The URL can be used to link to this page

Home My WebLink About2016-10-17 (Regular) Meeting Agenda Packet~Englewood 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, Oct. 17, 2016 •7:30 p.m. a. Minutes from the Regular City Council Meeting of Oct. 3, 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. Marcia McGilley, Executive Director for Aurora-South Metro Small Business Development Center, will address Council regarding services provided to Englewood's entrepreneurs and growing businesses. b. Carol Goldstein, Englewood resident, will address Council regarding ovarian cancer awareness. c. A representative from the Colorado Ovarian Cancer Alliance will be present to address Council regarding ovarian cancer awareness. d. Coween Dickerson, Englewood resident, will address Council regarding communications. e. Mike Fitzgerald, President and CEO of Denver South Economic Development Program, will address Council regarding Englewood's proposed economic development program and the importance of supporting a primary employment base. Please note: If you have a disability and need auxiliary aids or serv ices. please notify the City of Englewood (303-7 62-2405 ) at least 4S hours in adv ance of w hen services are needed. f. Kathleen Bailey, Englewood resident, will address Council regarding the consequences of incompetent, negligent, irresponsible City government. g. Robert Ellstrom, Englewood resident, will address Council regarding integrity. h. Doug Cohn, Englewood resident, will address Council regarding Historic Preservation. 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.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments. a. Proclamation declaring Start-Up-In-A-Day. 9. Consent Agenda Items a. Approval of Ordinances on First Reading. i. Council Bill 40 -The Police Department recommends Council approve a bill for an ordinance authorizing an Intergovernmental Agreement between the Englewood Police Department, the Arapahoe County Sheriff's Office and the Littleton Police Department which will allow our participation on the Arapahoe County Narcotics Team (ACNT). Staff: Cmdr. Vance Fender b. Approval of Ordinances on Second Reading. i. Council Bill 32 -Approve the proposed bill for an ordinance adopting the Littleton/Englewood Wastewater Treatment Plant Budget for fiscal year 2017. Staff: Finance and Administrative Services Director Kathleen Rinkel ii. Council Bill 33 -Approve the proposed bill for an ordinance appropriating funds for the Littleton/Englewood Wastewater Treatment Plant for fiscal year 2017. Staff: Finance and Administrative Services Director Kathleen Rinkel iii. Council Bill 36-Approve a bill for an ordinance amending Title 1, Chapter 6, Section 2, combining the department of Library Services; and the Department of Parks & Recreation into Parks, Recreation and Library; and creating a new Communications Department. Staff: Assistant City Manager Murphy Robinson iv. Council Bill 37-Approve a bill for an ordinance authorizing an Intergovernmental Agreement with the Colorado Information Sharing Consortium (CISC) Regional Data Warehouse. Staff: Cmdr. Tim Englert Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (3 03-762-2405) at feast 48 hours in advance of when services are needed. ...... \ _,. ' v. Council Bill 38 -Approve a bill for an ordinance amending the Englewood Municipal Code 2000 and the Rules of Order and Procedure for the Englewood City Council, to change the start time of regular Council meetings to 7:00 p.m., effective November 7, 2016 . Staff: City Manager Eric Keck vi. Council Bill 39 -Staff recommends Council approve a bill for an ordinance approving an intergovernmental agreement with South Suburban Parks and Recreation District for the construction of a bike trail on the east side of the South Platte River at W. Union Ave. and W. Oxford Ave. Staff: Utilities Director Tom Brennan c. Resolutions and Motions. i. The Municipal Court would request that City Council approve by motion a Professional Services Agreement with Integral Recoveries-Collection Agency, as a means for the collection of fines and costs which have been ordered by the Municipal Court. Staff: Court Administrator Tamara Wolfe ii. The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) Supervisory Committee recommended at its meeting on September 15, 2016 that Council approve, by Motion, a construction contract for the Lighting Replacement 2016 Project located at the UE WWTP. Staff is recommending an award of contract to the lowest reliable and responsive bidder, McBride Lighting Inc., in the amount of $351,817.37. Staff: Engineering Manager Chong Woo 1 O. Public Hearing Items. 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill 41 -Staff recommends that City Council approve a Bill for Ordinance with the Aurora-South Metro Small Business Development Center to provide training, business seminars, provide one-on-one consulting, and offer the Leading Edge program in Englewood. Staff: Economic Development Manager Darren Hollingsworth ii. Council Bill 43 -Community Development staff recommends Council approval of an IGA with COOT to accept Safe Routes to School grant funds for the Broadway/Mansfield Enhanced Safety Crossing project by ordinance. Staff: Planner II John Voboril iii. Council Bill 42 -Community Development staff recommends Council approve an IGA with Arapahoe County for acceptance of fiscal year 2016 Community Development Block Grant funds. Staff: Senior Planner Harold Stitt Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood ( 303-762-2405) at least 4S hours in advance of when services are needed, b. Approval of Ordinances on Second Reading. i. Council Bill 31 -Approve this bill for an ordinance establishing the 2016 mill levy to be collected in 2017. Staff: Finance and Administrative Services Director Kathleen Rinkel ii. Council Bill 34 -Approve the proposed bill for an ordinance adopting the 2017 Budget. Staff: Finance and Administrative Services Director Kathleen Rinkel iii. Council Bill 35 -Approve the proposed bill for an ordinance appropriating funds for 2017. Staff: Finance and Administrative Services Director Kathleen Rinkel c. Resolutions and Motions. i. Staff recommends that City Council approve a Resolution to support policy changes to Englewood's new economic development program. Staff: Community Development Director Brad Power ii. Community Development staff recommends Council approve a resolution authorizing the Community Development Department to apply for 2017 Community Development Block Grant funds. Staff: Senior Planner Harold Stitt 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a. Location for City Council facilitated retreat on November 14, 2016. 14. City Attorney's Report. 15. Adjournment. Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood ( 303-762-2405) at least 48 hours in adv ance of when services are needed. ' SDBC Services Aurora-South Metro SBDC services are available to anyone interested in growing or starting a business. Consulting The SBDC provides high quality, no-cost and confidential one-on-one consulting to potential and existing business owners. Comprised of an outstanding team of management, financial, and marketing experts, SBDC consultants work with entrepreneurs to provide crucial insights, guidance, and referrals that can mean the difference between success and failure. Many hold advanced degrees and all have owned and operated their own businesses. The SBDC assists existing business owners with: • Business plan development & review • Market research • Loan access & applications • Marketing plans & strategy • Financial & cash flow analysis • Sales strategy & business growth • Business feasibility & acquisition • Government procurement • Connect2DOT assistance • Minority & Veteran certifications • Economic Gardening Workshops The SBDC encourages pre-venture or start-up clients to attend SBDC basic, informative workshops: • Start-Up basics • Business model design • Business Plan basics • Marketing fundamentals • Cash Flow fundamentals • Financing and Accounting • Location strategies , and more ... SDBC Programs The Aurora-South Metro SBDC offers special programs to assist business owners in taking their business to the next level. Leading Edge™ Strategic Planning Series Colorado Leading Edge™ is an intensive and hands-on course designed to help entrepreneurs complete a fully-realized business plan. The program includes 36 hours of workshop sessions, five hours of one-on-one consulting and a Lenders Panel. Participants receive a Graduation Certificate with business plan in hand. Biz Tune-Up The Biz Tune-Up program is valued at $1350 and consists of: • In-depth business assessment • Market research report • Website review • Financial analysis SBDC Advanced The SBDC Advanced program is an economic gardening program designed to "grow our own" companies. The Gold, Silver and Copper packages include the following: • In-depth Market Research • Search Engine Optimization (SEO) • Geographic Info Systems (GIS) • In-depth Financial Analysis About Us The Aurora-South Metro Small Business Development Center (SBDC) is dedicated to assisting small businesses throughout the Aurora and south metro area to achieve their goals of growth, management improvement and financial success. The program provides high quality, no cost and confidential one-on-one consulting and business workshops. SBDC Network The Aurora-South Metro SBDC is part of the Colorado SBDC Network, a statewide network of 14 centers. A cooperative venture between the State of Colorado, U.S. Small Business Administration and local communities, the program has a significant impact on the state's economy and is responsible for generating $90 million in capital formation annually . • Over 6,000 individuals and business owners receive individual assistance • 11,000 attend training sessions annually Purpose The purpose of the Aurora-South Metro SBDC is to offer business consulting and training that maximizes the economic potential of entrepreneurs. Vision The vision of the Aurora-South Metro SBDC is to be the premier, trusted choice of area businesses in a part of Adams County, Arapahoe, Douglas and south Jefferson counties for consulting, training and resources. Mission The mission of the Aurora-South Metro SBDC is to help existing and new businesses grow and prosper. Aurora-South Metro SBDC Host•dbG -fuRO~ Satellite office hosted by: CITY OF LONE TREE Sponsored in part by: Arapahoe Community College BELLCO Douglas County, CO City of Centennial, CO Town of Parker, CO Greenwood Village , CO Colorado Business Bank Colorado Community Media Webolutions Douglas County Libraries Arapahoe Library District SRA1 U.S. Small Business Administration The Aurora-South Metro Small Business Development Center is funded in part through a cooperative agreement with the U.S. Small Business Administration. (303) 326-8686 Aurora-SouthMetroSBDC.com §tbc AURORA -SOUTH METRO Small Business Development Center Helping Existing and New Businesses Grow and Prosper! AURORA-SOUTH METRO SBDC Aurora office: c/o City of Aurora -Aurora Municipal Center 15151 E. Alameda Pkwy ., Suite 2300 Aurora, CO 80012 South Metro office: c/o City of Lone Tree -Municipal Building 9220 Kimmer Drive, Suite 200 Lone Tree, CO 80124 (303) 326-8686 info@Aurora-SouthMetroSBDC.com Otros sintomas o signos posibles • Constipacion o diarrea • Nauseas , indigestion o gases • Sangrado vaginal anormal • Excesivo cansancio • Perdida de peso inexplicable • Dificultad respiratoria • Dolor en la pa rte ba1a de la espalda Tome acci6n: Si persisten sus sfntomas diariamente durante mas de unas pocas semanas, acuda al medico, preferiblemente a un ginecologo . Los expertos recom iendan una combi nacion de examen pelv ico y rectal, una prueba CA-125 y una ecograffa transvaginal. Reconozca los riesgos • Antecedentes personales o familiares de cancer de mama, de colon, de recto, de utero o de ovario • Nunca ha estado embarazada • Edad (la mayor incidencia es en mujeres mayores de 55 anos) Al1anza a traves de una subvenc1on de la Coahc16n de Can cer de Colorado -Fonda de Cancer de impues tos de retenci6n en n6mina . Other Possible Signs and Symptoms • Constipation or diarrhea • Nausea, indigestion or gas • Abnormal vaginal bleeding • Unusual fatigue • Unexplained weight loss/gain • Shortness of breath • Low back pain TAKE ACTION: If symptoms persist for more than a few weeks see your doctor, preferably a gynecologist. Experts suggest a combination pelvic/rectal exam, CA 125 blood test and a transvaginal ultrasound . KnowYour Risk • Personal or family history of breast , colon, rectal, uterine or ovarian cancer • Never been pregnant • In creasi ng age (highest occurrence over age 55) • Genetic factors related to Jewish or Latina heritage [!)[!] colorado ovarian [!)~ cancer alliance www.colo-ovariancancer.org Ovarian Cancer Facts Ovarian Cancer is Deadly Ovarian Cancer is typically diagnosed late, when chances for survival are low. Over 80% of ovarian cancer diagnoses occur after metastasis, at Stages Ill and IV, when the survival rate over five years is less than 35%. The overall five-year survival rate is approximately 44%. Early diagnosis is key to survival; ovarian cancer diagnosed at Stage I has a 93% survival rate. In Colorado, approximately 350 women per year are diagnosed and approximately 220 will die. Nationwide, approximately 22,300 women are diagnosed and approximately 15,500 will die. There are approximately 2,500 survivors in Colorado at any one time. Women have a one in seventy-two chance of an ovarian cancer diagnosis in their 1ifetimes. (American Cancer Society and Colorado Central Cancer Registry.) Ovarian Cancer is Difficult to Diagnose There is no universally accepted screening test for ovarian cancer. The Pap test does not test for ovarian cancer. It is important to know the symptoms for early diagnosis. Ovarian cancer is not silent. A Consensus Statement by the Gynecologic Cancer Foundation, the Society of Gynecologic Oncologists, and the American Cancer Society, released in June 2007, listed four symptoms that occur with more frequency in women with ovarian cancer, even those with early stage disease. 95% of women diagnosed with ovarian cancer had experienced one or more of these symptoms. The most common symptoms of ovarian cancer are: 1. Abdominal bloating or pressure 2. Pelvic or abdominal pain 3. Difficulty eating or feeling full quickly 4. Urinary symptoms (urgency or frequency) A woman with one or more of these symptoms, unusual for her and persisting for more than a few weeks, should see a doctor, preferably a gynecologist, and request a CA125 blood test, a pelvic/rectal exam, and a trans-vaginal ultrasound . Co!orado Ovarian Cancer Alliance " COCA www.Colo-OvarianCancer.org 0 303-506-7014" 1-800-428-0642 Ovarian cancer is often misdiagnosed as IBS, bladder infection, indigestion, or as the symptoms of menopause or stress. Because of ovarian cancer's high mortality rate, ovarian cancer should be ruled out -even though it is not the most likely diagnosis for any of its symptoms. Many medical personnel are not aware of the symptoms, leading to initial misdiagnoses in over half of cases. Women should know the symptoms and be prepared to insist that ovarian cancer be considered and ruled out. Additional symptoms may include constipation, diarrhea, nausea, indigestion, gas, abnormal bleeding, pain with intercourse, unusual fatigue, backache, unexplained weight loss or gain, and shortness of breath. If ovarian cancer is suspected, women should consult a gynecologic oncologist. Women whose surgery is performed by a gynecologic oncologist experience significantly better survival rates. (Predictors of Comprehensive Surgical Treatment in Patients with Ovarian Cancer, Barbara A. Goff, et aL, pubHshed 9 AprH 2007, WHey interScience} Risk Factors • Family history. Ten to fifteen percent of ovarian cancer cases are due to the BRCA or other gene mutati-0ns. W-0men with a personal or family hist-0ry -0f breast, c-0l-0n, rectal, uterine and/or ovarian cancer, should receive the HNPCC (or Lynch Syndrome) and/or BRCA gene mutation test. Those who test positive for a genetic mutation are at significantly higher risk for both breast and ovarian cancer and should receive more frequent monitoring. Also there are preventive measures that can be taken. The BRCA and HNPCC gene mutations can be inherited through either the maternal or paternal line of ancestors. • Genetic Factors related to Jewish or Hispanic heritage (from the San Luis Valley of Colorado or Northern New Mexico} are at greater risk for the BRCA gene mutation. One in five hundred members of the general population carry the gene mutation, while one in forty members of the Jewish population carries the mutation. • Increasing age increases risk for ovarian cancer, although women and girls of all ages are diagnosed. The average age of diagnosis is sixty-three. • A high number of ovulations over a woman's lifetime is a risk factor. Thus, women who have not had children, who have used fertility drugs, who have had an early puberty and/or late menopause, or who have not used the birth control pill are at higher risk. Colorado Ovarian Cancer Alliance • COCA www.Colo-Ovar ianCancer.org • 303-506-7014 • 1-800-428-0642 Coween Dickerson 2835 S. Pennsylvania 1. The most current statements that call Comer's legal competence into question are his statements and actions regarding Ord 34 and the unnecessary 4 yr Ryal court action and the related but quite different Brockhausen case. The current issue is Brockhausen, which Comer's direction to police brought forward. The memo in your packets for this session, allegedly outlining "options" to dealing with Ord 34 and the residency requirements is the weakest and most disorganized memo Comer has written to date, perhaps to confuse Council and the issue. 2. Despite comer's claim that the City cannot take action on the questionable ord 34 without "undermining pending litigation", which he brought about, unnecessarily, that is what can and should be done now and should have been done in 2012. The ordinance is overly broad, violates civil rights, is a taking of property, and the residency requirements pertain only to the perceived danger of violent sexual pedophiles. But that concern is very misplaced in general because court orders take care of that possibility case by case as is shown in the recent public case of a counselor/pastor who touched a 13 yr old inappropriately and now cannot have contact even with his own minor children. 3. If the ordinance is revised to limit application to the still incarcerated sexually violent predator/pedophiles, it is another useless ordinance that cannot be enforced nor will it prevent anything or protect anyone. 4. Do you really think that a true predator cares about or is stopped by your distancing restrictions? That is magical thinking. Just because certain people are banished and refused legal residency, will not stop them from going anywhere in the City anytime regardless of the distancing requirements and if dangerous can and will do so and commit more sex crimes. 5. Mr. Brockhausen has courageously put his heart and life on the line here to bring truth and sanity to the issue and remain his family's caretaker and support. Many experts have testified that the 2006 ord was a knee jerk reaction to bad and inaccurate information and that recidivism is low for the majority under the sex offender mantle,. Murderers, thieves, drug offenders, DUI felons, fraud and embezzelers get to continue their behaviors unchecked, no matter how many times they have been convicted of felonies but those who made mistakes and paid for those mistakes that have been branded as sex offenses requiring registration are harried, threatened with eviction, slandered and are treated as pariahs by police and mr. comer. None of the people who are under threat of eviction have been restricted by courts to be banned from contact with children nor are required to have the community notified of their presence/residence. 