HomeMy WebLinkAbout2016-08-01 (Regular) Meeting Agenda Packet••
&p.: EilQlewood
1000 Englewood Pkwy -Council Chambers
Englewood, CO 8011 O
1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
5. Consideration of Minutes of Previous Session.
AGENDA
Regular City Council Meeting
Monday, Aug. 1, 2016 •7:30 p.m.
a. Minutes from the Regular City Council Meeting of July 18, 2016.
6. Recognition of Scheduled Public Comment. The deadline to sign up to speak for Scheduled
Public Comment is Wednesday, prior to the meeting, through the City Manager's Office. Only
those who meet the deadline can speak in this section. (This is an opportunity for the public to
address City Council. There is an expectation that the presentation will be conducted in a
respectful manner. Council may ask questions for clarification, but there will not be any dialogue.
Please limit your presentation to five minutes .)
a. Doug Cohn, Englewood resident, will address Council regarding historic
preservation.
b. Marty Fuchs, Englewood resident, will address Council regarding the City of
Englewood and iBake.
c. Kathleen Bailey, Englewood resident, will address Council regarding water plant
residuals.
d. Perry Sawrey will address Council regarding the business climate in Englewood.
e. Harvey Pratt, Englewood resident, will address Council regarding Long Term
Asset Reserve issue brief.
7. Recognition of Unscheduled Public Comment. Speakers must sign up for Unscheduled
Public Comment at the beginning of the meeting. (This is an opportunity for the public to address
City Council. There is an expectation that the presentation will be conducted in a respectful
manner. Council may ask questions for clarification, but there will not be any dialogue. Please
limit your presentation to three minutes. Time for unscheduled public comment may be limited to
45 minutes, and if limited, shall be continued to General Discussion.)
Please note: If y ou have a disability and need auxiliary aids or services. please notify the Oty of Englewood
(303·762·2405) at least 48 hours in advance of when services are needed.
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill 28 -Finance and Administrative Services staff recommends Council
approve, by a bill for an ordinance, an intergovernmental agreement with
Arapahoe County for the November 8, 2016, coordinated election. Staff: City
Clerk Lou Ellis
b. Approval of Ordinances on Second Reading.
i. Council Bill 25 -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. Sam Watson
ii. Council Bill 26 -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
c. Resolutions and Motions.
10. Public Hearing Items.
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
i. Council Bill 27 -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
c. Resolutions and Motions.
i. Finance and Administrative Services staff recommends Council approve a
resolution approving a new Agreement for Investment Advisory services to
include Investment and reinvestment of the City's assets within the City's
guidelines. Staff: Finance & Administrative Services Director Kathleen
Rinkel
Please note: If you have a disability and need auxtliary aids or services, please notify the Oty of Englewood
(303-762·2405) at !east 48 hours in advance of when services are needed.
,·
ii. Finance and Administrative Services staff recommends Council approve, by
motion, the agreement for Strategic Procurement Consulting services provided
by Expense Reduction Analysts to include review of the City's procurements,
recommendations for cost savings and assistance in achieving those cost
savings. Staff: Finance & Administrative Services Director Kathleen Rinkel
iii. Approval of a resolution, approving an agreement to fill the position of City
Attorney.
12. General Discussion.
a. Mayor's Choice.
i. Approve a motion for Mayor Jefferson to attend the DRCOG Retreat in
Breckenridge, CO , August 5-6, 2016.
ii. Executive Session to discuss a personnel issue under C.R.S. 24-6-402(4)(f)(I).
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
a. Discussion of a 2015 memorandum regarding marijuana consumption clubs.
15. Adjournment.
Please note: If you ha ve a disability and need auxiliary aids or services, please notify the City of Englewood
[303-762-2405 ) at least 48 hours in ad v ance of when services are needed.
• ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
July 18, 2016
A permanent set of these m inutes and the audio are maintained in the City Clerk's Office .
Minutes and streaming audios are also available on the web at:
http ://www.englewoodgov.org/inside-city-hall/city-council/agendas-and-m inutes
1. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Jefferson at 7:44 p .m .
2 . Invocation
The invocation was given by Council Member Russell.
3 . Pledge of Allegiance
The Pledge of Alleg iance was led by Council Member Russell.
4 . Roll Call
•
Present:
Absent:
Council Members Jefferson , Olson , Barrentine , Gillit , Martinez , Russell, Yates
None
A quorum was present.
Also present: City Manager Keck
Assistant C ity Manager Robinson
Acting City Attorney Comer
City Clerk Ellis
Executive Assistant Carney
Municipal Court Judge Atencio
Police Commander Condreay
Director Hargrove, Parks , Recreation and Library
Director Rinkel, Finance and Administrative Services
Manager Stowe , Littleton/Englewood Wastewater Treatment Plant
Court Administrator Wolfe
Division Manager Tallent, Littleton/Englewood Wastewater Treatment Plant
Engineering & Maintenance Manager Woo , Littleton/Englewood Wastewater
Treatment Plant
Technical Support Specialist I Munnell, Information Technology
5. Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 5, 2016.
Vote results:
Ayes :
•
Nays :
Motion carried.
Council Members Russell , Barrentine , Olson, Jefferson , Yates , Martinez , Gillit
None
6 . Recognition of Scheduled Public Comment
Englewood City Council
July 18, 2016
Page 2
(a) Coween Dickerson, an Englewood resident, addressed Council regarding the Comprehensive
Plan goals and iBake.
(b) Jeremy Letkomiller, an Englewood resident, addressed Council regarding a proposed crosswalk
at the 3400 block of South Broadway.
7. Recognition of Unscheduled Public Comment
(a) Belinda Porter, an Englewood resident, addressed Council regarding Allen Filter Plant
employee Ken Kloewer.
(b) Kathleen Bailey, an Englewood resident, addressed Council regarding Allen Filter Plant
concerns .
(c)
Filter Plant.
(d)
(e)
Norma Wier, an Englewood resident, addressed Council regarding the sludge at the Allen
Martin Fuchs, addressed Council regarding iBake.
Jeffrey Pawlowski, addressed Council regarding iBake.
(f) Peggy Lapp, an Englewood resident, addressed Council regarding polling and the
Comprehensive Plan
(g) Walter Shrubb, addressed Council regarding iBake .
(h) Ida May Nichol , Englewood resident, addressed Council regarding the Community Town Hall
Meeting on Preserving Englewood's Historic Buildings on July 28 , 2016 .
Council responded to Public Comment.
8. Communications, Proclamations and Appointments
(a) A proclamation declaring July 18, 2016, to be Service Dog Education and Awareness Day .
COUNCIL MEMBER YATES MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE A
PROCLAMATION DECLARING JULY 18, 2016, TO BE SERVICE DOG EDUCATION AND AWARENESS
DAY.
Vote results:
Motion carried .
Ayes : Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit
Nays : None
(b) A resolution approving the 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 .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE
AGENDA ITEM 8 (b) -RESOLUTION NO. 88, SERIES OF 2016.
RESOLUTION NO . 88 , SERIES OF 2016
A RESOLUTION FOR THE APPOINTMENT OF CHRISTOPHER BOECKX AS AN ASSOCIATE MUNICIPAL
JUDGE FOR THE CITY OF ENGLEWOOD , COLORADO .
•
•
•
Englewood City Council
July 18, 2016
Page 3
• Vote results:
Motion carried.
Ayes : Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit
Nays: None
(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.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE
AGENDA ITEM 8 (d) -RESOLUTION NO. 89, SERIES OF 2016 AND AGENDA ITEMS 8 (e) (i) THROUGH 8
(xxix) WITH THE EXCEPTION OF 8 (iv).
RESOLUTION NO . 89, SERIES OF 2016
A RESOLUTION REAPPOINTING MARTA MANSBACHER AS A YOUTH MEMBER OF THE PARKS AND
RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO .
Vote results:
Motion carried .
Ayes : Council Members Russell, Barrentine, Olson, Jefferson, Yates, Martinez, Gillit
Nays : None
(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 . [Clerk's Note: Mr. Barrows declined the appointment.]
(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 appointment 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 .
Englewood City Council
July 18, 2016
Page4
(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 .
(xiii) Certificate recognizing the appointment of Robert Heller to Keep Englewood Beautiful.
(xiv) Certificate recognizing 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
Medical 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 recognizing 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 appointment of Michele Austin as an alternate member to the
Englewood Planning and Zoning Commission .
(xxv) Certificate recognizing 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 .
(xxv iii) 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 .
•
•
•
Englewood City Council
July 18, 2016
Page 5
Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additiona l items submitted for approval on first read ing. (See Agenda Item 11 (a).)
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and (ii).
(i) COUNCIL BILL NO . 25 , INTRODUCED BY COUNCIL MEMBER GILLIT
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 .
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 25 , SERIES OF 2016 (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 .
(ii) ORDINANCE NO . 26 , SERIES OF 2016 (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 .
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Olson, Jefferson, Yates, Martinez, Gillit
Nays : None
(c) Resolutions and Motions
There were no resolutions or motions submitted for approval.
10 . Public Hearing Items
No publ ic hearing was scheduled before Council.
11 . Ordinances, Resolutions and Motions
(a) Approval of Ordinances on First Read ing
(i) Manage r Tallent presented a recommendation from Council Bill 26 -WWTP staff
recommends Council adopt a bill for an ordinance , approving five-year farming lease agreements for :
Progressive Farms , Cra ig Farms Genera l Partnersh ip, Clint A. Burnet, Kent Be ichle , Gary and Nancy Meier and
Jason Me ier .
• COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO . 26.
Englewood City Council
July 18, 2016
Page 6
COUNCIL BILL NO . 26 , INTRODUCED BY COUNCIL MEMBER GILLIT
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 .
Vote results:
Motion carried .
Ayes : Council Members Russell, Barrentine , Olson, Jefferson , Yates, Martinez, Gillit
Nays : None
(ii) Director Rinkel presented a recommendation from Staff to approve a bill for an
ordinance submitting to a vote of the reg istered 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 .
COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER MARTINEZ SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 27.
COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER OLSON
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 MARIJUANA AND RETAIL
•
MARIJUANA PRODUCTS , WITH THE TAX REVENUES BEING 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.
Vote results:
Motion carried .
Ayes: Council Members Russell, Barrentine, Olson , Jefferson , Yates , Martinez, Gillit
Nays : None
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading . (See Agenda Item 9 (b) -Consent
Agenda .)
(c) Resolutions and Motions
(i) Director Rinkel presented a recommendation from the Finance and Administrative
Services Department to approve a motion approving a new Agreement for Investment Advisory services to
include Investment and re investment of the City's assets within the City's guidelines.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO TABLE AGENDA
ITEM 11 (c) (i).
Vote results:
Motion carried.
Ayes: Council Members Russell, Barrentine, Olson , Jefferson, Yates, Martinez, Gillit
Nays : None •
•
Englewood City Council
July 18, 2016
Page 7
(ii) Manager Tallent presented a recommendation from the Littleton/Englewood
Wastewater Treatment Plant to approve , by resolution , the purchase of one, low-ground pressure , rubber-
tracked , farm tractor from John Deere , Inc ., for $265,497 .13 .
COUNCIL MEMBER OLSON MOVED, AND COUNCIL MEMBER RUSSELL SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (ii) -RESOLUTION NO . 90, SERIES OF 2016.
RESOLUTION NO . 90 , SERIES OF 2016
A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF A BENEFICIAL USE
FARM TRACTOR FROM JOHN DEERE , INC .
Vote results :
Motion carried .
Ayes : Council Members Russell , Barrentine , Olson , Jefferson , Yates , Martinez , Gillit
Nays : None
(ii i) Manager Tallent presented a recommendation from the Littleton/Englewood
Wastewater Treatment Plant to approve by reso lution , 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 .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 91, SERIES OF 2016 .
• RESOLUTION NO . 91 , SERIES OF 2016
A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF TWO REAR
DISCHARGING BIOSOLIDS TRAILERS FROM TRANSWEST TRAILERS .
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Olson , Jefferson , Yates , Martinez , Gillit
Nays : None
(iv) Manager Woo presented a recommendation from the Littleton/Englewood Wastewater
Treatment Plant (LIE WWTP) Supervisory Comm ittee to approve , by motion , a contract for the Gates Repair ,
Gates Replacement, and Barscreen Replacement 2016 Project located at the LIE 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 .
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (iv) -A CONTRACT WITH J.R. FILANC CONSTRUCTION COMPANY INC., FOR THE
GATES REPAIR, GATES REPLACEMENT, AND BARSCREEN REPLACEMENT 2016 PROJECT LOCATED
AT THE LIE WWTP, IN THE AMOUNT OF $422,960.00 AND APPROVE A 5% CHANGE ORDER
CONTINGENCY IN THE AMOUNT OF $20,000 FOR A TOTAL PROJECT COST OF $442,960.00.
Vote results:
Motion carried .
Ayes : Council Members Russell , Barrentine , Olson, Jefferson , Yates, Martinez, Gillit
Nays : None
• 12 . General Discussion
(a ) Mayor's Choice .
Englewood City Council
July 18, 2016
Page 8
(i) There was a Call, by Mayor Jefferson, for an Executive Session to discuss issues
specifically related to determining pos itions 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).
MAYOR JEFFERSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO MOVE INTO 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).
Vote results:
Motion carried.
Ayes : Council Members Russell , Barrentine, Olson, Jefferson , Yates, Martinez, Gillit
Nays : None
The meeting recessed at 9:16 p.m.
The meeting reconvened at 9:52 p.m . with all Council Members present.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER YATES SECONDED, TO CLOSE THE
EXECUTIVE SESSION.
•
Vote results: •
Ayes : Council Members Russell , Barrentine, Olson , Jefferson , Yates, Martinez, Gillit
Nays : None
Motion carried .
(b) Council Members' Choice
13 . City Manager's Report
14 . City Attorney's Report
(a) Acting City Attorney Comer led a discussion of marijuana social clubs .
15 . Adjournment
MAYOR JEFFERSON MOVED TO ADJOURN . The meeting adjourned at 10 :10 p.m.
Isl Loucrishia A. Ellis
City Clerk
•
,,
08/01/2016
City Council Meeting
Dear City Council Members,
11 Englewood Cares and the Sludge is Just Dirt"
A mantra I have heard repeatedly from Councilman Gillet, and alluded to by Mr. Keck in his 04/01/2016
talking points to City Council in which Mr. Keck minimizes and critiques Mr. Kloewer's actions and cla ims
r egarding his cancer. *See attached regarding low level exposure and cance risk .
Mr. Keck used a 4 year old 02/28/12 letter from COM (Camp Dresser McKee) associate James M Lavelle ,
Ph .Das Mr. Keck 's proof of the safety of the sludge .
Mr. Keck refers to Mr. Lavelle as the "expert" in his 04/01/2016 talking points . Mr. Lavelle declares the
11 Radium activities in residuals continue to be below levels of concern as defined in the risk assessment
developed for landfill disposal (COM 2007)" and "current data continue to support the practice of
municipal landfill disposal for residuals from the AWTP ".
When in fact that 4 year old 02/28/12 letter from this COM 11 expert" had already been completely
discredited also 4 years ago in the 03/28/12 response form CDPHE that I presented before City Council
last Council meeting-and in which approval for disposal was denied by CDPHE for AWTP sludge siting
that the data actually showed that in 2010 Radium 226 and Radium-228 were 5 and 10 times higher
than they were in the 2007 Risk assessment . And the data also showed that in 2009 and 2010 total
Radium exceeded the maximum levels allowed <10 pCi/g for Municipal Landfills reaching 15 .7 pCi/g in
2009 and 10.1 pCi/g in 2010 .
11 But Englewood Cares and the Sludge is just dirt."
And even though the EPA identifies and advises municipal WTP to apply very stringent safety r ules
concerning sludge and other residuals to ~worker exposure to direct contact, inhalation, and
ingest ion of dust from the dried sludge piles and othe r residuals (see attached), Englewood chose to
apply very few if any of these safety measures regarding sludge, even allowing a community garden to
be created right next to a sludge pile .
Possibly Englewood did not want to alarm neighbors if they saw plant workers in protective gear.
EPA also advises workers bag and wash their dust covered cloths separately from the general laundry-
but that was never told to the plant workers .
11 But Englewood Cares and the Sludge is Just dirt."
Englewood did not enen begin to address and assess the requirements imposed by the State until
almost 2 years later in 12/2013 when it contracted with ARCADIS. With now 3 years of stockpiled
uncovered sludge and other residuals on site at the WTP.
During which time two long time dedicated plant workers were diagnosed with cancer in 2012, and
passed away in 2013 . Mr. Kloewer was diagnosed with cancer in 2013. And since, anothe r longtime
employee at the plant has been diagnosed with cancer, as well as two plant employees wives .
"But Englewood Cares and the Sludge is just dirt."
Mr. Fonda and Mr. Brennan contracted with ARCADIS to assist in assessing cost of compliance. But
Englewood only provided ARCADIS with the 2011 sludge data and just two test samples from 2012 that
were limited in focus to just total Alpha and Total Beta. ARCADIS repeatedly declared that a complete
set of data would be recommended for a final analysis.
"But Englewood Cares and the Sludge is just dirt."
As of today 08/01/2016 Englewood currently does not have an approved updated Risk Assessment . And
the 2007 (CDM) risk assessment was rendered inaccurate if not invalid in the 03/28/12 CDPHE due to
Englewood's failure to report and include the existence of the methane gas collection and control
system and its resulting impact on public exposure to Radon 222 .
QUESTION -without a valid risk assessment on what basis can Englewood claim their sludge and other
residuals as well as the stockpiled site conditions had no causal relation to the cancers?
"But Englewood cares and the Sludge is just dirt"
I am sure it is only coincidental that it appears that Englewood actions suggest something akin to
criminal negligence resulting in death, or at minimum dereliction of duty in informing and protecting the
Health and Safety of their dedicated workers at the plant.
But of course we know "Englewood Cares and the sludge is just dirt."
Thank you,
Kathleen Bailey
4686 S Jason St.
Eng lewood, CO 80110
720-539-1855
kbecology@hotmail.com
Introduction
The Radionuclides Rule
Community water systems (CWSs) were required to begin
complying with the revised Radionuclides Rule on December 8,
2003. The Rule retained the maximum contaminant levels (MCLs)
for combined radium-226/228, gross alpha particle activitv, and
beta p article and photon radioactivity. The Rule also revised and
added to exi s ting requirements, set a new MCL for uranium 1 and
separate monitoring requirements for radium-228, and required
CWSs to m o nitor at each entry point to the di stribution sys tem .
f<'or more information on the Rule's requirements, see:
I 11 rn: / i www.c p a.~o ,·/ :;:1fe\-';Hcr i rnclin nuc.htrnl.
Public Health Risks of Exposure to Radionuclides in
Drinking Water
~adiation exposure is regulated on the assumption that ~
'exposur e carnes some risk of a health effect. Radiation-induced
health effects can be detem1i11istic, in which biological damage ~
readilv observed and proporuonal to the level of expo s ure~
,_J-_Jlochastic, in which the robabilitv of a health effect ts related to the
1\ \__ evel o exposure, but the seve ritv is not. Deterministic ~
have only been observed at relatively hi gh e;p_g:;.!:!feS d ~~vered
o;er a short time .. Doses a ssociated with ex osures to n~ai
bmground radiation or n ical ra oactive materials in water
treatme nt p ants are generally manv times lower than the hi gh
doses that are needed to cause such effects. Stochastic effects are
~~~al ot low radiatt~n delive red ove ~
of time (e.g., chronic exposure s). The principal concern associated
with low dose ra~p~re i;;[he possible occurrence of
ca ncer vears after the exposure occurs. In addition, uranium can
Geehemicallv toxic to the kidnevs.
Fundamentals of Radiation
Table 1: Radionuclides MCLs
Combined radium-226 and 228 5 pCi/L
Gross alpha particle activ ity 15 pC i/L
(ex cluding radon and uranium)
Beta particle and photon .i mrem /year
rad ioactivi ty
Uranium 30 µg/L
Measuring Radiation
Q uantities of radioactive material are meas ur ed as
ra dioactivity or activity in curies, i.e .,
di sintegrations (decays) per se cond. T he potential
fo r health hazards increa ses as activity increases.
Radioactive material found in water treatm ent plant
resid ual s or source wate r is usuall y meas ured in
microcuries or picocuries (pC i).
The body's exposure to ioniz in g radiatio n is
ty picall y expressed in millirem (mrem). Dose
standards are typicall y expressed as a rate of
ex posur e, in millirems per unit of tim e (e.g., hours
or yea rs).
Human beings are constantly exposed to radiation from natural and manmade sources. The average radiation dose to
an individual in the Uni ted States is about 360 mrem/yr (s ee Table 2 o n the following page). On average, 80 percent
of that exposure comes from natural so urces including cosnuc radiatio n from o uter s pace; terre strial radiation from
natural radioactiv e materials in rocks, so il , and minerals; and radiation inhaled or inge sted from food and water.c
. \dditio nal exposure comes from manmade so urces of radiation including medical X-ravs and industrial u se of
radioactive material. Table 2 o n the following page summarizes average annual exposures to radiation within the
Cnited States. Note that radiation exposure can va rv greatly according to factors such as an individual's locati o n ,
lifcstvle, and daily activities.
Radiation is characterized as "ionizin_g " and "non-ionizing." Uranium and radium occur narurallv in rocks and soil as
the result of radioactive decav," o r the rele ase o r transfer of excess energy, ot uraruum-238 and thonum-232. This
excess energy is ioruztn g radiation. Io ni zi ng r adiation is of sufficient ener . to break chemical bonds and re'move -';f-
dectrons, potentially causing b iological damage. /\:o n -toruztng ra iation, such as v1s1 e li ght and in frared , 1s lower
~ -------=~~~~"'----
"'1 'r:mium" re fers to al l isotores Jh:tt make ur narurallv occurnn~ uranium: U-23 8, U-235, and U -234 .
:1 '.::;. D ep artm e n t o f l:::nergy :inc.l U.S. El'c\ ln te ragencv Stee ring Commmee on lbJ i.it.ion S1anc.la rJ s (I SCORS), 2003-IJ -I .
Although designed for post-cleanup surveys of radioactively contaminated sites, U.S. EPA's Mu/ti-Agemy Radiation
Survey and Site Investigation ivlan11a/ (MARSSil'vl) (EPA 402-R-97-016 Rev. 1) provides useful information on planning
and conducting a survey of potentially contaminated surface soils and building surfaces. The manual and other
information on radiation surveys can be obtained from U.S. EPA's Radiation Protection Division \Veb site at
http: I /w"<;\'"\V.epa.~ov I radiation / marssim.
Seven federal and two state agencies contributed to the development of.MARLAP . .MARLAP provides guidance for
the planning, implementation, and assessment phases of projects that require laboratory analysis of radionuclides . This
guidance is intended for project planners, managers, and laboratory personnel and provides extensive detail on the
radiological sampling and analytical process, including laboratory procedures. A copy of the manual can be found at:
h tt:p: I /w,vw.qn.gov /rad iation /marlap I manual.html.
U.S. EPA also recommends that the system check for the presence of radon in buildings encasing system equipment.
States should consult with radiation program staff to determine whether radon measurements have been taken in the
county, whether a map or survey of indoor radon measurements has been developed for the county, where the system
is located, and to determine the appropriate means and methods for conducting radon surveys . The state or private
radon proficiency programs may be able to provide a list of licensed or certified radon contractors who could conduct
the survey. Additional information on how to find qualified professionals can be found at
h tt:p: //w,vw .epa.gov /iaq/ radon / pro ficiencv. ht ml.
For U.S. EPA guidance documents on approaches to risk assessments of soil and water, see the Superfund Radiation
\Veb sites at http:i / W'N'i.v.epa.gov / superfund/ resources/ radiation and
http://\VWw.epa.gov I superfund / resou.rces I rn(fortion / whatsne,v.htm.
1-E.2 Radiation Exposure Due to Water Treatment Operations
The following disettssion applies f!!iY. to systems 1vhere there is the potential for acettm11/ation of radioactivity.
\Vater system workers are most likely to be exposed to elevated levels of radioactive materials when comin into
contact W1 residuals, filter bac i:WaS , a!"Jd sludge; d):!!ing maintenance of contaminated pumps Or piping; O~e
moving or trans ortin. wastes and filters for disposal. Possible sources of radiation include pumps and piping where
miner scales accumulate; lagoons, and flocc atlon and sedimentation tanks where residual sludges accumulate;
filters, pumping stations, and storage tanks where scales and sludges accumulate; and facilities where filter backwash,
brines, or other contaminated water accumulates. Facilities that are enclosed present the potential for enhanced
radiation inhalation exposure, particularly from radon. Exposure to radiation can also occur at residuals processing or
handling areas at the system and off-site locations such 1rs"landfills where residuals are shoveled , transported, or
dispose o .
The table below shows the three primary paths of radiation exposure at a system: inhalation, ingestion, and direct
exposure.
Pathway
Inhalation
Concern
Inhalation of alpha-or beta-emitting radioactive materials is a concern because radioactive
material taken into the body results in radiation doses to internal organs and tissues (e.g.,
lining of the lungs). Workers could inhale radioactively contaminated dust or water droplets
while dealing with residuals or during normal filter operations. Cleaning methods such as air
scour, high pressure water sprays, and backwash operations can increase suspension of
radioactively contaminated water, dusts, and particulates in respirable air, thus increasing the
potential hazard of inhalation or ingestion. Workers can inhale radon and its progeny in both
wet and dry conditions . Sim le dust masks may not provide adequate protection from
exposures via this pathway, and systems may need to !mp ement Occupation afety and
Health Administration (0Sf0) _i:~quirements tor respirators.
Pathway Concern
~~~l{h v.-~r-~
v'-&~j
Ingestion
~~~~--l-~:::=:;======~====~========~~====~~=-~w~~
Direct Exposure Radioactive materials that emit gamma radiation are of concern bec ause the gamma rays pose
an external radiation exposure hazard . Because gamma ra ys can pass through common
· construction matena!s and most protective clothing, th e di stance between the radioactive
material and the person, as well as the time spent in proxuruty to the matenaJ are factors 1n
ilie amount of exposure the person receives. As ga mma radiation travels t hrough air,
e ~p.osure can occur near a source of radiation aS\Vell as throu gh direct contact. WOrkers
most w~-ITI!-dttectlyn-poSeC! are those who handle or worKiiitEe vlci:tllty o~nks ,
residuals filter backwash and contaffiln eabnnes or waters , or participate 1n the
·maiti.tenance of the treatment system or the replacement an transportation of filter media .
The International Commission on Radiolo gical Protection (ICRP) and National Council on Radiation Protectio n and
Measurements (NCRP) have recommended that facilities strive to make the levels of radiation to which the__public and
the environment are exposed as low as reasonably achiev able (ALARA) (i.e., below regulatory limits) taking i ~·
account social and economic considerations . ~s that facilities can take 1nclude limiting the time that workers sp end
1'andlin radioactive material, increasin the dist ance between workers and the material, and providin shieldin from -
the radioactive materi .
In addition, OSHA has develo ed occu ational radiation standards (see 29 CFR 1910.1096) that might apply
w enever an operator becomes aware of the presence of ra ation at the facility . Although these standards may not
apply to municipal water treatment plant workers, these workers may be covered by their state OSHA program,
requiring that an controls , morutoring, record keeping, and trammg outlined in the OSHA standards be met.
A dditional O SHA standards that may be applicable to water systems include:
~ Re quirements that personal protection equipment (or PPE, for the eyes, face, head, and extremities) such as
protective clothing, respiratory devices, and protectiv e shields and barriers be provided, used, and maintained
w henever processes or radiological hazards capable of causing injury through absorption, inhalation, or
phys ical contact necessitate such equipment. There are numerous other requirements related to the
poss ess ion and use of PPE, including training for employees w ho would u se the equipment. For more
in fo rmation, see 29 CFR 1910.132-136 .
Requirements for practices and procedures to protect employees in general industry from the hazards of entry
into permit-required confined spaces. For more information, see 29 CFR 1910.146 .
~ Lockout/tagout requirements that require employers to establish a program and follow procedures for
affixing appropriate lockout or tagout devices to energy isolating devices and disable m achines or equipment.
This avoids injury to employees by preventing unexpected energization, start-up , or release of stored energy .
For more information, see 29 CFR 1910.147 .
Hazardous COJ;ll!Ilunication requirements that ensure the potential hazards of chemicals produced during or
imported for treatment are ev aluated and the information from this evaluation is communicated to employees
through measures such as container labeling, material data safety sheets , and employee training, among others.
These requirements do not apply to RCRA-defined hazardous was te or ionizing or non-ionizing radiation.
For more information, see 29 CFR 1910.1200.
24
Pathway Concern
~~~f, 0-~r-~ v-&~~
Ingestion
~~~~~=:=:====:::::::::::~======~~===:::::=:::::s~~~~=--~w~~
Direct Exposure Radioactive materials that emit a radiation are of concern because the gamma rays pose
an extern radiation exposure hazard. Because gamma rays can pass throug common
construction matena!s and most protective clothing, the distance between the radioactive
material and the person, as well as the time spent in p?ox1m1ty to the matenal are factors 10
the amount of exposure the person receives . As gamma radiation travels through rur;--
e:<:pme can occur near a source of radiation as well as through direct contact. WOrkers ,
most Jikclto-lJe--directly-ex-p-oseaarethose who handle or work 10 the vicinity oTresin tanks,
residuals filter backwash and conta . bnnes or waters, or participate 10 the
.m;U~~e_ treatment system or the replacement an transportation of filter media.
