOND, To the extent permissible by law, the Principal shall protect, defend, indemnify and save harmless the Owner, the 'Architect-Engineer, and their officers, agents, servants and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses, including in part attorney fees, incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person, or damage to property, including in part the loss of use, resulting therefrom, based upon or allegedly based upon any act, omission or occurrence of the • Principal, or his employees, servants, agents, subcontractors or suppliers, or anyone else under the Principal's direction and control (regardless of whether or not cause in part by a party indemnified hereunder), and arising out of, occurring in connection with, resulting from, or caused by the performance or failure of performance of any work or services called for by the Contract, or from conditions created by the performance or non- performance of said work or services. · THIRD. The Principal shall pay all persons, firms and corporations, all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment used or rented in the performance of Principal's Contract. Contractor's Guarantee. The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one {1) year from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation, and shall keep the same in said work and repair without further compensation for a period of one (1) year from and after completion and acceptance thereof by the City. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of UE Wastewater Treatment Plant, whose decision upon the matter shall be final and obligatory upon the Contractor. Every Surety on this bond shall be deemed and held, any Contract to the Contrary notwithstanding, to consent without notice: 1. To any extension of time to the Contractor in which to perform the Contract. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 9 CFC/16-26 J.R. Filanc Construction -Gates Repail· and Gates Replacement & Bar Screen Replacement Project • / / • CALIFORNIA All-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) on June 10, 2016 before me, Tara Bacon, Notary Public (insert name and title of the officer) personally appeared Dale G. Harshaw who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/her/their authorized capacity(ies}. and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • . fARABACON :( Commission# 2023715 ~ Notary Publfc • Callfornla I J San Diego County .. • 0 0 • 0 ,"'f ~0T"!i t•~re; ~·J l6}t' d Signat~b (SeaQ { / 2. To any change in the Plans, Drawings, Specifications, Contract or other Contract Documents, when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. Further, every Surety on this bond shall pay to this Owner all costs and attorney fees necessary to enforce the provisions on the bond provisions contained herein. Unless prohibited by law, an action on the payment and performance p(ovisions of this bond may be brought by the Owner or any person entitled to the benefits of this bond at any time within five years from date of final settlement of the Contract, and under the maintenance provisions of this bond an action may be brought within frve (5) years from the time the cause of action arises. Principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action. 7 ATTEST: (As to Corporation) By:~ Secretafy (CORPORATE SEAL) COUNTERSIGNED: By: __________ _ Resident Agent (Print Name Below) Fidelity and Deposit Company of Maryland ~ ~ ad~~.·~ Attorney in taet I~ G.HarShaw (SEAL OF SURETY) (Accompany this bond with Attorney-in-fact's authority from the Surety to execute the bond, certified to include the date of the bond.) Approved for the City of Englewood: By: ------------- City Manager 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org . 10 CFC/16-26 J .R. Filanc Constructio n -Gates Repair and Gates Replacement & Bar Screen Replacement Project I • • • • • • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS : That the ZURICH AMERICAN INSURANCE COMP ANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMP ANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F. HALEY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Bradley R. ORR, Dale G. HARSHAW, Tara BACON, Kyle KING and John QUALIN, all of San Diego, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMP ANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMP ANY OF MARYLAND , this 26th day of January, A.D. 2016. Secretary Michael McKibben State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COl\·lPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice Preside11t Gerald F. Haley ' On this 26th day of Januaiy, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F. HALEY, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies , and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA-F 012-9244Q EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force . This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMP ANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY at a meeting duly called and held on the 5th . day of May, 1994, and the following resolution of the Board of Directors of the FIDEUfY AND DEPOSIT COMP ANY OF MARYLAND at a meeting duly called and