6. The final Commerce City option seemingly urged by Comer is a whole new hearing that is even worse than the current ordinance and far more costly, cumbersome, unconstitutional, post judicial, post punishment and completely unnecessary. Not one of the citizens who are required to register as sex offenders in Englewood are dangerous. 7. Littleton has no ordinance and NO problems, as is the case with 99% of Colorado muni/cty with no ord 34 like Cherry Hills (has the highest number of registered sex offenders). I guess money makes the difference. 8. The only valid option is to repeal this ordinance and the title 7 residency requirements. Neither serve a legitimate purpose. The only dangerous violent pedophile predators are still in jail and probably will not get out in the next 20 yrs. 9. Settle this case. Pay Mr. Brockhausen's legal fees and stop the harassment. Allow the now law abiding citizens under close supervision to remain in their homes, in stable and supportive environments. Don't let comer continue failing to do the job he is being overpaid to do and cannot do without resorting to lining his and Tom Rice's pockets at taxpayer expense. Englewood City Council October 17, 2016 Good evening Mayor Jefferson, Council and City Manager Eric Keck, The Englewood Historic Preservation Society wants to thank you and offer our gratitude for the consideration of an Englewood Historic Preservation Commission. We are humbled and excited that this may be the first time in the history of our City of Englewood that Historic Preservation may become a reality and that someday a city museum for saving our history will be realized. On another note; considering the Comprehensive Plan. I attended last week's study session and although I had a hard time hearing all the discussion, I was able to pick up some of the main points. My impression was perhaps you are trying to rush this a bit, with it being close to the end of the year. My thoughts were with the new people on the board and with the many issues the whole council and our City Manager has had to deal with, is there a problem with slowing it down a bit and go through it with a fine tooth comb -so to speak. It may seem like the Comp Plan has been going on for a long time, but for new folks on the council board going through decisions made by a prior city manager and council; it doesn't seem quite right to rush through all the decisions that must be made. It's a huge undertaking and rethinking of many projects and even the council members who have been on the board a few years have not had to deal with the many issues that have come about in the last couple of years, so taking a bit more time might be helpful in decision making. My impression of the Comp Plan is like a Master Plan, as the county calls it. I thought it was a land development document by law of the State of Colorado. We are hoping there will be more of The Englewood Historic Preservation Societies idea's put back into the Comprehensive Plan. Thank you again council. Our lecture for this month is on Monday October 24th and called the Mid-Century Polynesian Culture and Tiki Bars in Denver throughout the century. There are copies on the back table and anyone interested in joining us, you are welcome. We also have membership forms if anyone would like to join our group. Membership is $20.00 a year and $35.00 for family. Ida May Nicholl AURORA -SOUTH METRO Small Business De velopment Center AURORA-SOUTtt METRO SBDC Helping existing and new businesses grow and /»'O!IP8f1 Auroraotlloel City of Aurore Aurora Munlclpal Center 15151 E. Al8mede Pkwy, 2300 Aurora, co 80012 CllYOl'LCMTI& .... Metro ... Clt.y of Lone Tree Lone Tree Munldpll Bulld1ng 9220 Kimmer Dr., #200 Lone Tree, co 80124 Aurora-South Metro SBDC Presents: Funding Options Panel: Show Me the Money! Find out about loan and micro -loan programs available for small businesses through lending institutions. The panel discussion will include what lenders look for in a loan package, their criteria for lending and how to qualify for funding . You will also learn about other types of funding including Crowdfunding and use of retirement funds. Business financial consultant Dale Clack will discuss sources of funding outside of traditional lending, finding investors, the Five C's of Credit, and the Loan Request Preview program. Panel of lending experts will include: • Acci6n • Colorado Business Bank of Littleton • Colorado Crowdfunding • Colorado Enterprise Fund • Colorado Lending Source • U.S. Small Business Administration (SBA) Don't miss this opportunity to get the information you need for funding. Friday, October 21, 2016 8:30 -11:30 AM $10/person* Englewood's Malley Recreation Center 3380 So. Lincoln St., Englewood, CO 80113 . Peak Room (free parking) To register in advance: www.Aurora-SouthMetroSBDC.com/training ("Browse Workshops") * Payment by credit card may be made in advance via PayPal; a link is provided upon pre-registration . *Payment at the door will be accepted via cash (exact amount) or check. The SBDC has a no refund policy. Seating is limited. QUESTIONS? Call (303) 326-8686 Sponsored By: ~ Colorado Business Bank COBIZ Financial COLORADO Funded in part through a cooperative agreement with the U.S. Small Busin ess Administration. (303) 326-8686 • Aurora-SouthMetroSBDC.com PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT October 17 , 2016 Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. Please limit your presentation to three minutes PLEASE PRINT NAME ADDRESS TOPIC t:"\ le w ~c ~ l.. f:. ~ (_ I 6 t1 1 I H./ (; Scut l(~\\tj [Jl~ Su.,/\\i ic\ Cr e LO 8011"?:> 1<rr 11/S -Jto -oJ3 1 ~(Joi PJ'Q..frL l(-tJ l 5 Lt ernJ ?;Al?~ ---"-5.=c... .......... a-f_+ __ ~ __ -'--fl /--i...-..<2 _.__~f+--~~Lf:_Ar~~~' ~F__._0 t ____ f_OG<~Yl t ct1 'J// /}J(;IJ Srt1c.flhquJftL -4'61 u S ~'f 1:tqJ '1 ITB-16-013 LED Project Timeline ' August 2nd, Original Bid Submission. u August 2nd, Bid Tabulation Sheets are posted immediately online. Only Colorado Lighting submitted a bid with the correct specification, so all prospective bidders had our exact bid numbers for all roughly 2000 cells. The other bidder submitted a substitute product that put out 30% less light and was 20% less efficient. August 25th, the second bid is due. October 13th, the bid tabulation sheets are posted for the second bid and we catch the $10,963 error in line item 109B. This is off by 21,700% October 17th, Coloroado Lighting comes to speaks before the City of Englewood Council. I For Questions please contact Scot Kelley at (303) 288-3152 or skelley@coloradolighting .com Colorado Lighting, Inc . 2171 E. 74th Ave. Denver, CO . 80229 # ~~(:) ,s." ~ 1A 81SULFIDE 18 BISULFIDE 1C BISULFIDE 2A BISULFIDE 28 BISULFIDE 2C BISULFIDE 3A 3 WATER PUMP STATION 38 3 WATER PUMP STATION 3C 3 WATER PUMP STATION 4A 3 WATER PUMP STATION 48 3 WATER PUMP STATION 4C 3 WATER PUMP STATION SA DISINFECTION S8 DISINFECTION SC DISINFECTION 6A DISINFECTION 68 DISINFECTION 6C DISINFECTION 7A DISINFECTION / ~ ~ 0 A!8!!····111 µ··· ~~·····~· fl:' ~ "' ...... ,.. .. ,.. .. ' .. . . "' I'..<-., ""·''' . ~t Ill + " ~ * :o."-:o."-#', ~' ,_,o :{:-'< ~o+ "'o , . · ff i!l'li it .. ·f' • .,(P .·£/ ~"'· <'".·" ~ ,...~ ~q,; ,...,o ~,(" ,(" "' .:>"' (I.-o~ +"' .$' .• . . '°~. . ... • ~#' t:',.· .. ·. . '' />~ ~.~· . < ••~. # ... ~.. ,.., ~ • "'~'\~"'vo<-.,. f .:/ 11°' •"'+-<:>#'CJ .,./'.. -<:>i~ ,...-<:>+"' .,~c; /"'.. .• • ~·.. "~~.,,"!r!I, . "" ~ .Jt.l"ar ~"' . ',##' . o~· 'i'_ ~-I', . . " $ ~ .,.Y "" "' . • •'*' .,.. .'Ill . . .y ~-, ". Ci b fP.,, .. v . ~ "-' . ..:·: . _ .;;::f~ •,r1:. . ·. -~ ". , a;r,;m; ···4* ,,,,~ .,O" . BISULFIDE BAY BlSULFIDE BAY BISULFIDE BAY BACK SAMPLING ROOM BACK SAMPLING ROOM BACK SAMPLING ROOM 3 WATER PUMP STATION ELECTRICAL 3 WATER PUMP STATION ELECTRICAL 3 WATER PUMP STATION ELECTRICAL LENSED HIGH BAY LENSED HIGH BAY EM-LITHONIA NEMA4X 1X4X3 TURRET 1X4X3 TURRET 1X4X3 TURRET 1X4X3 TURRET 1X4X3 TURRET 1X4X3 TURRET 3 WATER PUMP STATION PIPE ROOM I LENSED HIGH BAY 250W MH VlRT 10 NEMA4X HALOGEN NEMA4X F32T8141 NEMA1 F32T8141 NEMA 1 250W MH VIRT NEMA4X PENDANT, HOOK WALL CEILING, HARD PIPED CEILING, HARD PIPED 20 I 1G, 3 WAY, EPB 1G, EPB 1G, EPB BOX, HOOK I 10 I 1G, 3 WAY, EPB REPLACE FIXTURES REPLACE SWITCHES, ·veRIFY LIGHT LEVEL CAN REDUCE TO MINIMUM 0 .1 FOOT CANDLES -VERIFY EMERGENCY LIGHTING BAITERY BACK UP FIXTURES ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT RELAMP REBALLAST REPLACE SWITCHES, ·vER1FY LIGHT LEVEL CAN REDUCE TO MINIMUM 0.1 FOOT CANDLES .. VERIFY EMERGENCY LIGHTING BATIERY BACK UP FIXTURES ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT RELAMP REBALLAST REPLACE SWITCHES, ·vERIFY LIGHT LEVEL CAN REDUC E TO MINIMUM 0.1 FOOT CANDLES 0 VERIFY EMERGENCY LIGHTING BATTERY BACK UP FIXTURES ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT REPLACE FIXTURES LITHONIA FHE 12000LM ACL MO MVOL T GZ10 SOK 60CRI FHEEMK CREE UR4840KFDLB3, UR34845L 1 OVFDDR CREE UR4840KFOLB3, UR34845L 10VFDOR LITHONIA FHE 12000LM ACL MD MVOL T GZ10 SOK 80CRI FHEEMK NEMA4X NEMA 1 NEMA1 NEMA4X 10 9S PTS 720 66 PTS 720 66 PTS 720 9S 2 Single Gang Lever Switches existing. Retrofit or replace existing switch boxes to accommodate 2 new PTS timers Wire new fixtures so that 7 highbays are controlled by PTS sensors and 3 highbays are on [ $ 24fi. Install new washdown nema 4x switch covers to protect timers. Verify safe light levels for walk through lighthing when sensored fixtures are in off position. *'*IF APPLICABLE, PROVIDE PRICE TO REWIRE EMERGENCY LIGHT FIXTURES SO THAT BAITERIES CHARGE WHEN LIGHTS ARE OFF. 1 single gang lever switch existing. Retofit or replace existing switch boxes to accomadate 1 new PTS timer. W ire new fixtures so that 6 fixtures are controlled by the PTS timer and 2 fixtures are on 24f7. Install new I $ washdown nema 4x switch cover to protect timer Verify safe light levels for walk through 1ighthing when sensored fixtures are in off position 0 IF APPLICABLE, PROVIDE PRICE TO REWIRE EMERGENCY LIGHT FIXTURES SO THAT J $ BA TIER!ES CHARGE WHEN LIGHTS ARE OFF 2 Single Gang lever Switches existing. Retrofit or replace existing switch boxes to accomadate 2 PTS timers. Wire new fixtures so that 8 fixtures are on each PTS timer and 1 fixture is wired for 24fi night I $ light. Install new NEMA 1 switch cover to protect timers. Verify safe tight levels for walk through lighting when sensored fixtures are in off position. ••1F APPLICABLE, PROVIDE PRICE TO REWIRE EMERGENCY LIGHT FIXTURES SO THAT BATIERIES CHARGE WHEN LIGHTS ARE OFF. 3 Lever Switches existing . Retrofit or replace existing switch boxes to accomadate 3 PTS timers. Wire new fixtures so that 6 fixtures are on each PTS timer and 2 $ I ... cf:'...,.~ '1 ~ #' .~v '°-t' 't'Y ··• ~c,"-~ • ,._..Y .,.;,. ~ ,~o... . ·~'Ii . .I' ,.~ #(} ,_o"' ~ .l' -..0"'/ 1,soo.001 $ 4 ,970.25 I $ 27.78 I $ 6 ,598.03 I $ 1,019.20 I s 5,578.83 90.00 I $ 202.101 s -'s 292 .10 I $ -·$ 292.10 $ 280.00 I s 1,2 14.17 I$ 6 .401 $ 1,500.57 I $ 312.00 I $ "1,188.57 45 .oo I S 101.05 I $ -'s 146.05 I $ 146.05 $ $ 315.00 I s 1,365.94 I $ 7.201 $ 1,688.14 I $ as1 .ool s 1,337.14 90.00 I s 202 .10 I $ -'s 292.1 01 $ $ 292.1 0 -' s -' $ s 960.00 I s 3,97&.20 I s 22.22 1 $ 4,958.42 I $ 8 15.36 I $ 4,143.06 3 WATER PUMP STATION PIPE ROOM I LENSED HIGH BAY REPLACE SWITCHES, •vERIFY LIGHT LEVEL CAN REDUCE TO MINIMUM 0 .1 FOOT CANDLES PTS 720 fixtures are wired for 24f7 night light. Install new I $ 135.00 I $ 303.15 I $ $ 438.15 1 $ -'$ 438.1 5 3 WATER PUMP STATION PIPE ROOM ELECTRICAL ELECTRICAL ELECTRICAL TANK ROOM TANK ROOM TANK ROOM TANK ROOM EM -LITHONIA NEMA4X 1X4X2 TURRET 1X4X2 TURRET FROG EYE BATTER BACKUP LENSED HIGH BAY LENSED HIGH BAY LENSED HIGH BAY WALL PACK HALOGEN F32T8/41 HALOGEN 250W MH VIRT 175W MH NEMA4X NEMA1 NEMA1 NEMA4X NEMA 4X (FIXTURE IS NOT) WALL CEILING, HARD PIPED WALL PENDANT, HARD PIPED WALL 1G 10 I LOW VOLATAGE .. VERIFY EMERGENCY LIGHTING BATIERY BACK UP FIXTURES ARE ON A DEDICATED ON 24fi EMERGENCY LIGHTING CIRCUIT RELAMP REBALLAST REPLACE SWITCHES 0 VERIFY EMERGENCY LIGHTING BATIERY BACK UP FIXTURES ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT REPLACE FIXTURES REPLACE SWITCHES, ·vERIFY LIGHT LEVEL CAN REDUCE TO MINIMUM 0 .1 FOOT CANDLES .. VERIFY EMERGENCY LIGHTING BATTERY BACK UP FIXTURES ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT REPLACE FIXTURES CREE UR4840KFOLB2, UR24845L 10VFDDR LITHONIA FHE 12000LM ACL MO MVOLT GZ10 SOK 80CRI FHEEMK LITHONIA FEM4 LED 6L57 IMAFL NEMA 1 NEMA4X NEMA4X 44 WSX·POT 9S PTS 720 61 NEMA 4x switch cover to protect timers. Verify safe light levels for walk through lighting when sensored fixtures are in off position. I ""IF APPLICABLE, PROVIDE PRICE TO REWIRE EMERGENCY LIGHT FIXTURES SO THAT BATIERIES CHARGE WHEN LIGHTS ARE OFF. Install new wall switch sensor ••1F APPLICABLE, PROVIDE PRICE TO REWIRE EMERGENCY LIGHT FIXTURES SO THAT BADERIES CHARGE WHEN LIGHTS ARE OFF. 2 single gang rubber push button switches existing . Wire 1 PTS to control 5 highbays. Wire second PTS to control 2 highbay and 2 wall packs. W ire 1 fixture $ to EM light circuit to stay on 24f7. Install new NEMA I $ 4X switch covers to protect timers. Verify safe light levels for walk through lighting when senosred fixtures are in off position -1F APPLICABLE, PROVIDE PRICE TO REWIRE EMERGENCY LIGHT FIXTURES SO THAT BATIERIES CHARGE WHEN LIGHTS ARE OFF. $ 140.00 I s 25.00 I s 1,280.00 I $ 45 .00 I s 320.oo I $ $ 409.75 I $ 2 .131 $ 551.88 I $ 104.00 I $ 447.88 79.90 I S 104.90 I $ 19.501 $ 85.40 3,976.20 I $ 22.22 I $ 5,278.42 I $ 815.36 I $ 4,463.06 101 .051 $ $ 146.05 I $ -'$ 146.05 $ $ 441 .80 I s 5.56 I$ 767 .36 I $ $ 767.36 PERMIT FEE I $ 50.00 BOND $ 349.15 BISULFIDE, 3-WATER-PS, DISINFECTION TAXES $ 514.12 TOTAL PRICE $ 23,176.14 9A CENTRATE TOP LEVEL LENSED LOW BAY 1 SOW HPS VIFT 1 2 NEMA1 CE ILING BOX B 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FEM4 LED 6L57 IMAFL NEMA1 2 61 $ 320.00 $ 441.80 $ 5.56 $ 767.36 $ 132.08 $ 635.28 REPLACE SWITCHES, ·veRIFY 2 existing single gang boxes. Install 2 PTS sensors in 98 CENTRATE TOP LEVEL LENSED LOW BAY LIGHT LEVEL CAN REDUCE TO PTS 720 2 1 =~~ ~~w:i~t~~~ucgohn~~;~;n~xt;~:~· s~~;i~~a~::~~~~ S 390.00 $ 202.10 $ $ 592.10 $ $ 592 .10 MINIMUM 0 .1 FOOT CANDLES are in off position .. VERIFY EMERGENCY LIGHTING *"IF APPLICABLE , PROVIDE PRICE TO REWIRE 9C CENTRATE TOP LEVEL LENSED LOW BAY BA TIE RY BACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT s $ -$ $ $ -$ ARE ON A DEDICATED ON 24n EMERGENCY LIGHTING CIRCUIT BATIERIES CHARGE WHEN LIGHTS ARE OFF. 10A CENTRATE STAIRS EXPLOSION PROOF, 150W HPS VIFT 1 1 NEMA4X WALL B 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FEM4 LED 6L57 IMAFL NEMA4X 1 61 $ 160.00 s 220.90 $ 2 .78 $ 383.68 s 66.04 $ 317.64 CLASS 2 EXPLOSION PROOF, REPLACE SWITCHES, •vERIFY 108 CENTRATE STAIRS CLASS 2 LIGHT LEVEL CAN REDUCE TO PTS60 1 1 single gang switch existing . Retofit or replace $ 40.00 s 48.18 $ $ 88.1 8 $ -$ 88.18 MINIMUM 0.1 FOOT CANDLES existing switch boxes to accomadate 1 new PTS timer. Wire new fixtures so that all but 1 fixture is controlled by the PTS timer_ Wire 1 existing stairwell fixture to EM circuit to stay on 24f7. Verify safe light levels for walk through lighthing when sensored fixtures are in off position. 11A CENTRATE BOTIOM LEVEL EXPLOSION PROOF 100W HPS VIRT 1 7 NEMA4X CEILING 15 TIA REPLACE FIXTURES LITHONIA FEM4 LED 6L57 IMAFL NEMA4X 7 61 s 1,120.00 s 1,546.30 $ 19.44 $ 2,685.74 $ 273.00 s 2,412.74 TRACK -VERIFY EMERGENCY LIGHTING --1F APPLICABLE, PROVIDE PRICE TO REWIRE 118 CENTRATE BOTIOM LEVEL BATIERY BACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT s $ -$ s $ $ -ARE ON A DEDICATED ON 24f7 BATIERIES CHARGE WHEN LIGHTS ARE OFF. EMERGENCY LIGHTING CIRCUIT 12A CENTRATE BOTIOM LEVEL EXPLOSION PROOF 200W INC 1 2 NEMA4X PENDANT, 15 REMOVE FIXTURES Remove fixtures and cap power to fixtures $ 120.00 $ s 5.56 $ 125.56 $ s 125.56 RAB HARD PIPED 13A DEWATERING UPPER LEVEL 2 LENSED HIGH BAY 250W MH VIRT 1 15 NEMA4X PENDANT, 25 1G, 4 WAY, EPB REPLACE FIXTURES LITHONIA FHE 12000LM ACL ND NEMA4X 15 95 $ 3,000.00 $ 7,614.00 s 41 .67 $ 10,655.67 $ 1,528.80 $ 9,126.87 HARD PIPED MVOLT GZ10 SOK SOCRI FHEEMK Existing is 1 triple button push button explosion proof control. Retrofit or replace existing switch boxes to REPLACE SWITCHES, ·v ER1FY accomadate 2 PTS tlmers. Wire new fixtures so that 5 138 DEWATERING UPPER LEVEL 2 LENSED HIGH BAY LIGHT LEVEL CAN REDUCE TO PTS 720 2 fixtures are on each PTS timer and wire 5 fixtures tor $ 390.00 $ 202.10 s -s 592.1 0 $ $ 592.10 MINIMUM 0.1 FOOT CANDLES continues operation. Install new NEMA 4x switch cover to protect timers. Verify safe light levels for walk through lighting when sensored fixtures are in off position. ""VERIFY EMERGENCY LIGHTING ""IF APPLICABLE , PROVIDE PRICE TO REWIRE 14A DEWATERING UPPER LEVEL 2 FROG EYE BATIER HALOGEN 2 4 NEMA4X WALL B BATIERY BACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT $ $ $ -$ s $ -BACKUP ARE ON A DEDICATED ON 24f7 EMERGENCY LI GHTING CIRCUIT BATIERIES CHARGE WHEN LIGHTS ARE OFF. 15A DEWATERING UPPER LEVEL 2 EXIT 15WINC 2 2 NEMA4X WALL B REPLACE FIXTURES LITHONIA LV S 1G120n.77 4X NEMA4X 2 2 s 80 .00 $ 531 .10 $ -$ 611 .10 $ 65.00 $ 546.10 -VERIFY EMERGENCY LIGHTING .. IF APPLICABLE, PROVIDE PRICE TO REWIRE 158 OEWATERING UPPER LEVEL 2 EXIT BATIERY BACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT $ $ -$ s -$ $ ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT BATIERIES CHARGE WHEN LIGHTS ARE OFF. ~ 16A DEWATERING LOCKED ROOM 1 X4X2 TURRET F32T8/41 2 4 NEMA1 CEILING, B 1G RELAMP REBALLAST CREE UR4840KFDLB2, NEMA1 4 44 $ 140.00 s 409.75 $ 2.13 $ 551 .88 s 104.00 s 447.88 HARD PIPED UR24845l 10VFODR 168 DEWATERING LOCKED ROOM 1X4X2 TURRET REPLACE SWITCHES (~s ~ 1 Install new wall switch sensor $ 25.00 $ ~ )s -$ 75.53 $ 19.50 s 56.03 ....._ 17A DEWATERlNG MIDDLE ROOM 1X4X2 TURRET F32T8/41 2 3 NEMA 1 CEILING, 8 RELAMP REBALLAST CREE UR4840KFDLB2, NEMA1 3 44 $ 105.00 s 307.31 $ 1.60 $ 413.91 $ 78.00 $ 335.91 HARD PIPED UR24845L 1 OVFDDR 178 DEWATERING MIDDLE ROOM 1X4X2 TURRET REPLACE SWITCHES (ws 0 1 Install new wall switch sensor $ 25.00 s c~ $ $ 75.53 $ 19.50 s 56.03 1BA DEWATERING BLUE TANK ROOM LENSED H1GH BAY 250W MH VIRT 1 12 NEMA4X PENDANT, 25 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FHE 12000LM ACL NO NEMA4X 12 95 $ 2 ,400.00 s 6,091 .20 $ 33.33 $ 8,524.53 $ 1,223.04 $ 7,301 .49 HARO PIPED MVOL T GZ10 SOK SOCRI FHEEMK 2 sets or lever switches at each entrance existing. One door has a double gang box and the other door has 2 single gang boxes. Retrofit or replace existing REPLACE SWITCHES, •VERIFY switch boxes to accomadate 4 PTS timers. Wire new 188 DEWATER ING BLUE TANK ROOM LENSED HIGH BAY LIGHT LEVEL CAN REDUCE TO PTS 720 4 fixtures so that 9 fixtures are tied to the PTS timers s 180.00 s 40420 s s 584.20 $ -s 584.20 MINIMUM 0 .1 FOOT CANDLES and wire 3 fixtures to stay on 24ff Install new NEMA 4x switch cover to protect timers. Verify safe light levels for walk through lighting when sensored fixtures are in off position. ••VERIFY EMERGENCY LIGHTING ••1F APPLICABLE, PROVIDE PRICE TO REWIRE 19A DEWATERING BLUE TANK ROOM EXIT SELF LUMINOUS 1 1 NEMA4X WALL 8 BAITERY BACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT $ -$ -s $ -$ -$ ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT BAITERIES CHARGE WHEN LIGHTS ARE OFF. ••VERIFY EMER GENCY LIGHTING ••tF APPLICABLE, PROVIDE PRICE TO REWIRE ; 20A OEWATERING BLUE TANK ROOM EM-LITHONIA HALOGEN 2 4 NEMA4X WALL 8 BAITERY BACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT s -$ -$ s -$ -s NEMA4X ARE ON A DEDICATED ON 24f7 EMERGENCY LI GHTING CIRCUIT BAITERIES CHARGE WHEN LIGHTS ARE OFF. 21A DEWATERING TRUCKBAY#1 LENSED LOW BAY 250W MH V1RT 1 5 NEMA4X BOX, 15 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FHE 12000LM ACL MO NEMA4X 5 95 $ 800.00 s 2,485.13 $ 13.89 s 3.299.01 $ 509.60 $ 2,789.41 PENDANT MVOL T GZ10 SOK 80CRI FHEEMK 1 existing switch. Retrofit or replace existing switch box to accomadate 1 PTS timer. Wire ne-N fixtures so REPLACE SWITCHES, "VERIFY that 4 fixtures are tied to the PTS timer and wire 1 218 DEWATERING TRUCK SAY#1 LENSED LOW BAY LIGHT LEVEL CAN REDUCE TO PTS 720 2 fixture to stay on 24f7. Install new NEMA 4x switch $ 90.00 $ 202.10 s $ 292.1 0 $ $ 292.10 MINIMUM 0.1 FOOT CANDLES cover to protect timers. Verify safe light levels for walk through lighting when sensored fixtures are in off position. . ""VERIFY EMERGENCY LIGHTING ""IF APPLICABLE, PROVIDE PRICE TO REWIRE 21C DEWATERING TRUCK BAY#1 LENSED LOW BAY BAITERY SACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT s -$ $ -$ s $ -ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT BAITERIES CHARGE WHEN LIGHTS ARE OFF. 22A DEWATER ING TRU CK SAY#2 LENSED LOW BAY 250W MH VIRT 1 4 NEMA4X BOX, 15 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FHE 12000LM ACL MD NEMA4X 4 95 s 640.00 $ 1,988.10 $ 11 .11 s 2 ,639.21 $ 407.68 $ 2,231 .53 PENDANT MVOLT GZ10 SOK 80CRI FHEEMK "VERIFY LIGHT LEVEL CAN There are 4 double push button explosion proof 228 DEWATER ING TRUCK BAY#2 LENSED LOW BAY REDUCE TO MINIMUM 0.1 FOOT switches that control 22A and 23AS No controls for $ $ -$ s -s $ CANDLES this area Install "please tum lights off sign when leaving area" . .. VERIFY EMERGENCY LIGHTING .,.IF APPLICABLE, PROVIDE PRICE TO REWIRE 22C DEWATERING TRUCKBAY#'2 LENSED LOW SAY SAITERY SACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT $ -$ -s $ -s $ ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT SAITERIES CHARGE WHEN LIGHTS ARE OFF. .. 