The International Commission on Radiological Protection (ICRP) and National Council on Radiation Protection and
Measurements (NCRP) have recommended that facilities strive to make the levels of radiation to which the public and
the environment are exposed as low as reasonably achievable (ALARA) (i.e., below regulatory limits) taking into
account social and economic considerations. ~ps that facilities can take include limiting the time that workers spenc:!_
.,llandlin radioactive material, increasin the distance between workers and the material, and providin shieldin from
the radioactive maten .
In addition, OSHA has develo ed occu ational radiation standards (see 29 CFR 1910.1096) that might apply
w enever an operator becomes aware of the presence of ra ation at the facility. Although these standards may not
apply to municipal water treatment plant workers, these workers may be covered by their state OSHA program,
reqUirlng that an controls, morutonng, record keeping, and trrng outlined in the OSHA standar~.
Additional OSHA standards that may be applicable to water systems include :
~ Requirements that personal protection equipment (or PPE, for the eyes, face, head, and extremities) such as
protective clothing, respiratory devices, and protective shields and barriers be provided, used, and maintained
whenever processes or radiological hazards capable of causing injury through absorption, inhalation, or
physical contact necessitate such equipment. There are numerous other requirements related to the
possession and use of PPE, including training for employees who would use the equipment. For more
information, see 29 CFR 1910.132-136 .
Requirements for practices and procedures to protect employees in general industry from the hazards of entry
into permit-required confined spaces. For more information, see 29 CFR 1910.146.
~ Lockout/tagout requirements that require employers to establish a program and follow procedures for
affixing appropriate lockout or ragout devices to energy isolating devices and disable machines or equipment.
This avoids injury to employees by preventing unexpected energization, start-up, or release of stored energy .
For more information, see 29 CFR 1910.147 .
~ Hazardous CO.Q."1111Unication requirements that ensure the potential hazards of chemicals produced during or
imported for treatment are evaluated and the information from this evaluation is communicated to employees
through measures such as container labeling, material data safety sheets, and employee training, among others .
These requirements do not apply to RCRA-defined hazardous waste or ionizing or non-ionizing radiation.
For more information, see 29 CFR 1910.1200.
24
In circumstances where a facility may in the future be licensed by the NRC or Agreement State, worker safety
precautions and radiation protection controls would take precedence (e.g., 10 CFR 20.1900, which lists radiation
exposure posting requirements).
In addition to the OSHA requirements, systems should be encouraged to follow the safety practices listed below.
Th.:::_ measures can reduce workers' risk of exposure to radioactivity and radioactive particulate~
Safety Measures
.I Use an OSHA-approved respirator to avoid inhalation of biological pathogens and chemically toxic materials in
residuals. Simple dust masks may not provide adequate protection .
./ Limit time spent at land disposal sites to reduce inhalation of contaminated dust .
.I Ventilate all buildings, especially where waste with high concentrations of radium is stored .
.I Take standard OSHA measures to limit the potential ingestion of heavy metals and biological pathogens present in
filters, residual sludges, and at land disposal sites to help reduce possible ingestion exposure to radioactive materials .
.I Use protective gloves and frequently wash hands (particularly before eating and drinking) to reduce the potential for
ingestion. Similarly, avoid eating and drinking in the vicinity of facilities or land disposal sites where air suspension of
contaminated particulates or water droplets could occur .
.I Avoid direct contact with any solid TENORM waste and use shovels or other remote-handling tools during extraction,
transfer, and packaging .
.I Locate treatment units and waste storage areas as far away from common areas (e.g., offices) as possible .
./ Shower after exposure to potentially radioactive materials and launder work clothing at the system if possible. If
laundering equipment is not available, workers should keep and wash work clothing separately and avoid wearing
contaminated clothing into the home. Work boots or shoes should be wiped and cleaned after potential contamination.
They should stay at the system or not be worn into the home .
./ Use gamma survey instruments or equivalent monitors at least once annually to monitor the system's ambient radiation
levels in areas where radionuclides are removed .
./ Monitor levels of radiation to which staff are exposed. Systems should contact, or be referred to, state or other
radiation experts for more information on how to monitor radiation levels.
Treatment plants that are licensed by the NRC or Agreement State should be referred to CFR Parts 19 and 20 for
licensee reporting, notification, inspection, and safety requirements. Llcensed facilities are required to post the
regulations listed under Parts 19 and 20, along with numerous other documents related to the license and the activities
conducted under the license. Employees likely to receive occupational doses greater than 100 mrem/year must be
kept informed and instructed on various issues related to health protection, relevant regulations, and the facility's
storage and transport of radioactive materials, among other things . Licensees must also keep individual employees
informed of the annual radiation dose that they receive . Current and former employees can also request reports on
their exposure to radiation or radioactive material .
10 CFR Part 20 outlines requirements for licensees to develop radiation protection programs (10 CFR 20 .1101), sets
dos~ lirp.its and occupational limits for exposure to r~diation (10 CFR 20.1201 to 1302), instructs licensees on how to
~5
Initial Data R ev~ew
, ,,.
)
f I' ,:·o
L·\
d
\f\t\ P' ~
Sampkl ID Dale Sampled Sample
Ra-226 Ra-228 Cornbloed Rn' Total Uranium Gross alpha' Gross alpha Gross beta Total Solids
pCl/g pCUg pO/g (cnlcliateo) mon<o pOtg (ca!clia!ed) pCVg pCl/g % or 1nglL
A 1111512011 Slooge 3.2 4 .4 76 251 168 140 170 27 .3
B 11'1512011 Sludge 37 32 69 410 275 140 190 44 0
c 1111512011 Sludge 25 26 51 169 113 100 120 22G
0-composile 11115/2011 Sludge 24 24 48 347 ~ 232 -86 120 44 7
D39532 101412012 Floc_Sed West -----360 110 1320 Grab -Aqueous
D39531 101412012 Floc ·Sed East -240 63 810 Grab -Aqueous ----
Combined Natural
Disposal 226/228 Ra Uranium
Criteria
pCi/g abo\€ pCllg abo\€
backmaund l1l back around ( n
<3 <30
Exemot
Approved for
MSWLF (2) or <10 <100
Comoost Feed
<50 <300
Industrial Landfill
'23
RCRAC Haz <400 0,05% by weight
Waste Landfill (3)
~ ARCADIS
·-------·-------·----·---------·
~ARCADJS Allen Water Treatment
Plant Residuals
Management and Disposal
Evalua tion
:.r canCiitian c ,.." · ·Rildionuclide,'-Conceotratf~n Limit ··::·." .... -~i\ ·i::i;-:" · : : i· ~Description,:· ·. :·;, . ; . , .
Sum of
Individual
Fractions
Total Yearly
Quantity
nsRa, naRa
Ne1u. 2J2Th
228 Ra. 229 Ra
Na!U. 232Th
< 1.0
< 1.0 Ci
The sum of individual fractions for each radionuclide
in the discharge stream must be less than 1. If all
radionuclides are present, then the sum of fractions is
calculated as:
226Ra 22aRa Natu 2nrh
22sR + 22aR + Natu + 232Th :5 1.0
CL a CL a Cl CL
Where the numerator for each radionuclide is equal to
the concentration in the discharge stream, and the
denominator is equal to the individual radionuclide
concentration limit as stated in Table 483 (see above
for reference)
The total yearly quantity of all radionuclides presen t in
the discharge stream are required to be fess than 1.0
Ci.
Using the concentrat ion limits in Table 3-1, ARCADIS evaluated the available res idu als
radioactivity data in the WTP solids blowdown stream from the sedimentation basins.
Table 3-2 below presents a summary of the availab le WTP grab samp le data provided
to ARCADIS. :rhe City has collected two samples on October 4, 2012 . one from each
the East and West Sedimentation Basins for oross alpha and gross beta. As such, \
there is a limited data set and individual activities of individual radionuclide .ff,·
~ents: such as Ra-226. Ra -22 8, U-Nat, or Th-232 are not available .
.,.. Tab le 3-2 WTP Sedimentation Sasin Slowdown Grab Sample Results
'Samples collectetl on 10/412012
In order to conduct an "order of magnitude' evaluation on the available data relevant to
the CDPHE limits, ARCADIS conservatively assu--ni~h~tthe-;~tirety of the gross
· alpha concentration present in the sedimentation basins w~S'liranium has
•
•
•
City of Englewood, Colorado
Budget Advisory Committee
Long Term Asset Reserve Fund
(LTAR)
An Issue Brief Prepared for
City Council
Submitted
July 19, 2016
Prepared by
Christine McGroarty, Chair
Steve Ward, Vice Chair
John Moore
Harvey Pratt
Ben Rector
~En°lewood ~ g COLORAOO
www.englewoodgov.org/budget-advisorv-committee
The Budget Advisory Committee (BAC) is pleased to present its first "issue brief' to •
Englewood City Council. Issue briefs allow us to address specific topics directly. In
this inaugural issue brief, the BAC will share its perspectives on the Long Term Asset
Reserve (LTAR) fund .
Background on the BAC
The Englewood City Council created the Budget Advisory Committee in May 2013
(Ordinance 16, Series 2013) with the following purpose:
The Budget Advisory Committee (BAC) is established by Council and the City
Manager to advise the City on the development, implementation, and evaluation of
the annual City Budget. Participation in the Budget Advisory Committee is an
opportunity not only to advise on the prioritization of how city tax dollars are spent,
but also to advise policymakers in their decision-making process in an open and
transparent manner.
The BAC is comprised of:
Christine McGroarty , Chair
Steve Ward, Vice Chair
Shelley Manzano (appointed July 5, 2016)
-John Moore (term expired June 30, 2016)
Harvey Pratt
Ben Rector
The BAC has been meeting monthly along with various City staff to deliver on its
charge:
Once the budgets have been reviewed and have incorporated requests for new
programs and/or personnel authorized by the City Manager, the Budget Advisory
Committee shall submit a written report of its findings and recommendations (BAC
Report). The BAC Report shall be delivered to Council prior to the public hearing
regarding the budget.
In our ongoing efforts with respect to the annual budget process, the BAC found the
issues around the L TAR fund to be critical, and warranted this supplementary
communication to Council.
Up front we note that former BAC member John Moore was an integral part of the
creation of LTAR during his tenure as a Council member. And while his personal
knowledge of the history of LT AR has been helpful in building the BAC 's knowledge
base and the creation of this issue brief, the opinions expressed herein represent the
collective opinion of the BAC .
Budget Advisory Committee Issue Brief to Englewood City Council
July 19 , 2016
2
•
•
• Creation of LT AR
•
•
Around 2005 or so, the City found itself dealing with some significant real estate
issues, two in particular:
• In the 1950s, to secure water rights and the Mclellan Reservoir, the City
purchased 165 acres of land in what became the Highlands Ranch area.
Eventually C-470 split the land. By 2005, the City was working with car
dealerships interested in the land north of C-470 and the Regional
Transportation District (RTD), which was interested in putting in a light rail
station on the land south of C-4 70 .
• In the 1970s, the City of Englewood created a golf course within the boundaries
of the City of Sheridan, its neighbor to the west. By 2005, Sheridan was
working with Englewood to reconfigure the golf course so that commercial
development could proceed on the Sante Fe Drive side of Englewood's golf
course.
Generally the City's land can't be sold without a vote of the citizens, so for the most
part, lease arrangements were pursued. The exception was with RTD . They required
full ownership of the land they needed to acquire for light rail, so, in effect, they used
their condemnation powers to acquire the land from the City. These transactions
resulted in the inflow of new monies beginning in 2007, at which time Council
established the L TAR and directed that all proceeds from the disposition of long term
assets (i.e., real estate), were to be funneled through the L TAR. This formally
occurred with Resolution No. 90 on October 15, 2007 , as reflected in the minutes of
that meeting:
The City Council of the City of Englewood, Colorado has determined that funds
from the sale, lease, or earnings from long-term assets should be used in a careful,
judicious and strategic manner. For this reason, City Council hereby authorizes the
creation of a Long Term Asset Reserve Fund (LTAR), and funds received from the
sale, lease, or earnings from long-term assets shall be reserved in the L TAR Fund.
The funds in this restricted account can only be expended if the funds are
appropriated in the annual budget or by supplemental appropriation.
In moving the resolution forward, then Council Member Moore noted:
As you all know, I very much support the creation of this Reserve, if nothing else,
for the sake of allowing us to make very conscious decisions about the use of our
long-term assets ... The creation of this Reserve will provide very transparent
tracking of when we do utilize those funds, both for this Council and hopefully for
many future Councils.
More recently the electors voted in November 2015 to allow the sale of Mclellan
Reservoir property with City Council approval after the first 20-year lease term .
Budget Advisory Committee Issue Brief to Englewood City Council
July 19, 2016
3
Usage of LT AR
The chart on the next page summarizes all of the LT AR transactions since its
inception. Up front it is important to distinguish between sale versus lease proceeds.
While both are covered by the LTAR resolution, the Council that created LTAR and
every Council since have agreed through the annual budgeting process to use lease
proceeds to support the City's annual operating budget. These transactions (totaling
$4.4 million) are shown in the first section.
The two sections that follow show the inflow and outflow associated with sale
proceeds. We have divided those into "temporary" and "permanent" transactions.
Roughly $3.5 million in proceeds from the sale of land has been contributed. Funds
from L TAR have been used on a temporary basis a few times, either for short term
loans or for the development of the property to be leased (currently, this category is in
a net use position by about $1.0 million). Thus far, just under $600 thousand has been
"permanently" used on expenditures not related to the underlying long term assets.
Budget Advisory Committee Issue Brief to Englewood City Council
July 19, 2016
4
•
•
•
•
•
•
Sources ofFunds Uses ofFunds
Additions
LTAR-General Fund Operation Transactions
Dec-08 Proceeds from leases 599,143.00
Dec-08 Transfer to General Fund for Operations
Dec-09 Proceeds from leases 611,837 .00
Dec-09 Transfer to General Fund for Operations
Dec-10 Proceeds from leases 105 ,125 .00
Dec-10 Transfer to General Fund for Operations
Dec-11 Proceeds from leases 425,159.00
Dec-11 Transfer to General Fund for Operations
Dec-12 Proceeds from leases 551,295 .00
Dec-12 Transfer to General Fund for Operations
Dec-13 Proceeds from leases 573,526.00
Dec-13 Transfer to General Fund for Operations
Dec-14 Proceeds from leases 684,683.00
Dec-14 Transfer to General Fund for Operations
Dec-15 Proceeds from leases 873 ,347 .00
Dec-15 Transfer to General Fund for Operations
Subtotal 4,424,115 .00 r r
LTAR -Temporary Transactions
Mar-09 Fund McLellan improvements to increase lease payments
Dec-09
Apr-10
Jun-12
Jun-12
Jun-14
Jan-16
Partial return of funds for McLellan improvements
Borrow to support NSP
Return ofNSP funds
Borrow for fountain repairs
Partial return of funds for fountain repairs
Fund McLellan improvements to increase lease payments
Subtotal
LTAR -Permanent Transactions
Oct-07
Apr-08
Jun-08
Dec-09
Mar-09
Jan-10
Mar-II
Proceeds from golf course
Proceeds from sale ofMcLellan land to RTD
Transfer from General Fund Unreserved Fund Balance
Proceeds from leases
Fund regular city street improvements
Fund COPS Grant reserve
"'
591,836.86
755,907 .52
43,723 .70
1,391,468 .08
1,986,000 .00
499,142 .50
1,000,000.00
20 ,000 .00
"'
Fund 2011 Catalyst Program
Subtotal 3,505 ,142.50 r r
Total 9,320,725 .58
Net Additions (Deletions)
Opening Balance LTAR
Balance LTAR as of January 31, 2016
Budget Advisory Committee Issue Brief to Englewood City Council
July 19, 2016
Deletions
(599,143 .00)
(611 ,837 .00)
(105 ,125.00)
(425,159.00)
(551 ,295 .00)
(573,526.00)
(684 ,683.00)
(873,347 .00)
( 4,424 ,115.00)
(800,000 .00)
(750,000 .00)
(100,000 .00)
(800 ,000.00)
(2,450 ,000.00)
(165 ,000.00)
(298,512.00)
(120,000.00)
(583 ,512 .00)
(7,457,627.00)
1,863,098.58
0.00
1,863,098.58
5
BAC Perspectives on Using LTAR
With the history of l TAR laid out, the BAC would like to share its perspectives on the
usage of l TAR. We suggest several principles:
• It seems clear that the Council (of 2007, at least) believed that the disposition of
the City's long held assets should not simply flow into the annual operating
budget without conscious thought.
• We believe there are at least two key perspectives embedded in that statement:
o These assets were held for decades by the citizens of Englewood, with
no benefit to the operating budgets effecting those citizens during that
time. In consideration of intergenerational equity, proceeds from the
liquidation of those assets should not benefit some small cohort(s) of
later citizenry.
o The long-term assets do provide financial security for the City. To the
extent such assets are being "cashed in," the proceeds should be used
strategically, presumably for the ongoing long term benefit of the City.
• While it is clear Council did not want such proceeds (particularly sale proceeds)
to simply be absorbed into the annual budget, the L TAR was not meant to be a
permanent repository for the funds . The funds were to be used, albeit in a
"careful, judicious and strategic manner."
The BAC sees the l TAR revenues in two distinct categories: one-time revenue
associated with sale of an asset and ongoing revenue from lease payments. The BAC
believes that the principles of intergenerational equity are especially relevant for the
portion of the l TAR fund that is derived from sale of assets . Alternatively, the BAC
believes that revenue generated from lease of assets, such as the Mclellan Reservoir
property, could be viewed with more flexibility. In recent years, as shown above,
Mclellan Reservoir lease revenues have been used to support ongoing annual
operating expenses. However, since the Mclellan Reservoir properties could be sold
at the end of their 20-year lease, the BAC suggests that this lease revenue might be
better viewed as temporary in nature. Consistent with the "fiscal health and wellness"
approach now being used by Council and the City Manager, we suggest caution in
relying on temporary lease revenue to fund on-going operating expenses. We
encourage Council to consider migrating towards using temporary lease revenue for
the capital improvements fund to avoid creating a reliance on temporary funding for
on-going operating expenses. The City has significant capital needs and there is not a
dedicated funding stream to meet these needs. Although dedicating lease revenue
would not be sufficient to meet the full capital needs, this would secure some much
needed funding for the capital improvements fund. We also note that capital
improvements tend to benefit generations of taxpayers, not just the current generation,
consistent with the principle above.
Putting this into an example, investing funds into something that would produce long-
term revenue for the City, such as updates to Pirate's Cove, would be consistent with
the principles outlined above . But going further, the BAC believes that using those
long-term revenues, generated from an investment funded through l TAR, to support
Budget Advisory Committee Issue Brief to Englewood City Council
July 19, 2016
6
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•
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the City's operating budget could be a reasonable consideration. Most notably in that
example, the proceeds would be used to support the ongoing generations of
taxpayers, and not spent inequitably on a small cohort of citizens. Further, the City
must find ways to diversify its revenue against not just the volatility of sales tax
streams, but their inherent uncertainty in an increasingly internet-based society.
Therefore using the L TAR to fund investments that would generate revenue, such as
upgrades to Pirate's Cove or the golf course, would have an on-going benefit for
multiple generations of citizens. If desirable, L TAR could serve as a loan source to
fund these types of investments and some or all of the additional revenue could be
used to pay back the fund over time.
Another example of a use for L TAR that would be consistent with these principles
would be to purchase an asset, such as land, that could be used for a park or other
amenity. The L TAR funds may best be used to benefit multiple generations with a
guiding principle of replacing an asset with an asset. Ideally there would be
something on-going and tangible for the community associated with utilization of the
LTAR funds.
The BAC is encouraging the Council to consider clarifying and codifying its policy
around utilization of L TAR and we offer the above as guidelines for those policies. The
BAC hopes to see L TAR funds used for long-term, intergenerational benefits to the
community. Summarizing:
• The BAC encourages Council to invest LTAR funds productively into the City,
and not leave them permanently idle.
• Ideally funds would provide long-term benefit to the citizens, and not benefit just
a small cohort of taxpayers.
• A long-term benefit can be "quality of life" in nature, such as with additional parks
and green space.
• A permanent revenue source that supports the ongoing operating budget would
also provide a long-term benefit by, for example, reducing sales tax dependency.
• A temporary revenue source is not an ideal use for operating expenses, as that
could create dependencies and produce intergenerational inequity.
• Loans from LT AR that are used to develop property and increase lease income
are appropriate investments towards realizing long-term benefits; however, loans
to support short-term operational issues may be viewed with reservation and
would ideally be paid back quickly .
Budget Advisory Committee Issue Brief to Englewood City Council
July 19, 2016
7
·' -·
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
August 1, 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
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ADDRESS TOPIC
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My name is Joyce Slaughter and I live at 4900 So. Lipan Drive in Englewood and I am here to speak on
the alum sludge issue at the water treatment plant. My house is located a stone's throw away from the
plant and not far from the piles of alum sludge that were stockpiled there for the last several years .
First and foremost, I want to state that my biggest concern is for the safety of the workers and residents
that work and live in close proximity to the plant. Tonight, I would like to address some confusing and
contradictory information from the letter I received recently from the city manager, Eric Keck , regarding
this issue . The date of Mr. Keck's !etter sho w s Ju!y 7, 2016 2nd mentions the resu!ts of a r ecent ly
completed, third-party medical study of the residuals from renowned epidemiologist, Herman Gibb . The
letter from Mr. Gibb was attached and showed a date of July 14, 2016, one week later than the date of
Mr. Keck's letter.
In Mr. Keck's letter, he states that procedures are in place to ensure that the plant follows the State of
Colorado Department of Public Health and Environment permit requirements as it pertains to the timely
and appropriate disposal of the residuals and that these procedures are followed carefully . Yet,
according to the Englewood 2016 Allen Plant Residuals Removal Project timeline, on April 4th, 2016
Jennfier Reynolds of CDP HE conducted an inspection and reported a violation for storing residuals
longer than stated in the Engineering and Operations Report. This is an obvious contradiction to Mr.
Keck's statement.
In addition, Dr . Gibb's letter did not mention the specific documentation provided to him for his review
and provides no information on which years the environmental sampling of both chemical and radiation
measurements were from. The only real data provided was on the community air sampling from a
testing station located at the Denver/1-25 site. I have no idea where this site is located but I am pretty
sure it is not in close proximity to either the Allen Plant or my home and seemed totally unrelated to our
concerns from the stockpiling of sludge at the plant. In a June 30th email to the city council, Mr. Keck
attached a similar report he said was from Dr. Gibb in which the attachment was titled "Lay Person
Report on the Allen Plant" and actually read like a press release by the city . In Mr. Keck's email , he
references the "attached" letter from Dr . Gibb yet there is no actual letter or date and it was not in
letter format or on Dr. Gibb's letterhead. This "non-letter'' also does not reference any specific data or
show the years of the sampling . I personally found this latest attempt to pacify the residents that live in
the immediate area of the plant to be condescending and of no factual importance . I expect full
disclosure and complete accuracy when receiving documentation from the city and felt this letter
contained neither. Thank you.
·~ Eny OF lewo od g CITY MANAGER'S OIFICE
~
Dear Neighbors:
First and foremost , let me tell you that the City of Englewood is very concerned with the
health and safety of our employees and you , our residents.
Recently, Englewood's Charles Allen Water Filtration Plant has come under scrutiny for
its operations, and more specifically, the management and disposal of the alum
residuals resulting from the treatment process -also referred to as sludge.
In response, this letter is designed to serve two purposes. First, to enunciate that
procedures are in place to ensure that the plant follows the State of Colorado
Department of Public Health and Environment permit requirements as it pertains to the
timely and appropriate disposal of the residuals. We follow those procedures carefully.
Second, the City wanted to share the results of a recently completed, third-party
medical study of the residuals, wherein it has been concluded that the residuals are
indeed safe. Please see the attached letter authored by renowned epidemiologist
Herman Gibb .
As previously stated, be assured that we are committed to public health and safety as
well as providing high-quality services, such as the water produced by our dedicated
employees at the Charles Allen Water Filtration Plant.
Sincerely ,
Eric A. Keck
City Manager
1000 Englewood Parkway Englewood , Colorado 80110 Phone 303-762-2300
Gibb Epidemiology
Consult ing LLC
To Whom It May Concern:
July l ..+. 2016
The foiiowing is my assessment of the community concerns regarding the Allen Filter
plant.
Water treatment plants across the country. including the Allen plant operated by the City
of Engle\\iOOd. produce a wide variety of \vaste products in addition to pro\ iding safe drinking
water. The Environmental Protection Agency (EPA) describes these \\"a ste products as sludge.
A recent news article on CBS4 indicated that workers at the Allen plant are concerned that
sludge at 1he facilit y may be increasing their risk of cancer. It w as al so reported that persons in
the community hav e similar concerns. Environme~tal sampling conducted a;)\the City o f
Englewood and the Colorado Intergovernmental Risk Sharing Agency (CIR~) at the Allen
plant. including sampling of the sludge. does not indicate any evidence of an increased risk of
cancer to workers or the conununity. This sampling includes both chemical and radiation
measurements. The radiation measurements at the Allen plant are actually below the aYerage
indoor radiation measurement for the U nited States as a whole and well below the predicte d
indoor radiation measurement for Arapahoe C o unty. Chemical testing found that leYels of
chromium and other chemicals of concern were belov.· occupational safety standards .
There is also no e\'idence of a potential problem based on community air sampling. A ir
quality. including particulate matter (PM) concentration. is regularly tested by the Colorad o
Department of Public Health and E1wironment (CDPHE). The closest monitoring site to the
Allen Filter Plant is the Denver/J-25 site. The EPA describes PM. a lso known as particle
p o llution. a s a mixture of s o lid particles a nd liquid droplets found in the air. It is typically
separated i nto two categories hased on particle size: PM I 0 and PM2 .5. PM I 0 and P\.12.5 ha ve
b een meas u re d o n an h o uil y basis at the Denwr /I-25 site since N o v ember 2013 . A verages of the
highest dail y PM I 0 and 2.5 readings from the I ~1 and l51
h days of e\'ery month from November
2013 to the present are w ell below the National A mbient A i r Qu a l ity Standards.
Jn conclusion . there is no evidence of a carcinogenic risk to either w o rkers or the
com m un i ty fr o m the ope ration o f the A llen fa cility . The City. however. should c o ntinue to
conduct air and sludge sampling at the Allen facility and monitor these results on a regular basi s.
Sincerely.
.'"'\
I f \ I .·
I !_J<./(/V)"U<.-_~·
Herman J. Gibb. Ph.D .
G i bb Epidem i o lo g y Cons ul ting LLC
303 3 \/\/;/sen Boule:vard , Suite 700 , Arl i ngton , VA 2220 i
Te l 703 .647 41 30 Fcx 703 213 . 8696
, ~ Errglewood
June 23, 2016
Utilities Department
Water Filtration Process and Safety
The Utilities Department is committed to providing the citizens of Englewood, Colorado an adequate supply of high quality
w ater, and operation al w astewater and storm water co!!ection systems at the lowest poss ible cost. Water Quality Tests are
conducted regularly to ensure compliance with all state and federal regulatory guidelines .
The Utilities Department handles every aspect of water supply and treatment, including administration, supply, power and
pumping, purification, transmission and distribution, wastewater collection, and storm water quality.
Tom Brennan is the director of the Utilities Department, which includes the Charles Allen Water Treatment Plant, the water
distribution system, the sanitary sewer collection system and the storm water collection system.
Charles Allen Water Filtration Plant
The Charles Allen Water Filtration Plant provides clean , safe , high-quality drinking water for more than 32 ,000 people living
and working in the C ity of Englewood.
Englewood meets or exceeds all drinking water quality regulations of the U.S . Environmental Protection Agency's Safe
Drinking Water Act and similar requirements administered by the Colorado Department of Public Health and Environment
(CDPHE). A drinking water monitoring plan has been in effect since 2002 .
The plant utilizes a conventional treatment process train consisting of coagulation, flocculation, sedimentation, filtration and
chemical and ultraviolet light disinfection processes.
Drinking Water Safety Standards
Englewood's Allen Water Treatment Plant has rigorous testing protocols in place
to ensure that Englewood's drinking water meets all safety standards . The plant
has never experienced a violation of the safety standards set by state and federal
regulations for lead.
Water samples from Englewood's raw water sources, the treatment plant , and the
distribution system are collected and tested daily. This daily testing is critical not only
for ensuring the safety of the water, but also to check the pH balance .
Byproducts from chemicals used for treating water can react, making the water either
acidic or basic. When the pH balance is too acidic, the water can react with the pipes
and plumbing hardware, causing corrosion that can release lead into the water. Water
with a basic pH balance will coat the pipes and plumbing hardware, effectively sealing
the lead in .
Englewood's plant operators are continually checking and adjusting the pH balance in
Englewood's water system to ensure the water never becomes acidic enough to cause
the kind of leaching and corrosion that happened in Flint, Michigan .
Charles Allen Water Filtration Plant
All operators at the Allen Plant are professionally licensed and undertake ongoing training and certification as new
technologies and safety guidelines are enacted .
The State of Colorado requires the City of Englewood to test for lead in the system . If more than 10 percent of the samples
exceed the lead standard, the State and the U.S . Environmental Protection Agency regulations deem a system to be in
violation. The City of Englewood's water system has never violated this safety standard.
Alum Residuals Disposal
During the process of treating water for consumption , alum residuals are generated. The residuals are stored in a process
wash water lagoon and are considered technologically-enhanced, naturally occurring radioactive materials. As such, the
residuals have additional disposal requirements by the Colorado Department of Public Health and Environment. The
processing and disposal of the residuals are approved and monitored by the CDPHE .