held on the I 0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, wh~ther made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 10thdayof June 20....l§_. Thomas 0. McClellan, Vice President • • City of Englewood, Colorado Sales and Use Tax and Arapahoe County Open Space Sales Tax The contractor, or any of his/her sub-contractors, shall be required to pay all sales and use (regular and/or building} taxes levied by the City of Englewood and Arapahoe County on any materials built into, incorporated or used (such as formwork materials, etc.) on the project including rental of equipment. In addition any equipment purchased within the last three years and used on this project is subject to a 3.5% sales tax plus .25% Arapahoe County Open Space Sales Tax. Upon completion of the work, the Contractor will be required to furnish the City with an itemized statement of the tangible property upon which the tax is due. Building Use Tax is collected on :a permit for materials that become part of the improvements to realty. Any other materials not included in a permit are subject to regular use tax. This includes, but is not limited to temporary fencing, tools and equipment purchased or rented for the project, and any other items that would normally be subject to regular use tax (consumed/used by the contractor). A contractor is liable to the City for regular as well as the building use taxes. If City tax has been paid on items subject to regular use tax in Englewood or elsewhere, please provide a receipt for taxes paid to receive credit. All materials subject to regular use tax will be collected when sales/use taxes are filed or when an audit is performed. The contractor shall report separately on Farm FR39a the materials that become part of the improvements to realtv versus other materials not included in a permit as stated above. The contractor and/or sub-contractor may be exempt from the tax (for example, State and RTD tax) when the material becomes part of the structure for a tax exempt entity. The contractor and/or sub-contractor must obtain an exemption certificate from the Department of Revenue to purchase the materials tax free . Each sub-contractor shall compile a complete list of paid invoices, based on materials purchased directly by the sub-contractor, including the following information: invoice number, invoice date, vendor's name, invoice amount, amount of tax due the City, type of materials (cement, rebar, structural steel, flooring, etc.). [Form FR39a] • The contractor shall compile a complete list of paid invoices based on materials purchased directly by the contractor, including the following information: invoice number, invoice, date, vendor's name, amount of invoice, amount of tax due the City, type of material (cement, rebar, structural steel, flooring, etc.). [Form FR39a] • At completion of the work, each sub-contractor shall submit ,on forms supplied by the City of Englewood, to the contractor, a document similar to Form FR39a and the "Affidavit" (2 copies) duly acknowledged, based on the information compiled as indicated above. The contractor shall forward all said certificates to the City's Project Manager. (The City will supply said forms.) The contractor and all sub-contractors shall keep sufficient records to verify the amount of purchases subject to use taxes due to the City and the amount of purchases subject to Arapahoe County Open Space taxes due to Arapahoe County. This documentation shall be maintained for three years subsequent to the issue date of the Certificate of Occupancy. Prior to the City issuing the Certificate of Occupancy (CO), all applicable City of Englewood Regular Use and/or Building Use Taxes and Arapahoe County Open Space Tax on any tangible property built into, incorporated or used on the project must be paid. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 11 CFC/16-2 6 J .R. Fi lanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project CITY OF ENGLEWOOD, COLORADO DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES AFFIDAVIT COUNTY OF _____________ SS. (Title) (Signer's Name) ---------------------------------'being of lawful (Business Name of Contractor) age and first duly sworn, deposes and says: That under the terms of a contract dated , 20_: That was the prime or sub-contractor for the installation of equipment and/or construction of a _____________________ for the _____________________________ ;that between the dates of (Entity Name) -------------' 20_ and , 20_ said contractor built into or installed tangible, personal property upon which use tax is subject; the entire purchase price is listed on attached form, and that evidence of payment for said tangible, personal property are available for inspection by the City of Englewood. That the tangible, personal property upon which the tax was paid was actually built into or installed in said (Type of Structure and Project Location Address) The entire purchase price of said tangible, personal property and the tax thereon is listed on the attached form • hereto and make a part hereof. • The contract is not yet completed D The contract was completed ________ , 20_. ________________ _ Contractor's Signature Date Before me--------------------' a Notary Public in and for ------------County, Colorado, personally appeared------------ ---------------' know to me personally to be the person whose signature appears hereon and who subscribed his signature hereunto in my presence this day of -----------'A.O. 20 . My commission expires _____ _ Date Notary Public (SEAL) FR39/Section3 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov.org 12 CFC/16-26 J.R. Filanc Construction -Gates Repair and Gates Replacement & Bar Screen Replacement Project • • (Please list each separately) . • • Number Date ... j ·l · i i I ····1 .1. i ........... 