23A OEWATERING TRUCK BAY #3 LENSED LOW BAY 250W MH VIRT 1 5 NEMA4X BOX. 15 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FHE 12000LM ACL MD NEMA4X 5 95 $ 800.00 $ 2 ,485.13 s 13.89 $ 3,299.0 1 $ 509.60 $ 2,789.4 1 PENDANT MVOL T GZ10 SOK 80CRI FHEEMK "VERIFY LIGHT LEVEL CAN There are 4 double push button explosion proof 238 DEWATERING TRUCK BAY #3 LENSED LOW BAY REDUCE TO MINIMUM 0 .1 FOOT switches that control 22A and 23AS No controls for s $ -$ $ $ s CANDLES this area. Install Mple ase turn lights off sign when leaving area" . .. VERIFY EMERGENCY LIGHTING ""IF APPLICABLE, PROVIDE PRICE TO REWIRE 23C DEWATERING TRUCK BAY #3 LENSED LOW BAY BAITERY SACK UP FIXTURES EMERGENCY LIGHT FIXTURES SO THAT $ -$ s s -$ $ -ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT BA ITERIES CHARGE WHEN LIGHTS ARE OFF. 24A DEWATERING MPIPE" BAY #4 LENSED LOW BAY 250W MH VIRT 1 10 NEMA4X BOX, 15 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FH E 12000LM ACL MO NEMA4X 10 95 $ 1,600.00 $ 4 ,970.25 $ 27.78 $ 6 ,598.03 $ 1,019.20 $ 5,578.83 PENDANT MVOL T GZ10 SOK 80CRI FHEEMK T here are 2 push button double gang lever switches at each entrance. Retrofit or replace existing switch boxes to accomadate 2 PTS timers and 2 toggle REPLACE SWITCHES, ·ve RIFY switches. Wire new fixtures so that 6 fixtures are tied 248 OEWA TERING ~P IPE" BAY #4 LENSED LOW BAY LI GHT LEVEL CAN REDUCE TO PTS 720 2 to the PTS timers and wire 4 fixtures for continues $ 90.00 $ 202.10 $ . $ 292.10 $ s 292 .10 MINIMUM 0 .1 FOOT CANDLES operation. One for each entrance. Install new NEMA 4x switch cover to protect timers and switches. Verify safe light levels for walk through lighting when sensored fixtures are in off position. 24C DEWATERING MP IPE" BAY #4 EXIT 15WINC 2 3 NEMA4X WALL 8 REPLACE FIXTURES LITHONIA LV S 1G1201277 4X NEMA4X 3 2 $ 120.00 $ 796.65 $ . $ 916.65 $ 97.50 s 819.15 0 VERIFY EMERGENCY LIGHTING -1F APPLICABLE, PROVIDE PRICE TO REWIRE 240 DEWATERING KPIP E" BAY #4 EM -LITHONIA HALOGEN 2 2 NEMA4X WALL 8 BATTERY BACK UP FIXTURES EMERGENCY LI GHT FIXTURES SO THAT s . $ . $ $ . $ . $ NEMA4X ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING C IRCUIT BATTERIES CHARGE WHEN LIGHTS ARE OFF. 25A DEWATERING JANITOR 1X4X2 TURRET F32T8/41 2 1 NEMA1 0 0 RELAMP REBALLAST CREE UR4840KFDLB2. NEMA1 1 44 $ 35.00 $ 102.44 $ 0.53 $ 137.97 $ 26.00 $ 111.97 UR24845L 1 OVFODR 26A DEWATERING OFFICE 2X2X2 PRISMATIC F40T5 BIAX 2 2 NEMA1 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ 1 L P840 N80 NEMA1 2 39 $ 150.00 $ 336.05 $ 4 .44 $ 490.49 .$ 130.00 $ 360.49 568 DEWATERING OFFICE 2X2X2 PRISMATIC REPLACE SWITCHES WSX-PDT 1 Install new wall switch sensor $ 25.00 $ 79.90 $ . $ 104.90 $ 19.50 $ 85.40 27A DEWATERING POLYMER ROOM 1X4X2 VAPOR TIGHT F32T8/41 2 7 CEILING, 12 1G, 3 WAY, EPB REPLACE FIXTURES LITHONIA FEM4 LED 4L 57 IMAFL 16 61 $ 2,560.00 s 3,534 .40 $ 8.53 $ 6 ,102 .93 $ $ 6 ,102.93 HARD PIPED T here are 2 double push button switches existing Retrofit or replace existing switch boxes to REPLACE SWITCHES, •VERIFY accomadate 2 PTS timers and 2 toggle switches 278 DEWATERING POLYMER ROOM 1X4X2 VAPOR T IGHT LIGHT LEVEL CAN REDUCE TO PTS 720 2 Wire new fixtures so that 9 fixtures are tied to the 2 $ 90.00 $ 202.10 $ $ 292 .10 $ s 292.10 MINIMUM 0.1 FOOT CANDLES PTS timers and wire 7 fixtures for continues operation. Install new NEMA 4x switch cover t o protect timers and switches. Verify safe light levels for walk through ~ lighting when sensored fixtures are in off position. ·.~ **VERIFY EMERGENCY LI GHTING 270 OEWATERING POLYMER ROOM EM-LITHONIA HALOGEN 2 2 WALL 6 BATTERY BACK UP FI XTURES -VERIFY EMERGENCY LIGHTING BATTERES $ . $ . $ $ . $ $ NEMA4X ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS O FF EMERGENCY LIGHTING CIRCUIT 26A DEWATER ING ELECTRICAL ROOM 1X4X2 TURRET F32T8/41 2 9 NEMA 1 PENDANT, 6 1G , 3 WAY, EPB RELAMP REBALLAST CREE UR4840KFDLB2, NEMA1 9 44 $ 3 15 .00 $ 921.93 $ 4.80 $ 1,241.73 $ 234.00 $ 1,007.73 HARD PIPED UR24845L 10VFDDR There are 2 switches existing. Retrofit or replace REPLACE SWITCHES, •VERIFY existing switch box to accomadate 1 PTS timer and 1 '" 268 DEWATERING ELECTRICAL ROOM 1X4X2 TURRET LIGHT LEVEL CAN REDUCE TO PTS 720 2 toggle switch. Wire new fixtures so that 7 fixtures are $ 90.00 $ 96.35 s $ 186.35 s . $ 186.35 MINIMUM 0.1 FOOT CANDLES tied to the PTS timer and wire 2 fixtures for continues "'' operation . Verify safe light levels for walk t hrough lighting when sensored fixtures are in off position. 0 VERIFY EMERGENCY LIGHTING 26C DEWATERING ELECTRICAL ROOM EM-BATTERY HALOGEN 2 1 NEMA 12 WALL 6 BATTERY BACK UP FIXTURES .,.VERIFY EMERGENCY LIGHTING BATTERES $ $ $ . $ $ $ . ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 29A DEWATERING HALLWAY 6" RECESSED CAN R30 CFL 1 4 NEMA1 RECESSED 6 1G, 3WAY REPLACE FIXTURES GE RC610840WDSDCLMR1V10 NEMA1 4 15.5 $ 240.00 s 548.60 $ 4 .44 s 793.05 $ 182.00 $ 611 .05 "' 0 VER IFY EMERGENCY LI GHTING 298 DEWATERING HALLWAY EM-FROGEYE HALOGEN 2 1 NEMA1 WALL 6 BATTERY BACK UP FIXTURES NEMA1 1 -vERIFY EMERGENCY LIGHTING BATTERES s 120.00 $ . s 2.78 s 122.78 $ $ 122.78 ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 30A DEWATER ING RESTROOM 1X4X2 PARABOLIC F32T8/41 2 1 NEMA 1 WALL 6 1G REPLACE FIXT URES LITHONIA WL4 40L EZ1 LP840 NEMA1 1 39.5 $ 80.00 s 226.78 $ 0.27 $ 307.04 $ . s 307.04 . · 308 OEWATERING RESTROOM 1X4X2 PARABOLIC REPLACE SWITCHES WSX-2P 1 Wire in new wall switch sensor. 1 leg will control $ 25.00 $ 88.13 $ $ 113.13 $ 19.50 s 93.63 lights and 1 wilt control the fan. 31A DEWATERING STAIRS 1X4X2 PARABOLIC F32T8/41 2 1 NEMA1 WALL 6 REPLACE FIXTURES LITHONIA WL4 40L EZ1 LP840 NEMA1 1 39.5 s 80.00 $ 226.78 s 0 .27 $ 307.04 $ s 307.04 318 DEWATERING STAIRS 8" RECESSED CAN 26WCFL QUAD 2 2 NEMA1 RECESSED 6 REPLACE FIXT URES GE RC810840WDSDCLMR1V10 NEMA1 2 15.5 $ 120.00 $ 274 .30 $ 4 .44 $ 398.75 s 9 1.00 $ 307.75 -vERIFY EMERGENCY LIGHTING 31C DEWATERING STAIRS EM -FROGEYE HALOGEN 2 1 NEMA 1 WALL 6 BATTERY BACK UP FIXTURES .. VERIFY EMERGENCY LIGHTING BATTERES s $ . s $ . $ ~ . $ ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 32A DEWATERING OFFICE #1 2X2X2 PRISMAT IC F40T5 BIAX 2 4 NEMA1 RECESSED 6 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1l NEMA1 3 39 $ 225 .00 s 504.08 s 6 .67 s 735.74 s 195.00 $ 540.74 P840 N80 328 DEWATERlNG OFFICE #1 2X2X2 PRISMATIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 s 2 .22 $ 295.77 $ 91 .00 $ 204.n LP840 N80 NESPDT7 "" 32C DEWATERING OFFICE #1 2X2X2 PR1SMA TIC REPLACE SWITCHES LITHONIA nPODM 1 Install nPODM OX $ 60.00 $ 75 .20 s $ 135.20 $ . $ 135.20 DX 33A DEWATERING OFFICE#2 2X2X2 PR1SMA TIC F40T5 BIAX 2 4 NEMA1 RECESSED 6 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L NEMA 1 3 39 $ 225.00 $ 504.08 $ 6 .67 $ 735.74 $ 260.00 $ 475.74 P840 NBO 338 DEWATERING OFFICE #2 2X2X2 PRISMATIC REPLACE SWITCHES LITHONIA 2BL T2 40L ADPT EZ1 1 INTEGRATED 1 $ 75.00 s 218.55 s 2 .22 $ 295.77 $ 9 1.00 s 204.n LP840 N80 NESPDT7 33C DEWATERING OFFICE #1 2X2X2 PRISMATIC REPLACE SWITCHES RIGA.LITE NEMA 7, NEMA 4X, BOX, BA METHANOL INSIDE SAF17H04 175W MH VIRT 1 6 CLASS 1, DIV. 2 PENDANT 12 1G, 3 WAY, EPB REPLACE FIXTURES .,.VERIFY EMERGENCY LI GHTING BB METHANOL INSIDE RI G-A-LIT E BATTERY BACK UP FIXTURES SAF17H04 ARE ON A DEDICATED ON 24f7 EMERGENCY LIGHTING CIRCUIT 34A OENITE 3RD FLOOR ROOF FLOOD SOOW QUARTZ 1 12 CONDUIT 4 0 0 REPLACE FIXTURES 35A DENITE 3RD FLOOR ROOF POST TOP AREA 17SW MH VlRT 1 31 POST TOP 10 0 0 REPLACE FIXTURES 36A DENITE PJT BELOW -2ND FLOOR POST TOP AREA 175W MH VIRT 1 5 POST TOP 10 REPLACE FIXTURES 37A DENITE CLASSROOM 2X2X2 PRI SMATIC F40TS BIAX 2 15 RECESSED B 1G, 3WAY REPLACE FIXTURES 378 DENITE CLASSROOM 2X2X2 PRISMATIC REPLACE FIXTURES 37C DEN ITE CLASSROOM 2X2X2 PRISMATIC REPLACE SWITCHES *"VERIFY EMERGENCY LIGHTING 370 DENITE CLASSROOM 2X2X2 PRISMATIC F40T5 BIAX BATTERY BACK UP FIXTURES ARE ON A DEDICATED ON 2417 EMERGENCY LI GHTING CIRCUIT 3BA DENITE TOP O F STAIRS 2X2X2 PRISMATIC F40T5 BIAX 2 2 RECESSED 15 REPLACE FIXTURES 39A DENITE SOUTH STAIRS 1X4X2 VAPOR TIGHT F32T8/41 2 4 WALL, HARD B REPLACE FIXTURES PIPED 40A DENITE SOUTH EAST GARAGE -FLOOR #1 HIGH BAY DOME 250W MH VIRT 1 B PENDANT 20 1G, 3WAY REPLACE FIXTURES REPLACE SWITCHES, •VERI FY 408 DENITE SOUTH EAST GARAGE -FLOOR #1 HIGH BAY DOME LIGHT LEVEL CAN RE DUCE TO MINIMUM 0.1 FOOT CANDLES "*VERIFY EMERGENCY LI GHTING 40C DENlTE SOUTH EAST GARAGE -FLOOR #1 EM-FROGEYE HALOGEN 2 2 0 WALL B BATTERY BACK UP F IXTURES ARE ON A DEDICATED ON 2417 EMERGENCY LIGHTING CIRCUIT 41A DENlTE RESTROOM 1X4X2 VAPOR TI GHT F32T8/41 2 1 0 WALL, HARD 6 1G REPLACE FIXTURES PIPED 418 DENITE RESTROOM 1X4X2 VAPOR TIGHT REPLACE SWITCHES 42A DENITE SOUTH WEST ST AIRS 1X4X3 TURRET F32T8/41 3 4 0 PENDANT, 10 1G , 3WAY RELAMP REBALLAST HARD PIPED REPLACE SWITCHES, •VERIFY 428 DENITE SOUTH WEST STAIRS 1X4X3 TURRET LIGHT LEVEL CAN RE DUCE TO MINIMUM 0.1 FOOT CANDLES 0 VERIFY EMERGENCY LI GHTING 42C DENITE SOUTH W EST STAIRS 1X4X3 TURRET BATTERY BACK UP FIXTURES ARE ON A DEDICATED ON 24n EM ERGENCY LIGHTING CIRCUIT 43A OENITE SOUTHEAST BASEMENT LENSED HIGH BAY 250W MH VIRT 1 6 NEMA4X PENDANT, 20 1G, 3WAY REPLACE FIXTURES HARD PIPED NEMA 7, NEMA 4X, AZ..Z SAFR09l2ULFG CLASS 1, DIV. 2 LITHONIA OFL 1 LED P2 SOK MVOL T THK DDBXD LITHONIA MRP LED 42C S30 SOK SRS MVOLTDNAXD LITHONIA MRP LED 42C S30 SOK SRS MVOLT DNAXD LITHONIA 2BLT2 40L ADPT EZ1L P840 N80 LITHONIA 2BL T2 40l ADPT EZ1 LP840 NBO NESPDT7 LI THONIA 2BL T2 40L ADPT EZ1 L P840 N80 LITHONIA FEM4 LED 4L 57 IMAFL LITHONIA FHE 12000LM ACL ND MVOL T GZ10 SOK BOCRI FHEEMK LITHONIA FEM4 LED 4L 57 IMAFL CREE UR4840KFDLB3, UR34845L 1 OVFDDR LITHONIA FHE 12000LM ACL ND NEMA4X MVOLT GZ10 50K 80CRI FHEEMK 6 70 12 49 31 75 5 75 13 39 2 39 2 39 4 61 B 95 1 61 4 66 6 95 LITHONIA nPOOM DX INTEGRATED LITHONIA nPODM DX PTS 720 WSX-2P PTS 60 . 2 2 2 1 2 Install nPODM OX 2 Exploslion proof switches exist at each door. No controls for this area. In stall "please turn lights off $ sign when leaving area-. ... IF APPLICABLE, PROVIDE PRICE TO REWIRE EMERGENCY LIGHT FIXTURES SO THAT $ BATTERIES CHARGE WHEN LIGHTS ARE OFF. $ $ $ $ $ Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduit where applicable and install new conduit where necessary Remove existing tine voltage wiring and cap offf at $ appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. Program or wire lights so that 1 fixture stays on 2417 -vERIFY EMERGENCY LIGHTING BATTERES $ CHARGE WHEN LIGHTS OFF $ $ $ There are 2 switches existing . Retrofit or replace existing switch box to accomadate 2 PTS t imers. Wire :: :~r;sfi~u~:\! ~:~~e~:;; ~ii~u~~.the:;~~ t~:,: $ light levels for walk through lighting when sensored fixtures are in off position . -vERlFY EMERGENCY LIGHTING BATTERES $ CHARGE WHEN LI GHTS OFF $ Wire in 2 pole wall switch sensor to control tights and $ fan seperately. $ T here are 2 existing lever switches. Retrofit or replace existing switch box to accomadate 2 PTS t imers. Wire new fixtures so that 3 fixtures are tied to $ the PTS timer and wire 1 fixtures to be on 2417 circuit Verify safe light levels for walk through lighting when sensored fixtures are in off position -VERIFY EMERGENCY LIGHTING BATTERES $ CHARGE WHEN LIGHTS OFF $ 60.00 I s 75.20 $ $ 135.20 I s -Is 135.20 I PERMIT FEE $ 50.00 I BOND $ 872.62 CENTRATE, DEWATERING I TAXES $ 1,179.77 TOTAL PRICE s 59,097.24 720.00 $ 4,266.31 $ 16.67 $ 5,002.98 $ 433.68 $ 4,569.30 4 ' $ -$ -s $ ·-$ - i .. 720.00 $ 2,1 29.10 $ $ 2 ,849.10 $ 2 ,876.64 s (27 .54) 3,720.00 $ 38,683 .35 $ 86.11 $ 42,489.46 $ . -$ 42 ,489.46 600.00 $ 6,239.25 $ 13.89 $ 6,853.14 $ -$ 6,853.14 ... 975.00 $ 2,184.33 $ 28.89 $ 3,188.21 s 845.00 $ 2,343.21 150.00 $ 437.10 $ 4 .44 $ 591.54 $ 182.00 $ 409.54 120.00 $ 150.40 $ $ 270.40 $ $ 270.40 !!;';: ft $ $ . -$ $ $ - 150.00 $ 336.05 $ 4 .44 $ 490.49 $ 130.00 $ 360.49 480.00 $ 883.60 $ 2.13 $ 1,365.73 $ -$ 1,365.73 1,440.00 $ 4 ,060.80 $ 22.22 $ 5,523 .02 $ 8 15.36 $ 4,707.66 90.00 $ 202.10 $ ' $ 292 .10 $ -$ 292.10 -$ $ -$ -$ -$ - 120.00 $ 220.90 $ 0.53 $ 341 .43 $ -$ 341.43 25.00 $ 88.13 $ $ 113.13 $ 19.50 $ 93.63 140.00 $ 607.08 $ 3.20 $ 750.28 $ 156.00 $ 594.28 90.00 $ 96.35 $ $ 186.35 $ $, 186.35 "' $ -$ $ $ -$ ' 1,080.00 $ 3,045.60 $ 16.67 $ 4,142.27 $ 611 ,52 $ 3,530.75 This note applies to everything from 43A down to 50A. There are 4 lever switches for this entire area. Retrofrt REPLACE SWITCHES, •VERIFY or replace existing switch boxes to accomadate 4 PTS 438 DENITE SOUTHEAST BASEMENT LENSED H IGH BAY LI GHT LEVEL CAN REDUCE TO PTS 720 4 timers. Wire new fixtures so that 18 high bay fixtures $ 180.00 $ 404.20 $ $ 584.20 s $ 5&4 .20 MINIMUM 0 .1 FOOT CANDLES and 5 wall packs are co ntrolled by the PTS switches. Wire 7 fi xtures to be on a 24f7 night light circuit Verify safe light levels for walk through fighting when sensors are in the off position . .. VERIFY EMERGENCY LIGHTING 43C DENITE SOUTHEAST BASEMENT EM . LITHONIA CMH 2 1 NEMA4X WALL 8 BATIERY BACK UP F IXTURES .. VERIFY EMERGENCY LI GHTING BATTERES s . $ s $ $ $ . NEMA4X ARE ON A DEDICATED ON 24f7 CHARGE WHEN LI GHTS OFF EMERGENCY LIGHTING CIRCUIT 44A DENITE SOUTH, CENTER BASEMENT WALL PACK 100WMH HOR 1 1 NEMA4X WALL 8 REPLACE FIXTURES LITHONIA FEM4 LED 4L 57 IMAFL NEMA4X 1 6 1 s 160.00 s 220.90 $ 2.78 $ 383.68 s s 383.68 45A DENI TE SOUTHWEST BASEMENT LENSED HIGH BAY 250W MH VIRT 1 5 NEMA4X PENDANT, 20 REPLACE FIXTURES LITHONIA FHE 12000LM ACL ND NEMA 4X 5 95 s 900.00 s 2 ,538.00 s 13.89 s 3,451 .89 s 509.60 s 2,942.29 HARD PIPED MVOL T GZ10 SOK BOCR I FHEEMK •VERIFY LIGHT LEVEL CAN 458 DENITE SOUTHWEST BASEMENT LENSED HIGH BAY REDUCE TO MINIMUM 0.1 FOOT REFER TO COMMENTS IN LINE 43B s s . s . s s s . CANDLES !'! .. VER IFY EMERGENCY LIGHTING 45C DENITE SOUTHWEST BASEMENT LENSED HIGH BAY BA TIE RY BACK UP FIXTURES 0 VERIFY EMERGENCY LI GHTING BATIERES s . s $ . $ $ $ . ARE ON A DEDICATED ON 24f7 CHARGE W HEN LI G HTS OFF EMERGENCY LIGHTING CIRCUI T 46A DENITE MAIN BAY LENSED HIGH BAY 250W MH VIRT 1 14 NEMA4X PENDANT 20 REP LACE FI XTURES LITHONIA FHE 12000LM ACL NO NEMA4X 14 95 s 2 ,520.00 $ 7,106.40 $ 38.89 $ 9,66529 s 101 .92 $ 9 ,563.37 MVOLT GZ10 SOK BOCRl FHEEMK •VERIFY LI GHT LEVEL CAN 468 OENITE MAIN BAY LENSED HIGH BAY REDUCE TO MINIMUM 0 1 FOOT REFER TO COMMENTS IN LINE 43B $ . $ $ $ s . s CANDLES -vERIFY EM ERGENCY LIGHTING 46C OENITE MAIN BAY LENSED HIGH BAY BATIERY BACK UP FIXTURES -veRIFY EMERGENCY LIGHTING BATIERES $ . $ . $ s . $ s ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 47A OENITE MAJN BAY 1XBX4 VAPOR TIGHT F32T8/41 4 2 NEMA 4X CHAIN, HARD 8 REPLACE FIXTURES LITHONIA FEMS LEO 6L57 IMAFL NEMA4X 2 78 $ 200.00 $ 728.50 s 2 .13 $ 930.63 $ $ 930.63 PI PED HC36 Ret rofit or replace existing switch boxes to 478 OENI TE MAIN BAY 1XBX4 VAPOR TIGHT REPLACE SWITCHES PTS 720 2 accomadate 2 PTS timers. Each fixture will have its $ 90.00 $ 202 .10 $ . s 292.10 $ $ 292.10 own timer and will be onloff 48A DEN ITE MAIN BAY WALL PACKS 100W MH HOR 1 4 NEMA 4X W~~p~~RD 10 REPLACE FIXTURES LITHONIA FEM4 LED 4L 57 IM AFL NEM A 4X 4 61 $ 640.00 $ 883.60 $ 11 .11 $ 1.,534.7 1 $ $ 1,534.71 0 VERIFY EMERGENCY LIGHTING 49A DENITE MAIN BAY EM ~EL~HixNIA CMH 2 6 NEMA 4X WALL 8 ::[6E:1 ~~g~~~:6x~~~~~ -vERIF~~:~~~~;NL~~G~~~Go~~TIERES $ -$ -$ $ $ -$ - EM ERGENCY LIGHTING CIRCUIT 50A DENITE NORTHWEST STAIRS 1X4X2 VAPOR TI GHT F32T8/4 1 2 5 WA~~p~D 8 REPLACE FIXTURES LITHONIA FEM4 LED 4L 57 IMAFL 5 61 $ 600.00 $ 1,104.50 c$ 2 .67 $ 1,707.17 $ • $ 1,707.17 51A DEN ITE MAIN FLOOR ELECTRICAL 1X4X3 TURRET F32T8/41 3 12 PEND ANT 8 RELAMP REBALLAST C~~~~~;~~~~g~~3 · 12 66 $ 420.00 $ 1,821 .25 $ 9 .60 $ 2,250.85 $ 468.00 $ 1,782.85 There are 2 exi sting switches. Retrofit or replace REPLACE SWITCHES *VERIFY existing switch box to accomadate 2 PTS timers. Wire 51B DENITE MAIN FLOOR ELECTRICAL 1X4X3 TURRET LIGHT LEVEL CAN RE'ouce TO PTS 720 2 -new fixtur~s so that 9 fixtures are tied .10 t~e PTS . $ 90.00 $ 96.35 $ -$ 186.35 $ • $ 186.35 MIN IMUM 0 _ 1 FOOT CANDLES timers an~ Wire 3 fixtures lo be on 24'! c1~cuit. Verify safe hght levels fo r walk through hght1ng when sensored fixtu res are in off pos ition. ;; .. VERIFY EMERGENCY LIGHTING 51C DENITE MAIN FLOOR ELECTRICAL 1X4X3 TURRET :;~:1 ~~g~~~:6x~~~~~ .. VERIF6~~~~~~;NL~~;~~~Go~~TIERES $ -$ -$ -$ $ -$ EMERGENCY LIGHTING CIRCUIT 52A DENITE MIDDLE STAIRS 1X4X2 VAPOR TI GH T F3 2T8/4 1 2 5 WALL 8 REPLACE FIXTURES LITHONIA FEM4 LED 4L 57 IM AF L 5 61 $ 600.00 $ 1,104.50 $ 2.67 $ 1,707 .17 $ $ 1,707.17 PERMIT FEE $ 50.00 BOND $ 1,,492.90 METHANOL, DENITE TAXES $ 2,382.92 j ""' TOTAL PRICE $ 101,069.50 ' **VERIFY EMERGENCY LIGHTING 53A ADMINISTRATION AIR LOCK EM-FROGEYE HALOGEN 2 , WALL 6 EM BATIERY BACK UP FI XTURES .. VERIFY EMERGENCY LIGHTING BATIERES $ -$ -$ $ -$ $ ARE ON A DEDICATED ON 2417 CHARGE WHEN LI GHTS OFF EM ERGENCY LIGHTING CI RCUIT 54A ADMINISTRATION LOBBY 1 XSX4 SUSPENDED F34T12 4 2 SUSPENDED 15 1G RELAMP REBALLAST CREE UR4840KFDLB2, 4 68 $ 140.00 $ 409.75 $ 2.13 $ 551 .88 $ 187.20 $ 364.68 TUBE UR24845L 10VFOOR .. VERIFY EMERGENCY LIGHTING .. 