1000 Englewood Parkway• Englewood, Colorado 80ll0 • 303-762-2310 • www.englewoodgov.org
On a yearly basis, the residuals are pumped from the reservoir and stored to dry in two storage facilities. The storage facilities
are open to the air to promote drying . The very wet residuals are placed in the first facility to air dry for one year. Then they
are moved to the second facility for further drying and mixing with a frontend loader. Once the residuals are damp to the
touch the piles are covered with tarps until disposal. The use of tarps was started in 2000 to prevent wind erosion of the damp
residuals . This operation plan follows the CDPHE approved "Updated Long-Term Treatment Residuals Disposal Plan and Risk
Assessment" Appendix F Section 1 Paragraph 1.2 dated February 26, 2004 .
Disposal of the residuals has been in Englewood's budget since 2004 . In 2007, the plant did not process enough residuals
for disposal. In 2012, CDPHE limited approved disposal sites to one landfill . This change required further investigation so the
City did not dispose of any residuals in 2012 or 2013 . The City performed studies and evaluations to determine what would be
required by CDPHE to approve additional landfills for disposal. This effort remains ongoing.
In 2014 , the City disposed all of the stored residuals at the one approved landfill with the exception of a sample section .
This sample section was left for additional testing to address a complaint about the residuals toxicity. In 2015 and 2016
$250 ,000 .00 was encumbered for disposal of the residuals.
Englewood City Council Response -June 6, 2016
Englewood City Council June 6, 2016 Page 4
(ii) Director Brennan presented a recommendation from the Utilities Department to approve , by motion, of the proposal
for the Allen Water Filtration Plant Residuals removal and disposal to Secure On-Site Services USA, LLC in the amount of
$230,550 .00 . The Englewood Water and Sewer Board , at their May 10, 2016 meeting, recommended Council approval.
COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO APPROVE AGENDA ITEM 11
(c) (ii) -THE PROPOSAL FOR THE ALLEN WATER FILTRATION PLANT RESIDUALS REMOVAL AND DISPOSAL TO
SECURE ON-SITE SERVICES USA, LLC IN THE AMOUNT OF $230,550.00.
Vote results:
Ayes: Council Members Russell , Barrentine , Olson, Jefferson , Yates, Martinez, Gillit
Nays : None
For more information visit: www.EnglewoodGov.org/allenplant
1000 Englewood Parkway• Englewood , Colorado 80110 • 303-762-2310 • www.englewoodgov.org
Report regarding the Community Surrounding the Allen Water Filter Plant
Prepared by Herman Gibb, Ph.D., M.P.H.
Water treatment plants across the country, including the Allen plant operated by the City
of Englewood, produce a wide variety of waste products in addition to providing safe drinking
water. One of these waste products is known as sludge. A recent news article on CBS4
indicated that ·.vorkers at the Allen plant are concerned t.1.at sludge at t.1.e facility :w.ay be
increasing their risk of cancer. It was also reported that persons in the community have similar
concerns (Sallinger 2016). Environmental sampling conductea@he Allen plant, including
sampling of the sludge, does not indicate any evidence of an increased risk of cancer to workers
or the community. This sampling includes both chemical and radiation measurements . The
radiation measurements at the Allen plant are actually below the average indoor radiation
measurement for the United States as a whole and well below the predicted indoor radiation
measurement for Arapahoe County. Chemical testing found that levels of chromium and other
chemicals of concern were below occupational safety standards. The City of Englewood is
committed to operating a safe drinking water treatment operation for both its workers and the
community. The City will continue to conduct air and sludge sampling at the Allen facility and
monitor these results on a regular basis.
2016 Allen Plant Residuals Removal Project Timeline
April 4, 2016
Jennifer Reynofds of Colorado Department of Pubiic Health and Environment -Hazardous Materials and
Waste Management Division conducted inspection of Allen Plant grounds and residuals.
Inspection due to anonymous call received at CDPHE.
• Violation reported for storing residuals longer than stated in Engineering and Operations Report.
Compliance requires removal of all pre 2015 residuals from site within 120 days with attorney approval.
April 4, 2016
fnvitation to Bid for 2016 Allen Water Filtration Plant Residuals Removal, Hauling and Disposal Services
project is posted.
April 6, 2016
Letter received from Brad J. Miller, Esq. of Thomas Pollart & Miller LLC documenting need to preserve
sample of prior residuals that is to be considered evidence.
Copy of letter forwarded to Jennifer Reynolds at CDPHE.
April 19, 2016
Complete report received from CDPHE for April 4 site inspection.
April 26, 2016
Bid Opening for 2016 Allen Water Filtration Plant Residuals Removal, Hauling and Disposal Services
project.
Apparent low bidder: Secure On-Site Services.
May 10, 2016
Water and Sewer Board recommends approval of contract for 2016 Allen Water Filtration Plant Residuals
Removal, Hauling and Disposal Services project to City Council.
May 24, 2016
Waste Material Profile Report received form Clean Harbors, LLC for samples of residuals to be removed
per the 2016 Allen Water Filtration Plant Residuals Removal, Hauling and Disposal Services project.
June 6, 2016
City Council approves contract for 2016 Allen Water Filtration Plant Residuals Removal, Hauling and
Disposal Services project.
June 27 , 2016
• Secure On-Site Services to begin 2016 Allen Water Filtration Plant Residuals Removal, Hauling and
Disposal Services project.
For additional information: wv,1w.EnglewoodGcv.crg/al!enplant
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COUNCIL COMMUNICATION
Date
August 1, 2016
INITIATED BY
Agenda Item
9ai
Election Commission/City Clerk's Office
Subject
Intergovernmental Agreement
with Arapahoe County for
Coordinated Election Services
STAFF SOURCE
Loucrishia A. Ellis, City Clerk/Election
Commission Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated
elections for every City of Englewood General Municipal Election since 1993.
RECOMMENDED ACTION
Approve , by ordinance, an Intergovernmental Agreement between the City of Englewood
and Arapahoe County for the November 8, 2016 Coordinated Election.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment
approved by the voters in 1992 , coordinated elections are to be conducted throughout
the State by County Clerks . The County has the capability of coordinating this election
and including the City of Englewood .
The Election Commission has agreed that it is in the best interest of the electors of
Englewood to conduct future elections jointly with the other political entities within the
County. In order to participate in the 2016 Coordinated Election , the City of Englewood
must enter into an Intergovernmental Agreement with Arapahoe County.
Staff has reviewed the proposed Intergovernmental Agreement Between Arapahoe
County Clerk and Recorder and City of Englewood Regarding the Conduct and
Administration of the November 8, 2016 General Election and concurs with the
Commission's recommendation.
FINANCIAL IMPACT
Since costs are based on several variables, e.g . the number of registered electors in the
City of Englewood at the time of the election, the number of entities participating in the
election, the financial impact is only an estimate . The County's estimate of our final cost
is $11 ,659 .69 . The cost of the Election is covered in the City Clerk's Budget for 2016.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD,
COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 8, 2016 .
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections
in order to reduce taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in conducting
coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the
best interest of the taxpayers and the electors to conduct a Coordinated Election on November 8,
2016;and
WHEREAS, the ordinance shall further authorize the presiding officer of the City or other
designated person to execute this Agreement; and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective
responsibilities for the Coordinated Election pursuant to the Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. The "Intergovernmental Agreement Between Arapahoe County Clerk and
Recorder and City of Englewood Regarding the Conduct and Administration of the November 8,
2016 General Election" is attached hereto as "Exhibit A". The Intergovernmental Agreement for
Coordinated Election is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to sign said Agreement for and on behalf of the City of
Englewood.
Introduced, read in full, and passed on first reading on the 1st day of August, 2016.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 4th day of
August, 2016 .
Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of
August, 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 1st day of August, 2016.
Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
ARAPAHOE COUNTY CLERK AND RECORDER
AND
CITY OF ENGLEWOOD
REGARDING THE CONDUCT AND ADMINISTRATION OF THE
Arapahoe County Elections IGA
NOVEMBER 8, 2016
GENERAL ELECTION
PREPARED BY:
MATT CRANE
ARAPAHOE COUNTY CLERK AND RECORDER
5334 S. PRINCE STREET
LITTLETON, COLORADO 80120
303-795-4239
Page 1
THIS AGREEMENT is made by and between the Board of County Commissioners of the
County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder
(hereinafter referred to as the "County") and City of Englewood (hereinafter ref erred to as the
"Jurisdiction") (hereinafter collectively referred to as the "Parties"); and
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate
elections in order to reduce taxpayer expenses; and
WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an
election on the same day in November and the eligible electors for each such election are the
same or the boundaries overlap, the County Clerk and Recorder is the coordinated election
official and, pursuant to section 1-5-401, C. R.S. shall conduct the elections on behalf of all
jurisdictions whose elections are part of the coordinated election utilizing the mail ballot
procedures set forth in article 7. 5 of title 1; and
WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S.
applies and it is in the best interest of the taxpayers and the electors to enter into this
Agreement to conduct a Coordinated Election on November 8, 2016; and
WHEREAS, such agreements are authorized by State law.
NOW, THEREFORE, for and in consideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
This election shall be conducted as a Coordinated Election in accordance with the Uniform
Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.). The election participants will execute
agreements with Arapahoe County for this purpose and may include municipalities, school
districts, and special districts within the Arapahoe County limits and the State of Colorado.
The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election
Official (hereinafter "CEO") and the Jurisdiction hereby identifies Loucrishia Ellis as its
Designated Election Official (hereafter "DEO).
FURTHER, the Parties agree as follows:
SECTION I.
PURPOSE AND GENERAL MATTERS
1.01 DEFINITIONS:
A. "Address Library Report" means the address report from the Secretary of State voter
registration system that defines street addresses and precincts within the
jurisdiction.
B. "Coordinated Election Official" (hereinafter "CEO") shall mean the County Clerk and
Recorder who shall act as the "coordinated election official," as defined within the
Arapahoe County Elections IGA Page 2
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•
Code and Rules and, as such, shall conduct the election for the Jurisdiction for all
matters in the Code and the Rules which require action by the CEO.
C. "Colorado Election Code" or "Code" means any part of the Uniform Election Code of
1992, (Articles 1-13 of Title 1, C.R.$.) or any other Title of C.R.S governing
participating Jurisdiction's election matters, as well as the Colorado Constitution, and
the State of Colorado Secretary of State (SOS) Rules.
D. "Coordinated Election" means an election where more than one jurisdiction with
overlapping boundaries or the same electors holds an election on the same day and
the eligible electors are all registered electors, and the County Clerk is the
Coordinated Election Official for the jurisdictions.
E. "Contact Officer" means the individual who shall act as the primary liaison or contact
between the Jurisdiction and the County Clerk. The Contact Officer shall be that
person under the authority of the County Clerk who will have primary responsibility
for the coordination of the election for the Jurisdiction and the procedures to be
completed by the County Clerk hereunder.
F. "Designated Election Official" (hereinafter "DEO") means the individual who shall be
identified by the Jurisdiction to act as the primary liaison between the Jurisdiction
and the Contact Officer and who will have primary responsibility for the conduct of
election procedures to be handled by the Jurisdiction hereunder. To the extent that
the Code requires that an Election Official of the Jurisdiction conduct a task, the DEO
shall conduct same .
G. "IGA" or "Agreement" means this Intergovernmental Agreement between the County
and the Jurisdiction for election coordination.
H. "Jurisdiction" means a political subdivision as defined in§ 1-7.5-116, C.R.S. and
referenced in the Code and, in this Agreement, is interpreted to refer to
[Coordinating Entity Name].
I. "Mail Ballot Packet" means the packet of information provided by the CEO to eligible
electors in the mail ballot election. The packet includes the ballot, instructions for
completing the ballot, a secrecy envelope, and a return envelope.§ 1-7.5-103(5),
C.R.S.
J. "Post Election Audit" means such audit as set forth substantially in the Colorado
Election Code.
K. "Precinct" means an area with established boundaries within a jurisdiction used to
establish election districts.
L. "Proposed Jurisdiction" means a jurisdiction which may be formed pursuant to this
election which is not yet identified by a tax authority code in the County Assessor
database. When the context of this Agreement so requires, a Proposed Jurisdiction
will simply be referred to as a Jurisdiction.
M. "SOS" means State of Colorado Secretary of State .
Arapahoe County Elections IGA Page 3
N. "SOS Election Calendar" means the most recent election calendar as published on the
SOS website located at www.sos.state.co.us and attached hereto as Attachment B
and incorporated herein by this reference.
1.02 JOINT RESPONSIBILITIES
A. All parties shall familiarize themselves with all statutory and regulatory requirements
impacting coordinated elections and TABOR notices if required.
B. Nothing herein shall be deemed or construed to relieve the CEO or the Jurisdiction
from their official responsibilities for the conduct of the election as generally set
forth in the Colorado Election Code.
C. All parties shall adhere to all applicable provisions of the Colorado Election Code
which are necessary or appropriate to the performance of the below duties, as well
as to the time guidelines schedule as attached hereto as these relate to the election.
D. All parties shall enforce all provisions of the Fair Campaign Practices Act as they may
apply to the conduct of the election.
1.03 JURISDICTIONAL LIMITATION
A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall
be construed to apply only to that portion of the Jurisdiction within Arapahoe County.
B. Where the Jurisdiction is entirely contained within Arapahoe County, the CEO has
authority in setting ballot order and number. When the Jurisdiction is split among
more than one county, the Jurisdiction agrees to coordinate with the CEO prior to
agreeing upon ballot order or numbering.
SECTION II.
COUNTY /JURISDICTION RESPONSIBILITIES
The County and the Jurisdiction shall each perform their respective duties and/or functions
within the context of this Agreement:
2.01 THE COUNTY SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID
ELECTION:
A. Give assistance and information to the DEO of the Jurisdiction on any matter related
to elections to ensure the smooth and efficient operation of the election. Such
information shall not include legal advice.
B. Designate a Contact Officer with the specific duty of assisting with the election of the
Jurisdiction. Such oversight shall not preclude such Contact Officer from assisting
with the elections of other jurisdictions or from performance of other tasks as
delegated by the CEO.
C. Adhere to all applicable provisions of the Colorado Election Code that are necessary or
appropriate to the performance of its duties.
Arapahoe County Elections IGA Page 4
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D. Use the Address Library Report and any documents provided regarding annexation,
inclusion and or exclusion, to identify eligible electors within the Jurisdiction.
a. Provide the Jurisdiction with an Address Library Report and link to a digital
boundary map which defines Jurisdictional boundaries in terms of residential
street ranges based on County Assessor data.
b . County will verify errors, omissions, and/or corrections identified by the
Jurisdiction against County Assessor data, and where appropriate, modify
street ranges to accurately define the eligible electors within the Jurisdiction .
E. Make available a certified list of registered voters upon request.
F. Deliver a proposed election plan to the Secretary of State no later than 90 days prior
to the Election.
G. Contract for Mail Ballot Packets with a vendor acceptable to the CEO and remit
payment directly to the vendor.
H. Lay out the text of the official ballots in a format that complies with the Code. (See
also Section 1.03 (B) herein).
I. Provide ballot printing layouts and text for proofreading and signature approval by the
Jurisdiction prior to final ballot printing.
J. Mail the ballot packets as required by the Code .
K. Appoint , instruct, oversee, and administer the payment of the judges of the election .
L. Prepare and run the required Logic and Accuracy test deck, along with a test deck
completed by the Jurisdiction.
M. If applicable, provide daily business day pick-up of the sealed ballot container(s)
containing voted ballots from all assigned locations . Provide replacement sealed
empty ballot container(s).
N. Publish and post the required legal notices pursuant to§ 1-5-205(1) and§ 1-7.5-
107(2.5)(a)(I), C.R.S. Notice shall be published for the Jurisdiction's ballot issues,
ballot questions, and/or candidates on or before the deadline as set forth within
Attachment B.
0. CEO will refer members of the public and press to the DEO regarding specific questions
about candidates or ballot questions.
P. Provide the necessary electronic voting tabulation equipment, personnel properly
trained in electronic tabulating equipment, programming of the vote tabulating
equipment , and the facility to conduct the ballot tabulation .
Q. Establish and maintain mail ballot drop-off locations and designate and operate Voter
Service and Polling Centers as required by and in conformance with the Colorado
Election Code .
Arapahoe County Elections IGA Page 5
R. Maintain a list of names and precinct numbers of eligible electors together with the
date on which the mail ballot was sent and the date on which the mail ballot was
returned or cast.
S. Conduct and oversee the process of counting the ballots and reporting the results by
Jurisdiction.
T. Conduct a recount of the ballots where the final ballot tabulation results are close
enough to require a recount by law, or if not required by statute, upon the request of
the Jurisdiction, for any reason. In either scenario, the cost of the recount will be
charged to the Jurisdiction. If more than one Jurisdiction is involved in the recount,
the cost will be pro-rated among the participating Jurisdictions equally.
U. Provide unofficial results of the election on election night by electronic transmittal
upon request.
V. In conjunction with the Jurisdiction, prepare and run the required Post Election Audit
before certifying election results.
W. Conduct a canvass of the votes and certify the results of the Jurisdiction's election
within the time required by law and forthwith provide the Jurisdiction with a copy of
all election statements and certificates which are to be created under the Code.
X. Submit to the Jurisdiction an itemized invoice for all expenses incurred under this
Agreement. Within sixty (60) days from the date of receipt of such invoice, the
Jurisdiction shall remit to the County the total payment.
Y. Keep a careful and accurate accounting of time, supplies, printing costs and salaries
attributable to the County's administration of the election for the Jurisdiction. The
Jurisdiction's proportional share of actual costs shall be based on County
expenditures relative to the election.
Z. Store all election records as required by the Code in such a manner that they may be
accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal
questions that might arise regarding the election.
2.02 THE JURISDICTION SHALL PERFORM THE FOLLOWING TASKS IN RELATION TO SAID
ELECTION AND TABOR NOTICE (IF REQUIRED):
A. DEO shall familiarize themselves with all statutory and regulatory requirements
impacting the Jurisdiction.
B. Identify a DEO to act as liaison between the Jurisdiction and the CEO.
C. Identify immediately to CEO if Jurisdiction is shared by any additional county.
Procedures will be followed as per SOS Rule 4.2 to determine controlling county for
purpose of setting up shared races, issues, and questions in coordinated elections.
(See Section 1.03 (B) herein).
Arapahoe County Elections IGA Page 6
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D. The Jurisdiction confirms that it has sufficient funds available and appropriated in its
approved budget to pay its prorated election expenses for this Coordinated Election.
See Attachment A.
E. The IGA must be returned to the CEO with all signatures executed on or before the
deadline as set forth within Attachment B in order to enter into an intergovernmental
agreement, per the Code.
F. Use the Address Library Report and map provided by the County to identify eligible
electors within the Jurisdiction. In order for the CEO to provide correct ballots to
electors, the information contained in the Address Library Report must be accurate.
If the street list information and/or certification are not provided by the date
specified in Attachment B, the Jurisdiction may not participate in this Coordinated
Election.
G. Identify any errors, omissions, and/or corrections to the street ranges used to define
Jurisdictional boundaries in writing eighty (80) days prior to Election Day.
H. Provide CEO certification of the accuracy of the Address Library Report including any
changes, additions, or deletions to be made to the street ranges and return with
signed IGA on or before the deadline as set forth within Attachment B.
I. To the extent applicable, a Proposed Jurisdiction, not already identified by a tax
authority code in the County Assessor's records, will provide the CEO's office with a
certified legal description, map, and a street list, identifying the street ranges for all
streets within the Proposed Jurisdiction on or before eighty (80) days prior to Election
Day. In the event residential addresses are not available, the Proposed Jurisdiction
agrees to provide a list of the land parcel numbers that are within the boundaries of
the Proposed Jurisdiction.
J. Provide the CEO certification of any annexations, inclusions, and/or exclusions to the
Jurisdiction, including all supporting documents, on or before eighty (80) days prior to
Election Day.
K. For petitions filed with the DEO per§ 1-4-907, C.R.S., review and verify all petition
information and verify the information against the registration records, and, where
applicable, the county assessor's records as per§ 1-4-908, C.R.S. After review, the
DEO shall notify the candidate of the number of valid signatures and whether the
petition appears to be sufficient or insufficient. Upon determining that the petition
is sufficient and after the time for protest has passed, the DEO shall certify the
candidate to the ballot and, if the election is a Coordinated Election, so notify the
CEO.
L. Jurisdiction is strongly encouraged to write initiatives in plain, non-technical language,
worded with simplicity and clarity in compliance with all statutory requirements as
per§ 1-40-105(1 ), C.R.S.
M. Respond to inquiries as follows: The CEO shall respond to all correspondence and calls
within its expertise relating to election procedures. The DEO shall ref er
correspondence and calls relating to election procedures, and which are outside of
the DEO's expertise, to the Contact Officer for response. The CEO and Contact
Arapahoe County Elections IGA Page 7
Officer shall ref er correspondence and calls concerning the substance of the ballot
issues or the operations of the Jurisdiction to the DEO or a person designated by the
Jurisdiction to respond to correspondence and calls, which person the DEO shall
identify and designate at least forty-five (45) days prior to the election. The DEO
and/or the person so designated by the DEO shall respond to correspondence and
calls within a reasonable time after being notified of the same by the CEO.
N. Determine the ballot title and text. Certify, if applicable, the candidate, the list of
ballot issues and/or ballot questions electronically (with receipt confirmed by the
County Election Department) in a plain text format on or before the deadline as set
forth within Attachment B. The ballot content must be certified in the order in which
it will appear on the ballot. The certified list of candidates (order determined by lot
drawing, or if applicable, city/town charter), ballot issues, and/or ballot questions
shall be final and the CEO will not be responsible for making any changes after the
certification, except those prescribed by statute. The CEO will not accept text that
includes, but is not limited to, bold, italic, underline, bullets, tables, strikethrough or
indentations. All caps are reserved for TABOR issues only per the Code.
a. The Jurisdiction shall defend and resolve at its sole expense all challenges
relative to the candidates, ballot issues and/or ballot questions as certified to
the County for inclusion on the ballot.
0. Jurisdiction is to provide the phonetic pronunciation of each candidate's name to
assist with the preparation of the audio ballot at the time ballot content is certified
to the County. This information shall be left in a voice message recording at (303)
734-5365 and shall include the candidate name, jurisdiction and title of office.
Candidate information must be provided by the date specified in Attachment B.
P. Jurisdiction must indicate whether question(s) are a referred measure or an initiative
from a citizen petition. The Jurisdiction understands and agrees that any ballot
content submitted to the CEO after the ballot content has been certified, may result
in its candidates, issues , or questions not being on the ballot for the election.
Q. Within one business day of receipt, proofread the layout and the text of the
Jurisdiction's portion of the official ballots and TABOR notice (if applicable) and
provide written notice (electronic format) of acceptance before the printing of the
ballots and TABOR notice (if applicable).
R. Prepare, hand-count, and deliver to the CEO, the required test deck of ballots for
testing the electronic vote counting equipment by the date specified.
S. For elections where owning property in the Jurisdiction is a requirement for voting in
the election, utilize the online inquiry terminal to access the State of Colorado and
Arapahoe County voter registration records to confirm voter registration and verify
"property ownership" information.
T. Provide the CEO with an initial and supplemental certified list of "property owners" (if
applicable) eligible to vote in the election, as determined by the Jurisdiction, who:
Arapahoe County Elections IGA Page 8
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a. Own property within the Jurisdiction, appear on the State of Colorado list of
registered voters, reside at an address as shown, that is not within the
boundaries of Arapahoe County ("Out of County" property owners); or ,
b. Own property within the Jurisdiction , appear on the Arapahoe County list of
registered voters, reside at an address that may not match the property
address as shown on the County Assessor's list, but is within the boundaries of
Arapahoe County ("In County" property owners).
c. The lists shall be submitted as an electronic copy. The electronic copy shall be
submitted to the CEO using Microsoft Excel format. The spreadsheet shall
contain no more than one (1) eligible elector's name per line . Each line shall
consist of the following separated fields: eligible elector's voter identification
number (if applicable), last name, first name, middle name, mailing address,
city, state, zip, parcel number, phone number, if available, and Arapahoe
County precinct number, if applicable.
U. Publish and post any required legal notices for the Jurisdiction's candidates , ballot
issues and/or ballot questions, other than the notice required by§ 1-5-205, C.R.S . A
copy of such published legal notice shall be submitted to the County for its records.
V. Notify the CEO within twenty-four hours of the completion of the final ballot
tabulation whether a recount is required or desired. The Jurisdiction shall reimburse
the County for the full cost of the recount. If other Jurisdictions are included in the
recount the cost of the recount will be pro-rated among the participating
Jurisdictions as per§ 1-10 .5-101, C.R .S .
W. Within sixty (60) days from the date of receipt of an invoice relating to the
Jurisdiction's prorated share of costs for the printing and mailing of ballots, TABOR
Notice (if required), and all other election expenses, the Jurisdiction shall remit to
the County the total payment.
X. Pay any additional or unique election costs resulting from Jurisdiction delays and/or
special preparations or cancellations relating to the Jurisdiction's participation in the
Coordinated Election.
2.03 TABOR
A. If the election includes a ballot question and/or issue governed by Colorado
Constitution, Article X, Section 20 , ("TABOR"), the County shall perform the following
tasks in relation to the TABOR Notice:
a. Certify the complete number of registered electors and/or household addresses
with one or more active registered voters, within the Arapahoe County portion of
the Jurisdiction in accordance with the dates in Attachment B.
b. Determine the "least cost" method for mailing the TABOR Notice package.
Nothing herein shall preclude the County from sending the TABOR Notice or
Notice package to persons other than electors of the Jurisdiction if such
Arapahoe County Electi ons !GA Page 9
transmittal arises from the County's efforts to mail the TABOR Notice package at
the "least cost."
c. Include the text, and provide a proof as written and in the order submitted, in
accordance with the TABOR requ i rements for the TABOR Notice. Coordinate and
mail the TABOR Notice package in the time frame as required by law.
d. Keep a careful and accurate accounting of time, supplies, printing costs and
salaries attributable to the County's TABOR Notice services for the Jurisdiction.
The Jurisdiction's proportional share of actual costs shall be based on the
County's total expenditures relative to the TABOR Notice.
B. If the election includes a ballot question and/or issue governed by Colorado
Constitution, Article X, Section 20, ("TABOR"), the Jurisdiction shall perform the
following tasks in relation to the TABOR Notice:
a. Publish all required legal notices for the Jurisdiction's ballot questions/ballot
issues, other than the notice that is required by§ 1-5-205 , C.R.S. that is published
no later than 10 days before the election, which covers all pertinent information
required by statute . A copy of such published legal notice shall be submitted to
the County for its records.
b. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13
of Title 1, C.R.S .), and the time guidelines schedule, as these relate to the
election in the Jurisdiction, unless superseded by other legal authority.
c. Receive petition representative's written summary of comments relating to
ballot issues/ballot questions.
d. The Jurisdiction shall certify a final and exact text and summary of comments
concerning its ballot issues and/ or ballot questions, along with the required
fiscal information to the County, on portable data storage device or email (with
receipt confirmed by the Election Department) in Microsoft Word and with a
paper copy, within one business day of receipt, for inclusion in the TABOR
Notice mailing as required by Section 20 of Article X of the Colorado
Constitution. The process of receiving written comments relating to ballot
issues/ballot questions and summarizing such comments, as required by Section
20 of Article X of the Colorado Constitution, is the sole responsibility of the
Jurisdiction. The certified text, summary of comments and fiscal information
shall be final and the County will not be responsible for making any changes
after the certification.
e. The Jurisdiction shall defend and resolve, at its sole expense, all challenges
relative to the TABOR Notices certified to the County for inclusion in the
TABOR Notice package for its election.
Arapahoe County Elections IGA Page 10
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3.01
4.01
SECTION 111.
CANCELLATION OF ELECTIONS
CANCELLATION OF ELECTION BY THE JURISDICTION.
A. In the event that the Jurisdiction resolves not to hold the election, then notice of such
resolution shall be provided to the CEO immediately. The Jurisdiction shall be liable
for the full actual costs of the activities of the CEO relating to the election incurred
both before and after the CEO's receipt of such notice. The Jurisdiction shall provide
and post notice by publication as defined in the Code. In the event that the
Jurisdiction resolves not to hold the election after the last day for the DEO to certify
the ballot order and content to the CEO (see Attachment B), the text provided by the
Jurisdiction cannot be removed from the ballot and/or the Ballot Issue notice (TABOR
Notice).
SECTION IV.
MISCELLANEOUS
NOTICES.
A. Any and all notices required to be given by this Agreement are deemed to have been
received and to be effective: (1) three days after they have been mailed by certified
mail, return receipt requested; (2) immediately upon hand delivery; or (3)
immediately upon receipt of confirmation that an email or fax was received; to the
address of a Party as set forth below or to such Party or addresses as may hereafter
be designated in writing:
To County:
To Jurisdiction:
4.02 TERM OF AGREEMENT.
Matt Crane
Arapahoe County Clerk and Recorder
Elections Department
5334 S. Prince St.
Littleton, Colorado 80120
Fax: (303) 794-4625
mcrane@arapahoegov.com
Loucrishia Ellis
City Clerk
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
Email: lellis@englewoodgov.org
A. The term of this Agreement shall continue until all statutory requirements concerning
the conduct of the election and the creation, printing, and distribution of the TABOR
Notice, if needed, are fulfilled .
Arapahoe County Elections IGA Page 11
4.03 AMENDMENT.
A. This Agreement may be amended only in writing, and following the same formality as
the execution of the initial Agreement.
4.04 INTEGRATION.
A. The Parties acknowledge that this Agreement constitutes the sole and entire
Agreement between them relating to the subject matter hereof and that no Party is
relying upon any oral representation made by another Party or employee, agent or
officer of that Party.
4.05 CONFLICT OF AGREEMENT WITH LAW, IMPAIRMENT.
A. In the event that any provision in this Agreement conflicts with the Code or other
statute, this Agreement shall be modified to conform to such law. No resolution of
either party to this Agreement shall impair the rights of the CEO or the Jurisdiction
hereunder without the consent of the other party to this Agreement .