1. .. ! ····l · i ... i I ... l i I ... ··1 ., .... j I ! Cost ····1 . i ...... ! I • ............... M ' ••• ! l .i .............. I .................... ! ! i l l ···r 13 SALES TAX (If paid) .. ·······! ........... l ... I I ...... \ ' .. ·····I i ! ·······i USE TAX •COUNTY SALES TAX I I .. ! I i ...... i I ..... ). 'j ...... 1 i ... I i I ............ ; ••••••• •••H •••••• .i i ....... J 1 i ' i .............. ·i ·' .......... 1 .............. ! i i ······I ! i 1 ; l . . . . . . . . . . ! .J ! ! ..1 ........ I I ·1 I ............. I I I . ·.·.··! I i I I .. J l I ' (cement, re-bar, structural steel, flooring, etc) BLANK PAGE • • • 14 • • MEMORANDUM TO: FROM: DATE: Mayor Joe Jefferson City Council Members City Manager's Office July 14, 2016 REGARDING: Business License Revocation Procedures. In order for the City to revoke a business license, the City is required by it municipal code and the ideals of due process to follow the procedures outlined under and Title 5, Chapter 1, Sections 4 and 9 of the Englewood Municipal Code. The relevant code sections are attached to this memorandum for reference. If the Licensing Officer learns that a license was obtained by fraud, misrepresentation, false statement, or if the licensed activity is a public nuisance as defined by ordinance or state statute, the Licensing Office may revoke the license. (EMC 5-1-4(D)(l-6). Furthermore, in the event that the Licensing Officer receives a report that there has been a violation of any Title, Code, law, statute or ordinance the Licensing Officer shall issue a notice to comply, such compliance must be accomplished within a certain time frame as set by the Licensing Officer. During this time period the licensee may request a hearing, the request must be in writing directed to the Licensing Officer, and the hearing must be ordered within fourteen (14) days of the receipt of the application for a hearing. Upon conclusion of the hearing, the Licensing Officer has thirty (30) days in which to issue a written decision. In the event that the decision is to suspend or revoke the license, the licensee has the right to appeal the decision. Again the licensee must provide a written appeal notice to the City Manager within ten (10) days of the decision. The appeal is held in front of an independent hearing officer. Once the appeal has been certified, the City Manager shall fix the date and time of the hearing, and shall give notice to both the licensee and Licensing Officer. The hearing officer's decision is limited to whether or not the Licensing Officer's decision was arbitrary and capricious. This means that the hearing officer may not consider new evidence or evidence that was not presented at the original hearing. Once the appeal is completed, the findings of the hearing officer are to be provided to the applicant and the Licensing Officer. In the event that the hearing officer finds that the Licensing Officer's decision was arbitrary and capricious, the hearing officer has the power to grant a new hearing consistent with their findings, or change, modify or rescind any recommendation or order issued by the Licensing • Officer. 1 In the event that the hearing officer upholds the Licensing Officer's decision, the licensee could • file an appeal under Colorado Rules of Civil Procedure Rule 106( 4) which provides in part that relief may be obtained in the District Court from the decision of a judicial or quasi-judicial official or body who, in the opinion of the appellant, has exceeded its jurisdiction based upon the evidence in the record . The review by the court is limited to the evidence presented to the Licensing and hearing officers . The decision of the court could range from upholding the decision of the hearing officer, to ordering a new hearing consistent with the court's findings, or reinstating the license. • • 2 • • • 5-1-4: -Application for License . A. Each applicant required to procure a license under the provisions of this Title shall submit an application for such license to the Licensing Officer. The application shall: 1. Be in writing, using forms provided by the Licensing Officer. The form shall include a signed affidavit by the applicant including : i. The name of the license holder, and the name(s) under which the business is conducted . ii. The address and the specific activity to be conducted . iii. Any information required by another chapter or section of this Title or any other Title of this Code . 