548 ADMINISTRATION LOBBY EXIT FLU ORESCENT , 1 WALL 6 EM BATIERY BACK UP FIXTURES **VERIFY EMERGENCY LIGHTING BATIERES $ -$ $ -$ -$ -$ -ARE ON A DEDICATED ON 2417 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 55A ADMINISTRATION LO BBY CLOSET SH RECESSED CAN 26WCFL QUAD 2 1 RE CESSED 8 1G REPLACE FIXTURES GE RC810840WDSDCLMR1V10 1 15_5 $ 60.00 $ 137.1 5 $ 2.22 $ 199.37 $ 45.50 $ 153.87 HOR CAN 56A ADMINISTRATION STORAGE SERVER 1X4X2 TURRET F34T12/CWRS 2 3 CEILING 7 1G RELAM P REBALLAST CREE UR4840KFDLB2, UR24845L 10VFDDR 3 44 $ 105.00 $ 307.31 $ 1.60 $ 413.91 $ 140.40 $ 273.51 568 ADMINISTRATION STORAGE SERVER 1X4X2 TURRET REPLACE SWITCHES (~sx J 1 Install new wall switch sensor $ 25 .00 $ ( 50.53 $ -$ 75.53 $ 19.50 $ 56.03 57A ADMINISTRATION 2ND FLOOR SERVER ROOM 2X2X3 PARABOLIC F17T8fTU35 3 2 RECESSED 8 Bl-LEVEL, 211, 3 REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1L WAY P840 NBD , 39 $ 75 .00 $ 168.03 $ 0.40 $ 243.43 $ 65.00 $ 178.43 578 ADMINISTRATION 2ND FLOOR SERVER ROOM 2X2X3 PARABOLIC REPLACE FIXTURES LI THONIA 2BL T2 40L ADPT EZ1 1 39 $ LP840 N80 NESPOT7 75.00 $ 218.55 $ 0.40 $ 293.95 $ 91 .00 $ 202.95 56A ADMINISTRATION 2ND FLOOR RECORDS STORAGE FILE 2X2X3 PARABOLIC F17T8fTU35 3 28 RECESSED 8 TTA REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 L 24 39 $ 1,800.00 $ 4 .032 .60 $ 9.60 $ 5,842.20 $ 1,560.00 $ 4 ,282.20 ROOM P840 N80 588 ADMINISTRATION 2ND FLOOR RECORDS STORAGE FILE 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 4 39 INTEGRATED 4 $ 300.00 $ 874.20 $ 1.60 $ 1,175.80 $ 364.00 $ 811 .80 ROOM LP840 NSO NESPDT7 Network all ne-.v fixtures in this area together with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures . Blank off bottom swi tch. For the switch at the top of the sta irs utilize existing conduit b '" II l "Where applicable and install nfm condu it where necessary. Remove existing line voltage wireing and ca p off at the appriate location. Install new cat 5 cable SBC ADMINISTRATION 2ND FLOOR RECORDS STORAGE FILE 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 lo the switch location. Install nfm switch and switch $ 60.00 $ 75.20 $ $ 135.20 $ $ 135.20 ROOM ox plate_ Blank off the 2nd switch with new switch cover. Program and wire lighting so that the 2 fixtures in the server room are tied to their own motion sen sor and I.• are controlled seperately from the rest of the room ~ l ' Program and wire one fixture above the stairwell to I , l stay on at 100% 24n. Wire rem aining fixtures in the ' . room to 3 reemaining sensored fixtures so that all are controlled together as on/off. .. ' **VE RIFY EMERGENCY LIGHTING 580 ADMINISTRATION 2ND FLOOR RECORDS STORAGE FILE 2X2X3 PARABOLIC BA TIE RY BACK UP FI XTURES **VERIFY EMERGENCY LI GHTING BATIERES $ -$ -$ $ $ $ ROOM ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 59A ADMINISTRATION 2ND FLOOR ELEC TRICAL 1 XSX2 TURRE T F96T12HO 2 4 ON TRACK 10 1G RELAMP REBALLAST CREE UR4840KFDLB2, 8 UR24845L 10VFDOR 88 $ 280.00 $ 819.49 $ 4 .27 $ 1,103.76 $ 208.00 $ 895.76 59B ADMINISTRATION 2ND FLOOR ELECTRICAL 1X8X2 TURRET REPLACE SWITCHES PTS 60 1 In stall new PTS switch. Wire 1 fixture to stay on 24f7 at entrance to area. $ 285.00 $ 48.18 $ $ 333.18 s s 333.18 60A ADMINISTRATION 2ND FLOOR ELECTRICAL EXIT 15W 2 1 WALL 8 EM REPLACE FIXTURES LITHONIA LQM S 3 G 1201277 1 1 s 25.00 s 52.88 s $ n .88 s 32 .50 s 45.38 INCANDESCENT 61A ADMINISTRATION 2NO FLOOR FURNACE ROOM 1X8X2 TURRET F96T12HO 2 8 All THREAD 10 2G2B RELAMP REBALL.AST CREE UR4840KFDL82, 16 88 $ 560.00 s 1,638.99 $ 8.53 s 2,207.52 s 416.00 $ 1,791.52 UR24845L 10VFDDR 61B ADMINISTRATION 2NO FLOOR FURNACE ROOM 1X6X2 TURRET REPLACE SWITCHES PTS 720 1 Install new PTS switch . Wire 1 fixture to stay on 24f7 s at entrance to area. 285.00 $ 48 .18 $ $ 333.18 s -$ 333.18 62A ADMINISTRATION 2ND FLOOR FURNACE ROOM 1X4X2 INDUSTRIAL F32T8141 2 10 CEILING, 10 TIA RELAMP REBALLAST CREE UR4840KFDL82, 10 44 $ 350.00 $ 1,024.37 s 5.33 $ 1,379.70 s 260.00 $ 1,119.70 HARD PIPED UR24845L 1 OV FDDR *VERIFY LI GHT LEVEL CAN '"IF APPLICABLE, PRO VIDE PRICE TO REWIRE 62B ADMINISTRATION 2ND FLOOR FURNACE ROOM 1X4X2 INDUSTRIAL REDUCE TO MINIMUM 0 .1 FOOT FI XTURES SO THAT LI GHT LEVELS CAN BE s $ $ s $ $ - CANDLES REDUCDEO TO 0 .1 FC MINIMUM **VERIFY EMERGENCY LIGHTING 62C ADMINISTRATION 2ND FLOOR FURNACE ROOM 1X4X2 INDUSTRIAL BATIERY BACK UP FIXTURES *"VERIFY EMERGENCY LIGHTING BATIERES s $ -$ -$ -$ $ ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 63A ADMINISTRATION 2ND FLOOR FURNAC E ROOM 1X8X2 TURRET F96T12HO 2 3 All THREAD 10 2G2B REL.AMP REBALLAST CREE UR4840KFDLB2, UR24845l 10VF DDR 6 88 $ 210.00 $ 614.62 $ 3.20 $ 827.82 s 156.00. $ 671 .82 63B ADMINISTRATION 2ND FLOOR FURNACE ROOM 1X8X2 TURRET REPLACE SWITCHES PTS 720 1 Install new PTS switch. Wire 1 fix1ure to stay on 24n $ at entrance to area 285.00 s 48.18 $ $ 333 .1 8 $ -$ 333.1 8 *"VERIFY EMERGENCY LIGHTING 63C ADMINISTRATION 2NO FLOOR FURNACE ROOM EM-FROGEYE HALOGEN 2 2 WAL L 8 EM BATIERY BACK UP FIXTURES 2 -vERIFY EM ERGENCY LI G HTING BATIERES s 240.00 $ s 5.56 $ 245.56 $ $ 245.56 ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 64A ADMINISTRATION 2ND FLOOR FURNACE ROOM EXIT 15W 2 1 CEILING 8 EM REPLACE FI XTUR ES LITHONIA LQM S 3 G 1201277 1 1 $ 25.00 s 52.88 $ -$ n.88 s 32 .50 $ 45.38 INCANDESCENT 65A ADMJNJSTRA TION ROOF FLOOD 400W HPS HOR 1 1 ROOF 1 EXTERIOR REPLACE FIXTURES LITHONIA OFL 1 LED P2 SOK MVOL T 1 49 s 40.00 $ 177.43 s 2.78 $ 22020 s 195.00 s 25.20 YKDDBXO ··vERIFY EMERGENCY LIGHTING 66A ADMINISTRATION 2ND FLOOR OFFICE EXIT FLUORESCENT 1 2 CEILING 8 EM BATIERY BACK UP FIXTURES 2 .. VERIFY EMERGENCY LIGHTING BATIERES $ 240.00 $ -s 5.56 $ 245.56 $ -s 245.56 ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 67A ADM INISTRATION 2ND FLOOR OFFICE 2X2X3 PARABOLIC F17T81TU35 3 21 RECESSED • Bl-LEVEL, 211 , 3 REPLACE FIXTURES LITHONIA 2BLT2 40l ADPT EZ1l 19 39 s 1,425.00 s 3,192.48 s 7.60 $ 4 ,625.08 $ 1,365.00 $ 3,260.08 WAY P840 N80 67B ADMINISTRATION 2ND FLOOR OFFICE 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2Bl T2 40l ADPT EZ1 5 39 INTEGRATED 5 s 375.00 $ 1,092.75 $ 2.00 $ 1,469.75 $ 455.00 $ 1,014.75 LP840 N80 NESPDT7 Network all new fixtures together in this area with Cat 5 cable so t hat sensored fixtures are tied to non- sensored fixtures. U1ilize ex isting con duit where LITHONIA nPODM applicable and install new conduit where necessary. 67C ADMINIST RATION 2ND FLOOR OFFICE 2X2X3 PARABOLIC REPLACE SWITCHES DX 2 Remove existing line voltage wiring and cap offf at $ 120.00 $ 150.40 $ $ 270.40 $ -$ 270.40 appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. Program and wire so that 2 fixtures stay on 24fl. **VER IFY EMERGENCY LIGHTING 670 ADMINISTRATION 2ND FLOOR OFFICE 2X2X3 PARABOLIC BATIERY BACK UP FIXTURES ••vERIFY EMERGENCY LIGHTING BATIERES $ s $ -$ -s $ -ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LI GHTING C IRCUIT " 68A ADMINISTRATION 2N O FLOOR 0#1 2X2X3 PARABOLIC F17TBITU35 3 3 RECESSED 8 Bl-LEVEL 21 1 REPLACE FIXTURES LITHONIA 2BLT2 40l ADPT EZ1L 2 39 s 150.00 s 336.05 $ 0.80 $ 486.85 $ 130.00 s 356.85 P840 N80 68B ADMINISTRATION 2ND FLOOR 0#1 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 s 75.00 s 218.55 $ 0 .40 $ 293.95 s 91 .00 s 202 .95 LP840 N80 NESPDTI Network all new fixtures together in t his area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduit where 68C ADMINISTRATION 2NO FLOOR 0#1 2X2X3 PARABOLIC REPLACE SWITCHES LI THONIA nPOOM 1 applicable and install new conduit where necessary. s 60.00 $ 75.20 $ $ 135.20 $ s 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches 69A ADMINISTRATION 2ND FLOOR 0#2 2X2X3 PARABOLIC F17TBITU35 3 4 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LI THONIA 2BLT2 40LADPT EZ1L 3 39 $ 225.00 s 504.08 $ 120 $ 730.28 s 195.00 $ 535.28 P840 N80 69B ADMINISTRATION 2ND FLOOR 0#2 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 s 0 .40 s 293.95 $ 91 .00 $ 202.95 LP840 N80 NESPDT7 69C ADMINISTRATION 2NO FLOOR 0#2 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 s 60.00 s 75.20 s -$ 135.20 $ -$ 135.20 DX 70A ADMINISTRAT ION 2ND FLOOR 0#3 2X2X3 PARABOLIC F17T8fTU35 3 4 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 28LT2 40l ADPT EZ1l 3 39 $ 225.00 $ 504.08 $ 120 $ 730.28 s 195.00 $ 535.28 P840 N80 700 ADMINISTRATION 2NO FLOOR 0#3 2X2X3 PARABOLI C REPLACE FI XTURES LITHONIA 28l T2 40L AOPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 s 0.40 $ 293.95 $ 91 .00 $ 202.95 LP840 N80 NESPOT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. U1 ilize existing con du ite where 70C ADMINISTRATION 2NO FLOOR 0#3 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPOOM 1 applica ble and install new conduit where necessary. $ 60.00 $ 75.20 $ -s 135.20 $ $ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install nE!W" switch and switch plate. Blank off any unnecessary switches. 71A AOMtNISTRA TION 2 ND FLOOR 0#4 2X2X3 PARABOLIC F17T8/TU35 3 6 RECESSED B Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 5 39 $ 375.00 $ 840.13 $ 2 .00 $ 1,217.13 $ 325.00 $ 892 .13 P840 N80 718 ADMINISTRATION 2ND FLOOR 0#4 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 $ 91 .00 $ 202.95 LP840 N80 NESPOTI Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non-ii sensored fixtures. Utilize existing conduite where 71C ADMINISTRATION 2NO FLOOR 0#4 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPOOM 1 applicable and install new conduit where necessary. $ 60.00 $ 75.20 $ $ 135.20 $ -$ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install neo.y switch and switch plate Blank off any unnecessary switches. 72A ADMINISTRATION 2ND FLOOR 0#5 2X2X3 PARABOLIC F17T8fTU35 3 4 RECESSED B Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 3 39 $ 225.00 $ 504.08 $ 1.20 $ 730.28 $ 195.00 $ 535.28 P840 NBO 728 ADMINISTRATION 2ND FLOOR 0#5 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L AOPT EZ1 1 39 INTEGRATED 1 LP840 N80 NESPOT7 $ 75.00 $ 2 18 .55 $ 0.40 $ 293.95 $ 91 .00 $ 202 .95 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 72C ADMINISTRATION 2NO FLOOR 0#5 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary $ 60.00 $ 75.20 $ $ 135.20 $ -$ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches 73A ADMINISTRATION STAIRS (CENTER OF AMIN) 8" RECESSED CAN 26W CFL QUAD 2 1 RECESSED B MAIN REPLACE FIXTURES GE RC810840WOSOCLMR1V10 1 15.5 $ 60.00 $ 137.15 $ 2 .22 $ 199.37 $ 45.50 $ 153.87 HOR 74A ADMINISTRATION STAIRS (CENTER OF AMIN) 1X4X2 PARABOLIC F34T12 2 1 WALL 7 1G REPLACE FIXTURES LITHONIA WL4 40L EZ1 LP840 1 39.5 $ 80.00 $ 226.78 $ 0.53 $ 307.31 $ $ 307.31 ""VERIFY EMERGENCY LIGHTING 75A ADMINISTRATION STAIRS {BACK) EM-BATTERY HALOGEN 2 1 WALL 7 EM BATTERY BACK UP FIXTURES 1 -vERIFY EMERGENCY LIGHTING BATTERES $ 120.00 $ -$ 2.78 $ 122.78 $ $ 122.78 ARE ON A DEDICATED ON 24fi CHARGE WHEN LIGHTS OFF D EMERGENCY LIGHTING CIRCUIT 76A ADMINISTRATION STAIRS {BACK) 8" RECESSED CAN 26WCFL QUAD 2 10 RECESSED 10 1G REPLACE FIXTURES GE RC810840WDSDCLMR1V10 10 15.5 $ 600.00 $ 1,371.50 $ 22 .. 22 $ 1,993.73 $ 455.00 $ 1,538.73 HOR 77A ADMINISTRATION STAIRS (BACK) 1X4X2 PARABOLIC F34T12 2 1 WALL B TTA REPLACE FIXTURES LITHONIA Wl4 40L EZ1 LP840 1 39.5 $ 80.00 $ 226.78 $ 0.53 $ 307.31 $ $ 307.31 **VERIFY EMERGENCY LIGHTING 778 ADMINISTRATION STAIRS (BACK) EM-FROGEYE HALOGEN 2 2 WALL B EM BATTERY BACK UP FIXTURES 2 ""VERIFY EMERGENCY LIGHTING BATTERES $ 240.00 $ $ 5.56 $ 245.56 $ $ 245.56 ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 7BA ADMINISTRATION STAIRS (BACK) EXIT FLUORESCENT 1 1 WALL B EM REPLACE FIXTURES LITHONIA LQM SW 3G 120f2.77 1 1 $ 25.00 $ 52.88 $ ' -$ 77.88 $ 32.50 $ 45.38 79A ADMINISTRATION FIRST FLOOR HALL -NORTH 8" RECESSED CAN 26WCFLQUAD 2 14 RECESSED 8 MAIN REPLACE FIXTURES GE RC810840WDSDCLMR1V10 14 HOR 15.5 $ 840.00 $ 1,920.11 $ 31.11 $ 2,791.22 $ 637.00 .$ •. 2,154.22 .:rt BOA ADMINISTRATION FIRST FLOOR HALL -NORTH EXIT 15W 2 1 CEILING B EM REPLACE FIXTURES LITHON IA LQM SW 3G 1201277 1 1 $ 25.00 $ 52.88 $ -$ 77.88 $ 32.50 $ 45.38 INCANDESCENT B08 ADMINISTRATION FIRST FLOOR HALL -NORTH EXIT FLUORESCENT 1 1 CEILING 8 EM REPLACE FIXTURES LITHONIA LQM SW 3G 1201277 1 1 $ 25.00 $ 52.88 $ -$ 77 .88 $ 32.50 $ 45.38 ""VERIFY EMERGENCY LIGHTING B1A ADMINISTRATION FIRST FLOOR HALL -NORTH 6" EM RECESSED HALOGEN 1 4 RECESSED B EM BATTERY BACK UP FIXTURES 4 ""VERIFY EMERGENCY LIGHTING BATTERES $ 480.00 $ $ 11 .11 $ 491 .11 $ $ 491.11 CAN ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT B2A ADMINISTRATION MEN'S ROOM 8" RECESSED CAN 26WCFL QUAD 2 9 RECESSED 9 LOCKED REPLACE FIXTURES GE RC810840WDSDCLMR1V10 9 15.5 $ 540.00 $ 1,234.35 $ 20.00 $ 1,794.35 $ 45.50 $ 1,748.85 HOR ADD REMOTE CEILING SENSORS CMPDT9WR ADD (2) WIRELESS CEILING SENSORS ANO (1) 828 ADMINISTRATION MEN'S ROOM WITH SPODMR 2 $ 120.00 $ 249.10 $ -$ 369.1 0 $ 78.00 $ 291.10 AND WALL POD WR WALL POD 83A ADMINISTRATION MEN'S ROOM 1X4X2 PARABOLIC F34T12 2 2 WALL 9 LOCKED REPLACE FIXTURES LITHONIA WL4 40L EZ1 LP840 2 39.5 $ 160.00 $ 453.55 $ 1.07 $ 6 14 .62 $ $ 614.62 84A ADMINISTRATION MEN'S LOCKER ROOM 2X2X3 PARABOLIC F17T8 3 14 RECESSED 9 LOCKED REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1L 11 39 $ 825.00 $ 1,848.28 $ 4.40 $ 2,677.68 $ 715.00 $ 1,962.68 P840 N80 B48 AOMINlSTRA TION MEN'S LOCKER ROOM 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 3 39 $ 225.00 $ 655.65 $ 1.20 $ 881 .85 $ 273.00 $ 608.85 LP840 NSO NESPDT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where . .. applicable and install new conduit where necessary. Remove existing line voltage wiring and cap offf at 84C ADMINISTRATION MEN'S LOCKER ROOM 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 appropriate location. Install new Cat 5 cable to switch $ 400.00 $ 75.20 $ $ 475.20 $ -$ 475.20 DX location. Install new switch and switch plate. Blank off any unnecessary switches. Rewire lighting in this area so that the existing night light is tied to all other fixtures in the room controlled by the switch. Wire line item 83A (vanity fixture) to be the new night light on 24 n. - BSA ADM INISTRATION MEN'S LOCKER ROOM 1X4X2 PARABOLIC F34T12 2 1 WALL 9 LOCKED REPLACE FIXTURES LITHONIA WL4 40L EZ1 LP840 1 39.5 Wire this fixture as the new 24n night light for this area . $ 80.00 $ 226.78 $ 0.53 $ 307.31 $ -$ 307.31 ""VERIFY EMERGENCY LIGHTING 86A ADMINISTRATION MEN'S LOCKER ROOM 6" EM RECESSED HALOGEN 1 1 RECESSED 9 LOCKED BA TIE RY BACK UP FIXTURES 1 ""VERIFY EMERGENCY LIGHTING BATIERES $ 120 .00 $ -$ 2.78 $ 122.78 $ -$ 122.78 CAN ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 87A ADMINISTRATI O N MEN'S LOCKER ROOM a· RECESSED CAN 26W CFL QUAD 2 6 RECESSED 9 LOCKED REPLACE FIXTURES GE RC810840WDSDCLMR1V10 6 15.5 $ 360.00 $ 822.90 $ 13.33 $ 1,1 9624 $ 273.00 $ 923.24 HOR ADD REMOTE CEILING SENSORS CM PDT 9WR ADD (1) WIRELESS CEILING SENSOR AND (1) 879 ADMINISTRATION MEN'S LOCKER ROOM a· RECESSED CAN WITH SPODMR 1 $ 60.00 s 124.55 $ $ 184.55 $ 39.00 $ 145.55 AND WALL POD WR WALL POD. SBA ADMINISTRATION WOMAN'S RESTROOM a· RECESSED CAN 26W CFL QUAD 2 6 RECESSED 9 LOCKED REPLACE FIXTURES GE RC810840WDSDCLMR1V10 6 15.5 $ 360.00 s 822.90 $ 13.33 $ 1,196.24 $ 273.00 $ 923.24 HOR ADD REMOTE CEILING SENSORS CMPDT9WR ADD (1) WIRELESS CEILING SENSOR AND (1) BBB ADMINISTRATION WOMAN'S LOCKER ROOM s· RECESSED CAN WITH SPOOMR 1 $ 60.00 $ 124 .55 $ $ 184.55 $-39.00 s 145.55 AND WALL POD WR WALL POD 89A ADMINISTRATION WOMAN'S REST ROOM 1X4X2 PARABOLIC F34T12 2 2 WALL 9 LOCKED REPLACE FIXTURES LITHONIA WL4 40L EZ1 LP840 2 39.5 s 160.00 $ 453.55 $ 1.07 $ 614.62 $ -$ 614.62 "-VERIFY EMERGENCY LIGHTING 90A ADMINISTRATION WOMAN'S RESTROOM 6" EM RECESSED HALOGEN 1 1 RECESSED 9 LOCKED BATTERY BACK UP FIXTU RES 1 .. VERIFY EMERGENCY LIGHTING BATTERES $ 120.00 $ $ 2 .78 $ 122.78 $ $ 122.78 CAN ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 91A ADMINISTRATION WOMAN'S LOCKER ROOM 2X2X3 PARABOLIC F17T8 3 6 RECESSED 9 LOCKED REPLACE FIXTURES LITHONIA 2BL T2 40l AOPT EZ 1 L P840 N80 4 39 $ 300.00 $ 672.10 $ 1.60 $ 973.70 $ 260.00 $ 713.70 . 918 ADMINISTRATION WOMAN'S LOCKER ROOM 2X2X3 PARABOLIC REPLACE FI XTURES LITHONIA 2BL T2 40L AOPT EZ1 2 39 $ LP840 N80 NESPDT7 150.00 $ 437.10 $ 0.80 $ 587.90 $ 182.00 $ 405.90 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where applicable and install ne-.v conduit where necessary Remove existing line voltage wiring and cap offf at 9 1C ADMINISTRATION WOMAN'S LOCKER ROOM 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 appropriate location. Install new Cat 5 cable to switch DX location_ Install new switch and switch plate. Blank $ 400.00 $ 7520 $ $ 47520 $ -$ 475.20 off any unnecessary switches . Rewire lighting in this area so that the existing night light is t ied to all other fixtures in the room controlled by t he switch. Wire line item 83A (vanity fixture) to be the new night light on 24f7. 92A ADMINISTRATION WOMAN'S LOCKER ROOM 8" RECESSED CAN 26WCFLOUAD 2 2 RECESSED 9 LOCKED REPLACE FIXTURES GE RC810840WDSDCLMR1V10 2 15.5 $ 120.00 $ 274 .30 s 4 .44 $ 398.75 $ 91 .00 $ 307.75 HOR 93A ADMINISTRATION WOMAN'S LOCKER ROOM 1X4X2 PARABOLIC F34T12 2 1 WALL 9 LOCKED REPLACE FIXTURES LITHONIA WL4 40l EZ1 LP840 1 39.5 Wire this fixture as the new 24f7 night light for this $ area . 80.00 $ 226.78 $ 0.53 $ 307.31 $ -$ 307.31 94A ADMINISTRATION WOMAN'S LOCKER SHOWERS 8" RECESSED CAN 26WCFLQUAD 2 HOR 3 RECESSED 9 LOCKED REPLACE FIXTURES GE RC810840WDSDCLMR1V10 3 15.5 $ 180.00 $ 411.45 $ 6 .67 $ 598 .12 $ 136.50 $ 461.62 ADD REMOTE CEILI NG SENSORS CM POT9WR ADD (1) W IRELESS CEILING SENSOR ANO (1) 948 ADMINISTRATION WOMAN'S LOCKER SHOWERS 8" RECESSED CAN WITH SPODMR 1 $ 40.00 $ 124.55 $ $ 164.55 $ 39.00 s 125.55 AND WALL POD WR WALL POD. .. VERIFY EMERGENCY LIGHTING . 95A ADMINISTRATION WOMAN'S LOCKER ROOM 6" EM RECESSED HALOGEN 1 1 RECESSED 9 EM BATIERY SACK UP FIXTURES 1 .. VERIFY EMERGENCY LIGHTING BATIERES $ 120.00 $ s 2 .78 $ 122.78 $ $ 122.78 CAN ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT Iii! iii!!! 96A ADMINISTRATION OPERA TlONS ROOM 2X2X3 PARABOLIC F17T8 3 12 RECESSED 8 Bl·LEVEL 211 REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 L 10 39 $ 750.00 $ 1,680.25 $ 4 .00 $ 2 ,434.25 $ 650.00 s ~ 1,784.25 P840 NSO 968 ADMINISTRATION OPERATIONS ROOM 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 2 39 INTEGRATED 2 $ 150.00 $ 437.10 $ 0.80 $ 587.90 $ 182.00 s 405.90 LP840 N80 NESPOT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non· sensored fixtures. Utilize existing conduite where applica ble and install new conduit where necessary 96C ADMINISTRATION OPERATIONS ROOM 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 Remove existing line voltage wiring and cap offf at s 200.00 $ 75.20 $ -$ 275.20 $ $ 275.20 DX appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. Wire and program so t hat 1 fixture stays on 24f7. Put cans on standard toggle switch. 97A ADMINISTRATION OPERATIONS ROOM 8" REC ESSED CAN 26WCFLOUAD 2 5 RECESSED 8 1G REPLACE FIXTURES GE RC810840WDSDCLMR1V10 5 15.5 $ 300.00 $ 685.75 $ 11.11 $ 996.86 $ 227.50 $ 769.36 HOR 98A ADMINISTRAT ION OFFICE #1 2X2X3 PARABOLIC F17T8/35 3 5 RECESSED 8 Bl·LEVEL 211 REPLACE FIXTURES LITHONIA 2BLT2 40LAOPT EZ1 L P840 N80 4 39 $ 300.00 $ 672.10 $ 1.60 $ 973.70 $ 260.00 $ 713.70 988 ADMINISTRATION OFFICE #1 2X2X3 PARABOLIC REPLACE FI XT URES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 s 218.55 $ 0 .40 $ 293.95 $ 91.00 $ 202 .95 LP840 N80 NESPDT7 Network all new fixtures together in this area with Cat 5 cable so t hat sensored fixtures are tied to non· sensored fixtures. Utilize existing conduite where 98C ADMINISTRATION OFFICE #1 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary $ 60.00 $ 75.20 $ ~ $ 135.20 $ s 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 99A ADMINISTRATION OFFICE #2 2X2X3 PARABOLIC F17T8/35 3 4 RECESSED 8 Bi.LEVEL 211 REPLACE FIXTURES LITHONIA 2BLT2 40L AOPT EZ1L P840 NSO 3 39 $ 225.00 s 504.08 $ 1.20 $ 730.28 $ 195.00 $ 535.28 998 ADMINISTRATION OFFICE #2 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 INTEGRATED LP840 N80 NESPOT7 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 $ 91 .00 $ 202.95 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non· sensored fixtures. Utilize existing conduite where 99C ADMINISTRATION OFFICE #2 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ 60.00 $ 75.20 $ s 135.20 $ -$ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Inst all new switch and switch plate. Blank off any unnecessary switches. " " 100A ADMINISTRATION OFFICE#3 2X2X3 PARABOLIC F17T8/35 3 4 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 L P840 N80 3 39 $ 225.00 $ 504 .08 s 1.20 $ 730.28 $ 195.00 $ 535.28 1008 ADMINISTRATION OFFICE #3 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 INTEGRATED $ LP840 NBO NESPDT7 75.00 s 2 18.55 $ 0.40 $ 293.95 $ 91 .00 $ 202.95 Network all new fixtures together in this area with Cat ~ 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 100C ADMINISTRATION OFFICE#3 2X2X3 PARABOLIC REPLACE SWITCHES LI THONIA nPODM 1 applicable and install new conduit where necessary. $ 60.00 $ 75.20 $ -$ 135.20 $ $ 135.20 DX Remove existing line voltage w iring and cap offf at appropriate location. Install new Cat 5 cable to swi1ch location. Install ne<N switch and switch plate. Blank off any unnecessary switches. 