4.06 TIME OF ESSENCE.
A. Time is of the essence for this Agreement. The time requirements of the Code shall
apply to completion of the tasks required by this Agreement. Failure to comply with
the terms of this Agreement and/or the deadlines in Attachment B or the Code may
result in consequences up to and including termination of this Agreement.
4.07 GOOD FAITH.
A. The parties shall implement this Agreement in good faith, including acting in good
faith in all matters that require joint or general action.
4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT.
A. The Parties hereto understand and agree that the County, its commissioners, officials,
officers, directors, agents, and employees, are relying on, and do not waive or intend
to waive by any provisions of this Agreement, the monetary limitations or any other
rights, immunities, protections or defenses provided by the Colorado Governmental
Immunity Act (the "CGIA"), §§ 24-10-101 to 120, C.R.S., or otherwise available to the
County or the Jurisdiction. To the extent the CGIA imposes varying obligations or
contains different waivers for cities and counties, both the Jurisdiction and the
County agree that they will remain liable for their independent obligations under the
CGIA, and neither party shall be the agent of the other or liable for the obligations of
the other.
4.09 NO THIRD PARTY BENEFICIARIES.
A. The enforcement of the terms and conditions of this Agreement and all rights of action
relating to such enforcement shall be strictly reserved to the County and the
Jurisdiction, and nothing contained in this Agreement shall give or allow any such
claim or right of action by any other or third person under such Agreement.
Arapahoe County Elections IGA Page 12
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A. Unless otherwise agreed in writing, this Agreement and the interpretation thereof
shall be governed by the laws of the State of Colorado. Venue for any and all legal
actions arising under this IGA shall lie in the District Court in and for the County of
Arapahoe, State of Colorado.
4. 11 SEVERABILITY
A. Should any provision of this Agreement be determined by a court of competent
jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the
parties hereto that the remaining provisions of this Agreement shall be of full force
and effect.
4.12 ATTACHMENTS.
A. The following attachments are incorporated herein by this reference.
Attachment A -2016 Cost Estimates
Attachment B -Key Dates for Coordinating Jurisdictions (subject to updates)
END OF PAGE
Arapahoe County Elections IGA Page 13
ARAPAHOE COUNTY
Nancy Doty, Chair, Board of County Commissioners
Matt Crane, Coordinated Election Official
Clerk and Recorder
City of Englewood
By: Joe Jefferson
Title: Mayor
Loucrishia Ellis , Designated Election Official
Arapahoe County Elect i ons IGA
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~ ATIACHMENT A • CITY OF ENGLEWOOD
2016 ELECTION COST ESTIMATE
ARAPAHOE COUNTY I ESTIMATE I CLERK AND RECORDER
Costs Based On :
Active Registered Voters 17,523
Voter Turnout 14,018
UOCAVA Voters 81
Households for TABOR Notice 4,020
Coordinating Entities 13
Ballot Materials & Processing Qtl. Unit Cost Total
Outer Envelopes 17 ,523 $ 0.046 $ 806 .06
Return Envelope 17 ,523 $ 0.038 $ 665 .87
Ballot Packets 17,523 $ 0.640 $ 11 ,214 .72
Instruction Sheets 17,523 $ 0.054 $ 946 .24
Secrecy Sleeve 17,523 $ 0.033 $ 578.26
UOCAVA Online Ballot Marking Tool 81 $ 0.306 $ 24.79 • Sub Total $ 14,211.15
Mail Ballot Postage
Freight Charges 17,523 $ 0.0380 $ 665.87
Postage Out-Bound 17,523 $ 0.120 $ 2, 102 .76
Sub Total $ 2,768.63
VSPC Costs Qtl. Total Divided Cost
WIFI Connection 1 $ 1,620.00 $ 124 .62
Laptop Computers 1 $ 17,225 .00 $ 1 ,325 .00
iPad Rental $ 3,300 .00 $ 253 .85
Machine Seals $ $
Dymo Labels $ $
VSPC Supplies $ 8,000.00 $ 615 .38
VSPC Ballots $ $
Blank Stock for BOD $ 6,000.00 $ 461 .54
Toner for BOD $ $
Provisional Ballot Envelope 0 $ $
Machine Delivery 1 $ 4,000.00 $ 307 .69
Sub Total $ 3,088.08
•
Personnel Costs Qty. Unit Cost Total
Ballot Processing and VSPC Election Judges 14 ,018 $ 0.81 $ 11 ,354.90 • Temp Staff Background Check 14 ,018 $ 0.03 $ 420 .55
Sub Total $ 11,775.46
Additional Costs Qty . Total Divided Cost
Ballot Bridg ing 1 $ $
Ballot on Demand Setup 1 $ $
Pre-Marked Test Deck $ 3,000 .00 $ 230 .77
Car Rental $ 9,267.00 $ 712 .85
Ballot Team Mileage 1 $ 500 .00 $ 38.46
Sub Total $ 982.08
Notices Qty. Unit Cost Total
TABOR Printing 4,020 $ 0.43 $ 1,728.60
TABOR Postage 4,020 $ 0.10 $ 402.00
Notice of Election 1 $ 300 .00 $ 23 .08
Sub Total $ 2,153 .68
Total Election Expense $ 34,979.07
Less Cost Shared by Other Coordinating Entities $ (23,319.38)
Total Due to Arapahoe County $ 11,659.69 •
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Attachment B
2016 Key Dates for Coordinating Jurisdictions
Resource provided by Arapahoe County Elections . Use this as a reference guide only .
Always refer to the Colorado Constitution , Revised Statutes and Secretary of State rules for applicable provisions.
See the official 2016 Election Calendar: http://www.sos .state .co .us/pubs/elections/calendars/2016ElectionCalendar .pdf
29-Jul
29-Jul
9-Sep
9-Sep
24-Sep
27-Sep
27-Sep
17-0ct
17-0ct
17-0ct
19-0ct
24-0ct
24-0ct
31-0ct
Last day to notify County Clerk of intent to participate in
the General Election (100 days prior)
County Clerk to provide copy of legal boundaries to
jurisdiction
ci~ad_lineto cancel participation in ·a coordinated
el'e~t!on(6~ days prior) . '
Castc:fay for coordinating jurisdiction·s to certify ball9t
contehf tO county clerk (60 days prior) '
Candidates must record their name exactly as it appears
on the statement of intent, and must provide the
recording to the county clerk no later than the deadline
to file the statement of intent.
Deadline to transmit ballots to overseas and military
voters (45 days prior)
Oeadline.for jurisdiction to file TABOR issue notices with
county clerk (42 days prior)
Deadline to mail TABOR notices (30 days prior)
Deadline to register to vote by Voter Registration Drive
First day mail ballots may be sent to voters , excluding
UOCAVA (22 days prior)
County ballot drop-off locations and pick-ups begin
Last day for designated or coordinated election official
to publish notice of Coordinated Election (20 days prior)
Counting of ballots may begin (15 days prior)
County Voter Service & Polling Centers (VSPCs) open
Last day to register to vote through the mail, agency,
motor vehicle , or online and receive a ballot by mail
1-7-116(5);
1-1-106(5);
IGA Agreement
IGA Agreement
Rule 4.6.2
1-8.3-110(1)
Rule 16
1-7-904
Rule 11.3 .2(a)
Article X, Sec. 20(3)
(b );
1-1-106 5
1-2-201 (3)(b )(I)
I 1-7 .5-107(3)(a)
I
1-7 .5-107(2.5)(a)(I)
1-7.5-107.5
1-5-102.9(2)
1-2-201 (3)(b )(I II)
Jurisdiction
J County Clerk
Jurisdiction
Candidate
County Clerk
Jurisdiction
County Clerk
Voters
1 County Clerk
County Clerk
County Clerk ,
Jurisdiction
County Clerk
County Clerk
Voters
I
8-Nov General Election Day 1-1-104(17);
(Voter Service and Polling Centers and Ballot Drop-Off 1-4-201;
locations open 7 a.m. -7 p.m .) Rule 7.9.1(b)
16-Nov Last day for military and overseas ballots to be received 1-8.3-111;
by Clerk in order to be counted (8 days after election) 1-8 .3-113 ;
Rule 16.1 .5
16-Nov l Last day for electors to cure signature discrepancy or 1-7.5-107(3 .5)(d);
I missing signature, or to provide missing ID for mail and 1-7.5-107.3(2)(a);
I
I provisional ballots to be counted . (8 days after election) 1-8.5-105(3)(a);
Rule 7
25-Nov Deadline to complete the canvass for the Coordinated 1-10-102(1)
Election. (17 days after election) Rule 1 O
~;frJi~i'~: .. ~. ~--~ .-~~~ ====:~=g=~e=-~=,~=H_=~=r12=-9=_j=_~= .... ==
County Clerk,
Voters
I Voters
County Clerk ,
Voters
I County Clerk
9-Dec I Last day for interested party to request a recount at its 1-10.5-106(2) Any
_ -···--·--·----~wn_~xpense_:_ ______ .. ___________________ ..... -·------___________ --------.. ---_______ .. _____ __,
15-Dec Last day to complete a requested recount. 1-10.5-106(2) County Clerk '
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 1, 2016 9bi P.O.S.T. Grant Agreement -Fiscal
Agent
Initiated By: Staff Source:
Police Department Commander Sam Watson
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
second 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.
LIST OF ATTACHMENTS
Bill for an Ordinance
P.O .S.T. Grant Agreement
P.O.S.T. Grant Guidelines
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ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO . 25
INTRODUCED BY COUNCIL
MEMBER GILLIT
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 .
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.
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Read by title and passed on final reading on the 1st day of August, 2016.
Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on
the 4th day of August, 2016.
Published by title on the City's official website beginning on the 3rd day of
August, 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
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STATE OF COLORADO
DEPARTMENT OF LAW
Grant Agreement
with
CITY OF ENGLEWOOD
TABLE OF CONTENTS
Routin # CMS #
1. PARTIES .................................................................................................................................................. !
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ..................................................................... 1
3. RECITALS ................................................................................................................................................ I
4. DEFINITIONS ......................................................................................................................................... 2
5. TERM ........................................................................................................................................................ 3
6. STATEMENT OF WORK ........................................................................................................................ 3
7. PAYMENTS 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
1 <::> T"t-T~1.:W ... ~NCE.... ... . . . ... ... . .. ... .,............ . .. .. ...... ... . . . 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.
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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
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"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.
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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
maximum amount payable hereunder by the State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or
Subgrantees' employee(s) for all purposes hereunder and shall not be employees of the State
for any purpose as a result of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and
using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $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
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continuing availability of State appropriations as provided in the Colorado Special •
Provisions, set forth below. If federal funds are used with this Grant in whole or in part,
the State's 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 in 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.
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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
-.f=<::rt..1:er period as m!'.y be ne,.cessary to resolve any pend.h.g :natt(;\rs, or {fr) if an au.dit 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.
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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.
Confidential information shall not be retained in any files or otherwise by Grantee or its
agents, except as permitted.in this Grant or approved in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may
be cause for legal action by third parties against Grantee, the State or their respective •
agents. Grantee shall 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
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Grantee warrants that it possesses the legal authority to enter into this Grant and that it
has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise
that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or
any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall
provide the State with proof of Grantee's authority to enter into this Grant within 15 days of
receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times
during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals,
insurance, permits, and other authorization required by law to perform its obligations
hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications,
approvals, insurance, permits, and other authorizations required to properly perform this
Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant
shall hold all required licenses or certifications, if any, to perform their responsibilities.
Grantee, if a foreign corporation or other foreign entity transacting business in the State of
Colorado, further warrants that it currently has obtained and shall maintain any applicable
certificate of authority to transact business in the State of Colorado and has designated a
registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-
renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be
', . -,~eeta~d·to bt ·a mater:ial 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
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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
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vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also •
constitute a breach.
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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
Gnnt 'Hl to which there has been delay or a failure to propP.:rly :rierfor.m. E.xercise by the State
of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further
obligations or render further performance hereunder past the effective date of such
notice, and shall terminate outstanding orders and 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
an amount which bears the same ratio to the total reimbursement under this Grant as
the Services satisfactorily performed bear to the total Services covered by this Grant,
less payments previously made. Additionally, if this Grant is less than 60% completed,
the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not
otherwise reimbursed under this Grant) incurred by Grantee which are directly
attributable to the uncompleted portion of Grantee's obligations hereunder; provided •
that the sum of any and all reimbursement shall not exceed the maximum amount
payable to Grantee hereunder.
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:
Becky Calomino
Department of Law-POST
1300 Broadway, 9th_F_l_o_or _____ --1
Denver, CO 80203
Emailbeckv.calomino@coag.gov
B. Grantee:
Chief John Collins
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-
-lO~G), exercising the debarme;•t pro.test and appeal .rights pr0-,:l dcd in CRS §§24-Vi'i-106, 107, 2~1 0 1
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 subgranted without the prior, written consent of the State. Any attempt at
assignment, transfer, or subgranting without such consent shall be void. All assignments,
sub grants, or Sub grantees 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
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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 State law, or their implementing regulations. Any such required modification
automatically shall be incorporated into and be part cif 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.
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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
employees. Unemployment insurance benefits will be available to Grantee and its employees
and agents only if such coverage is made available by Grantee or a third party. G:rantee 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
or judicial action.
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 §8-17.5-102(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 111/09
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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
Title: Chiefof Police
Colorado Attorney General's Office
Department of Law
By: _______________ _
*Signature Melanie J. Snyder, Chief of Staff
Date: _________ _ Date: _________ _
.A!..:L GRANTS REQUIE,E A~PROVAL 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
By: _________________ _
Melissa Moynham, Controller
Colorado Department of Law
Date: ________ _
Page 18
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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 termination 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 POST's 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
replacement is approved.
· 2.2 Responsible 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 3Qth to be eligible for payment.
4.3 Electronic Fund Transfer. Payments shall be remitted by electronic fund transfer.
Exhibit A-I
S. 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 of this 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:
Department of Law
Criminal Justice Section, POST
Attention: Becky Calomino, Grant Manager
1300 Broadway, 9th Floor
Duriver:· 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 Tv1>e Due Date
July 1st-September 30th Progress and Financial October 31st
October 1st-December 31st Progress and Financial January 31st
January 1st-March 31st Progress and Financial April 30th
April 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
ExhibitA-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 oflaw 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
responsible to ensure officers from these agencies are not the recipients of POST-funded
''" · · ·tr21:lniY1g. POS1i 1·18 not,liable to reimburse the Contractorfor personnel a~ttnciiug ~.!.asses
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
Rer;don 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 Sheriff's Office San Luis Valley Olathe Police Department West Central
Del Norte Police Department San Luis Valley Pitkin County Sheriff's Office I-70 West
Denver Police Department Greater Metro Rio Grande County Sheriff's Office San Luis Valley
Fort Lupton Police Department North Central Saguache County Sheriffs Office San Luis Valley
Gilpin County Sheriff's Office Greater Metro San Miguel County Sheriff's 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 Sheriff's 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
the undertaking or carrying out of the project, including but not limited to any
· >•··· ;::-· employee of the contracting agency or any person serving as foe m:onitor c.f 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
Exhibit A-4
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•
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EXHIBITB
SUMMARY
l 1 -:;;:~;-~_!;~~ _!;~::;::-
·~-~.~----·~··-·~-·-·l·~···-··-··-~=·----·-·i---~~-~··-·--
Scholarships j $70,000.00 I $70,000 .00 I
S11btot::it . $466 ,7?6 .0Cl . . $466.7?.5 .00
Grant
Management
Program
Delivery
Grant Total
$23,336.25 $23,336.25
$23,336.25 $23,336.25
$513,397 .50 $513,397.50
Comments:
Exhibit B-1
Greater Metro Training Region
Application FY 2016/2017
$513,397.50
TRAINING
r·-----------------·----------·-·· --·· ----·------------------------------------·--~----------· ·-------··------------·--------·----. ----·--···-------··----·-------------
! Training 1 Interview and lnterogations
l Class Date: From 10/17/2016 to 10/18/2016
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Description: Two-day patrol-based interview and
interrogation class to help front line officers be more
proficient at interviewing and interrogating suspects
and arrestee's. Jim Bryne, Rocky Mountain Training
Group, $175.00 per person, will teach up to 50
students.
I I Training Category: Interview and Interrogation
I Name of Facility: Broomfield PD
I
ll. Class Location: Broomfield, CO
Hosting Agency: Brighton Police Department
1 Anticipated Number of Students: 50
j Estimated length of class: 16.0 hour(s)
I
Expense Categories
Requested
$4,000.00
$4,000.00
Approved
$4 ,000.00
$4,000.00
Instructor Costs
Total
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l. --··----------------------------------------··----·--··---···-··---------·-·-----------J -------------·------------·--·----·--------------·----·-·-------···---------··--·1
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
$9,500.00 $9,500.00
Exhibit B-2
Instructor Costs
Total
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.1-~~~l~ln; 3 Bowm~~--------------------------------------------------------------------------------------------,
r Class Date: From 1/30/2017 to 211/2017 Expense Categories
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Description: "Simulation-based training for
Command Post Operations" Very intense live training
to instruct first responders in the art of setting up a
command post in a critical incident. this includes
Multi jurisdictional cooperation on scene which
includes Fire EMS and Police. This class has been
very well received in the Metro area and all agencies
could and will benefit from this great hands on
training. The class includes a min iature model city to
conduct the simulated exercises.
Training Category: Crime Scene Investigation
Name of Facility: Parke _r PD
Class Location: Parker, CO
Hosting Agency: Parker Police Department
Anticipated Number of Students: 24
Estimated length of class: 24.0 hour(s)
Requested
$17 ,500.00
$17,500.00
Approved
$17 ,500.00 Instructor Costs
$17,500.00 Total
i. -·-------------------------------------------------------------------------------------------------______________________________ _j
------. ------------------------------------------·--------1
Training 4 0.0.D.A. Loop
Class Date: From 8/29/2016 to 8/30/2016
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 .
Expense Categories
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
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-····----------·---·-----·--------··----··----·--·-···----··-··-···---·---·--···-·-·-·--···--· ·······-··-··---···---··-··---·-·1
Training 5 0.0.D.A. Loop
Class Date: From 3/13/2017 to 3/14/2017
Description: 0.0.D.A. Loop training is a two day
Officer SuNival 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
suNival as well as the tactical. This course teaches
the suNival 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
Class Location: Littleton, CO
Hosting Agency: Littleton Police Department
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
I
Instructor Costs
Total I
--··----··--------·--·------·----·-------·-··--···-··----·-·---·· ---·-·····------· ···-···· ····--···--·-···---.... ------··---·---__ j
-·-··· ..... -·---------····--····· ... ---·····--·--·-----··-·-·. ·--·--·--··--·-···· .... ---------·-----·--·-··--···-·· ···--·· ·-· ··--· -·----·------------------·-1
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 t ime 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
Exhibit B-4
Instructor Costs
Total
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r---------· --------------------··-----·--·-·--·-· ··------------·-·----·-·--------. --·----·-. -·-···-·· --·-· --··--·----·---------------1
I Training 7 CPTED
• I Class Date: From 10/24/2016 to 10/26/2016
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Expense Categories
•
Description: 3 day basic CPTED (Crime Prevention
Through Environmental Design) course that
accommodates 50 students in the basic class.
Training Category: Miscellaneous
Name of Facility: Aurora PD
Class Location: Aurora , CO
Requested
$9,750.00
$9,750.00
Approved
$9 ,750 .00 Instructor Costs
$9,750.00 Total
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Hosting Agency: Aurora Police Department I
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:~:::~.~-::~~=~~::_=o:~: ___ ----------..... ---.................. ··-__ J
---· ·-----------------------------·------·---------·-····----· -·---·· -··-·-·---· -·. ·--·-·---·---·----···-·-·---1
Training 8 Beyond the Cones
Class Date: 11/16/2016
Description: "'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)
Training 9 Beyond the Cones
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
Expense Categories
Requested Approved
$5,900 .00 $5,900 .00 Instructor Costs
$5,900.00 $5,900.00 Total
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-·-····-· ··---···--· ·····-··--·· --··-·--1
Expense Categories I
I
Requested Approved i
$5,900 .00 $5,900 .00 Instructor Costs
$5,900.00 $5,900.00 Total
• Estimated length of class: 8.0 hour(s)
Exhibit B-5
r----------------.. -----------------------·---·-·--··--·----··-·---·--··--·----------------------·------
1 Training 10 EVOC Instructor Course DR0016
i I Class Date: From 8/15/2016 to 8/19/2016
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Description: This course training officers to be
instructors in police pursuit driving that includes,
backing, patrol driving and pursuits. This course is
instructed by Denver PD Driving Instructors.
Training Category: Driving
Name of Facility: Denver PD
Class Location: Denver, CO
Hosting Agency: Denver Police Department
Anticipated Number of Students: 40
Estimated length of class: 15 .0 hour(s)
Expense Categories
Requested Approved
$9,000.00 $9,000.00 Instructor Costs
$9,000.00 $9,000.00 Total
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----·-----··---··---. ·----·-·----------·-------·---·-------·-·-·---·· ·--·-·-·-·-··----·------i
1--·------------------------------------··-·------·--·----· ---------------·---·---··--····-·---·---·------··----·-·-----1
j Training 11 EVOC Instructor Course DR0016 j
I I :::ass O.:t :N7 rvm 9/26/2016 to 9/30/201 C ~;,:pai•<>e CatG ~ori ~~
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 County 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)
Requested Approved
$9,000.00 $9,000 .00 Instructor Costs
$9,000.00 $9,000.00 Total
Exhibit B-6
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• I Training 12 EVOC Instructor Course DR0016
I Class Date: From 11/14/2016 to 11/18/2016 Expense Categories
----·-·--··-······---·-··--·········· . ---------·----·----!
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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)
Requested Approved
$9,000.00 $9,000.00 Instructor Costs
$9,000.00 $9,000.00 Total
I
L . ·-----------·--··-····------------·-------··--·-·-···--··-··---··--·--·-····-···-··--···•···---·-····---···--__I
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i Training 13 EVOC 4x4 Instructor course DR0015
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-C-!&~"~·O~i~~·_,F ;c~-~~/S/2 n~·~r hJ 1/:l3:'2:17 · Exp a r.~s · Cate~o ri&::o ..
Requested
$5 ,400.00
Approved
$5,400 .00
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Instructor Costs
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Description: EVOC Driving course for Four Wheel
Drive Police Vehicles, this course teaches the details
and intricacies of driving a high profile vehicle in the
pursuit driving situations.
Training Category: Driving
$5,400.00 $5,400.00 Total
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Name of Facility: Adco Training
Class Location: Brighton , CO
Hosting Agency: Adams County Sheriff's Office
Anticipated Number of Students: 12
Estimated length of class: 24.0 hour(s)
·-·-· --·-···----·-··-·-····· .. ··-·-·-···---------·--··--······-····------..• -·-·-·-····· ·-· ··-·-··· .. ·· -···· .... .. ........ ...... ····· ··----·· ---·--··--·--······'
Exhibit B-7
r·· ··-----·----·--·----------------------····------------------·-----·--------·--·------·· ----·-----------------·--·--·-··----·1
I Training 14 ADVANCED L.E. DRIVING INSTRUCTOR PROGRAM \
I Class Date: From 8/1/2016 to 8/19/2016 Expense Categories i
' Description: This is an 80-hour advanced skills Requested Approved I
curriculum intended to provide those attending ·
course development and validation techniques, $14,500.00 $14,500.00 Instructor Costs I
pursuit operations, pursuit ending techniques, high 1'
center of gravity vehicle operations, adult $14,500.00 $14,500.00 Total
instructional methodology, coaching skills, remedial 1·
instruction, and additional skill building training for
those who attend. This is a two week course that is \
both classroom and physical skills training. Those i
attending must have successfully completed a I
Colorado POST approved driving instructor program \
prior to the course, and will need to provide a copy of I
their certificate to attend.
I
I Training Category: Driving
I
! Name of Facility: Flatrock Training
Class Location: Brighton , CO
I
I Hosting Agency: Adams County Sheriff's Office
I ,_ .ft. 11tit.:i!);:.t~~.Nurnbar nf .$tud~nt.s : 12,
Estimated length of class: 80.0 hour(s)
-·---------· -··-·---------------······------------····-··--·---··-·--·------·-· -----····· -··-· ...... ·--• ·--........ ··-··· ·---···-··· ... ·-......... -------· ... -------·-• ______ _j
Training 15 WINTER DRIVING & ACCIDENT AVOIDANCE COURSE
Class Date: 2/16/2017
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)
Expense Categories
Requested Approved
$1,800.00 $1 ,800.00 Instructor Costs
$1,800.00 $1,800.00 Total
Exhibit B-8
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r·-;~~~ning 16 ~EHIC~E C~U-NT-ERAMBUS~ T~CHNI~~~~-;~~~~~------------------·-------\
• j Class Date: From 5/15/2017 to 5/18/2017 Expense Categories
•
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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
I specialized unit within their agency. This course
I requires a host agency to facilitate. There are I specific equipment and facility needs that include
I classroom, AV equipment, training facility, training
! v ehicle~ f'q•.~ir,i!'.'~r! for1Vl/P!T t •a.ir.in0 ,.1'md .
j Simunition training weapons. The total number of
! attendees is capped at 12.
Training Category: Driving
i Name of Facility: Flatrock Training
i I Class Location: Brighton , CO
:
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Hosting Agency: Adams County Sheriff's Office
Anticipated Number of Students: 12
Estimated length of class: 40.0 hour(s)
Requested Approved
$4,800.00 $4,800 .00 Instructor Costs
$4,800.00 $4,800.00 Total
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L ___________ ·----------------·-------·-------·-··---------···----·--·-·-----···-. -·----······-... --............. -. -... --------· -· ··-----____ J
f "" ---·----------------··-·••-••-·-------··----·-·-__ ., ••• ••-•-• ·-··-··---•-Y•••"•--·--· ••• •·--•••--•• .......... ···---.... ··--·--·--·-···· ---············--· 1
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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
Exhibit B-9
i----------------·----·---·--·-------·---··--·--···-·-··----··--·---·-----·-····---·-----···--··--··-----··-------------··-··1
j Training 18 Basic on Scene Accident Investigations
I Class Date: From 9/12/2016 to 9/16/2016 Expense Categories I • I !
I
Description: Basic on-scene Accident Investigations Requested Approved \
1 teaches evidence identification, collection and
1 photography to assist other higher trained officers in $2,500 .00 $2,500.00 Instructor Costs I
accident investigations. I $2,500.00 $2,500.00 Total
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) I
I
'·-·--·-----------·-----------------·---···-·------··---·--·-·-·-----··-··------·--·----·· ..• ·-·-. ··-··-· --. ··--·------···------··· -· _________ _!
1 ·--·--··----··----------··-·--------------··--·--···-··---------·-··---· --·-·---... ·-·-... ··--·--· ---··---·-·-----------. -------··-· -··· ---1
I Training 19 Basic on Scene Accident Investigations
I r!~!:~ !?~~:-:-,.t;:-~m 31~ 312~~7 to 2/17/20~ 7 .
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
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I Training 20 Level II Accident Investigations
Class Date: From 10/31/2016to 11/11/2016
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.
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)
-·-------··----·----.. ·-·-·--1
I
Expense Categories
Requested Approved
$5 ,000 .00 $5,000 .00 Instructor Costs I
$5,000.00 $5,000.00 Total
I
·--··-------·------·-----------------------···---·-----·-·-----·-·-----------J
r------·------·-.. -----------·--__ .. _____ .. ____ . ----·-----·-----------1
I Jr~iV~!1~. 2'..l .t .~v.'3.1 ,,, A1.:~!d~mt !nvest~gat!on~. I
Class Date: From 5/15/2017 to 5/26/2017
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 .
; Training Category: Accident Investigation
J Name of Facility: Aurora Training Center
I i Class Location: Aurora , CO
1 Hosting Agency: Aurora Police Department
i Anticipated Number of Students: 20
Expense Categories
Requested Approved
$5,000.00 $5,000.00 Instructor Costs
$5,000.00 $5,000.00 Total
I Estimated length of class: 80.0 hour(s)
i_. ___ ---·--------------·-·-------· -·------·----------·-·--·------------------.. ·-·-·-.. ----------------______ J
Exhibit B-11
,----····---···--·-··-·---··--·--····-·---·····-·-····-·-----·-·-·--· .. ··-······· ·-·-·-·--·· -········-···· ·····-. --·--·· -·····•··-·-···--·-·---··---1
J Training 22 IPMBA Police Bike School j
i l \ Class Date: From 5/1/2017 to 5/4/2017 Expense Categories 1
Iii. i Description: IPMBA traines officers the basic bicycle Requested Approved
I
safety and patrol procedures needed for the safe and j
11
effective bike patrol $3,800.00 $3,800.00 Instructor Costs \I
Training Category: Bike Training $3,800.00 $3,800.00 Total I
Name of Facility: Jeffco SO
1
1
Class Location: Golden , CO
Hosting Agency: Jefferson County Sheriff's Office
Anticipated Number of Students: 24
Estimated length of class: 40.0 hour(s)
I
i
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I
··--·-··-·------------·-----··-------·--·----------·-··----···-····-····-···········-·-------····· ···-·······-···-----·---···--·--·-···-·.l
I ... -·-···-·---------·-··-··-----·-···-···--· ------···· ·-· ···-· ··-·. . ....... ·····---·-··· .. ·------· ·-··-·---··· ·--· ..... -· .... ··---------. -...... .