2. Include other information which the Licensing Officer shall find reasonably necessary for the administration of this Title. B. The applicant shall submit all applicable fees to the Licensing Officer prior to a review of the application . C . Renewal: Applications for renewal must be submitted by December 31 of each year. A renewal application not received or postmarked by December 31 shall be subject to a late fee as determined by City Council Resolution . If a renewal application is not received before the expiration of the current license, it may be treated as a new application and an application fee may be assessed as required in this Title . D . The Licensing Officer has the authority to deny any applications or renewal of an existing license or to suspend or revoke an existing license under the following conditions: 1. 2 . 3 . 4 . 5. 6 . The license was obtained by fraud, misrepresentation, or false statements . The licensed activity is a public nuisance as defined by ordinance or statute. The license was issued in error. Upon grounds provided by any other city application requirement, ordinance, State Statute, Federal Law, or regulation of the City, State, or Federal government. The applicant is in default of any indebtedness or other obligation due the City. The proposed use of any premises for which the license is sought is not authorized by the Unified Development Code, building, housing or other regulations . 7. Failure of the license holder to submit a new application before the expiration of a current license . 8. The granting of a license does not give the license holder an automatic right for a renewal. An application for a renewal w i ll be denied if any condition exists which would result in the denial of an application for a new license . E. An applicant , when denied a license, shall not engage in the business for which a license is required. F . If the Licensing Officer finds that the licensee's activities fall under the provisions of more than one ( 1) license, the License Officer may require the licensee to obtain a license for each activity . (Code 1985, § 5-1-4; Ord. 99-17 ; Ord. 04-6 ; Ord. 07-22) Page 1 5-1-9: -Hearings, Orders, and Appeals. A When a City official reports a violation of this Title, Code, law, statute, or ordinance, the Licensing Officer shall issue a provisional order to comply. 1. The provisional order, and all other notices issued in compliance with this Title, shall be in writing, shall be served as provided in the Englewood Municipal Code, and shall notify the license holder of the specific violation(s). If the license holder can not be served in this manner, the premises may be posted. 2. Before the period of compliance expires, as noted in the provisional order, the license holder or the City may submit a written application for hearing. The Licensing Officer shall order a hearing after reviewing the application . 3. The Licensing Officer shall order a hearing within fourteen (14) days of the receipt of the application for a hearing. 4 . The Licensing Officer shall make a final decision in writing, within thirty (30) days after the conclusion of the hearing. B. The Licensing Officer shall have the authority to revoke or suspend licenses, to extend the time for compliance, to grant a new hearing, and to change, modify or rescind any recommendation or order. C . When the conduct of any license holder, agent, or employee is so hazardous to the public health, safety and general welfare as to constitute a danger to health, safety, and welfare of the public or give rise to an emergency, the Licensing Officer shall have the authority to summarily order the cessation of business and close the premises or to suspend or revoke the license unless waived in writing, within ten (10) days after the issuance of the summary order, the Licensing Officer shall conduct a hearing . The Licensing Officer shall make a final decision in writing, within thirty (30) days after the conclusion of the hearing . D. Any license holder aggrieved by a final decision of the Licensing Officer shall have the right to appeal to an independent hearing officer appointed by the City. A written appeal must be filed with the City Manager within ten (10) days of the final decision by the Licensing Officer. 1. The appeal shall include a copy of the order or decision of the Licensing Officer and a statement by the license holder setting forth the basis of the appeal. 2. The City Manager shall fix a time and place for hearing the appeal and shall give notice to the appellant and Licensing Officer. 3. The independent hearing officer shall be limited to a determination as to whether the Licensing Officer's finding was arbitrary and capricious. 4. The findings of the independent hearing officer shall be given the appellant and the Licensing Officer. 5. If the independent hearing officer makes a determination that the Licensing Officer's finding was arbitrary or capricious, the Licensing Officer shall follow the procedures and have the powers set forth under paragraphs, A, B, and C, of this section to make corrections and issue a new final decision . E. No civil or administrative action shall bar or prevent prosecution in Municipal Court for any violation of this Code. (Code 1985, § 5-1-8; Ord. 99-17) Page 1 • • •