101A ADMINISTRATION STORAGE 2X2X3 PRISMATIC F20T12 3 1 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 LP840 N80 NESPDT7 1 39 INTEGRATED $ 75.00 s 2 18.55 $ 0 .40 $ 293.95 s 91.00 $ 202.95 102A ADMINISTRATION ATRIUM #2 1X8X4 TUBE F34T12 4 2 SUSPENDED 20 1G LOCKED RELAMP REBALLAST CREE UR4840KFDLB2, UR24845L 10VFDDR 4 88 $ 140.00 $ 409.75 $ 2 .13 $ 551 .88 $ 18720 $ 364.68 103A ADMINISTRATION SERVER/STORAGE 2X2X3 PRISMATIC F20T12 3 1 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 1 39 LP840 N80 NESPDT7 INTEGRATED 1 $ 75.00 $ 218.55 $ 0.40 $ 293.95 $ 91 .00 $ 202.95 104A ADMINISTRATION JANITORNVASH ROOM 1X4X2 TURRET F34T1 2 2 1 CEILING 8 1G RELAMP REBALLAST CREE UR4840KFDLB2, UR24845L 10VFDDR 1 44 $ 35.00 $ 102.44 $ 0.53 $ 137.97 $ 46.80 $ 9 1.17 G0 ( "' 1048 ADMINISTRATION JANITORNVASH ROOM 1X4X2 TURRET REPLACE SWITCHES 1 Install new wall switch sensor $ 25.00 50.53 $ -$ 75 .53 $ 19.50 $ 56.03 ./ 105A ADMINISTRATION HALLWAY CENTER a-RECESSED CAN WNCFLOUAD 2 5 RECESSED 8 MAIN REPLACE FIXTURES GE RC810840WDSDCLMR1V10 5 15.5 $ 300.00 $ 685.75 $ 11.11 $ 996.86 $ 227.50 $ 769.36 HOR 106A ADMINISTRATION HALLWAY CENTER EXIT FLUORESCENT 1 1 CEILING 8 EM REPLACE FI XTURES LITHONIA LQM SW 3G 1201277 1 1 $ 25.00 $ 52 .88 $ $ 77.88 $ 32.50 $ 45.38 0 VERJFY EMERGENCY LIGHTING 107A ADMINISTRATION HALLWAY CENTER 6H EM RECESSED HALOGEN 1 2 RECESSED 8 EM BAITERY BACK UP FIXTURES 2 -vERIFY EMERGENCY LIGHTING BAITERES $ 240 .00 $ $ 5.56 $ 245.56 $ $ 245.56 CAN ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF - EMERGENCY LIGHTING CIRCUIT ' 108A ADMINISTRATION HALLWAY DISPLAY TRACK 50W R20 FL25 HAL 1 8 C EILING 8 1 G LINE DIMMER REPLACE FIXTURES LED7DRS20F827 8 7 $ 16.00 $ 21.30 $ -$ 37.30 $ $ 37.30 ~' 109A ADMINISTRATION JANITOR 1X4X2 TURRET F34T12 2 2 CEILING 8 1G REPLACE FIXTURES CREE UR4840KFDLB2, UR24845l 1 OVFDDR 2 44 $ 70.00 $ 204.87 $ 1.07 $ 275.94 $ 93.60 $ 182.34 • 109B ADMINISTRATION JANITOR 1X4X2 TURRET REPLACE SWITCHES wsx 1 Install new wall switch sensor $ 25.00 C . Iii ~It~:········ ~ ~~ $ 10,988.93 $ 19.50 $ 10,969.43 110A ADMINISTRATION BREAK ROOM 2X2X3 PARABOLIC F17T8 3 12 RECESSED 10 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L P840 N80 10 39 S H)~- 750.00 $ 1,880.25 $ 4 .00 $ 2,434.25 $ • 650.00 $ 1,784.25 " 110B ADMINISTRATION BREAK ROOM 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 2 39 INTEGRATED LP840 NSO NESPDT7 $ 150.00 $ 437.10 $ 0.80 $ 587.96 $ 182.00 $ 405.90 -Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are t ied to non- sensored fixtures. Utilize existing condu ite where 110C ADMINISTRATION BREAK ROOM 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary $ 60.00 $ 75.20 $ -$ 135.20 $ $ 135.20 DX Remove existing line voltage wiring and cap offf at I appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate Blank off any unnecessary switches. 111A ADMINISTRATION BREAK ROOM 4-RECESSED CAN 50WMR-16 1 9 RECESSED 10 LINE DIMMER REPLACE FIXTURES LITHONIA 4BP/40P, L3RLEDT24 9 11 $ 540.00 $ 571 .05 $ $ 1,111 .05 $ 409.50 $ 701.55 11 2A ADMINISTRATION BREAK ROOM EXIT 15W 2 1 CEILING 10 EM REPLACE FIXTURES LITHONIA LQM SW 3G 1201277 INCANDESCENT 1 1 $ 25.00 $ 52.88 $ -$ 77.88 $ 32.50 $ 45.38 % .. VERIFY EMERGENCY LI GHTING 11 3A ADMINISTRATION BREAK ROOM EXIT LED 1 1 CEILING 10 EM BATIERY BACK UP FIXTURES 1 ,...VERIFY EMERGENCY LIGHTING BATIERES $ 120.00 $ $ 2 .78 $ 122.78 $ -$ 122.78 ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 1 14A ADMIN ISTRATION KITCHEN 2X4X4 CLOUD F32T8 4 3 CEILING 8 1G REPLACE FIXTURES CREE UR4840KFDLB2, 6 UR24845L 10VFDDR 88 $ 210.00 $ 6 14.62 $ 3.20 $ 827.82 $ 78.00 ,$ 'R 749.82 1148 ADMINISTRATION KITCHEN 2X4X4 CLOUD REPLACE SWITCHES PTS60 1 Install new PTS timer $ 45.00 $ 48.18 $ $ 93.18 $ -$ 93.18 115A ADMINISTRATION CONFERENCE ROOM 2X2X 3 PARABOLIC F17T8 3 12 RECESSED 10 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L P840 N80 10 39 $ 750.00 $ 1,880.25 $ 4 .00 $ 2 ,434.25 $ 650.00 $ 1,784.25 115B ADMINISTRATION CONFERENCE ROOM 2X2X3 PARABOLIC REPLACE FI XTURES LITHONIA 2BL T2 40L ADPT EZ1 LP840 NSO NESPDT7 2 39 INTEGRATED 2 $ 150.00 $ 437.10 $ 0 .80 $ 587.90 $ 182.00 $ 405.90 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 115C ADMINISTRATION CONFERENCE ROOM 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary $ 60.00 $ 75.20 $ $ 135.20 $ -$ 135.20 ox Remove existing line voltage w iring and cap offf at appropriate location. Inst all new Cat 5 cable to switch location Install new switch and switch plate. Blank off any unnecessary switches 11 6A ADMINISTRATION CONFERENCE ROOM 4" RECESSED CAN 50W MR-16 1 12 RECESSED 10 LINE DIMMER REPLACE FIXTURES LITHONIA 48P/40P, l3RLEDT24 12 11 $ 720.00 $ 761.40 $ -$ 1,481 .40 $ 546.00 $ 935.40 117A ADMIN ISTRAT ION ELECTRICAL 1X4X2 TURRET F34T12 2 2 CEILING 8 1G RELAMP REBALLAST CREE UR4840KFDL82, UR24845L 10VFDDR 2 44 $ 16'0Q $ 204 .87 $ 1.07 $ 275.94 $ 93.60 $ 182.34 117B ADMINISTRATION ELECTRICAL 1X4X2 TURRET REPLACE SWITCHES wsx 1 Install new wall switch sensor $ 25.00 $ ( ... 50.53 $ -s 75.53 $ 19.50 s 56.03 118A ADMINISTRATION BACK HALL UP/DOWN SCONCE 65W R30 1 4 WALL 8 1GX2 RE -LAMP LED7DRS20F827 4 7 $ 8.00 s 10.65 $ $ 18 .65 $ -$ 18.65 11gA ADMINISTRATION BACK HALL EXIT 15W 2 1 WALL 8 EM REPLACE FIXTURES LITHONIA LQM SW JG 1201277 1 1 s 25.00 s 52.88 $ -$ 77.88 $ 32.50 $ 45.38 INCANDESCENT 120A ADM INISTRATION BACK HALL a-RECESSED CAN 26WCFLQUAD 2 4 RECESSED 8 MAIN REPLACE FIXTURES GE RC810840WDSDCLMR1V10 4 15.5 $ 240.00 $ 548.60 s 8 .89 s 797.49 $ 182.00 $ 615.49 HOR **VERIFY EMERGENCY LIGHTING 121A ADMINISTRATION BACK HALL 6" EM RECESSED HALOGEN 1 1 RECESSED 8 EM BATTERY BACK UP FIXTURES 1 ..... VERIFY EMERGENCY LIGHTING BATTERES $ 120.00 s -s 2.78 $ 122.78 s s 122.78 CAN ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LI GHTING CIRCUIT 122A ADMINISTRATION BACK MEN'S ROOM 1X4X2 PARABOLIC F34T12 2 1 WALL 8 1G REPLACE FIXTURES LITHONIA Wl4 40L EZ1 LP840 1 3g_5 $ 80.00 s 226.78 s 0.53 $ 307.31 $ -$ 307.31 1228 ADM INISTRATION BACK MEN'S ROOM 1X4X2 PARABOLIC REPLACE SWITCHES WSX-PDT 1 Install new wan switch sensor $ 25.00 $ 79.90 $ -$ 104.90 $ 19.50 $ 85.40 123A ADMINISTRATION BACK MEN'S ROOM 8" RECESSED CAN 26WCFLOUAO 2 2 RECESSED 8 TTA REPLACE FIXTURES GE RC81 0840WDSDCLMR1V10 2 15.5 $ 120.00 $ 274.30 s 4 .44 $ 398.75 $ 91 .00 $ 307.75 HOR 124A ADMINISTRATION BACK WOMEN'S ROOM 1 X4X2 PARABOLIC F34T12 2 1 WALL 8 1G REPLACE FIXTURES LITHONIA WL4 40L EZ1 LP840 1 3g.5 $ 80.00 s 226.78 s 0.53 s 307.31 s s 307.31 1248 ADMINISTRATION BACK WOMEN'S ROOM 1X4X2 PARABOLIC REPLACE SWITCHES WSX-PDT 1 Install new wall switch sensor s 25.00 s 79.90 s -s 104.90 s 19.50 s 85.40 125A ADMINISTRATION BACK WOMEN'S ROOM a~ RECESSED CAN 26WCFLQUAD 2 2 RECESSED 8 TTA REPLACE FIXTURES GE RC810840WDSDCLMR1V10 2 15.5 $ 120.00 s 274.30 $ 4 .44 $ 398.75 $ 91 .00 $ 307.75 HOR 128A ADMINISTRATION BACK CONFERENCE ROOM 2X2X3 PARABOLIC Fina 3 8 RECESSED 8 2G28 REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 6 39 $ 450.00 s 1,008 .1 5 s 2.40 s 1,460.55 $ 390.00 $ 1,070.55 P840 N80 1288 ADMINISTRATION BACK CONFERENCE ROOM 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 2 39 s 150.00 s 437.10 s 0.80 s 587.90 s 182.00 $ 405.90 LP840 N80 NESPDTI Netwoli< all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where applicable and install new conduit where necessary. 128C ADMINISTRATION BACK CONFERENCE ROOM 2X2XJ PARABOLIC REPLACE SWITCHES LI THONIA nPODM 2 ap~:~:~ee=~i~~i.n~n:~:~~::~~~ ;:~:~:~~~h $ 120.00 $ 150.40 s s 270.40 s s 270.40 ox location. Install new switch and switch plate. Blank off any unnecessary switches. Split 2x2's in the room so front and back are on seperate dimmers leave ~ cans on existing switches 127A ADMINISTRATION BACK CONFERENCE ROOM 4~ RECESSED CAN 50WMR-16 1 12 RECESSED B 1G REPLACE FIXTURES LITHONIA 48P/40P, LJRLEDT24 12 11 s 720.00 s 761.40 s $ 1,481.40 s 546.00 s 935.40 0 VERIFY EMERGENCY LIGHTING 128A ADMINISTRATION BACK CONFERENCE ROOM EXIT LEO 1 1 WALL B EM BATTERY BACK UP FIXTURES 1 1 .. VERIFY EMERGENCY LIGHTING BATTERES $ 120.00 $ s 2 .78 s 122.78 s s 122.78 ARE ON A DEDICATED ON 24n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 129A ADMINISTRATION CONFERENCE ROOM CLOSET 8" RECESSED CAN 26WCFLQUAD 2 1 RECESSED B 1G REPLACE FIXTURES GE RC810840WDSDCLMR1V10 1 15.5 $ 60.00 s 137.15 $ 2 .22 $ 199.37 s 45.50 s 153.87 HOR 130A ADMINISTRATION STORAGE 1X4X2 BOX F34T12 2 2 CEILING B 1G REPLACE FIXTURES LITHONIA STL4 40l EZ1 LP840 2 35 s 120.00 s 413.60 s 1.07 $ 534.67 s 93.60 $ 441.07 1308 ADMINISTRATION STORAGE 1X4X2 BOX REPLACE SWITCHES WSX-PDT 1 Install nf!W wall switch sensor s 25.00 s 79.90 s s 104.90 s 19.50 s 85.40 131A ADMINISTRATION SOUTH HALL 8" RECESSED CAN 26WCFLOUAD 2 11 RECESSED B MAIN REPLACE FIXTURES GE RC810840WDSDCLMR1V10 11 15.5 $ 660.00 $ 1,508.66 s 24.44 $ 2,193.10 s 500.50 $ 1,692.60 HOR 132A ADMINISTRATION SOUTH HALL EXIT FLUORESCENT 1 2 0 0 EM REPLACE FIXTURES LITHONIA LOM SW JG 1201277 2 1 $ 50.00 $ 105.75 s s 155.75 s 65.00 s 90.75 13JA ADMINISTRATION SOUTH HALL a~ RECESSED CAN 26WCFL OUAD 2 9 RECESSED B MAIN REPLACE FIXTURES GE RC810840WDSDCLMR1V10 9 15.5 s 540.00 s 1,234.35 s 20.00 s 1,794.35 s 409.50 s 1,384 .85 HOR 134A ADMINISTRATION SOUTH HALL EXIT 15W 2 1 WALL 0 EM REPLACE FIXTURES LITHONIA LQM SW 3G 1201277 1 1 s 25.00 s 52.88 $ $ 77.88 $ 32.50 $ 45.38 INCANDESCENT -VERIFY EMERGENCY LIGHTING 1J5A AOMINISTRA TION SOUTH HALL 6~ EM RECESSED HALOGEN 1 3 RECESSED B EM BATTERY BACK UP FIXTURES 3 ... VERIFY EMERGENCY LIGHTING BATTERES $ 360.00 $ $ 8.33 s 368.33 $ s 368.33 CAN ARE ON A DEDICATED ON 24 n CHARGE WHEN LIGHTS OFF EMERGENCY LIGHTING CIRCUIT 136A ADMINISTRATION OFFICE #1 2X2XJ PARABOLIC F17T8135 3 2 RECESSED B Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 1 39 $ 75 .00 $ 168.03 $ 0 .40 s 243.43 $ 65.00 $ 178.43 P840 N80 136B ADMINISTRATION OFFICE#1 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 1 39 INTEGRATED 1 s 75.00 $ 218.55 $ 0.40 $ 293.95 s 91 .00 s 202.95 LP840 NBD NESPDT7 Network all nf!W fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 136C ADMINISTRATION OFFICE#1 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install nf!W conduit where necessary $ 60.00 $ 75.20 s s 135.20 $ s 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 137A ADMINISTRATION OFFICE #2 2X2X3 PARABOLIC F17T8/35 3 6 RECESSED 8 Bl-LEVEL 21 1 REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1L 5 39 $ 375.00 $ 840.13 $ 2.00 $ 1,217.13 $ 325.00 $· 892.13 PB40 N80 137B ADMINISTRATION OFFICE#2 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 LPB40 N80 NESPDT7 $ 75.00 s 218.55 $ 0 .40 $ 293.95 $ 91 .00 $ 202.95 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures _ utilize existing condu ite where 137C ADMINISTRATION OFFICE #2 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ 60.00 $ 75.20 $ $ 13520 $ . $ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate Blank off any unnecessary switches. 138A ADMINISTRATION OFFlCE#J 2X2X3 PARABOLIC F17T8/35 3 3 RECESSED 8 Bl-LEVEL 2/1 REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1L PB40 N80 2 39 $ 150.00 $ 338.05 s 0 .80 $ 486.85 $ 130.00 $ 356.85 138B ADMINISTRATION OFFICE#3 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 LP640 N60 NESPDT7 $ 75.00 $ 218.55 $ 0.40 $ 293.95 $ 91 .00 $ 202.95 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non - sensored fixtures. utilize existing con du ite where I 138C ADMINISTRATION OFFICE#3 2X2X.3 PARABOLI C REPLACE SWITCHE S LITHONIA nPODM 1 applicable and install new conduit where necessary $ 60.00 $ 75.20 $ . $ 135.20 $ $ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Ca t 5 cable to switch location. Install new switch and switch pla te Blank off any unnecessary switches. 139A ADMINISTRATION OFFICE #4 2X2X3 PARABOLIC F17T8/35 3 3 RECESSED 8 Bl-LEVEL 21 1 REPLACE F IXTURES LITHONIA 2BLT2 40L ADPT EZ1L PB4 0 N80 2 39 $ 150.00 $ 338.05 $ 0.80 $ 486.85 $ 130.00 $ 356.85 139B ADMINISTRATION OFFI CE#4 2X2X3 PARABOLIC REPLACE FI XTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 LP840 N80 NESPDT7 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 $ 91 .00 $ 202.95 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures . utilize existing conduite where 139C ADMINISTRATION OFF ICE#4 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ ox Remove existing line voltage wiring and cap offf at 60.00 $ 75.20 $ . $ 135.20 $ $ 135.20 appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches 140A ADMINISTRATION OFFICE #5 2X2X3 PARABOLIC F17T8/35 3 3 RECESSED 8 Bl-LEVEL 21 1 REPLACE FIXTUR ES LITHONIA 2BL T2 40L ADPT EZ1 L P840 N80 2 39 $ 150.00 $ 338.05 $ 0.80 $ 486.85 $ 130.00 $ 356.85 140B ADMINISTRATION OFFICE #5 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 LP840 NSO NESPDT7 $ 75.00 $ 218.55 $ 0.40 $ 293.95 $ 91 .00 $ 202.95 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtu res. utilize existing conduite where 140C ADMINISTRATION OFFICE #5 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and insta ll new conduit where necessary. ox Remove existing line voltage wiring and cap otff at $ 60.00 $ 75.20 $ $ 13520 $ $ 135.20 appropriate location. Install new Cat 5 cable lo switch location Install new switch and switch plate. Blank off any unnecessary switches ·. 141A ADMINISTRATION OFFICE#6 2X2X3 PARABOLI C F17T8/35 3 3 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 2 PB40 N60 39 $ 150.00 $ 338.05 $ 0.80 $ 486.85 $ 130.00 $ ,;;II 356.85 1418 ADMINISTRATION OFFICE '116 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0.40 $ 293.95 $ 91 .00 $ 202.95 LP840 N80 NESPDT7 Network all nev.-fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 141 C ADMINISTRATION OFFICE #6 2X2X.3 PARABOLIC REPLACE SWITCHES LITHON IA nPODM 1 applicable an d install new conduit where necessary. $ 60.00 $ 75.20 $ . $ 135.20 $ $ 135.20 ox Remove existing line voltage wiring and ca p offf at appropriate location _ Install new Cat 5 cable to switch location Install nev.-switch and switch plate Blank off any unnecessary switches. 142A ADMINISTRATION OFFICE #7 2X2X.3 PAR ABOLIC F17T6/35 3 4 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 L 3 39 $ 225.00 $ 504.08 $ 1.20 s 730.28 $ 195.00 ~, 535.28 P840 N80 142B ADMIN ISTRATION OFFICE#7 2X2X3 PAR ABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 $ 91 .00 $ 202 .95 LP840 NSO NESPDT7 ,,.e ·-·, '"" ·-· 1 ... ,u, ... ,. --,.-· .. er m u1 1 -·--wh11 ...., .. , 5 ca ble so that sensored fixtures are tied to non4 LITHONIA nPOOM sensored fixtures . Utilize existing conduite where 142C ADMINISTRATION OFFICE #7 2X2X.3 PARABOLIC REPLACE SWITCHES ox 1 applicable and install new conduit where necessary $ 60.00 $ 75.20 $ . $ 135.20 $ $ 135.20 Remove existing line voltage wirin g and cap offf at a~:~~riate 10~~1~i~: •• 1~s!~~I ne.: c.~~;.:hc~~le to ~;-"'~ch 14 3A ADMINISTRATION OFFICE#8 2X2X3 PARABOLIC F17T8/35 3 3 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LI THON IA 2BL T2 40L ADPT EZ1 L 2 39 $ 150.00 $ 338.05 $ 0 .80 $ 486.85 $ 130.00 $ 356.85 P840 N80 143B ADMINISTRATION OFFICE#8 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 28L T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 $ 91 .00 $ 202.95 LP840 N80 NESPDT7 Network all new fixtures together in this area with Cal 5 cable so that sensored fixtu res are tied to non- sensored fixtures . utilize existing conduite where 143C ADMINISTRATION OFF ICE #8 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicab le and install new conduit where necessary $ 60.00 $ 75.20 $ . $ 135.20 $ $ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location Install new switch and switch plate. Blank off any unnecessary switches ' 144A ADMINISTRATION OFFICE #9 2X2X3 PARABOLIC F17T8/35 3 4 RECESSED 8 Bl-LEVEL 21 1 REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1 L 3 39 $ 225.00 $ 504.08 $ 1.20 $ 730.28 $ 195.00 $ 535.28 P840 N80 144B ADMINISTRATION OFFICE #9 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 $ 91.00 $ 202.95 LP840 N80 NESPDT7 Network all nt!'N fixtures together in th is area with Cal I 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 144C ADMINISTRA TJON OFFICE #9 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPOOM 1 applicable an d install nt!'N conduit wh ere necessary. s 60.00 s 75.20 s s 13520 s s 135.20 DX Remove exis ting line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Ins tall new switch and switch plate Blank off any unnecessary switches. 145A ADMINISTRATION OFFICE #1 0 2X2X3 PARABOLI C F17T8135 3 3 RE CESSED 8 Bl-LEVEL 21 1 REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 L 2 39 s 150.00 s 336.05 s 0.80 s 486.85 $ 130.00 s 356.85 P84 0 N80 14 5B AD MINISTRATION OFFICE#10 2X2X3 PARABOLIC REPLACE FIXTURES LI THONIA 2BL T2 40L ADPT EZ 1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 s 0.40 $ 293.95 $ 91.00 $ 202.95 LP840 NSO NESPOT7 Network all new fixtures together in th is area with Cat 5 cable so that sensored fixtures are tied to non- sen sored fixtures. Utilize exis tin g condu ite wh ere 145C ADMINISTR AT ION OFFI CE #10 2X2X3 PARABOLI C REPLACE SWITC HES LITHONIA nPODM 1 ap plicable and install new cond uit where necessa ry . s 60.00 $ 75.20 $ -s 135.20 $ s 13520 DX Rem ove existing line voltage wiring and ca p offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 146A ADMIN ISTRATION RESTROOM #1 1X2X1 WRAP F 17T8 1 1 WALL 8 1G REPLACE FIXTURES LI THONIA WL2 22L EZ 1 LP840 1 21 $ 80.00 s 176.25 s 2 .78 s 259.03 $ $ 259.03 146B ADMINISTR ATION RESTROOM #1 1X2X1 WRAP REPLACE SWITCHES WSX-PDT 1 Install new wall switch sensor $ 25.00 $ 79.90 s s 104 .90 $ 19.50 $ 85.40 147A ADMINISTRATION RESTROOM#1 8" REC ESSED CAN 26W CFLQUAD 2 1 RECESSED 8 TTA REPLACE FIXTURES GE RC810840WDSDCLMR1 V10 1 15.5 $ 60.00 $ 137 .15 $ 2.22 $ 199.37 $ 45.50 $ 153.87 HOR 148A ADMINISTRATION RESTROOM#!2 1X2X1 WRAP F 17T8 1 1 WALL 8 1G REPLACE FIXTURES LITHONIA WL2 22L EZ1 LP840 1 21 s 80.00 s 17625 $ 2 .78 $ 259.03 s s 259.03 148B ADMINISTRATION RESTROOM #2. 1X2X1 W RAP REPLAC E SWITCHES W SX-POT 1 In stall new wall switch sensor s 25.00 $ 79.90 s s 104 .90 $ 19.50 s 85.40 149A ADMINISTRATION RESTROOM #2. 8" REC ESSED CAN 26W CFL QUAD 2 1 RECESSED 8 1G REPLACE FIXTURES GE RC810840WDSDCLMR1V10 1 15.5 $ 60.00 s 137.15 s 2.22 s 199.37 s 45.50 s 153.87 HOR 150A AOMINISTRA TION OFFICE #1 1 2X2X3 PARABOLIC F17T8 3 3 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LI THONIA 2BLT2 40LADPT EZ1L 2 39 $ 150.00 s 336 .05 s 0 .80 s 486.85 s 130.00 s 356.85 P840 N80 1508 ADMINISTRATION OFF ICE#11 2X2X3 PARABOLI C REPLACE FIXTURE S LITHONIA 2BL T2 40L ADPT EZ 1 1 39 INTEGRATED 1 s 75.00 $ 2 18.55 s 0 .40 s 293.95 s 91 .00 s 202.95 LP840 N80 NESPDT7 Network all new fixtu res together in th is area with Cat 5 cab le so that sen sored fixtu res are tied to non- sensored fixtures. Utilize existing conduite where 150C ADMINISTRATION OFFICE #11 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. s 60.00 s 75.20 s -s 135.20 s -s 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank otfanv unn°""""""""' ., .. .;.,...,,. ... 