I Training 23 IPMBA Police Bike School
I Class Date: From 5/8/2017 to 5/11/2017
I
··uescriptfor.:'IPfvlBA t ra ines oificers the oasic bicyde
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)
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
investigate 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
$3,800.00
$3,800.00
Approved
$3,800 .00
$3,800.00
Expense Categories
Requested Approved
Instructor Costs
Total
$2,000.00 $2 ,000 .00 Training Supplies
$1,500.00 $1 ,500 .00 Refreshments
$3,500.00 $3,500.00 Total
Exhibit B-12
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•
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•
•
•
~·~-:-::_r_~-T-~~~-:-~~~~~~ce ··--·· .. ·--~---·----·--·-1
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
Training Category: Supervision
Name of Facility: Parker PD
Requested
$4,700.00
$4,700.00
Approved
$4,700 .00
$4,700.00
Instructor Costs
Total
I
I
I
I
I
I Class Location: Parker , CO
I
I Hosting Agency: Parker Police Department I
Anticipated Number of Students: 25
1 I Estimated length of class: 16.0 hour(s) i '--------------· -·---------------·-----· _. _________ .. ______ ----. -------·-----------------· ------. ,,, ____ ,_ _________ ,, _________ __]
r --------------------·-------·------------·-·------·--·------· ·-..... ----------··-----. ----... ·---·---·---...... ·----.... . ._ .. ·-.... _ --------·-·----------------
' I Training 26 NTOA Patrol Supervisor Response to Critical Incidence
I _Class Oat~_;,,From.11/7/20~6 .to -11/8/20113 .. . Fx!)~n!!;~ c~tP.goriP.~ ' .
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
Training Category: Supervision
Name of Facility: Lakewood PD
Class Location: Lakewood, CO
Hosting Agency: Lakewood Police Department
Anticipated Number of Students: 25
Estimated length of class: 16.0 hour(s)
Requested Approved
$4,700.00 $4,700.00 Instructor Costs
$4,700.00 $4,700.00 Total
i
I
.... _ .. ________ .. ______ ,, _____ --· ----· ---------.. -----··----· _________________ ,, ·--·-· .. ---------........ ----·· .. ----·----....... --------.... _ .. -.. ·--· ....... ,, ___________ ,_ ______ --------J
Exhibit B-13
[----------------·--------·--·------·--··--·-----------·-----. ··-------·---··----·-·------··---·····-··------·········-· -·--·· ······---·-· -· . -·····-· -----------]
I Training 27 LSAT ,
I Class Date: From 10/3/2016 to 10/5/2016 Expense Categories I
II. ! Description: "LSAT: Detecting Decept ion in Written Requested Approved i
l Statements" this course teaches officers/detectives 1
1
to analyse written statements from suspects and $5 ,800.00 $5,800 .00 Instructor Costs
witnesses on deception. A tool well used by i
officers/detectives to determine crimes, truths and $5,800.00 $5,800.00 Total
deception in statements written on a criminal
investigation.
Training Category: Other I
I Name of Facility: Broomfield PD
I Class Location: Broomfield , CO
I Hosting Agency: Broomfield Police Department
I
Anticipated Number of Students: 50
Estimated length of class: 20.0 hour(s)
!--------------------·--··----------··--·----·-----------·---------· ---·-·--·-·-·-------·-··········--··-····-·------------·--------· ,----------------------·--·--··-·---··-···-··--·-·--·-·--··-····--· --·· ···--------·---·--·-···-]
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
Expense Categories
Requested Approved
$8,500 .00 $8 ,500.00
$2 ,000.00 $2,000.00
$9 ,975 .00 $9,975.00
$25 ,000.00 $25,000.00
$45,475.00 $45,475.00
Facility Fee
Training Supplies
Refreshments
Instructor Costs
Total
Class Location: Arvada , CO
i Hosting Agency: Other
! I
1 Anticipated Number of Students: 500 I
! I , Estimated length of class: 16.0 hour(s) I
I I
1 ........ ······ -····-····---------··--····-··-···-···-·-·-·---···------··-·····----·---·--·----·------·------····-·-.. ·-···········. -··· ··-··. -----. -·---···--·--···-·---···-····-··-····]
E xhibit B-14
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,---------------·-··---·---··---------------· ----· --·--··-···--.... -.. ·······-··· ···-·-.. ··-. ···--····-·-··-··· ·······------··---··--,,
I Training 29 Basic SRO ss0001
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I I
I I I Class Date: From 8/15/2016 to 8/19/2016 Expense Categories ,
I
Description: Basic 40 hours SRO course Requested Approved I
Training Category: Miscellaneous $16,600 .00 $16,600.00 Instructor Costs
j Name of Facility: Lakewood PD $16 ,600 .00 $16,600.00 Total
I Class Location: Lakewood , CO
I
I Hosting Agency: Lakewood Police Department
1
I
Anticipated Number of Students: 20 I
, Estimated length of class: 40.0 hour(s) I
J ______ ·--·------·-----------···--·---·-·--·----------····----··--·----·-· --·-·····-·· -·· ---------··---__ J
,------·---·------·----------------·-· -· ·------·--··------·--·-·---····---·-········--··-· -··---···----· ·---·-·-i
' Training 30 Single Officer Response ss0002 I
Class Date: From 9/14/2016 to 9/15/2016
Description: Single officer response class to active
shooter
Training CC:ttegory; Other
Name of Facility: Martinsen Elementary
Class Location: Arvada , CO
I
Expense Categories
Requested Approved
$3,000.00 !raining Sup~rl ie::r · $3,000 .00
$10,000.00 $10,000.00 Instructor Costs
$13,000.00 $13,000.00 Total
• Hosting Agency: Arvada Police Department
Anticipated Number of Students: 20
Estimated length of class: 16.0 hour(s)
•
I
,,_,,_···-····------------·-----"·--. ·--· -···-·--· ---·-·-·· .. ·-·· --·---· ·-·-···------···---······-··-----· .J .. -----·-· -------·-·-··----·· ·-·-------------~----·-···-·-·--··---·
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
Approved
$7,750 .00
$7,750.00
Exhibit B-15
.... --·-·----····--····--··· ·1
Instructor Costs
Total
I
I
I
I
I
I
I
I
. ----···--·-. . .... -· ........... ..I
r------------------------------------------------------------------------------1
i I Training 32 FTO Kaminsky class j
I Class Date: From 10/17/2016 to 10/21/2016
j Description: Basic FTO Kaminsky class
I Training Category: Field Training Officer I
Expense Categories
Requested Approved
$7,750.00 $7,750.00 Instructor Costs
I Name of Facility: Auraria PD $7,750.00 $7,750.00 Total I
I Class Location: Denver , CO I
1 Hosting Agency: Auraria Police Department I
j Anticipated Number of Students: 24 I
! Estimated length of class: 40.0 hour(s) i
I
i. __ ,, _______________ .. __________________ .. ____ .. ____________ ,,_ .... ,, ... _ ·------.. --... --.. ____ ,,_ ·--·-.. ·---........ ______ ,,,, _________ ....I
.. -------------·--------.. -·-·--.. -· -·--·----· ·-· _ .. _______ ,, ____ ,, ___ ------.. --.. -...... _.!
Training 33 FTO Kaminsky class
Class Date: From 1/23/2017 to 1/27/2017
Description: Basic FTO Kaminsky class
tr~!oin~ r,.?.;f@9 9'Y '. F'ilil ld Tr<i !ning Offi c ~r ., ..
Name of Facility: Lakewood
Class Location: Lakewood, CO
Hosting Agency: Lakes ide Pol ice Department
Anticipated Number of Students: 24
Estimated length of class: 40 .0 hour(s)
Training 34 FTO Kaminsky class
Class Date: From 5/1/2017 to 5/5/2017
Description: Basic FTO Kaminsky class
Training Category: Field Tra ining 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 C~tegories
Approved Requested
$7 ,700.00 ·. $7,750 ~00 .. ·· 111strue;tur Costs-
$7,750.00 $7,750.00 Total
Expense Categories
Requested Approved
$7 ,750.00 $7,750 .00 Instructor Costs
$7,750.00 $7,750.00 Total
Exhibit B-16
!
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I
I
I
!
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r---------··-------·------·---··---·---------·-····· ·-·----····--· -------· --···-···-··-·-· ··---···-·--------··-------------·-·----1
I Training 35 Street Crimes I Pat McCarthy
• ! Class Date: From 10/18/2016 to 10/20/2016 Expense Categories
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•
I
I
Description: Street Crimes Seminar is an officer
safety/Officer Survival seminar by national speaker
l
1
Training Category: Street Survival
Name of Facility: Broomfield PD
J Class Location: Broomfield , CO
Pat McCarthy
Requested
$12,000.00
$12,000.00
Approved
$12,000.00 Instructor Costs
$12,000.00 Total
I
I Hosting Agency: Broomfield Police Department l
1 . Anticipated Number of Students: 120
I Estimated length of class: 20.0 hour(s) I
I I
1-·····--···-··--·----·-·-------------------·--·-·--·-···---·-------·---· ---·· ·-····· ·-· -···· ·--. -· ·--·--------------_J
r ·-------·----------·--·-----------·-· -----··----·-· ----·---·---··· -· ····· -----·--· -·-····-----····------------·-1
! Training 36 CSOC Supervisor Institute I
i, I Class Date: From 2/20/2017 to 3/3/2017 Expense Categories
' ~::::;·~~~:~7:~~~:i:~~: by GSOC :;:::~ . :::::.: Instructor Costs i
Name of Facility: Jeffco Total I $8,500.00 $8,500.00
Class Location: Golden , CO
Hosting Agency: Jefferson County Sheriff's Office I
Anticipated Number of Students: 30 I
, Estimated length of class: 80.0 hour(s) I
I '
;·--·---·-------------------···---------------··--·--·-·-·-·-···--··-··--····-·····----·-··-·------···--·-··--·-··--····--·--·--·-·---····---··--··--J
Training 37 Redman Instructor
Class Date: From 7/25/2016 to 7/29/2016
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)
Expense Categories
Requested Approved
$25,000.00 $25,000.00
$25,000.00 $25,000.00
Exhibit B-17
Instructor Costs
Total
I
I
I
I
I
I
i
I
I
I
-··-... -. ·-···-········--·· ----··---. I
1---;rai ~ing 38 -;~-0 ~-~~-i; the~~~-i~;~-~~-------------------------------------------. ---· ·-----------------------------,
1,1 II . Class Date: From 8/15/2016 to 8/19/2016 Expense Categories
Description: PTO train the trainer class Requested Approved I
Training Category: Field Training Officer $25,000.00 $25,000 .00 Instructor Costs
I
Name of Facility: Parker PD $25,000.00 $25,000.00 Total
Class Location: Parker , CO
Hosting Agency: Parker Police Department
Anticipated Number of Students: 25
Estimated length of class: 40.0 hour(s)
I
I
i
I I I [·--·----··---------------··------·----------·--------··------·-·-··~··----·--------.. ---------·-------·------·-·-·----·-l
Training 39 Bold Patrol
Class Date: 5/17/2017
Description: Tina Rowe class on patrol self initiated
patrol
Training Cat~gory: Miscellaneous
Name of Facility: Arvada PD
Class Location: Arvada, CO
Hosting Agency: Arvada Police Department
Anticipated Number of Students: 40
Estimated length of class: 8.0 hour(s)
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
$/,500 .uCt · :1i t;::>uo.\;u
$7,500.00 $7,500.00
Expense Categories
Requested Approved
-----------------------1
Instructor Gosr s
Total
I
I
I
I
I
I
---.... ----------------------· .. ____ )
-----·--·---------------~ ' i
I
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i
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$8,000.00 $8,000.00 Instructor Costs
$8,000.00 $8,000.00 Total
... ---· -·----··---·-···----____ \
Exhibit B-18
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EQUIPMENT
------·------·-------------·-·----·---------------· ----------------· -·-----·-·--·--· --------·1
I Equipment 1 I
I
i Description: Additional Equipment to add onto the
Tl Simulator such as force on force and addition
Expense Categories
I
I
weapons systems
Equipment Category: Shooting Systems
Requested Approved
$30,000.00 $30,000.00
I
I .. ___ ---···--·-. ------------··------------------------------·----·----·----------------------------··----------------
SCHOLARSHIP
·-··-··-··-------·-·----··-·---·---·------·-·-·------------·-------------·------... --·-··----···· -· ··--·-··------··---·--··-1
Description: Request made by agencies for training Expense Categories 1
money for specialty classes that GMR is not able to I
buy/host $70,000.00 divided by 7300 officers (in the Requested Approved I
. region) ls $9.58 .oer.offic:~r . $·,· v· ,u·o--u···.·01. .. :s··,;o,·ou··o.G··u··. ,.,.. . .· 1.:::.0 .. t ... i . . . , .. . .· . v .,. 1 uit1on n.~91s ration I
$70,000.00 $70,000.00 Total I
I
-·· -·· ... ·-·-·--·---· --------·· ·-·-··---··---·-·------·--·· ·------·--·--·---· -----·--··---·--· _________ ,, --·-·-·-·-· --_______________ J
Exhibit B-19
EXHIBIT C -GRANT FUNDING CHANGE LETTER (OPTION LETTER)
GRANT FUNDING CHANGE LETTER
(GRANTEE NAME)
Date: Original Contract CMS
#:
Grant Funding Change
Letter#
CMS Routing#
TO: Grantee Name:
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.
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
By: _____________ _
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
By: ___________ ~
Melissa Moynham, Controller
Date:-------
Exhibit C-1
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Date
August 1, 2016
COUNCIL COMMUNICATION
Agenda Item
9bii
Subject
Farm Lease Renewal
Agreements-2nd Reading
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 a bill for an ordinance , on second reading , approving new 5-year
farming lease agreements for:
1. Progressive Farms (Clo Mark Linnebur)
2. Craig Farms General Partnership (Clo 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
LIE WWTP. This results in reduced budgetary expenditures , as well as a firm revenue source for LIE
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 LIE 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 •
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ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING FNE (5) FARM LEASE RENEW AL 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 ofthis 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.
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,
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.
Read by title and passed on final reading on the 1st day of August, 2016.
Published by title in the City's official newspaper as Ordinance No ._, Series of 2016, on
the 4th day of August, 2016.
Published by title on the City's official website beginning on the 3rd day of
August, 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
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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 tenn 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 farm.able 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 m¢e payable to the order of: Littletop/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 fann 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 unfannable. Lessee shall comply with the tenns 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 Fann Lease -Progressive Farms 2016 Page 1 of 6
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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 ~y of the
covenants herein contained, without further notice of any kind, quit and s~'Tender 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
repairs, additions, or improvements as Lessor may deem necessary.
Littleton/Englewood WWTP Farm Lease-Progressive Farms 2016 Page 2of6
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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 bis agents or employees,
or ·from ·the .possession,· use,. eccupancy1 nr maintenance of the: Leased Property by Lessee, his
agents, employees, or af:filiat~. .
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
C/o 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.
(Signaturesfollow on separate pages)
littleton/Englewood WWTP Farm Lease -Progressive Farms 2016 Page3 of6
LESSOR: • CITY OF ENGLEWOOD
By: Joe Jefferson, Mayor
Date:
CITY OF LITTLETON
By:
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Date:
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Littleton/Englewood WWTP Fann Lease -Progressive Fanns 2016 Page 4of6
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LESSEE:
PROGRESSIVE FARMS
d4LL
By: MmkUmebur, Managing Partner
Date:
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Littleton/Englewood WWTP Farm Lease-Progressive Farms 2016 Page 5of6
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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, Coooty of Adams, State of Colorado.
Parcel II: . . . .. .
The West one-half of Section 4, all of Section 5, Township 4 South, Range 57 West c:,f 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 o{Section 28; all of Section 29, except the East 40 feet; all in ·
Towriship 4 South, Range 57 West of the 6th Principal Meridian, County of Arapahoe, State of
Colorado, · · · ·
Parcel 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-h~tf, except tlie West 40 feet; tlie Southwest quarter, except the West 40
feet; the North one-half of the Southeast quarte.r of S¢ction 20; all in Township 4 South, Range
57 West of the 6th Principal Meridian, Colinty of Arapahoe, State of Colorado. . .
Littleton/Englewood WWTP Farm Lease-Progressive Farms 2015 Exhibit A
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FARM LEASE
IBIS LEASE is entered into betWeen 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 tenn 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 fannable acres
on the Leased Property, (320 acres) for a total annual lease payment of $3,840.00.
2. ·· The .l~se paYme~t is to be made payable to the order of: Littleton/Englewood T;,\rwTP
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 fanning
practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual
agreement of the parties, or othernise unfannable. 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 WWfP Farm Lease -Craig Farms 2016 Page 1 of S
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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. L~ssee shall, at the.~xpiration of this Leas~, or upon a breach by the Lessee of any '6fdie
covenants herein contained, without foi ..... ..hcr 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 chatteis, 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 ta 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 tenn 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 detennines 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 tenninated
Littleton/Englewood WWTP Farm Lease -Craig Farms 2016 Page 2of5
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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.
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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 Le8sor or the Leased Property or any part thereat: as a
result o±: 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, mider, or 011tthe Leased ;property .at any time during the teim ()ftbis 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:
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.
(Sign.aturesfol/ow 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:
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Littleton/Englewood WWTP Farm Lease -Craig Farms 2016 Page 4of5
LESSEE: • CRAIG FARMS GENERAL PARTNERSHIP
Date:
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Littleton/Englewood WWTP Fann Lease -Craig Farms 2016 Page S of S
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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 WYi and the WYi of the EYi 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. Th~ lease payment is to be made payabie ·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 d.ryland 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 1of5
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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
t.:uvt:na.nts herein contained, without fur'"Jier notice of any kind, quit atid sutri;nder 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
repairs, additions, or improvements as Lessor may deem necessary.
Littleton/Englewood WWTP Farm Lease -Kent Beichle Farm 2016 Page 2of5
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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 •th~ossession,·usef occupancy, or maintenance of the Leased ~roperty 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 tenn 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 Fann Lease -Kent Beichle Farm 2016 Page 3 of5
LESSOR: • CITY OF ENGLEWOOD
By: Joe Jefferson, Mayor
Date:
CilY OF LITILETON
By:
' . -·--------_;,·--------· Date:
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Littleton/Emrlewood WWTP Fann Lease-Kent Re1chle F~rm ?01"
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Date:
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Littleton/Englewood WWTP Farm Lease -Kent Beichle Fann 2016 Page 5of5
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. . ~ . ·FARMLEASE
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·: ;.
THIS LEASEis 'enter~ i,ntp betwe~n ,th~·qtie~.~f~htleto~and Engl~wood,.(collectiV,ely
referred to hereinafter as 1 'Les~or'~, and Gary and Nancy Meie~ and Jason M~ier, (referred
to hereinafter a,s "Lessee''). Oilthis date, 'Lesso~ 'b.as, leaiied to the Lessee~ the foUoWing . .' · .
described premises s.it\iat¢d in the Coilntyof J\rapal,1,oe,· St~te o(Go,ora~o, to .wit: ·.· .. ·
: , • ·. •• ; !' ' , : ':-·-: •• •• ':· • : • • :. ::, •. • ;' : • •.I •• ·, ·., , ,' • : ••. ' '.' ·,.,. • ••. •• ; :~, • • ' \; • •• • • ; ·: . : • , • .·• ••
·». :.· f ~~e ;Exhibit A ~~~ched hereto atld ma(l~ 'a p~ her~of]
Together with all ,b~il~gs an~ ~~;o~~·ents ·~~ th~ pretnis~s (h~~ein~~r referr~4 t~ as th~ ...
"Leased Property'') in acC()rdance ~tli the following temiS:· , · · · · · · ·
1. This le,ase repl~ces and ,supers~des in its entjrety, any prior le~e agreement between the
parties coilcernirig thete~ed PropertY: Thl,s lease shall be for the term of one (1) °)rear,
renewable an:nuany for five .(5) years comme~cing on .Januacyd, 2016, and ending o~
December 31~ 202Q; · . . · , . · ..
• At ~e re~tqf $~2.oo(tw~1:ve dollfil.s) p~r aere per year on fannable acr~s on the
Lea5ed Property, (792.6 adres) for $9511.20 · . · '>· . · · · ·
l!I ~ At therentcf $8.00 (eight dollars) per acre ·on grazing acres on theLeased
Property (478 acres) for $3,824.00
• . For a total annual lease payment of $1.3,335.20.
• I • ; ' \
• 2. The lease payment is to be made payable to the ~rder 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 1 oi' othernise 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 pemtlt 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 Farm Lease -Meier Farm 2016 Page 1of5
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6. Lessee shall not assign this lease, sublet, or relinquish the Leased Property without the
express written consent of the Sl1Pervisory 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 allo;w 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
. ha.."\·e~td .. and. threshed-as stated, the. Les~r :i:nayproce~d to .do so after ten-(10) da~1s' notice tc
the Lessee, and take enough of the Lessee's gram to pay expense ofsuch harvesting or
4-1. ... aah~"n
'-.L&.L "'1;1.a..u..a..Lo•
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) ifthe 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
•
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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 Farm Lease -Meier Farm 2016 Page 2 of 5
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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
·.~xpms~s of~~yki,nd whatsoever ,(inclmling ·but not .limited to reMonebleattcmey. fee:}-•Nhlch., ..
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:
jttleton/Englewood WWTP
Yo Treatment Division Manager
~900 South Platte River Drive
~nglewood, CO 80110
TO LESSEES:
Gary and Nancy Meier
3265 SCR 185
Byers, CO 80103
rhe addresses for notices may be changed by written notice given to the other Party in the
nanner provided above.
• Lhis lease shall be in effect as of the date first above written.
Littleton/Englewood WWfP Fann Lease -Meier Fann 2016 Page 3of5
(Signatures follow on separate pages) •
. ~·· .. . ........... ,,. . ....... .
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Littleton/Englewood WWTP Farm Lease -Meier Farm 2016 Page 4 of 5
• LESSOR:
CITY OF ENGLEWOOD
By: Joe Jefferson, Mayor
Date:
CITY OF UITLETON
By:
.. ·.r '· ....
Date:
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Littleton/Englewood WWTP Farm Lease -Meier Farm 2016 Page 5of5
LESSEES:
By: 'Nan~ier
4 ~·
Date:
Littleton/Englewood WWTP Farm Lease -Meier Farm 2016
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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 WWTP Farm Lease -Meier Farm 2015 Exhibit A
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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 SYi 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
o~ 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
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• 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.
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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
. .
iO. Lessee shali accept the fencelf upm1 said Lea.~e<l Propr;~rly HS th~y now are now eJCisting .
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 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.
Littleton/Englewood WWTP 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 hi
writing, on or before October 1 prior to the anniversary date hereof, in which ev~nt 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 cancellatio~. . . . .
17. All payments from the Lessee shall become due and payable upon forfeiture of said
Lease, or upori abandoning said Leased Property, an4 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 ~hall indemnify, defend and hold harmless Lessor and its successors~ assigns aiid
representatives from and against any and all .damages, claims, losses, costs, liabilities, and
expenses of anykind whats9eVer (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 bis agents or employees,
or fromttth" 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 seti, 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 Fann 2016 Page3 ofS
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• LESSOR:
CITY OF ENGLEWOOD
B~ Joe Jefferson, Mayor
Date:
CITY OF LITILETON
,·.· '
By:
Date:.·
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Littleton/Englewood WWTP Farm Lease-Clint Burnet Farm 2016 Page4of5
LESSEE: •
By:~Bumet
:?:> .-;t, -/~
Date:
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• Littleton/Englewood WWTP Farm Lease-Clint Burnet Farm 2016 Page 5of5
f>
• COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject: Approval of Retail
11bi Marijuana TABOR ballot
August 1, 2016 language-2nd Reading
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, on second reading, 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
approximate ly $171 ,000 per store and an assumption of three stores in Englewood.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER OLSON
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 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 WITH THE RESULTING TAX REVENUE BEING
ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS
PROVIDED BYLAW .
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 RA TE 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 BY LAW?
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.
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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 .
Read by title and passed on final reading on the 1st day of August, 2016.
Published by title in the City's official newspaper as Ordinance No. _, Series of 2016, on
the 4th day of August, 2016 .
Published by title on the City's official website beginning on the 3rd day of
August, 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
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject: Approval of
11ci Investment Advisory
August 1, 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, by resolution, 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
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RESOLUTION NO .
SERIES OF 2016
A RESOLUTION APPROVING AN AGREEMENT FOR INVESTMENT ADVISORY
SERVICES BETWEEN CUTWATER INVESTOR SERVICES CORP. (d.b.a. INSIGHT
INVESTMENT) AND THE CITY OF ENGLEWOOD.
WHEREAS, in 1991 the City entered into an agreement with American Money Management
Associates, Inc. (AMMA) for investment management services; and
WHEREAS, in 1996 AMMA merged with MBIA Asset Management; and
WHEREAS, in 2010 Cutwater Asset Management assumed the investment management
services formerly offered by MBIA Asset Management; and
WHEREAS, in 2016 the City issued a request for proposal for investment advisory services
and Insight Investment, a subsidiary of Bank of New York, Mellon was selected to provide
investment management services for the City's Investment portfolio; and
WHEREAS, the passage of this Resolution approves an investment advisory agreement with
Cutwater Investor Services Corp. (d.b.a. Insight Investment) which includes investment and
reinvestment of the City's assets within the City's guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The "Insight Investment -Investment Advisory Agreement" between Cutwater
Investor Services Corp. (d.b.a. Insight Investment), attached hereto as Exhibit A, is hereby
accepted and approved by the Englewood City Council.
Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the
City of Englewood, Colorado.
ADOPTED AND APPROVED this 1st day of August, 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
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Insight Investment
INVESTMENT ADVISORY AGREEMENT
This Agreement, dated as of the ·--. day of 2016 ("Agreement"); is entered into by and
between Cutwater Investor Services Corp. (d/b/a lnsight Investment) (''Adviser") and City Englewood
("Client")• The parties hereto agree as follows:
1. Account Assets
Client hereby appoints Adviser as its investment adviser to direct, in its sole discretion and without prior
consultation or approval of Client, the investmenta,nd reinvestment of the assets in Client's account (the
"Account") on the following terms and conditions. Client may, upon wi:itten notice td Adviser, add to or
temove assets from the Accolmt. Adviser is under no obligatioi1 to hold any contributed assets and is
authorized to engage in an orderly liquidation of such assets as promptly as practicable to establish Client's
investment portfolio. Any and all assets (including, without limitation, debt or equity securities, other
financial instruments and cash) from time to time in, or identified for, the Account shall hereafter be referred
to as the "Account Assets".
2. Investment Services
Without Client's prior consentto each transaction and subjeFt to the Investment Guidelines (defined below),
Adviser shall have full discrenonary authority as agent and attorney-in-fact, with full power of substitution
and full authority in Client's name, With respect to the Account to (a) buy, sell, hold, exchange, convert, advise
on, or otherwise deal in any manner in any Account Assets as permitted under the Investment Guidelines; (b)
place orders for the execution of such AccountAssets and other transactions with or through such brokers,
dealers, counterparties, issuers, agents or arrangers as Adviser may select; (c) negotiate, execute and amend
(as applicable), on behalf of the Client, such brokerage, and other agreements and documents as Adviser
deems necessary or appropriate in connection with the Account's investment activities or the performance of
the Adviser's duties hereunder.
The Client agrees that the Adviser assumes no responsibility or liability, for any Client investments for which
the Adviser has not been appointed as investment adviser. The Client understands that this Agreement does
not require or obligate the Adviser to provide legal or tax advice services to the Client and that the Adviser is
not providing such services to the Client.
3. Investment Guidelines
The Advise!' agrees to supervise and direct the investment of the Account with regard to the written
investment objectives and policies and in accordance with restrictions applicable to the Accmint ("Investment
Guidelines") attached hereto as Exhibit A, which may be amended in writing from time to time upon the
mutual agreement of the partles. Client also shallprovide Adviser with any additional information that
Adviser may reasonably request to assist it in managing the Account. Unless otherwise indicated in the
Investment Guidelines there are no restrictions on (i) the types or categories of investments in which the
Adviser may invest on behalf of the Client, (ii) the markets on which transactions may be carried out or (iii)
the amount or proportion of the Account that may be invested in any category of investment or in any one
investment. Client is solely responsible for ensuring that the Investment Guidelines comply with the laws,
rules, regulations, and the policies and procedures that are applicable to the Account.
The Client acknowledges that compliance with the Investment Guidelines will be monitored as. of close of
each business day (defined as each day the New York Stock Exchange is open for business). The Investment
Guidelines shall not be deemed to be breached as a result of the occurrence of any of the following events: (i)
any changes in price or value of any investment which is brought about solely through movements in the
market; (ii) any change in the composition of any benchmark set out in the Investment Guidelines; (iii) any
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issue, redemption or cancellation of investments by, or capital reconstruction of, a company or issuer whose
securities are held in the Account or to which the Account has exposure; (iv) any change in rating of an
ilwestment held in the Account or to Which the Account has exposure, or any issuer Qfany such investment;
(v) any change in Investment Guidelines directed by the Client, including changes to lists ofrestricted
securities; or (vi) any addition or withdrawal ofcash or other assets by the Client.
4. Custody
Adviser shall have no responsibility for the custody of the Account Assets. The Client shall select a
("Custodian") to hold the Account Assets in safekeeping for the Client and to take all necessary steps to settle
purchases, sales and other transactions under this Agreement made by Adviser; including delivery of
certificates, payment of funds, collection of income, dividends, and other distributions, and such other acts as
may be necessary to fulfill such custodial responsibilities. Clie11t authorizes Adviser to give Custodian
instn1ctions for the p\lrchase, sale, conversion, redemption, exchange 01· retention of any setutity, cash or
cash equivdlent or other investment for the Account .Adviser shall give notice and ptoper instruttiOns with
respect to transactions in such reasonable manner as shall be agreed upon with the Custodian and Client. The
Adviser will not have custody or possession of the assets of the Account of the Client or authority to effect
withdrawals or deposits in the Account and shall not be liable for any act or omission of the Custodian. The
Client shall be solely responsible for all fees involved with any custodial arrangements. Client shall notify
Adviser prior to making any changes to the Custodian,
5. Legal Attions; Proxy and Corporate Actions
The Client agrees that Adviser shall not be responsible for, and shall incur no liability, in connection with the
handling of any legal proceedings, including class attions and bankruptcies (each, a "Legal Action"), with
respect to .securities purchased or held in the Account Client and/or its Custodian will handle matters
relating to any Legal Action and Adviser shall not have any obligations relating thereto.