151A ADM INISTRATION OFF ICE #1 2 2X2X3 PARABOLIC F1 7T8 3 3 RECESSED 8 B l-LEVEL 211 RE PLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1L 2 39 s 150.00 s 336.05 $ 0.80 s 486.85 $ 130.00 $ 356.85 P840 N80 15 1B ADMINISTRATION OF FICE #12 2X2X3 PARABOLIC REPLACE FIXTURES LI THONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 s 0.40 s 293.95 s 91.00 s 202.95 LP840 NSO NESPOT7 Network all new fixtu res together in this area with Cat 5 cable so that sen sored fixtures are tied to non- sensored fixtu res . Utilize existing conduite where 15 1C ADMINISTRATION OFFICE #12 2X2X3 PARABOLIC REPLACE SWITCHES LI THONIA nPODM 1 applicable and install new con duit where necessary. $ 60.00 $ 75 2 0 s -$ 135.20 $ $ 135.20 DX Remove existing line voltage wi ring and cap offf at appropriate location. In stall new Ca t 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 152A ADM INISTRATION OPEN OFFICE 2X2X3 PARABOLIC F17T8 3 8 RECESSED 8 Bl -LEVEL 21 1 REPLACE FIXTURES LI THONIA 2BL T2 40L AOPT EZ1 L 7 39 s 525 .00 s 1,176 .18 s 2 .80 s 1,703.98 $ 455.00 s 1,2 48 .98 P840 N80 152B ADMINISTRATION OPEN OFFICE 2X2X3 PARABOLIC REPLACE FIXTU RES LITHONIA 2BLT2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 s 218.55 s 0 .40 s 293.95 s 9 1.00 $ 202.95 LP840 NSO NESPDTI Network all new fixtures together in this area with Ca t 5 cable so that sensored fixtures are tied to no n- sensored fixtures . Utilize existing co nduite wh ere 152C ADMINISTRATION OP EN OFFICE 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 apphcable and install new conduit where necessary $ 60.00 s 75 .20 $ s 135.20 s $ 135.20 ox Remove existing line voltage wirin g and cap offf at appropria te location. Install new Cat 5 cab le to switch location . Install new switch and switch plate. Blank off any unnecessary switches. 153A ADMINISTRATION OFFI CE #3 2X2X3 PARABOLIC F17T8 3 3 RECESSED 8 Bl-LEVEL 211 RE PLACE FIXTU RES LITHONIA 2BLT2 40L ADPT EZ1 L 2 39 s 150.00 $ 336.05 s 0.80 s 486.85 s 130.00 s 356.85 P840 N80 153B ADMINISTRATION OFFICE #3 2X2X3 PARABOLIC REPLACE FIXTUR ES LI THONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 s 75.00 $ 218.55 s 0.40 $ 293.95 $ 91 .00 $ 202.95 LPB40 N80 NESPDT7 Network all new fixtures together in th is area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures . Utilize existing condulte where 153C ADMINISTRATION OFFI CE #3 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where neces sary. s 60.00 $ 75.20 $ -s 135.20 $ $ 135.20 DX Remove existing lin e voltag e wi ri ng an d cap offf at appro priate location. Install new Ca t 5 cab le to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 154A ADM INISTRATION RESTROOM #3 1X4X2 PARABOLIC F34T12 2 1 WALL 8 1G REPLACE FIXTURES LITHON IA WL4 40L EZ1 LP840 1 39 .5 s 80.00 s 226.78 s 0.53 s 307.3 1 s s 307.31 1548 ADMINISTR ATI ON RESTROOM #3 1X4X2 PARABOLIC REPLACE SWITCHES WSX-POT 1 Install new wall switch sensor s 25 .00 s 79.90 s $ 104.90 $ 19.50 $ 85.40 155A ADMINISTRATION ELECTRICAL PANEL ROOM 1X4X2 STRIP F32T8 2 1 CEILING 8 1G RELAMP REBALLAST CREE UR4840KFDL82, 1 44 s 35.00 s 102 .44 s 0 .53 $ 137.97 s 26.00 s 111 .97 UR24845L 10VFDDR 155B ADMINISTRATION ELECTRICAL PANEL ROOM 1X4X2 STRIP REPLACE SWITCHES WSX-PDT 1 Install new wall switch sensor s 25.00 $ 79.90 s -s 104.90 $ 19.50 s 85.40 156A ADMINlSTRA TION STORAGE 2X2X3 PARABOLIC F 17T8 3 6 RECESSED 8 Bl-LEVEL 211 REPLACE FIXTURES LITHONIA 28LT2 40LAOPT EZ1L 5 39 $ 375.00 s 840.13 s 2 .00 $ 1,217.13 s 325.00 s 892.13 P840 N80 1568 ADMINISTRATION STORAGE 2X2X3 PARABOLIC REPLACE FIXTUR ES LITHONIA 28L T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75 .00 s 218.55 s 0.40 s 293.95 s 91 .00 $ 202.95 LP840 N80 NESPDT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures . Utilize existing conduite where 156C ADMINISTRATION STORAGE 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary s 80.00 s 75.20 s -s 135.20 $ s 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 157A ADMINISTRATION OFFICE #1 4 2X2X3 PARABOLIC F17T8 3 3 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 2 39 s 150.00 s 336.05 s 0 .80 s 486 .85 $ 130.00 s 356.85 P840 N80 1578 ADMINISTRATION OFFICE #14 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 s 218.55 s 0.40 $ 293.95 s 91 .00 $ 202.95 LP840 N80 NESPDT7 Network all new fixtures together in th is area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 157C ADMINISTRATION OFFICE #14 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPOOM 1 applicable and install new conduit where necessary $ 80.00 s 75.20 s s 135.20 s $ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 158A ADMINISTRATION OFFICE #15 2X2X3 PARABOLIC F17T8 3 3 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 L 2 39 s 150.00 $ 336.05 $ 0 .80 s 486.85 $ 130.00 s 356.85 P840 N80 1588 ADMINISTRATION OFFICE#15 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 28L T2 40L AOPT EZ1 1 39 INTEGRATED 1 $ 75.00 s 218.55 s 0 .40 $ 293.95 s 91 .00 $ 202.95 LP840 N80 NESPDT7 Network all new fixtures together in th is area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures . Utilize existing conduite where 158C ADMINISTRATION OFFICE #1 5 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. s 60.00 $ 75.20 s s 135.20 $ -$ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to swi tch location. Install new switch and switch plate. Blank off any unnecessary switches. 159A ADMINJSTRA TION MAIL ROOM 2X2X3 PARABOLIC F17T8 3 3 RECESSED 8 1G REPLACE FI XTURES LITHONIA 2BLT2 40LADPT EZ1L 3 39 $ 225 .00 s 504 .08 s 1.20 s 73028 s 195.00 s 535.28 P840 N80 159B ADMINISTRATION MAIL ROOM 2X2X3 PARABOLIC REPLACE SWITCHES (wsx ) 1 Fan tied to lights in this room. Don't do low voltage $ 25.00 s ( 50.53 ~ s 75.53 $ 19.50 s 56.03 Just do regular wall switch sensor. -.._;;::r ....... 160A ADMINISTRATION OFFI CE #1 6 2X2X3 PARABOLIC F17T8 3 3 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40LADPT EZ1L 2 39 $ 150.00 s 336.05 s 0 .80 $ 486.85 $ 130.00 $ 356.85 P840 N80 1608 ADMINISTRATION OFFICE #16 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 s 218.55 s 0 .40 $ 293.95 s 91 .00 $ 202.95 LP840 N80 NESPDT7 Network all new fixtures together in th is area with Cat 5 cable so that sensored fixtures are tied l o non- sensored fixtures. Utilize existing conduite where 160C ADMINISTRATI ON OFFICE#16 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and in stall new conduit where necessary. $ 60.00 s 75.20 $ -$ 135.20 $ $ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 161A ADMINISTRATION FRONT DESK 2X2X3 PARABOLIC F17T8 3 6 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 5 39 s 375.00 s 840.13 s 2.00 s 1,217.13 s 325.00 s 892 .13 P840 N80 161B ADMINISTRATION FRONT DESK 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 s 91.00 $ 202 .95 LP840 N80 NESPDT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored flXtures . Utilize existing conduite where 161C ADMINISTRATION FRONT DESK 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary s 60.00 s 7520 s s 135.20 $ -s 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 26WCFLQUAD Rewire these fixtures so that they are lied to the other 162A ADMINISTRATION FRONT DESK 8" RECESSED CAN HOR 2 2 RECESSED 8 TIA REPLACE FIXTURES GE RC810840WDSOCLMR1V10 2 15.5 switch leg that controls the lobby sconse lights and $ 120.00 $ 274.30 s 4 .44 s 398.75 $ 91 .00 $ 307.75 stay on 24!7. 163A ADMIN1STRA TION LAB OFFICE 2X2X3 PARABOLIC F17T8 3 4 RECESSED 8 1G REPLACE FIXTURES LITHONIA 28LT2 40LADPT EZ1l 3 39 s 225.00 $ 504.08 $ 120 s 730.28 s 195.00 s 535.28 P840 N80 163B ADMINISTRATION LAB OFFICE 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 28L T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 s 218.55 $ 0 .40 $ 293.95 $ 91.00 $ 202.95 LP840 N80 NESPOT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtu res are tied to non- sensored fixtures . Utilize existing conduite where 163C ADMINISTRATION LAB OFFICE 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary $ 60.00 s 7520 s -s 135.20 $ -$ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable lo switch location. Install new switch and switch plate Blank off any unnecessary switches. 164A ADMINISTRATION SIDE ROOM#1 2X2X3 PARABOLIC F17T8 3 5 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ 1 l 4 39 $ 300.00 s 672.1 0 $ 1.60 $ 973.70 $ 280.00 $ 713.70 P840 N80 1648 ADMINISTRATION SIOEROOM#1 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2Bl T2 40l ADPT EZ1 1 39 INTEGRATED LP840 NBO NESPOTI 1 s 75.00 s 218.55 s 0.40 s 293.95 s 91 .00 s 202.95 Network all new fixtures together in this area with Cat 5 cable so t hat sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 164C ADMINISTRATION SIOEROOM #1 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary . s 60.00 s 75.20 s s 135.20 s $ 135.20 DX Remove e>Cisting line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location Install new switch and switch plate Blank off any unnecessary switches. 165A AOMINISTRA T ION SIDE ROOM#2. 2X2X3 PARABOLIC F17T8 3 5 RECESSED 8 1G REPLAC E FIXTURES LITH ONIA 2BLT2 40L ADPT EZ1l P840 N80 4 39 s 300.00 s 672 .10 $ 1.60 s 973.70 s 260.00 $ 713.70 1658 ADMINISTRATION SIDE ROOM #2 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 28L T2 40L ADPT EZ1 1 39 INTEGRATED 1 s 75.00 s 218.55 s Q.40 $ 293.95 $ 91 .00 $ 202.95 LP840 NSO NESPDT7 Network all new fixtures together in this area with Cat 5 ca ble so that sensored fixtures are tied to non- sensored fixtures. utilize existing conduite where t65C AOMINISTRA TION SIOEROOM#2 2X2X3 PARABOLIC REPLACE SWITCHES LITHON IA nPODM 1 applicable and install new conduit where necessary. $ 60.00 s 75.20 $ $ 135.20 s s 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate Blank off any unnecessary sw itches 166A AOMINISTRA TION SIDEROOM#3 2X2X3 PARABOLIC F17T8 3 3 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40LADPT EZ1l P840 NSO 2 39 s 150.00 s 336.05 $ 0.80 $ 486.85 $ 130.00 $ 356.85 1668 ADMINISTRATION SIDE ROOM#3 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2Bl T2 40l ADPT EZ1 1 39 INTEGRATED 1 LP840 NBO NESPDTI s 75.00 s 218.55 s 0.40 $ 293.95 s 91 .00 $ 202.95 Network an new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non. sensored fixtures Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are 166C ADMINISTRATION SIDE ROOM #3 2X2X3 PARABOLI C REPLACE SWITCHES LITHONIA nPODM 1 tied to non-sensored fixtures. Utilize existing conduite $ 60.00 $ 75.20 s -$ 135.20 $ $ 135.20 DX where applicable and install new conduit where necessary. Remove exi sting line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 167A ADMINISTRATION SIDE ROOM #4 2X2X3 PARABOLIC F17T8 3 4 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2Bl T2 40l AOPT EZ 1 l 3 39 $ 225.00 s 504 .08 s 1.20 s 730.28 $ 195.00 s 535.28 P840 NSO 167B ADMINISTRATION SIDEROOM#4 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 LP840 NBO NESPDT7 1 39 INTEGRATED 1 $ 75.00 s 218.55 $ 0.40 $ 293.95 s 91 .00 $ 202.95 Network all new-fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. utilize existing conduite where 167C ADMINISTRATION SIDE ROOM #4 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and Install new conduit where necessary. s 60.00 $ 75 .20 $ $ 135.20 s -s 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches 168A ADMINISTRATION SIDEROOM#5 2X2X3 PARABOLIC F17T8 3 4 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L P840 NBO 3 39 $ 225.00 s 504.08 s 1.20 $ 730.28 s 195.00 $ 535.28 1688 ADMINISTRATION SIDEROOM#S 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ1 1 39 INTEGRATED 1 LP840 NSO NESPDT7 s 75.00 s 218.55 s 0.40 $ 293.95 $ 91.00 $ 202.95 Network all new fixtures together in this area w ith Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. utilize existing conduite where 168C ADMINISTRATION SIOEROOM #5 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ 60.00 s 75.20 s -$ 135.20 s $ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches ADMINISTRATION SIDEROOM#6 2X2X3 PARABOLIC F17T8 3 2 RECESSED B 1G REPLACE FIXTURES LITHONIA 2Bl T2 40l ADPT EZ1 l 1 39 s 75.00 s 168.03 $ 0 .40 $ 243.43 s 65.00 s 178.43 169A P840 NSO ADMINISTRATION SIDE ROOM #6 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2Bl T2 40l ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0 .40 $ 293.95 s 91 .00 $ 202 .95 169B LP840 NBO NESPDT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are t ied to non- sensored fixtures. Utilize existing conduite where 169C ADMINISTRATION SIDE ROOM#6 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. s 60.00 s 75.20 $ s 135.20 s -$ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 170A ADMINISTRATION SIDEROOM#7 2X2X3 PARABOLIC F17T8 3 4 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BL T2 40l ADPT EZ 1 l P840 NSO 3 39 $ 225.00 s 504 .08 s 1.20 $ 730.28 s 195.00 $ 535.28 170B ADMINISTRAT ION SIDE ROOM #7 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ 1 1 39 INTEGRATED 1 LP840 NSO NESPDT7 $ 75.00 s 218.55 $ 0 .40 $ 293.95 s 91 .00 $ 202 .95 Network all new fixtures together in this area with Cat 5 cable so t hat sensored fixtures are tied to non- sensored fixtures. utilize existing conduite where 170C ADMINISTRATION SIDE ROOM #7 2X2X3 PARABOLIC REPLAC E SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ 60.00 s 75.20 $ $ 135.20 $ $ 135.20 DX Remove existi ng line voltage wiring and cap offf at appro priate location. Insta ll new Cat 5 cable to swit ch location. Install new switch and switch plate Blank off any unnecessary switches. ADMINISTRATION StDEROOM#B 2X2X3 PARABOLIC F17T8 3 9 RECESSED 8 1GX2B3WAY REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ 1L 7 39 $ 525.00 s 1,176.18 s 2 .80 $ 1,703.98 s 975.00 $ 728.98 171A P840 NSO 171B ADMINISTRATION SIDE ROOM #8 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L ADPT EZ1 LP840 NSO NESPDT7 2 39 INTEGRATED 2 $ 150.00 s 437.10 s 0.80 $ 587 .90 $ 182.00 $ 405.90 -Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where applicable and install new conduit where necessary. 171C ADMINISTRATION SIDEROOM#8 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 2 Remove existing line voltage wiring and cap offf at $ 120.00 $ 150.40 $ $ 270.40 s $ 270.40 DX appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. Wire lights so sensored fixture are at each entrance. Wire 1 new switch into each entrance location. 172A ADMINISTRATION SIDE ROOM #8 EXIT 15W 2 1 CEILING 8 EM REPLACE FIXTURES LI THONIA LOM SW 3G 1201277 1 1 s 25.00 $ 52.88 s -s 77.88 $ 32.50 $ 45.38 INCANDESCENT 173A ADMINISTRATION SIDE ROOM #8B 2X2X3 PR ISMATIC F20T12 3 3 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 2 39 $ 150.00 s 336.05 $ 0.80 $ 488.85 $ 130.00 $ 358.85 P840 N80 173B ADMINISTRATION SIDE ROOM #8B 2X2X3 PR ISMATIC REPLACE FIXTURES LITHONIA 2BL T2 40L AOPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 s 0 .40 $ 293.95 s 91 .00 $ 202.95 LP840 N80 NESPDT7 Network au new fixtures t ogether in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 173C ADMINISTRATION SIDE ROOM #SB 2X2X3 PRISMATIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ 60.00 $ 75 .20 $ $ 135.20 $ $ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cal 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 174A ADMINISTRATION SIDE ROOM #9 2X2X3 PARABOLIC F17T8 3 5 RECESED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40LADPT EZ1L 4 39 $ 300.00 $ 672 .10 $ 1.60 s 973.70 $ 260.00 $ 713.70 P840 N80 174B ADMINISTRATION SIDEROOM#9 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L AOPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0.40 $ 293.95 s 91 .00 $ 202.95 LP840 N80 NESPDT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 174C ADMINISTRATION SIDE ROOM #9 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ 60 .00 $ 75.20 s $ 135 .20 $ $ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 175A ADMINISTRATION SIDE ROOM #10 2X2X3 PARABOLIC F17T8 3 5 RECESSED 8 1G REPLACE FIXTURES LITHON IA 2BLT2 40L ADPT EZ1L 4 39 $ 300.00 $ 672.10 $ 1.60 $ 973.70 $ 260.00 $ 713.70 P840 N80 175B ADMINISTRATION SIDE ROOM #10 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BL T2 40L AOPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218 .55 $ 0.40 $ 293.95 $ 91 .00 $ 202 .95 LP840 N80 NESPDT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 175C ADMINISTRATION SIDE ROOM #10 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 1 applicable and install new conduit where necessary. $ 60.00 $ 75.20 $ -$ 135.20 $ $ 135.20 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. 176A ADMINISTRATION SIDE ROOM #11 OPEN OFFICE 2X2X3 PARABOLIC F 17T8 3 6 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 3 39 $ 225.00 $ 504.08 $ 1.20 $ 730.28 $ 195.00 $ 535.28 P840 N80 1768 ADMINISTRATION SIDE ROOM #11 OPEN OFFICE 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BLT2 40l AOPT EZ1 3 39 INTEGRATED 1 $ 225.00 $ 655.65 $ 1.20 $ 881 .85 $ 91.00 $ 790.85 LP840 NBD NESPOT7 Network all new fixtures together in th is area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where LITHON IA nPODM applicable and install new conduit where necessary. 176C ADMINISTRATION SIDE ROOM #11 OPEN OFFICE 2X2X3 PARABOLIC REPLACE SWITCHES DX 1 Remove existing line voltage wiring and cap offf at $ 60.00 $ 75.20 $ $ 135.20 $ -$ 135.20 appropriate location. Install new Cat 5 cable to switch location. Install new switch and switch plate. Blank off any unnecessary switches. The 3 sensored fixtures will go above the 3 individual cubicles 177A ADMINISTRATION SIDE ROOM #11 CLOSET a~ RECESSED CAN 26WCFLQUAO 2 1 RECESSED 8 1G REPLACE FIXTURES GE RC810840WDSOCLMR1V10 HOR 1 15.5 $ 60.00 $ 137.1 5 $ 2 .22 $ 199.37 $ 45.50 $ 153.87 178A ADMINISTRATION MAIN LAB 2X2X3 PARABOLIC F17T8 3 22 RE CESSED 8 2G2B REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1L 17 39 $ 1,275 .00 $ 2,858.43 $ 6 .80 $ 4 ,138.23 $ 1,1 05.00 s 3,033.23 P840 N80 178B ADMINISTRATION MAIN LAB 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2BLT2 40L ADPT EZ1 5 39 INTEGRATED 5 $ 375.00 $ 1,092 .75 s 2.00 $ 1,469.75 $ 455.00 $ 1,014.75 LP840 N80 NESPDT7 Network au new fixtures together in t his area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 178C ADMINISTRATION MAIN LAB 2X2X3 PARABOLIC REPLACE SWITCHES LITHONIA nPODM 2 applicable and install new conduit where necessary $ 120.00 $ 150AO $ -s 270.40 $ $ 270.40 DX Remove existing line voltage wiring and cap offf at appropriate location. Install new Cal 5 cable to switch location. Install new switch and switch plate Blank off any unnecessary switches. 179A ADMINISTRATION MAIN LAB EXIT 15W 2 INCANDESCENT 3 CEILING 8 EM REPLACE FIXTURES LITHONIA LOM S W 3G 1201277 3 1 $ 75.00 $ 158.63 $ -$ 233.63 $ 97.50 $ 136.13 0 VERIFY EMERGENCY LIGHTING 180A ADMINISTRATION MAIN LAB EXIT LED 1 1 CEILING 8 EM BATTERY BACK UP FIXTURES 1 -vERIFY EMERGENCY LIGHTING BATTERES $ 120.00 $ $ 2 .78 $ 122.78 $ $ 122.78 ARE ON A DEDICATED ON 24f7 CHARGE WHEN LIGHTS OFF EMERGENCY LI GHTING CIRCUIT 181A ADMINISTRATION MAIN LAB 1X3X1 PARABOLIC F30T12 1 24 RECESSED 8 LINE DIMMER REL.AMP REBALLAST GE LED18T8/3/840, LED21T8JDR/02L 24 16 $ 600.00 $ 3,642.50 $ 4.80 $ 4 ,247.30 $ 325.00 $ 3,922.30 182A ADMINISTRATION MAIN LAB s· RECESSED CAN HALOGEN 1 1 RECESSED 8 MAIN REPLACE FIXTURES GE RC610840WDSOCLMR1V10 1 15.5 $ 60.00 $ 137.15 $ 1.11 $ 198.26 $ 45.50 $ 152.76 183A ADMINISTRATION MAINTENANCE STORAGE 1X4X2 TURRET F34T12 2 12 CEILING, 12 1G REL.AMP REBALLAST CREE UR4840KFDLB2, 12 44 $ 420.00 $ 1,229.24 $ 6 .40 $ 1,655.64 $ 581.80 s 1,094.04 HARD PIPED UR24845L 1 OVFODR 1838 ADMINISTRATION MAINTENANCE STORAGE 1X4X2 TURRET REPLACE SWITCHES PTS60 2 One for each entrance $ 90.00 $ 150.40 $ $ 240.40 $ -$ 240.40 184A ADMINISTRATION MAINTENANCE OFFICE 1X4X2 TURRET F34T12 2 4 CEILING, 12 1G RELAMP REBALLAST CREE UR4840KFDLB2, 4 22 $ 140.00 $ 409.75 $ 2.13 $ 551 .88 $ 187.20 $ 364.68 HARDPIPTED UR24845L 1 OVFOOR 184B ADMINlSTRA T ION MAINTENANCE OFFICE 1 X4X2 TURRET REPLACE SWITCHES PTS 720 1 This PTS will tie to all the fixtures in line items 186. $ 45.00 $ 48.18 $ -$ 93.18 $ $ 93.18 188 185A ADMINISTRATION MAINTENANCE OFFICE 1X4X2WRAP F34T12 2 2 CEILING, 12 1G RELAMP REBALLAST CREE UR4840KFOL82, 2 22 $ 70.00 $ 204.87 $ 1.07 $ 275.94 $ 93.60 $ 182.34 HARD PIPTEO UR24845L 1 OVFDOR 186A ADMINISTRATION MAINTENANCE OFFICE 2X4X4WRAP F34T12 4 2 CEILING, 12 1G RELAMP REBALLAST CREE UR4840KFOLB2, 4 .. $ 140.00 $ 409 .75 $ 2 .13 $ 551 .88 $ 187.20 $ 364.68 HARO PIPED UR24845L 10VFDDR 187A ADMINISTRATION MAINTENANCE OFFICE EXIT 15W 2 2 CEILING, 10 EM REPLACE FIXTURES LITHONIA LQM SW 3G 1201277 2 1 $ 80.00 $ 105.75 $ $ 185.75 $ 65.00 $ 120.75 INCANDESCENT HARO PIPED - 188A ADMINISTRATION OFFICE 2X2X3 PARABOLIC F17T8 3 6 RECESSED 8 1G REPLACE FIXTURES LITHONIA 2Bl T2 40L ADPT EZ1 L 5 39 $ 375.00 $ 840.13 $ 2.00 $ 1,217.1 3 $ 325.00 $ 892.13 P840 N80 188B ADMINISTRATION OFFICE 2X2X3 PARABOLIC REPLACE FIXTURES LITHONIA 2Bl T2 40L ADPT EZ1 1 39 INTEGRATED 1 $ 75.00 $ 218.55 $ 0.40 $ 293 .95 $ 91 .00 $ 202.95 LP840 N80 NESPOT7 Network all new fixtures together in this area with Cat 5 cable so that sensored fixtures are tied to non- sensored fixtures. Utilize existing conduite where 188C ADM INISTRATION OFFICE 2X2X3 PARABOLIC REPLACE SWITCHES LI THONIA nPOOM 1 applicable and install new conduit where necessary. $ 60.00 $ 75.20 $ $ 135.20 $ -$ 135.20 ox Remove existing line voltage wiring and cap offf at appropriate location. Install nev.i Cat 5 cable to switch location Install new switch and switch plate. Blank off any unnecessary switches. 