Client will, or will direct its Custodian to, send to Adviser or its agent (i) illl proxy solicitation :material and
other related material, including interim reports, annual reports and other issuer mailings respect to the
Account as well as all materials and information relating to corporate reorganization matters (e.g.,
conversions, tender and exchange offers, mergers, stock splits, rights offerings, recapitalizations;
amendments, modifications or waivers or other rights or powers) (collectively, "Proxy and Corporate Action
Material"). Adviser shall have full discretionary authority as agent and attorney-in-fact, with full powet of
substitution and full authority in Client's name, with respectto the Account to act and vote upon all Proxy and
Corporate Action Material and Adviser may, at its discretion, elect to use one or more third parties in fulfilling
its obligations hereunder; Client understands that even if it has appointed Adviser to receive and act upon the
Proxy and Corporate Action Material, Client may receive certain other issuer-related communications ·
regarding investments irt the Accou .tit and will be responsible for ptoviding Adviser with any applicable
instructions or directions contemplated by such communication; Clientmay obtain a copy of Adviser's proxy
voting policies upon request.
6. Client Reporting
The Adviser will make available to the Clieritperiodic reports. The Adviser does not assume responsibility for
the accuracy of information or data furnished by the Client, the Custodian or any other person or firm. The
Client acknowledges thatthe Custodian's statements are the official records of the Account Assets.
7. Allocation of Brokerage
When placing orders for the execution of transactions for the Account, the Adviser will take into
consideration available prices and other relevant factors such as, without limitation, execution capabilities,
dealer spreads or commissions, settlement and clearance capabilities; willingness to commit capital as a
prineipal, size and difficulty of the transaction, research and other services provided by such broker-dealers.
The. Advisel" will exercise good faith in seeking to obtain the best price and execution for each transaction for
the Account; however, trc;1nsactions will not always be executed at the lowest available price. The Adviser
shall not be liable to the Client for any act or omission of any broker or dealer selected by the Adviser.
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In placing orders for the Account, Adviser niay effect transactions independently or purchase or sell the
same or similar Account Assets for several clients (including clients of affiliated advisers) at approximately
the same time. In the event that Adviser aggregates such orders to seekhest execution or to negotiate more
favorable commission rates than might have beert obtained had Adviser placed such orders independently,
Adviser will allocate such orders in a manner it considers to be fair and equitable among its clients.
Adviser may give a copy of this Agreement to any broker-dealer or other party to a transaction for the
Account, or the Custodian, as evidence of Adviser's authority to act for the Account.
8. Valuation
The Adviser will value the securities in the Account based upon prices obtained .from an independent pricing
source(s). Where prices cannot be obtained from such an independent source, Adviser will value that
security in a good faith manner to reflect the fair market value thereof. The Client acknowledges that the
Custodian is the pricing agent for the Client's books and records and other custodial reporting purposes.
9. Delegation
In performing its obligations under this Agreement, Client authorizes Adviser, at its own discretion and
without the consent of the Client, to delegate any back-and mictdle"office functions and either non-
discretionary investment management services to any affiliate of Adviser as well as third party service
providers subject to confidentiality agreements.
10. Fees
The compensation of the Adviser for its services under this Agreement shall be calculated and paid in
acco1·dance with the Fee Schedule in Exhibit B, as the same may be amended from time to time by mutual
agree111ent of the Clientand the Adviser.
11. Other Expenses
The Account shalI he responsible for all expenses relatec! to trading the assets of theAccount, including but
not limited to, brokerage commissions, d,e(ller spreads, exchange service fees, taxes, and interest on Ae;count-
related loans and debit balances.
12. Limitation of Liability
Adviser does .not guarantee the performance of the Account or any specific level of performance or the
success of any investmentdecision or strategy that Adviser may employ. Clientunderstands that investment
decisions made for the Account are subject to various market, currency, economic; political or business risks,
and that those investment decisions wfll not always be profitable. Adviser will manage only the Account
Assets and property held in the Account, and in making investment decisions for the Account, Adviser will
not consider any other investn1ents owned by the Client Because Adviser may provide advice to Client
regarding only a portion of the Account's assets, Adviser shall not be responsible to ensure that the
Account's assets, viewedin their entirety, are sufficiently diversified.
Adviser will exercise reasonable care in its performance of investment advisory services on the Client's;
behalf. Except for fraud, gross negligence or willftil misconduct, none of the Adviser, its affiliates or its
delegates, nor any oftheir respective officers, directors, employees or agents shall be liable hereunder for any
actions performed or omitted to be performed or for any errors of judgment in managing the Account.
Notwithstanding anything in this Agreement to the contrary, to the extent permitted by Jaw, each party
waives all rights to claim punitive or consequential damages .
13. Services to Other Clients
It is understood that the Adviser and its affiliates perform investment advisory services and related services
for other di en ts. The Client agre.es that the Adviser may give advice and take action with respectto any ofits
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other clients, including proprietary acc,ounts, which may differ from advice given, or the timing, or nature of
action ta,ken, with respect to the Account.
Nothing in this Agreement shall be construed to preve11t Adviser or any affiliate of Adviser or any of its
directors, officers, employees, or affiliates ("Affiliated Persons'') in any way from p1irchasing or selling any
same or similar Account Asset~ for its or their·own accounts prior to, simultaneously with, or subsequent to
any recommendation or action taken with respect to the Account, or to impose upon Adviser any obligation
to purchase or sell for the Account any security which Adviser or any of its Affiliated Persons may purchase
or sell for its or theii• own accounts or for the account of any advisory, brokerage or other type of client.
The Client acknowledges that Adviser ol' its affiliates may, from time to time, come into possession of material
non-public or other confidential informationthat may restrict the Adviser's ability to enter into transaction
on behalf of the Account, and Adviser will have no liability hi connection therewith.
14. Representations by the Client
The Client represents that the terms of this Agreement do not violate any obligation by which the Client is,
bound, whether arising by contract, operation of law, or otherwise, and that this Agreement has been dtily
authorized by appropriate action and is binding upon the Client in accordance with its terms,
The Client agrees that the Adviser may use Client's name in the Adviser's promotional material and may
provide the Client's name and contact details in response to certain RFP requests for client contact
information.
15. Representations by the Adviser
The Adviser represents that it is a registered investment adviser under the provisions of the Investment
Advisers Act of 1940, as amended ("the Act"). This Agreement has been duly authorized by appropriate
action and is binding upon the Adviser in accordance with its terms.
The Adviser shall act in accordance with the prudent investor rule and other applicable provisions for
delegated fiduciaries set forth in the Colorado Uniform Prudent Investor Act -15-1-1-101, et seq. of the
Colorado Revised Code, as may be amended.
16. Acknowledgment of Receipt of Brochure (Form ADV Part 2A)
The Client hereby acknowledges receipt of the Adviser's Brochure (Form ADV, Part 2A) in compliance with
Rule 204-3 of the Act. By signing this Agreement, Client acknowledges its understanding and approval of
Adviser's policies and procedures, including its broker-dealer and counterparty selection practices and
execution and allocation of orders described in Adviser's written disclosure statement.
17. Notices
Any notice, report, account statement, instruction or other communication required or contemplated by this
Agreement shall be in writing and, unless otherwise provided 'in this Agreement, will be deemed to have been
given (b) when delivered in person, (c) when dispatched by electronic mail, (d) when dispatched by facsimile
(confirmed in writing by electronic mail or U.S. mail simultaneously dispatched) or (d) one (1) business day
after having been dispatched by a nationally recognized overnight courier service to the appropriate party at
the address set forth below. All notices and other communications shall be deemed effective when received,
iri writing, at the addresses appearing below. Receipt of written notice shall be presumed if mailed postpaid
by registered or certified mail, return receipt requested. Each party shall be entitled to presume the
correctness ofthe address below until notified in writing to the contrary. The Client hereby consents to the
Adviser's use of electronic mail to satisfy its disclosure delivery requirements under the federal securities
laws (including the Adviser'sobligation to deliver its Form ADV), and to deliver any other reports, and
documents. Such consent shall be effective for the duration of this Agreement, unless the Client revokes such
consent in writing.
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If to Client:
If to Adviser:
City of Englewood, Colorado
1000 Englewood Pkwy
.Englewood, Colorado 80110
Attention: Finance and Administrative Services
Facsimile: _30_3_-_78_3_-_68_9_6 ____ _
Email:
Insight lnvestin en t
200 Park.Avenue, 7 1" Floot
NewYork, New York 10l66
Attention: Client Service
Email: dientseryicena@insightinvestment.com
18. Termination: Assignment: Amendment
This Agreement may be terminated at any time by either party giving to the other at least thirty (30) days'
prior notice of.such termination confirmed in writing. If any fees have been paid in advance, the Adviserwill
refund to the Client a pro-rata share of the fee.,Termination of the Agreement will not affect (i) the validity of
any action pteviously taken by Adviser under this Agreement or (H) liabilities or obligations of the Client in
respect to ~he Account from transactionsinitiated before termination. Upon the termina.tion of this
Agreement, Adviser will have no obligation to recommend or take any action with regard to the Account
Assets. The Client authorizes the Custodian to debit from the Account any
management fees that remain unpaid as of the termination date.
No assignment; as that term is defined in the Act, of this Agreement shalI be made by either party without the
consent of the other. This Agreement may be amended or modified at any time by mutual agreement in
writing.
19 .. Counterparts
This Agreement may be executed in two or more counterparts, each one of whieh shall be deemed to be an
original.
20. Governing Law: Arbitration
This Agreement shall Ile governed by, intel'preted, constrt1ed a:nd enforced in accordance with the laws of the
State of New York, without giving effect to any contlict or chpice of law provisions of that State.
All disputes arising out of or in connection with this agreement and the services performed under this
agreement shall be finally resolved by arbitration in Denver, Colorado under the Commercial Arbitration
Rules of the American Arbitration Association by a single arbitrator appointed in accordance with the said
Rules, The parties acknowledge that they are waiving their right to seek remedies in court, including the right
to a jurytrial. For the avoidance of doubt, the arbitrator shall not be empowered to award punitive damages.
A party rirnst provide written notice of any such dispute at least sixty (60) days prior to initiating any such
arbitration, After such written notice is provided, the parties shall engage in good faith negotiations in an
effort to resolve the dispute.
The costs of the proceedings shall be borne equally by the parties (however, each party shall bear its own
attorneys' and experts' fees). Payments .otherwise due under this agreement which are not the subject of the
arbitrated dispute shall not be withheld on account of any dispute referred to arbitration.
No discovery other than an exchange of documents relating to the dispute shall be permitted. All documents
and information exchanged by the parties in any such arbitration shall be treated as confidential by the party
receiving the document or information. Any arbitration award issued shall also be maintained as
confidential by the parties, except wherethe disclosure of such information is required by law or regulation.
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The parties acknowledge that: (i) Arbitration is final ; (ii) Pre-arbitration discovery is more limited than and
different from court proceedings; (iii) The arbitration award is not required to include factual findings or
legal reasoning, and a party's rightto appeal or seek modifications ofthe award are strictly limited.
21. Entire Agreement
This Agreement constitutes the entire agreemei1t of the parties with respett to the ma1iage~ent of the
Account. The Exhibits referenced hereili are incorporated into this Agreement
22. Confidentiality
The parties to this Agreement shall not disclose information of a confidential nature acquired in
consequence of it, exceptfor information which is or becomes within the public domain (other than by
reason of a breach of this clause}; or which they may be entitled or bound to disclose by applicable. law or
regulation; or which is requested by regulatory or fiscal authorities, auditors; or court of competent
jurisdiction or pursuant to similar legal process. Adviser may disclose information in relation to the Client to
a) its officers, employees, affiliates, delegates and agents, b) other third parties (including) without
limitation, custodians, brokers, counterparties, and trade data repositories) in connection with the
performance of its services hereunder or to assist or enable the effective management of the ClienCs
Account, as well as financial accounting, insurance and risk purposes, provided they are subject to similar
restrictions on further disdosure Of such confidential infotniation. In the event either party receives an
"open records request" under Colorado law, the receiving party shall promptly notify the other party,
23. Force Majeure
Notwithstanding anything in this Agreement to the contrary, Adviser shall not be t·esponsible or liable for its
failure to perform under this Agreement or for any losses to the Account resulting from any event beyond the
reasonable control of Adviser, oi· its agents, including but not limited to nationalization, strikes, expropriation,
devaluation, seizure, or similar action by any governmental authority, de facto or de jure; or enactment,
promulgation, imposition or enforcement by any such governmental authority of currency restrictions,
exchange controls, levies or other charges affecting the Account's property; or the breakdown, failure ot
malfunction of any utilities or telecommunications systems; or any order or regulation of any banking or
securities industry, including changes in market rules and conditions affecting the execution. or settlement of
transactions; or acts of war, terrorism, insurrection or revoltition; or acts of God or any other similar event
Adviser shall use commercially reasonable efforts to mitigate any losses resulting from such events anti shall
maintain a commercially r.easonable business recovery plan. This Section shall sun.rive the termination of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective
representatives as of the date first above written.
City of Englewood
APPROVED BY:
ADDRESS:
Cutwater Investor Services Corp.
d/b/a Insight Investment
BY:
ADDRESS:
Name: Joe Jefferson
Title: Mayor
1000 Englewood Pkwy
Englewood, CO. 80110
;;;7~--"' Name: E. Gerard Berrigan
Titl.e: Head of U.S. Fixed Income
200 Park Avenue, 7th Floor
New York, NY 10166
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EXHlBlTA
INVESTMENT GUIDELINES
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RESOLUTIONNO. ~
SERIES OF2014
A RESOLUTION APPROVING AMENDING THE CTIY OF ENGLEWOOD INVESTMENT
POLICY.
WHEREAS, the Englewood City Council approved ResoltitiO"lJ. 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 City1 except for the
Firefighters Pension Fund, the Vofonteer Firefighters Fund, the Police Officers Pension Fund and
the Non-Emergency Employees Pension Fund; and
WHEREAS. the Investment Policy focuses on four main tenents:
• Preservation of Capital
• 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.
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City of Englewood, Colorado
INVESTMENT POLICY
The Director of Finance and Administrative Services. of the City of Englewood, Colorado i$
charged with the responsibility to prudently and properly manage any and all funds of the City.
Because these. flmds may be called upon, it is essential that absolute maturity horizons are
identifiable for the purpose of liquidity. Moreover, these funds must be fully collateralfzeq and
appropriately authorized . The following Investment Policy addresses the methods , procedures
and practices which must be exercised to ensure effective and sound fiscal management.
SCOPE
This Investment Policy shall apply to the investment ofan financial assets and all funds of the City
of Englewood (hereafter referred to as the "City") over which it exerbises financial control, except
the City of Englewood Firefighters Pension Fund, Volunteer Firefighters Pension Fund, Police
Officers Pension Fund , the Non-Emergency Employees Retirement Plan Fund and other City
employee retirement plans.
In order to effectively make use of the City's cash resources, all mon ies shall be pooled into one
investment account and accounted for sepa rately . The investment income derived from this
account shall be distributed to the various City. funds in accordance with Englewood Municipal
Code, 4-1-2-A.
OBJECTIVES
The City's funds shall be invested in accordance with all applicable. City policies, Colorado
statutes, and Federal regulations, and in a manner designed to accomplish the following
objectives, which are listed in priority order:
• Preservation of capital and the protection of i nvestment principal.
• Maintenance of sufficient liquidity to meet anticipated disbursements and cash flows.
• Diversification to avoid Incurring unreasonable risks regarding securifies owned.
• Attainment of market rate of return equal to or higher than the performance measure
established by the Director of Finance and Adm inistrative Services.
DELEGATION OF AUTHORITY
The ultimate responsibility and authority for ihvestment transactions involving the City resides with
the Director of Finance and Administrative Services (herei nafter referred to as the "Director'') who
has been designated by the City Manager as the Investment Officer in accordance with
Englewood Municipal Code . The Director may appoint other members of the City staff to assist
him in the .cash management and investment function . Persons who are authorized to transact
business and wire funds on bet1alf of the City Will be designated by the Director by the wire
transfer agreement executed with the City's approved depository for bank services (see Appendix
I).
The Director shall be respo nsible for all investment decisions and activities , and shall establish
written administrative procedures for the operation of the City's investment program consistent
with this Investment Policy. The Investment Officer acting within these procedures shall not be
held personally li able for specific investment transactions.
The. Director may in his discretion appoint ohe or more Investment Advisors, registered with the
Securities and Exchange Commission under the Investment Advisers Act of 1940, to manage a
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portion of the City's assets. An appointed Investment Advisor may be granted limited investment
discretion within the guidelines of this Investment Policy with regard to the City's assets placed ·
under its management. An Investment Advisor can only be appointed after consultation with and
approval by the City Manager.
PRUDENCE
The standard of prudence to l>e used for managing the City's assets is the "ptudentinvestor" rule,
which states that a prudent investor "shall exercise the judgment and care , under the
circumstances then prevailing, which men ofprudence, discretion, and Intelligence exercise in the
management of the property of another, not in regard to speculation but in regard to the ·
permanent disposition of funds, considering the probable income as well as ttie probable safety of
capital." (CRS 1~-1-304, Standard for Investments.)
The City's overall investment program shall. be designed and managed with a degree of
professionalism that is worthy of the public trust. The City recognizes that no investment is totally
without risk and that the . investment activities of the City .are a matter of public record,
Accordingly, the City recognizes that occasional measured losses may occur in a diversified
portfolio. and shall be considered within the context of the portfolio's overall retl,rrn, provided that
adequate diversification has been implemented and thatttie sale of a security is in the best long-
term interest of the City.
The Director and other authorized persons acting in accordance with established procedures and
exercising due diligence shall be relieved of personal responsibility for an individual security's
credit risk or market price changes, provided deviations from expectations are reported in a timely
fashion to the City Council and appropriate action is taken . to control adverse deve.lopments .
ETHICS AND CONFLICTS OF INTEREST
All City employees involved in the investment process shall refrain from personal business activity
that could confllct with proper execution of the investment program, or which could impair their
ability to make impartial investment decisions. Employees and investment officials shall disclose
to the City Manager any material. fihancial interest ib financial institutions that conduct business
with the City, and they shall further disclose any large personal financial/investment positions that
could be related to the performance .of the City's portfolio. Employees shall subordinate their
personal investment transactions to these of the City particularly with regard to the timing of
purchases and sales ,
ELIGIBLE INVESTMENTS AND TRA.NS'ACTIONS
All investments will · be made in accordance with the Colorado Revised Statutes (CRS) as follows:
CHS 11-10.5-101, et seq __ Public Deposit Protection Act; CRS 11-47-101, et seq. Savings and
Loan Association Public Deposit Protection Act; CRS 24-75-601 , et seq. Funds-Legal
Investments: CRS 24-75-603, et seq. Depositories; and CRS 24-75-701, et seq. Local
governments --authority to pool surplus funds. Any revisions or extensions of these sections of
the CRS will be assumeq to be part of this Investment Policy immediately upon being enacted .
As a home rule City, Englewood may adopt a list of acceptable investment instruments differing
from those outlined in CRS 24-75-601, et seq. Funds-Legal Investments . Funds of the City of
Englewood covered by this Investment Policy may be invested in the following types of securities
and transactions :
1. U.S . Treasury Obligations: Treasury Bills, Treasury Notes and Treasury Bonds with maturities
not exceeding five years from the date of trade settlement.
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2. Treasury Strips (book-entry U.S. Treasury securities whose coupons have been removecl)
with maturities not exceeding five years from the date of trade settlement.
3. Federal Instrumentalities -Debentures, Discount Notes, Medium-Term Notes, Callable
Securities and Step-up Securities issued by the following only : Federal National Mortgage
Association (FNMA), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage
Corporation (FHLMC) and Federal Farm Credit Banks (FFCB), with maturities not exceeding
five years from the date of trade settlement. Subordinated debt may not be purchased.
4. Repurchase Agreements with a termination date .of 90 days or less utilizing U.S. Treasury and
Federal Instrumentality securities listed above, collateralized at a minimum market value of
102 percent of the dollar value of the transaction with the accrued interest accumulated on the
collateral included in the calculation.
Repurchase agreements shall be entered ihto only with dealers who:
a) are recognized as Primary Dealers by the Federal Reserve Bank of New York, or with
firms that have a primary dealer within their holding company structure; and
b) have executed a City approved Master Repurchase Agreement (see Appendix II). The
Director shall maintain a file of all executed Master Repurchase Agreements.
Collateral (purchased securities) shall . be held by the City's custodian bank as safekeeping
agent, and the market value of the collateral securities shall be marked-to-the-market daily.
For the purposes of this section, the term "collateral" shall mean "purchased securities" under
the terms of the City approved Master Repurchase Agreement. In no case will the maturity of
the collateral exceed 10 years.
5. Reverse Repurchase Agreements with a maturity of 90 days or less executed only against
securities owned by the City and collateralized by the same type of security reversed.
6. Flexible Repurchase Agreements with a final maturity of 1 O years or less entered into by the
City with approved counterparties. These flexible repurchase agreements may be closed out
in varying amounts and at varying times at the option of the City. These agreements are
deemed by both pariies to be purchases and sales of securities and are not loans.
All such flexible repurchase agreements shall meet the following criteria:
• Be determined as legal and valid for both parties;
• Collateral shall be limited to:
a) Securities issued by, guaranteed by, or for which the credit of any of the following is
pledged for payment: the United States, Federal Farm Credit Bank, Federal Land
Bank, Federal Home Loan Bank, Federal Home Loan Mortgage Corporation, federal
National Mortgage Association, Export Import Bank or the Government National
Mortgage Association; or
b) Securities issued by, guaranteed by, or for which the credit of the following is pledged
for payment: An entity or organization which is not listed in paragraph a) above, but
which is (1) created by, or the creation of which is authorized by, legislation enacted
by the United States Congress and which is subject to control by the federal
government which is at least as extensive as that which governs an entity or
organization listed in paragraph a) above, and (2) rated in its highest rating category
by one or more nationally recognized organizations which regularly rate such
obligations.
• Have a fixed rate during the entire life of the agreement;
• The dollar amounts and periods of time when the City may draw funds out of the
repurchase agreement shall be agreed upon in writing by both parties and shall be part of
the written repurchase agreement exercised by the City and the approved counterparty;
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• The City has the option of varying the dollar amount and the timing of the draw down by
an agreed upon percentage of the anticipated draw down and a specified number of days .
The City and the counterparty to the agreement will. specify the details of the allowable
variance when the agreement is structured. In addition, the City may draw down in
excess of the variance up to the remaining balance in the agreement for a bona fide,
unanticipated cash need ;
• Collateral shall have a minimum market value (ihcluding accrued interest accumulated) of
at least 102 percent of the dollar value of the tra11saction;
• Repurchase agreements shall be entered into only with dealers who are authorized by the
Director and have executed a City approved Master Repurchase Agreement;
• The Director shall maintain a fi le of all executed Master Repurchase Agreements;
• The title. to or a perfected security interest in securities, along with any necessary transfer
documents, must be transferred and actually delivered to, and shall be held by, the City's
third-party custodian bank acting as safekeeping agent. The market value of the
collateral securities shall be marked-to-the-market at least weekly based on the closing
bid price at the time the custodian for the . collateral issues its monthly statement to the
City.
For the purpose of the section , the term "collateral" shall mean "purchased securities" under
the terms of the City approved Master Repurchase Agreement. In no case will the maturity of
the collateral exceed 10 years.
7. Time Certificates of Deposit with a maximum maturity of five years or savings accounts in
state or national banks or state or federally chartered savings banks operating in Colorado
that are state approved depositories {as evidenced by a certificate issued by the State
Banking Board) and are insured by the FDIC . Certificates of deposit that exceed the FDJC
insured amount shall be collateralized in accordance with the Colorado Public Deposit
Protection Act The collateral shall have a market value equal to or exceeding 102 percent of
the difference between the insured amount and the City's total deposits for all funds within the
institution .
8. Money Market Mutual Ft.mds registered under the Investment Company Act of 1940 that: 1)
are "no-load" (i.e,: no commission or fee shall be charged on purchases or sales of shares);
2) have a constant net asset value per share of $1 .00 ; 3) li mit assets of the fund to s.ecurities
authorized by state statute; 4) have a maximum stated maturity and weighted average
maturity in accordance with Rule 2a-7 of the Investment Company Act of1940; and 5) have a
rat ing of AAAm by Standard and Poor's, Aaa by Moody's or APNV1 +by Fitch .
9. Local Government Investment Pools as authorized under CRS 24-75-702.
10 . Prime Bankers Acceptances, rated at least A-t by Standard & Poor's, P-1 by Moody's, or F1
by Fitch at the time of purchase by at least two services that rate them, with a maturity of six
months or less issued on domestic banks or branches of foreign banks domiciled in the U.S.
and operating under U.S. banking laws . Accepting banks must have a senior debt rating of
A2 by Moody's and A by Standard & Poor's.
11. Prime Commercial Paper with a maturity of 270 days or less which, at the time of purchase, is
rated at least A-1 by Standard & Poor's, P-1 by Moody's, or F-1 by Fitch .
a) At the time of purchase, the commercial paper must be rated by at least two of the
above stated rating agencies at the stated minimum rating.
b) If the commercial paper issuer has senior debt outstanding, the senior debt must be
rated at least A2 by Moody's, A by Standard and Poor's, or A by Fitch .
12. Corporate Bonds issued by a corporation or bank wlth a f inal maturity not exceeding three
years from the date of trade settlement, rated at least AA-by Standard & Poor's, Aa3 by
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Moody's, or AA-by Fitch at the time of purchase by at least two services. Authorized
corporate boncls shall be U.S. dollar denominatecj and issued by corporations organized and
operating within the United States. The City hereby further authorizes investments in dollar
denominated securities issued by a corporation or bank that is organized and operating within
Canada or Australia, not to exceed 10% per country at the time of purchase .
13 . General or Revenue obligations of any state in the United States or any political subdivision,
institution, or authority of such a government entity. Municipal bonds must be rated A-by
Standard & Poor's, A3 by Moody's, or A-by Fitch at the time of purchase by at least two
services if the issuer is located in Colorado. Municipal bonds must be rated AA-by Standard
& Poor's,. Aa3 by Moody's or AA-by Fitch at the time of purchase by at least two services if
the issuer is located outside the state of Colorado. The maximum maturity for municipal
bonds is five years.
Securities that have been downgraded below minimum ratings described herein may be sold or
held at the City's discretion. The portfolio will be brought back into compliance with Investment
Policy guidelines as soon as is practical.
OTHER INVESTMENTS
It is the intent of the City that the foregoing list of authorized securities be strictly interpreted. Any
deviation from this list must be pre-approved by the Director in writing after approval by the City
Manager.
INVESTMENT DIVERSIFICATION
It is the intent of the City to diversify the investment instruments within the portfolio to avoid
incurring unreasonable risks inherent in over investing in specific instruments, individual financial
institutions or maturities. The asset allocation in the portfolio should, however, be flexible
depending upon the outlook for the economy, the securities market, and the City's cash flow
needs.
The City may invest to the following maximum limits within each category:
• 50% in Certificates of Deposit
• 40% in Commercial Paper, 5% in any one issuer or its affiliates or subsidiaries
• 20% in Bankers Acceptances, 5% in any one issuer or its affiliates or subsidiaries
• 30% in Corporate Bonds; 5% in any one issuer or its affiliates or subsidiaries
• 30% in Municipal Bonds, 5% in any one issuer
The aggregate investment in Corporate Bonds, Commercial Paper, and Bankers Acceptances
shall not exceed 50% of the portfolio .
Tests for limitations on percentages of holdings apply to the composite of the entire portfolio of the
City, not to individual portfolios maintained by the City. Percentage limitations used for
measurements are based on the percentage of cost value of the portfolio at the time of purchase.
INVESTMENT MATURITY AND LIQUIDITY
Investments shall be limited to maturities not exceeding five years from the date of trade
settlement. In addition, the weighted average final maturity of the total portfolio shall at no time
exceed three years . ·
SELECTION OF BROKER/DEALERS.
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The Director shall maintain a list of broker/dealers approved for investment pllrposes (see
Appendix Ill), and it shall be the policy of the City to purchc:ise securities only from those
authorized firms.
To be eligible, a firm must meet at least one of the following criteria: .
1. be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a
primary dealer within their holding company structure,
2. report voluntarily to the Federal Reserve Bank of N~ York, .
3. qualify under Securities and Exchange Commission {SEC) Rule 15c-3 (Uniform Net Capital
Rule).
Broker/dealers will be selected by the Director on the basis of their expertise in public cash
management and their ability to provide service to the City's account. In the event that an external
investment advisor is not used in the process of recommending a particular transaction in the
C ity's portfolio, any authorized broker/dealer from whom a competitive bid is obtained for the
transaction will attest in writing that he/she has received a copy of this policy and shall submit and
annually update a City approved Broker/Dealer Information Request form which includes the.
firm's most recent financial statements,
The City may purchase. Commercial Paper from direct issuers even though they are not on the
approved list of broker/c;lealers as long as they meet the criteria outlined in Item 11 of the Eligible
Investments and Transactions section ofthis Investment Policy.