189A ADMINISTRATION MAINTENANCE HIGH BAY DOME HIGH BAY 250WMH ' 15 BOX, 30 3G3B REPLACE FI XTURES GE ABV102T47DNV23KNW 15 134 $ 1,800.00 $ 7,769.64 $ 41 .67 $ 9 ,811 .31 $ 2,632.50 $ 6,978.81 PENDANT 189B ADMINISTRATION MAINTENANCE HIGH BAY DOME HIGH BAY REPLACE SWITCHES PTS 720 3 Install new PTS t imer $ 135 .00 $ 144.53 $ $ 279.53 $ -$ 279.53 .. VERIFY EMERGENCY LIGHTING 189C ADMINISTRATION MAINTENANCE HIGH BAY DOME HIGH BAY BATTERY BACK UP FIXTURES .. VERIFY EMERGENCY LIGHTING BATTERES $ $ $ $ $ $ ARE ON A DEDICATED ON 24'7 CHARGE WHEN LIGHTS OFF - EMERGENCY LIGHTING CIR CUIT 190A ADMINISTRATION MAINTENANCE HIGH BAY 1X4X1 WRAP F34T12 1 5 WALL, HARO 8 1GX2 RELAMP REBALLAST CREE UR4840KFDLB2, 5 22 $ 175.00 $ 512.18 $ 2 .67 $ 689.85 $ 234.00 $ 455.85 PIPTEO UR24845L 1 OVFDOR 191A ADMINISTRATION MAINTENANCE HIGH BAY 1X4X2 TURRET F34T12 2 1 CEILING, 10 1G RELAMP REBALLAST CREE UR4840KFDLB2, 1 44 $ 35.00 $ 102.44 $ 0 .53 $ 137.97 $· 46.80 $ 91 .17 HARO PIPED UR24845L 1 OVFDDR 192A ADMINISTRATION MAINTENANCE HIGH BAY EXIT 15W 2 2 WALL 8 EM REPLACE FIXTURES LI THONIA LQM SW 3G 120/277 INCANDESCENT 2 1 $ 50.00 $ 105.75 $ $ 155.75 $ 65.00 $ 90.75 193A ADMINISTRATION PAINT STORAGE 1X4X2 TURRET F34T12 2 4 CEILING, 12 1G RELAMP REBALLAST CREE UR4840KFOLB2, 4 44 $ 140.00 $ 409.75 $ 2.13 $ 551 .88 $ 187.20 $ 364.68 HARD PIPED UR24845L 1 OVFD DR 193B ADMINISTRATION PAINT STORAGE 1X4X2 TURRET REPLACE SWITCH ES WSX-PDT 1 Install new wall switch sensor $ 25.00 $ 79.90 $ -$ 104.90 $ 19.50 s 85.40 194A ADMINISTRATION PAINT STORAGE 1X8X4 TURRET F32T8/41 4 1 CEILING, 7 1GX2 RELAMP REBALLAST CREE UR4840KFDLB2, 2 88 s 70.00 s 204 .87 $ 1.07 $ 275.94 s 52.00 $ 223.94 HARD PJPED UR24845L 10VFOOR 195A ADMINISTRATION PAINT STORAGE 1X8X2 INDUSTR IAL F96T12HO 2 1 CHAIN, WHIP 10 TIA RELAMP REBALLAST CREE UR4840KFOLB2, 2 88 $ 70 .00 $ 204.87 $ 1.07 s 275.94 s 52 .00 $ 223.94 UR24845L 10VFODR 196A ADMINISTRATION PART ROOM 1X4X2 TURRET F34T12 2 9 CEILING, 12 1G RELAMP REBALLAST CREE UR4840KFDLB2, 9 44 $ 315 .00 s 921 .93 s 4 .80 s 1,241.73 $· 421.20 $ -HARD PIPED UR24845L 10VFDDR 196B ADMINISTRATION PART ROOM 1X4X2 TURRET REPLACE SWITCHES PTS60 1 Install new PTS timer s 45.00 s 48.18 s $ 93.18 $ -$ 93.18 PERMIT FEE $ 50.00 BOND $ 2,523.75 ADMINISTRATION TAXES $ 3,421 .84 TOTAL PRICE $ 170,823.54 TOTALS FOR ALL AREAS s 87,679.00 $ 252,922.12 $ 1,1 27.53 s 354,666.42 $ 54,687.88 s 286,220.24 TOTAL PRICE INCLUDING TAXES, BOND, < AND PERMITTING WITH REBA TE s 299 ,978.54 SUBTRACTED SWITCHING KEY 1G ONE GANG SWITCH TIA FI XTUR ES TIED TO SWITCH IN LINE ITEM A BOVE 1G EPB EXPLOSION PROOF BOX 1GX2 TWO SINGLE GANG SWITCHES 1GX2B3WAY TWO SINGLE GANG SWITCHES, TWO BANKS OF LIGHTS, THREE WAY SWITCHING 2G2 B DOUBLE GANG BOX WITH TWO BANKS OF LIGHTS Bl-LEVEL 211 Bl-LEVEL SWITCHING, 2LAMPS ON /OFF, 1 LAMP ON/OFF Bl-LEVEL 2/1 3 WAY Bl-LEVEL SWITCHING, 2LAMPS ON/OFF, 1 LAMP ON /OFF, TIHREE WAY SWITCHING EM EMERGENCY CIRICUIT EXTERIOR EXTER IOR CIRCUIT 1G LINE DIMMER ONE GANG SWITCH WITH LINE VOLTAGE DIMMER 1G LOCKED ONE GANG , LOCKED SWITCH 1G,3WAY 1 GANG SWITCH , 3 WAY SWITCHING 1G , 3 WAY EPB 3 WAY SWITCHING WITH EXPLOSION PROOF BOX 1G , 4 WAY, EPB 4 WAY SWITCHING WITH EXPLOSION PROOF BOX MAIN ON BREAKER • • • PROCLAMATION WHEREAS, to support an initiative of the United States Small Business Administration in coordination with the National League of Cities, is requesting cities and communities to take this Startup in a Day pledge; and WHEREAS, the City of Englewood is committed to making it easier for every entrepreneur to start a business; and WHEREAS, Englewood acknowledges that an entrepreneur's time is best spent developing innovative products and services, that will grow the local economy; and WHEREAS, while zoning rules, licenses, and permits are important to ensuring public safety and competition, it should not take more than a day for an entrepreneur to identify and apply, ideally through a single online tool, for all the licenses and permits they need in order to responsibly launch a business. NOW THEREFORE, I, Joe Jefferson, Mayor of the City of Englewood, Colorado, hereby proclaims STARTUP IN A DAY in the City of Englewood, Colorado. The City of Englewood hereby makes this "Startup in a Day Pledge" and commitment. The City will endeavor to create a "Startup in a Day" online tool and to develop within a year a website or application process that will enable most entrepreneurs to identify and apply, within one day, for all requirements to launch a business in our community. The City will endeavor to develop a streamlined, business-friendly, online permitting system: Our pledge is a first step in a larger effort to streamline, simplify, and bring online those regulatory requirements that have traditionally been fragmented across multiple agencies and handled through a paper-based process. Our ultimate goal is for small business owners to be able to manage and complete most of their regulatory obligations within a single easy-to-use online system. The City will share best practices: In an effort to encourage other municipalities to join us in this effort, we are joining a community of practice administered by the National League of Cities, and commit to sharing best practices, publicizing key initiatives, highlighting tangible outcomes, supporting smart regulatory simplification, and providing visibility into our actions GIVEN under my hand and seal this 17th day of October, 2016 . Joe Jefferson, Mayor • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 17, 2016 9ai Intergovernmental Agreement -Arapahoe County Narcotics Team Initiated By: Staff Source: Police Department Commander Vance Fender PREVIOUS COUNCIL ACTION City Council previously approved our participation on the Arapahoe County Impact Team (Ordinance No . 59, Series of 2013). RECOMMENDED ACTION The Police Department is recommending that City Council approve an Ordinance on first reading authorizing an Intergovernmental Agreement between the Englewood Police Department, the Arapahoe County Sheriff's Office and the Littleton Police Department which will allow our participation on the Arapahoe County Narcotics Team (ACNT). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently, the Police Department participates on the Arapahoe County Impact Team (ACIT) with the purpose of combining law enforcement resources in order to better identify, investigate, and combat criminal activity within Arapahoe County, Colorado. Whereas the purpose of the ACIT is to combat pattern crimes, drugs , etc ., the purpose of the ACNT is to specifically address drug-related crime to include doing case filings for our agency. When fully staffed, one Sergeant and one Investigator will be assigned to the ACNT in order to assist with criminal drug investigations in both Englewood and Arapahoe County. FINANCIAL IMPACT There will be no additional financial impact. One Sergeant and one Investigator will be assigned to the ACNT. The salary/benefits of these positions will be paid by the Police Department. LIST OF ATTACHMENTS Bill for an Ordinance ACNT Intergovernmental Agreement • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ENGLEWOOD POLICE DEPARTMENT, THE LITTLETON POLICE DEPARTMENT AND THE ARAPAHOE COUNTY SHERIFF'S OFFICE (ACSO) FOR PARTICIPATION IN A MULTI-JURISDICTIONAL TEAM "THE ARAPAHOE COUNTY NARCOTICS TEAM" (ACNT). WHEREAS, C .R.S 29-1-203 as well as Article XIV §18(2) of the Colorado Constitution encourage governmental entities to make efficient and effective use of their powers and responsibilities through cooperation and the execution of intergovernmental agreements; and WHEREAS, the City Council of the City of Englewood approved Englewood's participation on the Arapahoe County Impact Team (ACIT) by the passage of Ordinance No. 59, Series 2013; and WHEREAS, the Arapahoe County Impact Team (ACIT) is a multi-agency law enforcement team that combines law enforcement resources, to better identify, investigate, and combat criminal activity within Arapahoe County, Colorado; and WHEREAS, the purpose of the ACIT is to combat pattern crimes, drugs, etc. the purpose of the Arapahoe County Narcotics Team (ACNT) is to specifically address drug-related crime to include doing case filings for Englewood; and WHEREAS, when fully staffed, one Sergeant and one Investigator will be assigned to the Arapahoe County Narcotics Team (ACNT) in order to assist with criminal drug investigations in both Englewood and Arapahoe County, whose salary/benefits will be paid by the Englewood Police Department. 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 Englewood's participation in the Arapahoe County Narcotics Team (ACNT), attached hereto as "Exhibit A". Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 17th day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of • October, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of October, 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 17th day of October, 2016. Loucrishia A. Ellis • • • • • INTER,GOVERNMENT AL AGRltEMENT This Agreement i.s made:and · entered Into this __ day pf 2016, by and between the ClTY OF ENGLEWOOD, acting 011 behalf of the ENGLEWOOD POLICE DEPARTMENT, the CITY OF LITTLETON, acting on behalf of the LIITLETON J>OLICE DEPARMENT, and the BOARD OF COUNTY {50MMISS10NERS OF ARAPAHOE COUNTY, ST.ATE QF COl,..ORADO, acting. on ·. behalf of the ARAPAHOE CQONtY SH.ERIFrs· OFFICE ("Acso·'), and provides as follows: WHEREAS, Section 29.-J.:203 of the , Co!Prado Revised Statues. as well Article XIV, Section .18(2), of the Colorado Constiti1tion, encourage governmental entlties to. inake efficient and effectlv~ use of th~ir pow~rs and responsibilities through coo~ration and the .execution .of' iritergoveriunental agreements; and WHEREAS, intergovernmental agreements may ptovide for the Joint ex.ercise of functions, servic~s .. or.faciljtie.s lawftillyauthoriz~d to eac;h contracting .governmental entitY:; ~nd Wf:IEREAS, the signatories to thi.s agreement ar~ each authorized by law to prov id~ faw enforcement and other eme.1:gency services: and WHEREAS, narto.tics ' relate~. actiyifies and related crimes commonly trat1s.Gend the geographical botnidaries of the separate goveJimierita.l jurisdietions situated within the county of Arapahoe; and. WHEREAS~ th~:partfos here.to qesi~e to share and coordi'nate re~o .urces in the eoforc(:;ment, intervention, ahd prevention of narcotics related activities and related crimes within the county of Arap~hoe; and · NOW THEREFORE, i~1 considcfation cif the. foregoing recitals and the 111utual tt;i·ms, covenimts~ and conditjon.s se.t fo1ih belQW, the sigllatories hereto v~luntarily agree. as follows:. i. TI1e purpose of thiS agr~.em~nt is ta set forth a framewot;kwithin which the parties her~to shall combine their 13wenforcement resources in order to better identify~ investigate, arid combat m1rcotics · related activities and related crimes within Arapahoe Counfy, Colora,:do, through the creation ofaspecial mulfr~jurisdictioilaf crilriinal investigatfons·.unit contpdsed ofme·rnbers drawn from each participating jutisdiction. This. unit. shall be :Jaio .wn . C1$ the .. Arapahoe County Nan;otics Team e'ACNT'). Those entities participating in the formation and operation: of the ACNFshall be i'eferred to herein as· "memberjurisdictions:-· 2. Each ineinbel'jurisdk.tiop shall assigh not less than one sworn law enforceme1~t officer ta. the ACNT who shall serve on the unit o~ a fullt4~1e ·basis during ·the assign,nent. Aii offi,cers assigned to the ACNT shall have . been adequately trained by their home jurisdiction in criminal investigative tecliniqlies and operations prior to their assignment~ The total number ofpef$Qns who E x H I B I T A shall or may be .assigned to the ACNT from any 611e member jui'isqictioti shall be agreed upon by. lhe participciting entities from time . to tii:ne as circ~1mstances and needs warrant.. Each member jurisdictiOn shall be solely responsiblefor 'the salary and other compensatiOil paid the officer(s) it may assign to the ACNT, and shall supply !4 ACNT 9fficers such· ~qui.pment, including, where· appropdate, vehi.Cles., necessary to allow both the officei-and the ACNT to ~ffectively .carry · out their resp€:ctive dµtjes and· resp_onsibiUties, 3. Offi9ers assigned to the ACN.T ~hall .serv~ a tour of duty qetetmi11ed by the ,afficer's hoi:nejurisdiction unless or until the assig1Jment is withdrawn bythe·officer'sJ1ome jurisdiction or is otheiwise terminated as ·elsewhere provided for in this agreement. .4. Each officer and/or either · person assigned to serve cin the ACNT shall remain . the employee of his or .her liqme jurisdiction and shall. likewise, remain sµbj~ctto and covered l}nd~r that jurisdiction's liability arid other irisl1rance or self-insura1ice coverage, in .addition to itS personnel pplides and · procedures, inclusive of policies ~nd procedures governing overtime, .employment compensation. and benefit.s; worker's. coinpensation, vacation and .sick tim~. grieva11ces and discipline,job pe1formance review, duty assjgmnents, and termination. Eac::h member jutisdictio11 shaH also retain resp<msibility fot the conduct of those officers it assigns to the ACNT and will be responsible for ii-tvestigating and handli11g ~y co,mpl~ints made against thase ,officers it assignsto the. AcNT. ln th.e·event a claiin or legal action should be brought against an .c>fficer assigned to th~ ACNTand/or the ACNTarising from the a5signed officer's conduct~. the member jurisdictiQn that assigned Qie officer fo ~he. ACNT, at. its sole cost, shall be responsibk to defend 'and indemn'ify the officer · corisistent with the terms arid limitations provideq undet the Colorado Li~bilityofPeace Officers Statute and Oovernmental Immunity Act, CoLO:REV.STAT. §§ 29:-5~.J U imd 24-l Q-101 1 et seq., respectively. The provisions of this paragraph shall -survive and i·einain jn. effect _against any JT'lel.bber jurisdiGtion that shouh;f vyithdraw from pm1icipat\on in the AC}\ff1 as well as the-tenrtination of the_ agreement.. 5. The ArapahQe County Sheriff sh~H deputize. all officers assigned to tlw ACNT as Arapahoe County Sheriffs deputies. in order to ·ensure that each officer has-law ~nforcement auih9rity throughout .. Arapaho~ Coµnty. The term of that ~ppolntment sh~U remain effe .ctivc during the term of the officer·' s assignment to the ACNT and will alitomaticaily tenniriate if ot when the officer is withdrawn or terminated from the ACNT, or unles.s the appointment is otherwise terminated in the discretioh ofthe-Atapahoe County Sheriff. The officer and en1ploying metnbet jutisdiction shall be provided nc}tice of any sucp termination, Each l1len~ber jurisdiction, by sigrii11gthis agreement, also acknowledges. and ~tees that officers assigi1ed· to the ACNT and deputized by the Arapahoe County Sheriff shalf be vested by the jurisdiction with the authority to e>;erpise ~heir fl,lll law enforcement authority wiihin the . geographical boundaries of the m~n1ber j urisdictio·n. when performitig ACNT activities. This al1thority shall .temain effective during. the tcm1 ,ofthe· officer's assignment to, theACNT unless the same is withd.rawn or te.rminated by the vesting niel'nber jurisdiction. 6. T!wACNT shall operate from offices within the ACSO ai1d the day-to-day management a.rtd tactical cohmia:nd of the ACNT shall .fest in a · neutenant (the ACNT Commander) with the . . . . 2 • • • • • • ACSO;who shall be-assigned to the unit by ~he Arapahoe Cou1ity Sheriff. Upon reaso.nable notice ·, to the .member jurisqiction ano Arapahoe: County Sheriff, the ACNT Commander shall have the authority and discretion to terminate th·e assignment of any officer upon such grou1ids .as he or she m~y deem necesisary or appropriat~ for the efficient and/or effectiv~ o~ration of the unit. 6a .. Disptites :among officers and/-Or other staff assigned. to the ACNT shall be· n:solved coor.erativcly among such officers/staff and their assigned Sergeant(s). If the ·dispute cannot be resolved cooperatively among the officers/staff and their assigned .Sergeant(s), the . dispt,Jte shall be . elevated to the ACNT Commander who shall attempt to resolve . the dispute in conjunction with supetvisor(s) frnm the .home jurisdiction of the · involved ACNT off.ieers/~taff. Any disdplinary action .imposed agai!lst officers apd/or. staff assigned to ACNT as a result of his or her invoivement m· participation in ACNT ·shaif. be the responsibility of the homeji:tr.iscfiction who . assigned such offfo~r and/or staff, · · 7. Theoperati()ns:.ofthe ACNT ~hall be informed and guidedbythe policies .and procedures oftbe AC$0. ACSO sl1alf serve as the:repository for all reports; .evidence,a'.ndrecords ·cdmpiled or generated by the ACNT's ·activities. ACSO shall also serve as the custodi.an . of records u.nder the Color~do Criminal Justice Records Act (CCJRA) and/or the Colorado Open Records · Act . (CORA) as it relates to any reoordsrelated to the. operations ofACNT . &. Net forfeitures gei1erated fron) seizures of i'noney ·and/or personal .or r~al pr9pe1ty restdtirig from ACNT pper.ations sha.11 be . mainµiined by ACSO folioW.irtg est~blished forfeiture gµidelines as set fo1th in .C.R.S. ·§§ l 6-13-3H to 16-13-315,: the Colorado Coritraba11d Forfeit~1re Act, C:R'.S. :§§ 16-13..:5(} 1, e(.,teq~ and/or p.tJrsuanf to federal .gt:1.i<;lelin.es~ ~uch fol'fe]tures sh~ll be the sole property of ACSO and shall be deposited :in Arapahoe County's Forfeited Property Fund, and expendit~1res. ·of the. s'1:n1e shaH be made only :after approval by the ·Com~ittee on .Di~position qfForfoited Property, as set forth inArapahoe ·County.'s Forfeited Pr.opet•ty Expenditure .Policy. 9: The management and . general operations of the A.CN'r shall be subject to joint review by the chief law·enforcei11ent.officers from each member jurisdiction (or their authorized designee) sitting fogcther as. they lllay deem n .e~essary or appropdateJrom time to time. It is.not the .intent of the membe.r jurisdictions to create a separate legal ertticy or government subdivision/ag~nc.y by the ·creation ofthe ACNTartd any m~mber jurisdiction may, wi.thin its discretion ,. withdraw :.from pardcipation iQ the ACNT at any time ·tfponproviding Written notice to the other members not less thanthi1 •ty(30) days prior to such withdrawal.This agreemerit may a[so be termin.ated in its entirety upon the affinnative vot~ ofa1t1ajority of the member jurisdictions. l 0. No ·change, ~m~n.dment, or waiver or any of the tertns ;or provisions of this ag\'eement shall be valid ot bindfng un1ess the same has been approved in writing by all men1ber,jul'isdictions . 