COMPETITIVE TRANSACTIONS
Each investment transaction shall be competitively transacted with authorized broker/dealers . At
least three btbker/dealers shall be contacted for each transaction and their bid ahd offering prices
shall be recorded.
If the City is offered a security for which there is no other readily available competitive offering,
then the Director will document quotations for comparable or alternative securities.
SELECTION OF BANKS AS DEPOSITORIES AND PROVIDERS OF GENERAL BANKING
SERVICES
The City shall maintain a list of banks 'approved to provide banking services or from whom the City
may purchase certificates of deposit. Banks in the judgment of the Director no longer offering
adequate safety to the City will be removed from the list. To be eligible for authorization, a bank
shall qualify as a depository of public funds in Colorado as defined in CRS 24•75-603.
SAFEKEEPING AND CUSTODY
The safekeeping and custody of securities owned by the City shall be mahageci in accordance
with applicable Federal and Colorado laws and regulations.
The Director shall approve one or more banks to provide safekeeping and custodial services for
the City. A City approved Safekeeping Agreement shall be executed with each custodian bank
prior to utilizing that bank's safekeeping services, To be eligible, a bank shall qualify as a
depository of public funds in the State of Colorado as defined in CRS 24-75-603 and be a Federal
Reserve member financial institution.
Custodian banks will be selected on the basis of their ability to · provide service to the City's
account and the competitive pricing of their safekeeping related services. The City's designated
custodian bank is set forth in Appendix IV of this Investment Policy .
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The purchase and sale of securities ;:ind repurchase agreement transactions shall be settled on a
delivery versus payment basis. Ownership of all securities shall be perfected in the name of the
City, and sufficient evidence. to title shall be consistent with modern investment, banking and
commercial practices.
All investments purchased by the City shall be delivered by book entry and will be held in third-
party safekeeping by the City's designated custodian bank or the Depository Trust Company
(OTC}.
All Fed wlreable. book entry securities owned by the City shall be evidenced by a safekeeping
receipt or a customer confirmation issued to the City by the custodian bank stating that the
securities are held in the Federal Reserve system in a Customer Account fort.he custodian bank
which will name the City as ''customer:·
All DTC eligible securities shall be held in the cu .stodian bank's Depository Trust Company (OTC)
participant account and the custbdian bank shall Issue a safekeeping receipt evidencing that the
securities are held for the City as "customer."
The City's custodian will be required to furnish the City with a monthly report of securities held as
well as.an account analysis report of monthly securities activity.
PROVISIONS .FOR ARBITRAGE
The City periodically issues debt obligations Which are subject to the provisions of the Tax Reform
Act of 1986 (section 148F), Arbitrage Rebate Regulations . Due to the legal complexities of
arbitrage law and the necessary immunization pf yield levels , the procedures undertaken in the
reinvestment of all or a portion of the proceeds o.f such debt issuance may extend beyond those
outlined in this Investment Policy. The Director, upon advice from Bond Counsel and financial
advisors, may alter provisions of this Investment Policy for arbitrage related investments as may
be necessary to conform with federal arbitrage regulations. In all cases, however, investments
will bet in compliance. with Colorado Revised Statutes. This section is only applicable to City funds
subject to arbitrage restrictions.
REPORTING
An investment report shall be prepared, at least on a monthly basis, listing the investments held
by the City, the current market valuation of the investments and performance results. The
monthly investment report shall be submitted in a timely manner to the City Manager and the City
Council. A record shall be maintained by the Department of Finance and Administrative Services
of all bids and offerings for securities transactions in order to ensure that the City receives
competitive pricing .
The City has established reporting and acco1.,Jnting standard.s for callable U.S. Instrumentality
securities. Callable securities may be retired at the issuer's option prior to the stated maximum
maturity. All securities holding reports for the City .shall disclose the. stated maturity as well as the
first call date of each callable security held .. In the case of callable securities which are purchased
priced to the first call date and , in the opinion of the Director, have an overwhelming. probability of
being called on the first call date, weighted average maturity, amortization as well as yield shall be
calculated using the first call date. The Director may, however, choose to use a further call date
maturity date for reporting purposes when conditions mandate.
PERFORMANCE REVIEW
The Director and the City Manager shall meet at least quarterly to review the portfolio's adherence
to appropriate risk levels and to compare the portfolio's total return to the established investment
objectives and goals .
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The Director shall period ically establish a benchmark yie ld for the City's investmehts which shall
be equal to the average yield on the U .S ; Treasury security which most closely corresponds to the
portfoliO's actual effective weighted average maturity. When comparing the performance of the
City's portfolio, an fees and expem;es involved with managing the portfolio should be included in
the computation of the portfolio's rate ofreturn ~
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POLICY REVISIONS
This Investment Policy will be reviewed periodically by the Director and may be amended as
conditions warrant by the City Manager and the City Council.
Prepared by:
/s/
Frank Gryglewicz
Director of Finance and Administrative
Services
Approved by City Council
September 17, 1990
Amended by City Council
December 16, 1991
Amended by City Council
April 5, 1993
Amended by City Council
June 20, 2005
Amended by City Council
November 3, 2008
Amended by City Council
February 18, 2012
State of Colorado, County of Arapahoe:
Prepared by:
Isl~~~~~~~~~~~~~~~
Kevin Engels
Accounting Manager
Amended by City Council
September 5, 1995
Amended by City Council
December 15, 1997
Amended by City Council
February 7 , 2000
Amended by City Council
October 16, 2006
Amended by City Council
October 3, 2011
Amende.d by City Council
February 19, 2013
I, Loucrjshia A Ellis, City Clerk in and for the City of Englewood, in the State aforesaid, do hereby
certify that the foregoing is a full, true and correct copy of the Investment Policy as the same
appears upon the records of my office which are in my custody.
Given under by hand and official seal, this __ .
Isl
Louctishia A. Ellis
City Clerk
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APPENDIX I
Authorized Personnel
The following persons are authorized to conduct investment transactions and wire transfer funds
on behalf of the City of Englewood:
Kevin Engels, Accounting Manager
Kathy Cassai, Accountant
Christine Hart, Accountant
Frank Gryglewicz, Direetor of Finance and Administrative Services
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APPENDIX II
Repurchase Agreements
The following firms have executed a City approved Master Repurchase Agreement with the City of
Englewood. ·
Banc of America Securities, LLC
Morgan Stanley OW Inc.
Agreements maintained in separate file.
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APPENDIX Ill
Authorized Broker/Dealers and Financial Institutions
The following firms are approved for investment purposes by the City of Englewood.
Barclays Capital
Citi group Global Markets, Inc.
Jefferies & Company, Inc.
J.P . Morgan Securities lnc.
Merrill Lynch, Pierce, Fenner & Smith Inc
Mizuho Securities USA Inc.
Morgan Stanley Smith Barney
Raymond James & Associates
RBC Capital Markets Corporation
UBS Financial Services Inc .
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APPENDIX IV
Designated Custodial Banks
The following bank is authorized as the designated custodial bank for the City of E:nglewood:
Wells Fargo Institutional Retirement and Trust
17 40 Broadway
MAC# C7300·105
Denver, C.0 8027 4
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EXHIBIT .B
FEE SCHEDULE
The Fee Schedule applicable to the Account is as follows:
Assets
Up to a:nd including the first $25 million
Amounts over $25 million
Annual Fee
10 basis points (.10%)
7 basis points (.07%)
The fees for investment advisory services will be charged monthly based on the average market value of the.
eash and securities in the Account (an average oflast month's ending market value and the current month's
ending market value). A pro rata portion of the annual fee . (1/12) is billed each month for which this
Agreement is in effect.
Monthly fees are based on the schedule outlined above, but at no time shall the monthly fee be less than
$2,,000 .
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject: Approval of Expense
Reduction Analysts
August 1, 2016 11cii agreement for Strategic
Procurement Services
Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of
Administrative Services
PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Finance and Administrative Services
Staff recommends Council approve the Agreement for Strategic Procurement
Consulting services provided by Expense Reduction Analysts to include review of the
City's procurements, recommendations for cost savings and assistance in achieving
those cost savings.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City has been procuring materials and services using City established policies and
procedures. Although these procedures provide competitive pricing through attainment
of quotes for purchases over $5,000 and uses Bid/RFP or Co-operative (group bid)
pricing for purchases over $25,000 for General Fund purposes and over $50,000 for
Enterprise purposes, the City leadership believes more aggressive measures can
provide additional savings.
Expense Reduction Analysts is a proven team in identifying savings using analytics and
'best practice' procurement methodology, applied to their clients existing purchasing
needs.
FINANCIAL IMPACT
The contract cost is contingent on Expense Reduction Analysts ability to obtain savings
for the City. The terms include sharing equally in the savings achieved for 24 months.
After the 24 months, 100% of the savings is retained by the City.
The Expense Reduction Analysts team is anticipating being able to identify $1,800,000
to $2,000,000 of total savings for the City. The City would enjoy $900,000 to
$1,000,000 of that savings the first 24 months and all of it thereafter.
LIST OF ATTACHMENTS
Expense Reduction Analysts contract for approval
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AGREEMENT
Between
Expense Reduction Analysts
And
City of Englewood, CO.
THIS AGREEMENT is entered into to be effective on June 28 111 , 2016 (the "Effective Date"), by and
between Expense Reduction Analysts (ERA), a for profit corporation, located at 16479 N. Dallas
Parkway Suite 240, Addison, TX, 75001 with offices located at 333 W. Hampden Ave, Suite 750,
Englewood, CO 80110, hereinafter referred to as "ERA" and the City of Englewood, a municipality in
the State of Colorado, located at 1000 Englewood Parkway, Englewood, CO, 80110, hereinafter
referred to as the "CITY." ERA and the CITY are at times individually referred to herein as a "party" or
collectively as the "parties."
BACKGROUND:
Expense Reduction Analysts has been finding hidden savings in overhead expenses for 24 years. ERA
was contacted by CITY with the collective goal of finding budget neutral cost savings and cost
containment.
WHER.cA~ CiTY will work in a coopefative manner with ERA to allow access to all info rmation
pertaining to the contract categories identified in ERA's Engagement Letter dated June 28, 2016.
WHEREAS ERA hopes to find maximum savings for a minimum of two years without impact to current
level of service or use as specified in their Engagement Letter dated June 28, 2016.
WHEREAS ERA Engagement letter dated June 28, 2016 is hereby incorporated into this agreement.
NOW THEREFORE for good and valuable consideration, the receipt of which is hereby acknowledged,
the parties agree as follows:
Part I. Term of Agreement:
If ERA delivers a successful recommendation(s) to CITY, CITY agrees to implement it or one of them
within 30 days of presentation, unless otherwise agreed to in writing. Upon execution of a successful
recommendation, ERA and CITY agree to share in the savings over a 24 month period. After the
conclusion of the 24 month period, the term of this agreement is fulfilled and the agreement ends
unless otherwise agreed to in writing. After the conclusion of the 24 month period, CITY retains 100%
of any savings. If no acceptable recommendation(s) is/are implemented the term ends and there is not
further obligation to ERA by CITY either financially or otherwise.
Part II. CITY Will Provide the Following:
CITY will comply with the "Client Obligations" of ERA's engagement letter, June 28, 2016.
Part Ill. ERA Will Provide the Following:
The highest quality of service to deliver a successful recommendation for the categories listed in their
engagement letter dated June 28 , 2016 .
Part IV. Special Provisions:
PAYMENT
Payment by Electronic Funds Transfer
(a) Method of payment.
(1) All payments by CITY under this contract shall be made by direct deposit using
electronic funds transfer (EFn except as provided in paragraph (a)(2). The term "EFT'' refers to
the funds transfer and may also include the payment information transfer. The term "Contractor"
is understood to mean 'Vendor" as indicated on CITY 11 Direct Deposit Form (see j)
(2) In the event CITY is unable to release one or more payments by EFT, the Contractor
agrees to either
(i) Accept payment by check or some other mutually agreeable method of
payment; or
(ii) Request CITY to extend payment due dates until such time as CITY makes
payment by EFT.
(b) Submission of Contractor's EFT information.
(1) The Contractor is required to provide CITY with the information required to make
payment by EFT (see paragraph U)). The Contractor shall provide this information directly to the
designated payment office (see paragraph (k)). In the event that the EFT information changes
the Contractor shall be responsible for providing the updated information to the designated
office.
(2) EFT information supplied to CITY shall be applicable only to contracts that identify
CITY as the payment office.
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(c) Mechanisms for EFT payment. CITY may make payments directly through electronic means
to the indicated financial account provided by the vendor. •
(d) Suspension of payment.
(1) CITY is not required to make any payment under this contract until after receipt, by
the designated CITY payment office, of the correct EFT payment information from the
Contractor. Until receipt of the correct EFT information, any invoice or contract financing request
shall be deemed not to be a proper invoice for the purpose of prompt payment under this
contract.
(2) If the EFT information changes after submission of correct EFT information, CITY
shall begin using the changed EFT information no later than 30 days after its receipt by the
designated office to the extent payment is made by EFT . However, the Contractor may request
that no further payments be made until the updated EFT information is implemented by the
payment office. If such suspension would result in a late payment under the prompt payment
terms of this contract, the Contractor's request for suspension shall extend the due date for
payment by the number of days of the suspension.
(e) Liability for uncompleted or erroneous transfers .
(1) If an uncompleted or erroneous transfer occurs because CITY used the Contractor's
EFT information incorrectly, CITY remains responsible for
(i) Making a correct payment; and
(ii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT
information was incorrect, or was revised within 30 days of CITY release of the EFT
payment transaction instruction to the Federal Reserve System, and
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(i) If the funds are no longer under the control of the payment office, CITY is
deemed to have made payment and the Contractor is responsible for recovery of any
erroneously directed funds ; or
(ii) If the funds remain under the control of the payment office, CITY shall not
make payment and the provisions of paragraph (d) shall apply .
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely
manner in accordance with the prompt payment requirements if, in the EFT payment transaction
instruction released to the Federal Reserve System , the date specified for settlement of the payment is
on or before the prompt payment due date , provided the specified payment date is a valid date under
the rules ofthe Federal Reserve System .
(g) EFT and assignment of claims . If the Contractor assigns the proceeds of this contract as
provided for in the assignment of claims terms of this contract, the Contractor shall require as a
condition of any such assignment, that the assignee shall provide the EFT information required by
paragraph U) to the designated office, and shall be paid by EFT in accordance with the terms provided
herein. In all respects , the requirements shall apply to the assignee as if it were the Contractor. EFT
information that shows the ultimate recipient of the transfer to be other than the Contractor, in the
absence of a proper assignment of claims acceptable to CITY , is incorrect EFT information within the
meaning of paragraph (d).
(h) Liability for change of EFT information by financial agent. CITY is not liable for errors
resulting from changes to EFT information provided by the Contractor's financial agent.
(i) Payment information. Payment information will be provided via e-mail to the designated e-
maii acdrass provided by the Contractor.
(j) EFT information. The Contractor shall complete the required information regarding the
financial institution and account and obtain the signature of an authorized agent on a CITY Direct
Deposit Form which can be obtained from the Contracting Officer of the Designated Payment Office .
The completed form may be returned by mail or facsimile to the Designated Payment Office.
(k) The Designated Payment Office for this contract is : City of Englewood , Accounts Payable
Department 1000 Englewood Parkway, Englewood , CO 8011 O:
INSURANCE
The contractor shall maintain the below minimum insurance coverage during the performance of this
contract.
The contractor is advised that in performance of this contract it is understood that all forms and levels of
insurance coverage required by law to protect workers and property, assure contract performance and
address anticipated liability and risk shall be retained . It is the sole responsibility of the contractor to
comply with requirements of law and elect any additional coverage as appropriate .
The list of requirements identified below is not intended to eliminate or minimize coverage requirements
but rather to establish minimum coverage levels based on the coverage retained by CITY. The
Contracting Officer shall be notified if the contractor does not possess the minimum levels . A Certificate
of Insurance must be submitted to CITY before starting work on site naming City of Englewood as
additional insured unless otherwise agreed to by the parties . Insurance Certificates must show
coverage of all checked insurance requirements and must provide coverage until final completion of the
contract. If the expiration date of the insurance certificate is prior to final completion, the Contractor
shall provide a new certificate of insurance prior to 30 days from the expiration of the current policy .
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Professional Liability Insurance -coverage part aggregate limit each occurrence $2,000,000.
Comprehensive General Liability Insurance -covering Bodily Injury of at least $1,000,000/person,
$1,000,000/ accident; and $1 ,000,000/Property Damage.
Any labor hour, level of effort or cost reimbursement agreement may be subject to an audit. CITY
contracting officer, CITY auditor or an independent auditor funded by CITY may perform the audit. CITY
understands that Expense Reduction Analysts does not charge by the hour and does not track labor by
the hour
Part V. General Provisions:
Employer-Employee Relationship The Provider is not an employee of CITY and is not covered by
Workers' Compensation, group life , accident or health insurance, and other benefits associated with an
employer-employee relationship.
Illegal Aliens (Public Contracts for Services
If Contractor has any employees or subcontractors, Contractor shall comply with§ 8-17 .5, C.R.S .
regarding Illegal Aliens Public Contracts for Services , and this section of this Agreement. Per 8 17.5-
102 of this section the:
A. Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under this Agreement ; or
(ii) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor
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shall not knowingly employ or contract with an illegal alien to perform work under this Agreement for •
public services .
B. Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are
newly hired for employment in the United States through participation in the "Basic Pilot Program" and,
if Contractor is not accepted into the Basic Pilot Program prior to entering into a public contract for
services , that the Contractor shall apply to participate in the Basic Pilot Program every three months
until Contractor is accepted or this Agreement or the public contract for services has been completed,
whichever is earlier. The "Basic Pilot Program" is the Basic Pilot Employment Verification Program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108 the
Congress , as amended , that is administered by the United States Department of Homeland Security .
The application is currently on line at https:llwww.visdhs .com1EmployerRegistration.
This provision shall not be required or effective in a public contract for services if the Basic Pilot
Program is discontinued.
C. Contractor shall not use Basic Pilot Program procedures to undertake pre-employment
screening ofjob applicants while this Agreement is in effect.
D . lf Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts w ith an illegal alien , Contractor shall :
(i) Notify the subcontractor and CITY within three days that Contractor has actual knowledge that
the subcontractor is employing or contracting with an illegal alien ; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice
under D(i), the subcontractor does not stop employing or contracting with the illegal alien. However, the
Contractor shall not term inate the contract with the subcontractor if during this three day period the
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subcontractor provides information which establishes that the subcontractor has not knowingly
employed or contracted with an illegal alien .
E. Contractor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is undertaking pursuant to the
authority established in §8-17.5-1 02(5), C.R.S .
F. If Contractor violates this provision, CITY may terminate the Agreement for a breach of
contract. If the Agreement is terminated, the Contractor shall be liable for actual and consequential
damages.
G. CITY will notify the Office of the Secretary of State if Contractor violates this provision of this
Agreement and the County terminates the Agreement for such breach.
H. The Contractor's signature on this contract serves as certification that, as of the date of
signature, the Contractor does not knowingly employ or contract with illegal alien and that the
Contractor has participated or attempted to participate in the Basic Pilot Program in order to confirm the
employment eligibility of all employees who are newly hired for employment in the United States.
Hold and Save Harmless
The Provider agrees to indemnify, save harmless, and defend CITY from and against any and all
claims, demands, actions, debts, liabilities, and attorney's fees arising out of, claimed on account of, or
in any manner predicated on loss of or damage to the property of, and injuries to or death of any and all
persons whatsoever, in any manner caused or contributed to by the Provider, his or her agents,
ser .. ·an ts.~.:>r employees. Pro vi der further agrees to indemnify and save harmless CITY from and on ·
account of damages of any kind, which CITY may suffer as the result of the acts of any Provider's
agents, servants, or employees .
Licenses, Taxes, Permits, and Fees
The Provider is fully cognizant that this contract is a contract for services and that an employee
employer relationship does not exist between the Provider and E. Therefore, it is the Provider's
responsibility to obtain, at its own expense, all licenses and permits, and to pay all applicable taxes and
fees, in the execution of the terms of this contract, including but not limited to excise tax, federal and
state and local income taxes, payroll and withholding taxes, unemployment taxes , and workers'
compensation payments for its employees, and shall indemnify and hold CITY harmless for all claims
arising under such taxes and fees.
Nonexclusive Agreement
It is expressly understood and agreed that this Agreement does not grant to the Provider any exclusive
privileges or rights and CITY may contract with other contractor(s) for the procurement of comparable
services, except that CITY agrees not to contract other cost reduction consultants to review the same
expense categories that ERA is contracted for in the List of Project Engagements listed in the ERA
Engagement letter, from the date of this contract and throughout the Review Period. CITY makes no
commitment for any minimum or maximum amount of purchases of services hereunder except as
otherwise set forth in this Agreement.
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Nondisclosure of Confidential lnfonnation
Confidential information from either party is subject to the Colorado Open Records Act, C.R.S, 24-72-
201 et. seq. In the event that a Disclosing Party receives an Open Records request, the Disclosing
Party shall notify the other party to this Agreement of such request, to allow the Party to file any
necessary responses to said request.
If a party to this agreement requires confidential information from the other party in the performance of
this agreement, the party receiving the Confidential Information agrees as follows:
1. To maintain and use the Confidential Information only for the purposes of this Agreement and only as
permitted herein. To only make copies as specifically authorized and with the same confidential or
proprietary notices as are on the original.
2. To restrict access and disclosure of Confidential Information to their employees, agents and
contractors who have a "need to know," and who agree to maintain confidentiality according to this
provision .
3. To treat Confidential Information as confidential for a period of five (5) years from the effective date
of receipt.
Confidential Information shall at all times remain the property of the disclosing party. Upon request,
Confidential Information shall be returned or certified destroyed to the disclosing party within thirty (30)
days from termination or expiration of this Agreement.
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Except as may be required by applicable law, regulations, iegal or agency order, demand or process,
neither party shall disclose to a third party any Confidential Information without the prior written consent
of the other party . The obligations of this provision shall be satisfied by handling Confidential
Information with the same degree of care which the receiving party applies to its own similar •
confidential information but in no event less than reasonable care .
Changes
The Contracting Officer, at any time, by written order, may make additions to the services to be
performed by this contract, issue additional instructions, require modified or additional work or services
within the general scope of the contract, or vary the amount of CITY-furnished property . If any of said
changes cause any increase or decrease in the cost of, or in the time required for, performance of this
contract, an equitable adjustment will be made in the contract price or term of performance, or both,
and the contract will be modified in writing accordingly. Any claim by the Provider for adjustment under
this clause must be asserted within thirty calendar days from the date of receipt by the Provider of the
notification of changes provided, however, that the Contracting Officer, if he or she decides that the
facts justify such action, may receive and act on any such claim asserted at any time prior to final
payment under this contract. Failure to agree to any adjustment will be a dispute concerning a question
of fact within the meaning of the clause of this contract titled "Disputes." However , nothing in this clause
excuses the Provider from proceeding with the contract as changed, and it is limited to proceeding with
its appeal pursuant to the provision titled "Disputes ."
Payment Rates
Payment for services performed by the Provider, as set forth in this Contract, will be made at the rates
prescribed hereto, upon submission by the Provider of proper invoices to CITY designated herein and
at the time provided for herein.
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Disputes
This agreement and Engagement Letter are governed by the laws of the State of Colorado. This
contract is subject to the Contract Disputes under Colorado Revised Statutes (CRS) Title 24 Article
109; but, only to the extent provisions from such statutes are specifically cited herein and within CITY
Contract Regulation (DAR) Part 7. Except as provided in the CRS, all disputes arising under or relating
to this contract shall be resolved under this clause . "Claim," as used in this clause, means a written
demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment
of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising
under or relating to this contract. A claim arising under a contract, unlike a claim relating to that
contract, is a claim that can be resolved under a contract clause that provides for the relief sought by
the claimant. However, a written demand or written assertion by the Contractor seeking the payment of
money exceeding $50,000 is not a claim until certified as required by this clause, A voucher, invoice, or
other routine request for payment that is not in dispute when submitted is not a claim, The submission
may be converted to a claim, by complying with the submission and certification requirements of this
clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time . A claim
by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within
six months after accrual of the claim to the Contracting Officer for a written decision. A claim by CITY
against the Contractor shall be subject to a written decision by the Contracting Officer. The contractor
shall provide the certification specified in this clause when submitting any claim exceeding $50,000.
The certification requirement does not apply to issues in controversy that have not been submitted as
a!! o~ pe~~:C~ 3 , claim The r;;9 rtificat!or. shall st:;1te as follows: "I certify that the·cleim is made -!n good ·
faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that
the amount requested accurately reflects the contract adjustment for which the Contractor believes
CITY is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." The
certification may be executed by any person duly authorized to bind the Contractor with respect to the
claim. For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in \\'frting by
the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over
$50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the
date by which the decision will be made. The Contracting Officer's decision shall be final unless the
Contractor appeals to the Head of the Purchasing Agency or Executive Director, or files a suit as
provided in the CRS. As defined in CRS 24-101-301: The Head of the Purchasing Agency is the Deputy
Superintendent/Chief Financial Officer; The Executive Director is the Superintendent. If the claim by the
Contractor is submitted to the Contracting Officer or a claim by CITY is presented to the Contractor, the
parties, agree first to attempt to resolve the dispute through alternative dispute resolution (ADR), as
defined in DAR 7.201. The parties agree not to discuss any dispute(s) with the press/media during the
resolution process . Interest will be computed in accordance with CRS 24-109 301, except interest shall
be calculated at a rate of eight percent. The Contractor shall proceed diligently with performance of this
contract, pending final resolution of any request for relief, claim, appeal, or action arising under or
relating to the contract, and comply with any decision of the Contracting Officer.
Immunities
CITY retains all of its rights and immunities under the Colorado Governmental Immunity Act, Section
24-10-101, et seq., C.R.S . This Agreement shall not be construed to create any right or benefit for any
person who is not a party to this Agreement. The relationship between CITY and the Provider is
contractual. It is not intended in any way to create a legal agency, partnership, joint venture or
employment relationship. The Provider shall at all times maintain its independent status and both
7
parties acknowledge that neither is an agent, partner, joint venture or employee of the other for any
purpose.
Termination/Revocation
The parties may terminate this Agreement, or any portion or portions thereof, upon sending a thirty (30)
day written notification containing the reasons for the termination, the effective date, and, in the case of
partial termination, the portion to be terminated, to the other party. In the case of partial termination, if
the City determines that a partial termination will significantly reduce the value, the need or the efficacy
of the remaining portion of the work or will not accomplish the intended purpose of the work, for which
the Agreement was made, the City may subsequently terminate the Contractor's performance of the
remaining services or work. Written notification shall be sent to the other party by certified mail, return
receipt requested, and shall be deemed effectively given ten (10) days after the date of mailing. In the
event of termination, the City shall be obligated to pay the Contractor only for services rendered up to
the effective date of termination . In addition, the District may terminate this Agreement immediately
without prior notice if any of the following occurs:
a) If the Contractor commits an act of fraud, dishonesty, or any other act of negligent, reckless
or willful misconduct in providing services to the City;
b) If any contract by the City with any third party on which this Agreement substantially depends
is terminated or the City is unable for any other reason to provide services for to the
party/parties to that contract; or
~~'f eny circumstance beyond the City 's control , l!1cluding. but not limited to finan cia ! ccn~traints
imposed by action of the legislature or Governor of the State of Colorado, prevents it from
providing services or otherwise hinders, delays or prevents the City from receiving revenue or
•
income or increases its overhead to an extent the City reasonably decides to reduce or modify •
its operations .
d) In case of a partial termination or suspension, because the Contractor failed to correct work
within the specified timeframe based on the reason(s) stated in the written notification of
termination, the City may take any or all of the following actions:
i. Temporari ly withhold payments pending the correction of the work or services by the
Contractor identified as nonconforming by the City.
ii. Reduce the payment of the funds by any percentage or amount that is less than the
total amount of compensation provided in this Agreement if any work or activity the
Contractor has performed does not conform to the work or services this Agreement
requires.
iii. Stop the performance of any further work the Contractor would have performed under
this Agreement.
e) Upon termination of the ('.greement by City pursuant to this Termination/Revocation Section,
the Contractor will not have any claim against City by reason of, or arising out of, incidental or
relating to termination, except for compensation for work satisfactorily performed as described in
the Agreement. In the event that this Agreement is terminated prior to the expiration date,
Contractor will submit any and all outstanding reports and information requested by the City
within ninety (90) days from the date of early termination .
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Termination for Cause
If either party is in default under this contract, it shall have an opportunity to cure the default within 1 O
days after it is given written notice of default by the other party , specifying the nature of the default. If
the default is not cured within 1 O days after notice of default has been given; the non-defaulting party
shall have the right , in addition to all other remedies at law or equity, to immediately terminate this
contract. Failure to complain of any action, non-action or default under this Agreement shall not
constitute a waiver of any of the parties' rights hereunder. CITY may terminate this contract, or any part
hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with
any contract terms and conditions, or fails to provide CITY, upon request, with adequate assurances of
future performance. In the event of termination for cause, CITY shall not be liable to the Contractor for
any amount for supplies or services not accepted, and the Contractor shall be liable to CITY for any
and all rights and remedies provided by law . If it is determined that CITY improperly terminated this
contract for default, such termination shall be deemed a termination for convenience .
Execution of Contract
This contract contains the entire understanding of the parties and supersedes all prior understandings,
agreements, or representations by or between the parties, whether oral or written, which in any way
relate to the subject matter of this agreement. Execution of this contract constitutes a representation by
the Provider that to the best of the Provider's knowledge no conflict of interest exists between CITY
representatives and the Provider or its employees and agents.
;-.
9
IN WITNESS WHEREOF , the undersigned agree to be bound by the terms and conditions of this
Agreement.
City of Englewood
Name:
Title :
Date: ______ _
City of Englewood
Name:
Title :
Date: ______ _
1 Exhibit:
Expense Reduction Analysts
Pat Adams
Director
Date:
A. ERA Engagement Letter, June 28, 2016 (4 pages}
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ENGAGEMENT LETTER
June 28, 2016
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
Dear City of Englewood,
(/ Expense Reduction
Analysts
Pat Adams, Director
Expense Reduction Analysts
Chase Bank Tower
333 W. Hampden Ave. Suite 750
Englewood, CO 80110
Phone (208) 771-0082
padams@expensereduction.com
www .expensereduction.com
Thank you for engaging Expense Reduction Analysts (ERA) to review specific overhead expenses for
the City of Englewood, (CITY or Client). ERA's goal is to optimize the value you receive for your
expenditures. While we will focus initially on securing better pricing among like-for-like offers, we may
also recommend changes in procurement methodologies or processes in order to deliver additional
incremental savings.
For many of our clients this agreement represents their first contingency based consulting
engagement. There are four areas we would like to emphasize as they differ from traditional, time and
material based consulting projects.
1. CITY acknowledges that ERA provides a No Savings-No Fee opportunity to CITY in consideration of
CITY allowing ERA the opportunity to present a Successful Recommendation(s).
2. While ERA is engaged on a Project, CITY agrees not to duplicate, alter or hinder ERA's efforts
during the term of the Review Period . CITY agrees that all savings in the expense categories under
review, regardless of the source of those savings, are subject to ERA fees .
3. Together, we agree that our objective is to implement savings based on a Successful
Recommendation. It is important, in this context, that the Successful Recommendation be well
defined; paragraph 7 in the attached Terms and Conditions expands on this definition. Essentially,
a Successful Recommendation is one that generates savings secured from existing suppliers, or
savings secured from new suppliers as long as CITY agrees that they can provide the same or
higher quality of goods/services and that the savings meet or exceed a pre-agreed upon
threshold.
4. If ERA delivers a Successful Recommendation(s) to CITY, CITY agrees to implement it or one of
them within 30 days of presentation, unless otherwise agreed to in writing. Upon execution of a
Successful Recommendation, ERA and CITY agree to share in the Savings on a 50/50 basis over
the 24-month Review Period. Because we will approach your spending with a long-term view,
savings are typically sustainable under watchful management well beyond the 24-month period.
After the conclusion of the 24-month period, CITY retains 100% of those savings .
ERA is dedicated to providing CITY with the highest quality of service, and we look forward to working
with you on a successful expense reduction Project. By executing this Engagement Letter, which
includes the attached Terms and Conditions, CITY retains ERA to perform the designated Projects and
ERA accepts the engagement on these terms.
Date
City of Englewood, CO
Date
City of Englewood, CO
Engagement Letter/ Terms and Conditions -City of Englewood E~ crTY __ Page 1 of4
;J.1 Expense Reduction
Analysts
TERMS AND CONDITIONS
Definitions
1. Project refers to one assignment In one expense category.
2. Project Engagement refers to the engagement of ERA by CITY. By signing the Engagement Letter, CITY
agrees to permit ERA to complete the Projects identified in the List of Project Engagements.
3. Minimum Savings Required to Implement (MSRI) is the minimum savings required from a new supplier
that provides goods and/or services of equal or greater quality. The MSRI for each Project Engagement Is
Identified In the List of Project Engagements. No MSRI is deemed as no minimum savings requirement from a
new supplier.
4. Review Period is from the date of this Agreement through the 24-months following full implementation of an
ERA recommendation.
5. Baseline Report details the current service levels, procurement methodologies/processes and prices paid for
and/or cost of the goods or services under review. These prices and service levels will be used as the baseline
for calculating subsequent savings. Where industry-wide price variations occur following commencement, it will
be assumed the same percentage variation would have occurred under the pre-existing supply arrangement
and the Baseline Costs will be adjusted accordingly. The Baseline Report is created from data provided by the
client or current supplier(s).
6. Recommendation Report highlights potential Savings against the baseline costs of the incumbent suppliers. It
may also highlight other savings opportunities.
7. Successful Recommendation. A Successful Recommendation Is one that:
a. provides savings, credits or rebates from your Incumbent suppliers, and/or
b. provides savings equal to or in excess of the MSRI from a new supplier that provides goods and/or services
of equal or greater quality, and/or
c. Is Implemented regardless of the percentage savings, and/or
d. provides savings realized from approved changes In methodologies or processes.
If none of the recommendations in the Recommendation Report meets the criteria for being a Successful
Recommendation and the CITY does not implement any of the recommendations or achieve savings from the
information in the report, then no fee will be charged for the review. If the CITY chooses to implement a
recommendation that does not meet the criteria for being a Successful Recommendation, or achieves savings
from the information In the report, ERA Is entitled to Its fee on the savings.
8. Savings are direct or indirect reductions in expenditure, calculated as follows:
' a. th" Jifference between the baseline prices as of the date of chis Agreem~nt and the prices tne CITY
subsequently receives. Where industry-wide price variations occur following commencement, it will be
assumed the same percentage variation would have occurred under the pre-existing supply arrangement
and the Baseline Costs will be adjusted accordingly, and
b. any credit/rebate identified by ERA, and
c. any actual savings implemented by or on behalf of the CITY.
Expense Reduction Analysts' Ob!iaations
9. Integrity -When in the CITY's best interest, ERA may use the specialized services of an ERA affiliated
company to maximize the return to our CITY. ERA and its affiliates will not accept fees or other consideration
from suppliers, or act in the capacity of an agent or broker for suppliers.
10. Confidentiality and Conduct -ERA and its affiliates will respect the confidentiality of all information marked
as such that is disclosed by the CITY during the Project, and will not use or disclose to any entity such
information without the prior written consent of the CITY. ERA will provide the CITY with professional and
ethical service.
11. Supplier Selection -ERA will respect the relationship between the CITY and its existing suppliers and, unless
instructed otherwise, will include existing supplier(s) in the bid process. Prior to going to market, ERA will
submit to the CITY for its approval a list of all suppliers to be included In the bid process.
CITY Obligations
12. No Duplication of Effort -During the Review Period, the CITY agrees that the expense categories for each
Project that ERA reviews are not currently being examined internally by staff or externally by others, and the
CITY will not in any way duplicate the work of ERA. CITY will not solicit any offers from suppliers and will refer
all unsolicited Inquiries or offers from suppliers to ERA for evaluation and inclusion in ERA's analysis.
13. Action -Pricing provided by suppliers In response to Requests for Proposals is generally time limited,
therefore, the CITY will authorize implementation of at least one of the recommendations within 30 days of
submission of a Successful Recommendation, unless otherwise agreed to in writing.
14. Engagement -The CITY agrees that ERA has been engaged to complete all stages of each Project up to
submission of the Recommendation Report and, potentially, through Project implementation. The CITY will
provide reasonable assistance to facilitate ERA's efforts.
15. Continuity and Access -CITY will provide ERA with prompt access to relevant personnel and records
requested for the purpose of acquiring information, calculating any savings and/or fees or presenting Baseline
Reports, Recommendation Reports or Post-Implementation Reports.
16. Confidentiality -CITY will treat all ERA systems, methods, intellectual property and reports as confidential,
and will not use the information gained for any other party, including affiliated organizations, without the
written consent of ERA and payment of any applicable fees for Savings realized by the other party. CITY
acknowledges and agrees that all ERA contracts and reports contain proprietary information and trade secrets
and are therefore exempt from disclosure under any Freedom of Information Act request.
Engagement Letter I Terms and Conditions -City of Englewood E~ Cll'Y __ Page 2 of 4
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~ Expense Reduction
Analysts
Documents generated under this Engagement Letter and Agreement are subject to the Colorado Open Records
Act, C.R.S, 24-72-201 et. seq. In the event that a Disclosing Party receives an Open Records request, the
Disclosing Party shall notify the other party to this Agreement of such request, to allow the Party to file any
necessary responses to said request.
17. Misuse of Information -CITY will not use the information or services provided by ERA in any way other than
to implement a Successful Recommendation. Any use of the information or services provided by ERA to attempt
to effect any saving, for the CITY, affiliated organizations or any third party, is subject to payment of ERA's
fees . CITY specifically acknowledges that it is a misuse of information to either (a) attempt to implement
savings for CITY or any third party without paying ERA's full Fees and (b) to provide the contents of any ERA
report to any Incumbent or outside suppliers or brokers .
ERA Fees
18. Contingency Fee Payment -CITY agrees to pay ERA 50% of the actual Savings for the Review Period.
a. On presentation of a Recommendation Report containing at least one Successful Recommendation, CITY
will be invoiced for ten percent (10%) of the total projected savings for the Review Period. This payment is
to be capped at $25,000 .
b. Upon implementation of Savings, CITY will be Invoiced for ten percent (10%) of the total projected savings
for the Review Period. This payment is to be capped at $25,000 .
c. The balance will be invoiced monthly over the duration of the Review Period. The payments made in 18a
and 18b above will offset the monthly Invoices on a pro-rata basis for the duration of the Review Period.
d. ERA will invoice CITY for any credits or rebates Immediately following the receipt of such rebate or credit by
the CITY.
e. The CITY and ERA have no right of off-set between Projects.
19. Payment terms -CITY will pay ERA within 30 days of receipt of invoice. ERA reserves the right to add one
percent (1 %) interest per month on all invoices unpaid after 30 days .
20. Contract Termination -The CITY and ERA enter into this agreement In good faith and with the final objective
being the presentation of a Successful Recommendation Report . The CITY may find it necessary to cancel the
Project Engagement. In such cases, ERA will be entitled to compensation for the work already undertaken.
Consequently, should the CilY cancel a Project Engagement;
a. prior to the presentation of the Baseline Report, CITY agrees to pay ERA five percent (5%) of the annual
spend as documented In the List of Project Engagements.
b. after the presentation of the Baseline Report but prior to the presentation of the Recommendation Report,
":~' .. CITY J;ree-s tc pay ERA te:i pe ;.::en t (10%) ::if t he annual spend as documented in the· Base l!:l<: R:e p;;rt.
c. after the presentation of a Successful Recommendat ion, CITY agrees to pay ERA 50% of the projected
Savings as set out in the Recommendation Report for the unbilled remainder of the Review Period.
CITY'S failure to undertake the action defined in paragraph 13 is deemed an effective terminatlon of the Project
and shall entitle ERA to immediate payment of 50% of the total projected average savings for Successful
Recommendations as set out in the Recommendation Report for the Review Period.
All termination fees shall be invoiced and are due to ERA upon receipt.
General Provisions
21. Intellectual property -ERA retains all Intellectual property In the copyright of all reports submitted to the
CITY for consideratlon, and the CITY agrees not to disclose any content to any third party or reproduce any part
of the report without ERA's prior written consent. Each report remains the property of ERA until Project
Implementation and will be returned to ERA immediately in the event recommendations are not Implemented.
22 . Severablllty -Each provision of this Engagement Letter is severable. If any of its provisions is deemed invalid
or In conflict with any existing or future law, that provision will not affect the validity of the remaining
provisions. Invalid provisions will be considered stricken .from this agreement.
23. Breach of this Agreement by ERA -In the event that ERA is in material breach of this Agreement and falls to
remedy such breach within 30 days after receiving written notice of it, the CITY may serve a notice of
termination. In that event, the CITY will still be required to pay all Invoices for savings already realized from a
Successful Recommendation . The amount of any liability for negligence or breach of contract by ERA shall be
limited to a sum equal to the value of any post termination Savings.
24. Breach of this Agreement by the CITY -Any breach of paragraphs 12-18 by the CITY will be viewed as a
material breach of this Agreement . In the event of a material breach by the CITY , ERA has the right to cancel
the Project and collect termination fees as outlined in paragraph 20.
25. Agreement Binding on Successors or Assigns -The merger or consolidation of one party or any other
transaction or series of related transactions transferring all or substantially all of the business assets, stock or
control of a party shall be deemed an assignment that does not require prior written consent by the other party,
but shall not modify, supplement or terminate the rights or obligations of the parties hereunder. The provisions
of this Agreement shall be binding upon and shall Inure to the benefit of the successors and assigns of the
respective parties hereto, including without limitation any partnerships, corporations or other entities In which
the parties hereto may have a controlling interest or position .
26. Cost of Collection -Should ERA have to take any action to collect its fees due under this Agreement, CilY
shall be liable for all such fees for collection, including reasonable attorneys' fees.
27. Representation on Authority of Parties/Signatories -Each person signing this Engagement Letter
represents and warrants that he/she is duly authorized and has the legal capacity to execute and deliver this
Agreement.
Engagement Letter/ Terms and Conditions -City of Englewood E~CITY_ Page 3 of 4
List of Proiect Engagements
Expense Category Annual
Spend
Medical Insurance $4,600,000
Utilities and Energy $3,600,00
Consumables/Supplies $3,500,000
Chemicals $1,000,000
Lab Supplies $1,000,000
Fleet Management $1,000,000
P&L Risk Management $800,000
Insurance: Worker's Comp $700,000
Insurance -Other $700,000
Landscape $400,000
Telecom $300,000
Clothing/Uniform $200,000
Copier/Printing $175,000
Office Supply $168,000
Wireless Services $100,000
Bank Fees/Services TBD
Records Management TBD
Waste Management TBD
Payroll Processing Fees TBD
Contract Labor TBD
Investment/Retirement TBD
Ad min
IT TBD
e-Payables TBD
Merchant Card Fees TBD
Minimum
Savings $ or %
(MSRI)
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~Expense Reduction
Analysts
Engagement Expected CITY's ERA'S
Date Savings Initials Initials
Range
0-30%
0-10%
0-30%
0-20%
0-20%
0-30%
0-30%
0-20%
'
0-20%
0-20%
Engagement Letter I Terms and Conditions -City of Englewood E~ CITY __ Page 4 of 4
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RESOLUTION NO .
SERIES OF 2016
A RESOLUTION APPOINTING AS CITY ATTORNEY FOR
----------~ THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, under the authority of the Englewood Home Rule Charter, Article IX, Section 64,
the City Council is empowered to appoint the City Attorney who shall be the legal representative
of the City and who shall advise the Council and the City Officials in matters relating to the
official powers and duties; and
WHEREAS, the City Council has made its selection of a new City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
___________ shall be and is hereby appointed City Attorney for an indefinite
term as provided in Article IX, Section 64 of the Englewood Home Rule Charter, and in
accordance with the employment agreement hereby approved, commencing
---------' 2016 .
ADOPTED AND APPROVED this 1st day of August, 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
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
August 1, 2016 12ai Approving Mayor
Jefferson's travel to
DRCOG retreat
Initiated By: Staff Source:
Mayor Joe Jefferson Eric A. Keck, City Manager
PREVIOUS COUNCIL ACTION
In order for Councilmembers to use funds from the Council travel budget, Council must
approve the spending, which has always been done at a regular City Council meeting
prior to the travel.
RECOMMENDED ACTION
Approve, by motion, approximately $380 for the Mayor to attend the Denver Regional
Council of Governments Directors Conference.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The DRCOG Directors Conference will be held in Breckenridge, CO, August 5-6, 2016.
The Mayor's participation in this Directors conference is critical to DRCOG as well as
• the City as the direction and initiatives of this organization are identified as this meeting.
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FINANCIAL IMPACT
There is no registration fee for the conference. The hotel is $190 and the per diem rate
for Breckenridge is $64/day. The total conference cost for the Mayor will be
approximately $380 .
LIST OF ATTACHMENTS
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MEMORANDUM
TO:
FROM:
DATE:
Mayor Joe Jefferson
City Council Members
City Manager's Office
Dugan Comer, Acting City AttorneLl)ii ?' J
July 27, 2016
REGARDING: April 30, 2015 Memorandum from Chris Neubecker
July 14, 2016 Letter from Judd Golden attorney for iBake.
Attached are two documents the first is a memorandum authored by a former employee, Chris
Neubecker regarding private marijuana clubs; the second is a letter from Judd Golden the
attorney retained by iBake outlining their argument as to why they are exempt under the
Colorado Clean Indoor Air Act and why they believe they are a private membership club .
Attachments
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M E M 0 R A N D u M
TO: Eric Keck, City Manager
THRU: Michael Flaherty, Deputy City Manager
FROM: Chris Neubecker, Senior Planner
DATE: April 30, 2015
SUBJECT: Private Marijuana Club
Staff recently received an inquiry regarding a possible new business in the City catering to
marijuana users. The business would be a private membership club in which members may
smoke, use and consume marijuana related products at a location other than their private
~"'sidence . (1' !o rn a riju:i.r:a :::.!cs aic prs;:::;:c:l.~ ;f-:: ~usiness illay also incluc!c .:..=:d:~::.:,; 1.:tl
products and services, such as music, entertainment, events, games, sale of food and
beverages, and gifts. This memo will address the zoning side of this use. We will defer to
the City Attorney to determine the legal issues with this type of business .
The current Unified Development Code has a use type called "Membership Organization"
within the "Assembly" use category. Following are the current definitions for these uses:
Assembly
a. Characteristics. This use category includes spaces used for the periodic gathering of
large numbers of people for meetings, specific events, or shows. Activities may be of a
spectator nature. Accessory uses may include offices, meeting areas, food preparation areas,
concessions, parking, and maintenance facilities .
b. Specific Use Types. This category includes the following use types:
(7) Assembly Hall or Auditorium, Hall Rental for Meetings or Social Occasions. A building
or a portion of a building in which facilities are provided for civic, educational, political, or
social purposes or a facility available for lease by private parties.
(2) Membership Organization (Excluding Adult Use). An organization and its premises
catering exclusively to members and guests for social, intellectual, recreational, or athletic
purposes that are conducted for profit.
Planning & Zoning Division Building Division Economic Development
303.762 .2347 303.762.2356 303.762.2599
1000 Englewood Parkway Englewood, Colorado 80110
www.englewoodgov.org
Membership Organizations are permitted in the following zone districts:
• Permitted Use: M-2, MU-B-1, MU-B-2, 1-1 and 1-2
• Conditional Use: TSA
The definition of "Membership Organization" does not mention how exclusive membership
will be, or the price of a membership. For example, Studio A64 in Colorado Springs allows
memberships of $5.00/day, or $30 .00/month. This price is similar to a cover charge at a
local bar, which is open to the public.
"Membership Organization" specifically excludes "Adult Use". The definition of Adult Use
below does not mention marijuana or any other business that is regulated based on the age
of the customers. Adult Uses are specific to sex related businesses.
1. Adult Use.
a. Characteristics. Adult use shall mean a use of property where the principal use, or a
significant or substantial adjunct to another use of the property, is the sale, rental, display or
other offering of live entertainment, dancing or material which is distinguished or
characte ri zed by its emphasis on depicting, exhibiting, describing or relating to "specified
sexual activities" or "specified anatomical areas" as the primary attraction to the premises.
b. Specific Use Types. Examples include adult arcades, adult bookstores, adult cabaret,
adult dancing establishment, and other similar facilities, including those defined below.
(1) Adult Arcade. An establishment where, for any form of consideration, one (1) or
more motion picture projectors, slide projectors or similar machines, for viewing by five (5) or
fewer persons each, are used to show films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by an emphasis upon the depiction or
description of "specified sexual activities" or "specified anatomical areas".
(2) Adult Bookstore. A place where books, magazines, motion pictures, videos, prints,
photographs, periodicals, recordings, novelties and devices, or any of these things, which
have as their primary or dominant theme, matter depicting, illustrating, describing or relating
to specified sexual activities , are sold, rented or offered for sale to adults .
(3) Adult Cabaret. A nightclub, bar, restaurant or similar establishment which regularly
features live performances which are characterized by the exposure of "specified anatomical
areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by an emphasis upon the
depiction or description of "specified sexual activities" or "specified anatomical areas".
(4) Adult Dancing Establishment. A business that features dancers displaying or exposing
"specified anatomical areas".
(5) Adult Entertainment or Service Facility. An adult bookstore, adult motion picture
booth, adult motion picture theater, adult dancing establishment, adult cabaret, or adult
arcade .
(6) Adult Motion Picture Booth. An enclosed area within an adult motion picture
theater designed or used for the viewing by one (1) or two (2) persons of motion pictures
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which have as their primary or dominant theme, matters depicting, illustrating or relating to
"specified sexual activities".
(7) Adult Motion Picture Theater. An enclosed building, or a portion or part of an
enclosed building, or an open-air theater designed to permit viewing by patrons seated in
automobiles, used for presenting on a regular basis, film material which has as its primary or
dominant theme, matters depicting, illustrating or relating to "specified sexual activities" for
observation by adult patrons thereo~ and includes any hotel or motel, boarding house,
rooming house, or other lodging for transient customers.
Specified Anatomical Areas: As used herein, shall mean and include any of the following:
(A) Less than completely and opaquely covered human genitals, pubic region, buttocks,
anus or female breasts below a point immediately above the top of the areolae; or
(8) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Specified Sexual Activities: As used herein, shall mean and include any of the following:
(A) Human genitals in a state of sexual stimulation or arousal;
(B) Acts of human adamitism, analingus, bestiality, cunnilingus, coprophilia, fellation,
flagellatiqn, frottage, masochism, masturbation, sadism , sadomi'!sochism , sexual intercourse ,
sodomy or urolagnia; and
(C) Fondling or other erotic touching of human genitals, pubic region, buttock, or female
breast.
Based on staff's understanding of the proposed business, we believe that a Private
Marijuana Club would be considered a Permitted Use, and therefore would be allowed in
the same zone districts where Membership Organizations would be permitted .
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JuddGolden~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Attomey at Law, LLC
July 14, 2016
Dugan Comer, Acting City Attorney
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
Re: iBake Englewood
Dear Mr. Comer,
500 Mohawk #209
Boulder, CO 80303
303 .442 .6355
juddgolden@outlook.com
By email only to dcomer@englewoodgov.org
Thank you for speaking with me on July 14. As discussed, I have been retained to represent iBake
Englewood (iBake). I write to provide information and authorities about how iBake is operating
lawfully, and why Englewood does not have legal grounds to suspend or revoke iBake's business
license, and should not take action to do so.
iBake did not obtain their business licenses from either the State or Englewood by fraud ,
misrepresentation or false statement. !Bake is not a public nuisance, and has violating no laws. Their
proposed business, products, and services were disclosed as requested. !Bake was lawful at the time
of its inception, and continues to operate lawfully. Englewood Municipal Code §5-1-4, CRS §38-1-
• 101(3)(a), and see, JAM Rest., Inc . v. City of Longmont, 140 P.3d 192, 197 (Colo.App.2006).
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iBake is a retail tobacco business licensed by both the State of Colorado and Englewood. "Any
tobacco retail business" is an exception to the smoking restrictions in the Colorado Clean Indoor Air
Act (CCIIA), CRS §25-14-205(1)(d).
In 2013, the CCIIA was amended in the omnibus bill SB 12-283, Concerning Implementation of
Amendment 64, 2013 Ch. 332, §12, eff. 5/28/2013. The CCIIA, as amended, treats marijuana the
same as tobacco, and unambiguously proscribes smoking restrictions and exceptions that apply
equally to tobacco and marijuana. 1
1 § 25-14-203. Definitions
As used in this part 2, unless the context otherwise requires :
(1 l .5)"Marijuana" shall have the same meaning as in section 16 (2) (f) of article XVIII of the state constitution.
(16) "Smoking" means the burning ofa lighted cigarette, cigar, pipe , or any other matter or substance that contains
tobacco or marijuana.
( 18) "Tobacco business" means a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in
the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale
or retail, and in which the sale, manufacture, or promotion of other products is merely incidental.
§ 25-14-204. General smoking restrictions
(1) Except as provided in section 25-14-205, and in order to reduce the levels of exposure to environmental tobacco and
marijuana smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including, but not
limited to: [subsections omitted]
§ 25-14-205. Exceptions to smoking restrictions
(1) This part 2 shall not apply to:
(d) Any retail tobacco business; (Emphasis supplied)
Judd Golden Attorney at Law, LLC -1
It was the intent of the legislature in enacting the CCIIA to protect nonsmokers from involuntary
exposure to smoke, and also to respect the private choices of individuals to smoke in private places,
including specified indoor areas. The statute's legislative declaration 2 , as amended in 2013,".. . •
evidences the balance struck 'between the health concerns of nonconsumers of tobacco [and
marijuana] products and the need to minimize unwarranted governmental intrusion into' private
choices ... it seems abundantly clear that the General Assembly's purpose was to protect its citizens
from exposure to the smoking of others without at the same time forcing them to choose between
their comfort or health, on the one hand, and the benefits offered by regulated, public
accommodations, on the other." Curious Theatre Co. v. Colorado Dept. of Public Health and
Environment, 220 P.3d 544, 549 (Colo. 2009).
" ... [T]he testimony of a bill's sponsor concerning its purpose and anticipated effect can be
powerful evidence of legislative intent." People v. Valadez, 14CA2396, decided April 21, 2016,
citing Vensor v. People, 151P.3d1274, 1279 (Colo. 2007).
Initial consideration of SB 13-283 was by the Senate Business Labor and Technology Committee.
Research has not disclosed any other debate or discussion prior to passage about these sections of
the bill that add marijuana to the CCIIA. The explanation of the CCIIA amendments by bill sponsor
Senator Randy Baumgardner is from about 1 :53:00 to 1:55:15 in the recording,
http://coloradoga.granicus.com/MediaPlayer.php ?view _id=43 &clip _id= 385 5
This is an uncertified transcription -please listen for yourself (emphasis supplied):
Chair: Section 15 just adds marijuana to the tobacco statutes, right?
Sen. Baumgartner: Yes.
Chair: And then we have the legislative declaration, are there any other comments to
the bill?
Unk.: On 24 and 25, lines nine down, this is just making it the same as tobacco, it's
the Clean Air stuff.
Chair: Sen. Baumgardner?
Sen. Baumgardner: Just to where you don't think we are pulling the wool over your
eyes, on page 25 [full language of CRS §25-14-204(1) read aloud] -if you look at the
bill, it's kind of blank ...
Unk. -It's in the statute.
Sen. Baumgardner: ... but if you go to the bill [sic], it lists all the places that you
can't use it. Instead of just putting them in the bill, they are in statute.
When Sen. Baumgardner read aloud CRS §25-14-204(1), the places where you can't use it, which
starts, "Except as provided in section 25-14-205," with no Committee comment or questions, it is
2 § 25-14-202. Legislative declaration
The general assembly hereby fmds and determines that it is in the best interest of the people of this state to protect
nonsmokers from involuntary exposure to environmental tobacco and marijuana smoke in most indoor areas open
to the public, public meetings, food service establishments, and places of employment. The general assembly further
finds and determines that a balance should be struck between the health concerns of nonconsumers of tobacco products
and combustible marijuana and the need to minimize unwarranted governmental intrusion into, and regulation
of, private spheres of conduct and choice with respect to the use or nonuse of tobacco products and combustible
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marijuana in certain designated public areas and in private places. Therefore, the general assembly hereby declares •
that the purpose of this part 2 is to preserve and improve the health, comfort, and environment of the people of this state
by limiting exposure to tobacco and marijuana smoke. (Emphasis supplied)
Judd Golden Attorney at Law, LLC -2
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clear that the exceptions to smoking restrictions, CRS §25-14-205(l)(a-k), the places where you can
"use it," were also understood to remain in force. As amended, these exceptions also would also
become equally applicable to tobacco and marijuana, including subsection ( d), the retail tobacco
businesses exception. There is no other reasonable way to interpret what the legislature intended.
Contrary to what Englewood has claimed, iBake is not a "marijuana consumption club." It is a legal
retail tobacco business that chooses to limit entry to adults 21 or older. It enforces that restriction by
limiting access to adults who agree to become iBake members. iBake also chooses to control access
by being a membership business. To join, a membership application is required that includes an
agreement to comply with certain iBake business formalities, rules of conduct and also an
agreement to follow certain laws.
If an application is accepted and age is verified, a membership fee is collected, and membership
credentials are issued. Only then is access permitted into iBake's fully enclosed and separately
ventilated space within the business premises at 3995 S. Broadway.
These formalities ensure that only adult members have access; members of the general public are
not allowed. Smoking is not conducted "openly and publicly," and iBake is not a "public place."
Article XVIII Sec. 16(3)(d), Colorado Constitution, and CRS §18-1-901(3)(n) ("'Public place'
means a place to which the public or a substantial number of the public has access.")
The owners and operators of iBake are operating within the law. They have done so for over a year.
Before going into business, in April 2015, they personally visited each Englewood city department
to ask if there were any special requirements to open a pipe and tobacco shop that you could smoke
in, such as the need for any special filters or requirements. All departments said there was nothing
special needed.
Relying upon those assurances, and the clear language of the CCIIA retail tobacco business
exception, they entered into a multi-year lease for 3995 So. Broadway, and obtained a city license
for a retail pipe and tobacco shop, including a list of merchandise that was to be sold. They also
obtained a Colorado Sales Tax License, stating that they planned to sell tobacco products, apparel,
food and memberships. They were not asked in these applications, or by any government officials, if
they intended to allow marijuana smoking in their retail tobacco business; they would have done so
if asked. iBake opened on June 6, 2015, and has operated in a safe and responsible manner ever
smce.
Thank you for considering this information and authorities. My clients want to continue to operate
as a legal and responsible member of the Englewood business community. Please discuss this with
the mayor and city council, and let me know if you have questions or comments. I look forward to
hearing from you.
Sincerely,
Isl cJudd c9dden
Judd Golden
Attorney for iBake Englewood
Copy: iBake Englewood
Judd Golden Attorney at Law, LLC -3