11. This agreement is made solely for the benefit of the parties llerefo and is not intended, nor sl1all it be dee1i1ed,to Confer, give,. or allow any .rights or claiin or right of action by any person pr entity not signato(y he.refo . · L2. This agh~ement embodies the · entire-agreement of the parties. Th~re ai:e no prorri1s~s. ter:ms •. ~onditions,: or obligaticms other than tlwse CO!lta,ined herein; and this writing supersedes all previous communications~ represerita:tfons-. or agreements, either verbal or written, between the· parties. 13. This · ag_reement may be executed ih several coun~erparts an,d, as so : exe~µted, shall · i;:onstitute on~. agr~eme11t, binding on. all th«!· parties ·even. though all have not signed the ·same coiii1terpart. Ariy COi.lriterpart whi"cl1 'has .attacheq .to it sepiu:tite signafi1re. p11g~s. whic.h together con~in th~ signature of aJl ~he partfos shall be deemed a: fuiiy ' ex~cuted instrtimentfo1: aJJ purposes. 14. This agreep.1ent shall not. be deemed a .pledge of-the credit of any signatory . hereto, and nothing herein :shali be construed fo create a ·multiple~fisc~l year dir~ct or indirect debt or. Ummciial obligation, 15. This agreement shall not become effective · or J,e binding against any memb~.r jurisdiction \:?Xcept upon the affirmative .written approval oi: authorization of the · legislative body for S\1th jurisdiction. lN WITNESS WHEREOF~ the parti~ ·hav~ execute.cl this. ag1'.e~rnentas ofthe date written . . above .. THE CITY OF ENGLEWOOD By:. __________ _ PrintedName: Joe Jefferson Ti~le: Mayor ATTEST: Title: Loucrishia A. Ellis APPROVED AS TO :FORM~ Title: 4 THE CITY OF LITTLETON By: ___________ _ Phil Cernanec, M~yor & Council President ATTEST: Titie: APP.ROVED AS TO .FORM: title: • • • • • • BOARD OF COUNTY COMMISSIONER:S AMPAHOE COPNTY, COLO.RADO By:_·---------- Pl-inted . Name: Title.: ATTEST: Clerk of the Board: 5 COUNCIL COMMUNICATION Date October 17 , 2016 Initiated By Agenda Item 9bi Department of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Adopting The Budget For The Littleton/Englewood Wastewater Treatment Plant For Fiscal Year 2017-2nd Readin Staff Source Kath Rinkel , Director City Council and staff began the 2017 budget process at the April 18 , 2016 Study Session with an overview of the City 's Fiscal Health and Wellness by means of the Center for Priority Based Budgeting 's Fiscal Health and Wellness Tool, General Fund Reserve Policy and preliminary budget discussion. The Proposed Budget was provided to the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee at their August 18, 2016 meeting . The Proposed Budget was discussed with Council at the August 22, Study Session . The Proposed Budget was reviewed again with Council and staff at the August 29 Study Session. On September 12, 2016, the Budget Advisory Committee provided Council with an update of their activities and provided an Annual Report regarding their findings and recommendations . • public hearing to gather citizen input regarding the 2017 Proposed Budget was held on September 19, 2016 . ~ue to no public comment from the public hearing necessitating changes to the proposed budget , the "budget workshop" scheduled for the September 26, 2016 Study Session was not held . RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance , on second reading, adopting the Littleton/Englewood Wastewater Treatment Plant Budget for fiscal year 2017 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City Council of the City of Englewood acts as administering authority for the Littleton/Englewood Wastewater Treatment Plant , a part of the duties include adopting bills for ordinances for the 2017 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The 2017 Littleton/Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115,67 4 , total sources of funds of $19 , 155 ,242 and total uses of funds of at $19 , 155,242 leaving the ending funds available balance at $115 ,67 4. The total appropriation (use of funds) for 2017 is $19 , 155,242 . LIST OF ATTACHMENTS Proposed bill for ordinance • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 2016 COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR FISCAL YEAR2017. WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission on September 12, 2016. The hearing was held at the meeting of City Council on September 19, 2016, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2017 was provided to the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee at their meeting; held on August 18, 2016; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2017 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the Littleton/Englewood Wastewater Treatment Plant for fiscal year 2017, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2017, as follows : Littleton/Englewood Wastewater Treatment Plant Fund Balance-January 1, 2017 Revenues Expenditures Fund Balance -December 31, 2017 1 $ $ $ $ 115,674 19,155,242 19,155,242 115,674 Section 2. That the said budget as accepted shall be a public record in the Office of the City • Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 3rd day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of October, 2016. Published as a Bill for an Ordinance on the City 's official website beginning on the 5th day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 17th day of October, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 20th day of October, 2016. Published by title on the City's official website beginning on the 19th day of October, 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 2 • • COUNCIL COMMUNICATION Date October 17, 2016 Agenda Item 9bii Initiated By Department of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Appropriating Funds For The Littleton/Englewood Wastewater Treatment Plant For Fiscal Year 2017-2nd Readin Staff Source Kathy Rinkel, Director City Council and staff began the 2017 budget process at the April 18, 2016 Study Session with an overview of the City's Fiscal Health and Wellness by means of the Center for Priority Based Budgeting's Fiscal Health and Wellness Tool, General Fund Reserve Policy and preliminary budget discussion. The Proposed Budget was provided to the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee at their August 18, 2016 meeting . The Proposed Budget was discussed with Council at the August 22, Study Session . The Proposed Budget was reviewed again with Council and staff at the August 29 Study Session . On September 12, 2016, the Budget Advisory Committee provided Council with an update of their activities and provided an Annual Report regarding their findings and recommendations. A public hearing to gather citizen input regarding the 2017 Proposed Budget was held on September 19, 2016 . • e to no public comment from the public hearing necessitating changes to the proposed budget, the "budget workshop" scheduled for the September 26, 2016 Study Session was not held . RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance, on second reading, appropriating funds for the Littleton/Englewood Wastewater Treatment Plant for fiscal year 2017. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City Council of the City of Englewood acts as administering authority for the Littleton/Englewood Wastewater Treatment Plant, a part of the duties include adopting bills for ordinances for the 2017 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The 2017 Littleton/Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance of $115 ,674, total sources of funds of $19, 155,242 and total uses of funds of at $19, 155,242 leaving the ending funds available balance at $115,674. The total appropriation (use of funds) for 2017 is $19 , 155,242. LIST OF ATTACHMENTS Proposed bill for ordinance • .· • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO . 33 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2017, AND ENDING DECEMBER 31, 2017, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2017. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littleton/Englewood Wastewater Treatment Plant under the control of the Supervisory Committee; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant has its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee was provided the following as the 2017 appropriations at their meeting held on August 18, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That pursuant to the Littleton/Englewood Wastewater Treatment Plant agreement, there be and hereby is appropriated from the revenue derived from operation of the Littleton/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant Fund including available fund balance during the year beginning January 1, 201 7 , and ending December 31, 2017, the amounts hereinafter set forth for the object and purpose specified as follows: Total Littleton/Englewood Wastewater Treatment Plant Fund $ 19,155,242 Introduced, read in full, and passed on first reading on the 3rd day of October, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of October, 2016 . 1 Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 17th day of October, 2016. Published by title in the City's official newspaper as Ordinance No ._, Series of 2016, on the 20th day of October, 2016. Published by title on the City's official website beginning on the 19th day of October, 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 of2016. Loucrishia A. Ellis 2 • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 17, 2016 9biii Consol idation of the Department of Parks & Recreation with the Department of Library Services and the creation of a new Communications Department- 2nd Reading Initiated By: Staff Source: Council Action Murphy Robinson , Assistant City Manager PREVIOUS COUNCIL ACTION Communications Department: Council reached consensus on the Communications Strategy and the creation of a Communications Department at the August 15, 2016 , Study Session. RECOMMENDED ACTION Since both changes require an ordinance , staff recommends adopting both actions in the same ordinance, on second reading . In accordance with Charter Article VII ; Section 52(g); the consolidation of city departments and the creation of a new department must be codified into ordinance by the City Council. The recommended action is to adopt the consolidation of Parks, Recreation and Library Services and the creation of the Department of Communications. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 2015, Parks, Recreation , and Library Services have operated as one department. As this methodology has been tested and has proven successful , an official consolidation into one department for Parks, Recreation, and Library is being recommended. After a thorough analysis conducted by Cahoots Communications, Inc., several areas of improvement and opportunity were identified and presented to Council in the areas of communication, marketing, and brand strategy. The Council approved the direction of creating a new communications department and consolidating and coordinating communication activities through the new department. Communications activities were historically managed through staff in the City Manager's Office. This new department allows for better collaboration across the organization , assisting departments to meet their communication and marketing goals . The new management of the department, through Cahoots Communications in 2017 , will the allow the City to improve internal communications, increase brand reach and efficacy , and provide a high level of proactivity in marketing and public communication. This will deliver a high quality product while stretching limited public resources further . Furthermore , consolidation of city departmental resources through the new department • and the expertise of Cahoots will maximize reach, effectiveness, and long-term sustainability of the Communications Strategy. FINANCIAL IMPACT Parks , Recreation , and Library Services No fiscal impact. Communications Department The departmental activities , staffing, and other costs are currently budgeted as reflected in the 2017 Budget. LIST OF ATTACHMENTS Ordinance • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO . 36 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 2 -DEPARTMENT AL ORGANIZATION BY COMBINING THE DEPARTMENT OF LIBRARY SERVICES; AND THE DEPARTMENT OF PARKS AND RECREATION INTO THE PARKS, RECREATION AND LIBRARY SERVICES ; AND THE CREATION OF A NEW COMMUNICATIONS DEPARTMENT, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, prior to 2015 the City of Englewood Parks and Recreation Department and Library Services have been separate departments; and WHEREAS, since 2015 the administration has operated the Park, Recreation and Library Services as one department; and WHEREAS, since the consolidation the combined Park, Recreation and Library Services • Department has been a proven success; and • WHEREAS, in order to streamline collaboration across the organization and assisting departments to meet their communication and marketing goals, a Communications Department is to be created; and WHEREAS, in order to consolidate Departments and establish a new administrative department the City Manager must have prior approval of the City Council by ordinance, as set forth under Article VII, Section 52(g) of the Englewood Home Rule Charter. 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 amending Title 1, Chapter 6, Section 2-Departmental Organization of the Englewood Municipal Code 2000 to read as follows: 1-6-2: Departmental Organization . A. The departmental organization of the City shall be divided under the City Manager into the following departments: Community Development Finance and Administrative Services Fire Department Human Resources 1 Information Technology Library Serviees Parks. Recreation and Library Services Parks aRcl Reereation Communications Police Department Public Works Utilities B . Reference to a department director in this Code by any title other than set forth in this Section shall be construed to refer to the department director as set forth herein . C. The City Manager may, on a temporary basis , reassign duties and responsibilities to departments in the best interests of the City. Section 2 . The City Council of the City of Englewood, Colorado hereby authorizes amending Title 1, Chapter 6, Section G -Department of Library Services of the Englewood Municipal Code 2000 to read as follows : Article G. DEPARTMENT OF PARKS. RECREATION AND LIBRARY SERVICES. 1-6G-1: General Responsibilities . The Department of Parks. Recreation and Library Services shall provide recreation programs and services utilizing the various recreation facilities in the community and shall operate and maintain the golf course. ball fields. shelter houses. playgrounds. beach. or any other open area owned and used by the City devoted to or designated for active or passive recreation: and shall operate the City's libraries and administer the same in the interest of the entire community. Section 3 . The City Council of the City of Englewood, Colorado hereby authorizes amending Title 1, Chapter 6, Section H-Department of Parks and Recreation of the Englewood Municipal Code 2000 shall be repealed in its entirety and combined in Article G -Library Services. ARTICLE H. DEPARTMENT OF :PARKS A..."l\ID RECREATION 1 ell 1: General Responsil:iilities. The Department of Parks ancl Reereation shall provicle reereation programs ancl seF¥iees l::lt:ilizing the varioHs reereation faeilities in the eolllfl3:Hnity ancl shall operate ancl maimain the golf eoHFse, l:iall fielcls , sheker hoHses , playgrol::l:Bcls , l:ieaeh, or ailJ' other open area ovmecl ancl Hsecl B)' the City clevotecl to or clesignatecl fur active or passiv=e reereation. Section 4 . The City Council of the City of Englewood, Colorado hereby authorizes amending Title 1, Chapter 6, by the addition of a new Section H -Department of Communications of the Englewood Municipal Code 2000 to read as follows : 2 • • • • • • ARTICLE H. DEPARTMENT OF COMMUNICATIONS . 1-6H-1: General Responsibilities . The Department of Communications shall provide collaboration across the organization assisting departments to meet their communication and marketing goals. Section 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Section 7 Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 8. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full, and passed on first reading on the 3rd day of October, 2016. Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 6th day of October, 2016 . Published as a Bill for an Ordinance on the City 's official website beginning on the 5th day of October, 2016 for thirty (30) days . Read by title and passed on final reading on the 17th day of October, 2016 . Published by title in the City's official newspaper as Ordinance No . _, Series of 2016 , on the 20th day of October, 2016 . Published by title on the City 's official website beginning on the 19th day of October, 2016 for thirty (30) days . 3 This Ordinance shall take effect thirty (30) days after publication following final passage. 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 4 • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 17, 2016 9biv Intergovernmental Agreement -CISC Regional Data Warehouse- 2nd Reading Initiated By: Staff Source: Police Department Commander Vance Fender PREVIOUS COUNCIL ACTION City Council previously approved our participation in the Colorado Information Sharing Consortium (CISC) (Ordinance No. 22, Series of 2014). 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 an Intergovernmental Agreement to allow our participation in the Colorado Information Sharing Consortium (CISC) Regional Data Warehouse. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The CISC was established in 2007 to further the sharing of information between and among law enforcement agencies within the State of Colorado through the use of "Coplink" which is hosted by IBM. In June of 2016, the CISC Board invited IBM and two other industry partners, Numerica and Xerox, to offer proposals as to how they would help the CISC establish its own secure data warehouse; an electronic "tank" or secure "cloud" that could safely store a copy of all authorized Member Agency data. The CISC Board subsequently chose Numerica to make the regional data warehouse (ROW) a reality. As part of this agreement, Numerica will provide access to the Lumen Client Software Service (LCSS) which is a data analytic software service that enables the searching, analyzing, and sharing of law enforcement and criminal justice data. FINANCIAL IMPACT The estimated cost (until the CISC Board finalizes the budget) will not exceed $76.01/certified officer= $5,852.77. These funds are already appropriated for in the budget as we have been a member of the CISC since 2010. LIST OF ATTACHMENTS Bill for an Ordinance Services Agreement for a Law Enforcement Data Warehouse • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "SERVICES AGREEMENT FOR A LAW ENFORCEMENT DATA WAREHOUSE" BETWEEN THE COLORADO INFORMATION SHARING CONSORTIUM (CISC) AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, in 2014 the City Council of the City of Englewood, Colorado approved the City's participation in Colorado Information Sharing Consortium (CISC) by the passage of Ordinance No. 22, Series of 2014; and WHEREAS, in June of 2016 the CISC Board invited IBM and two other industry partners, Numerica and Xerox, to offer proposals as to how they would help the CISC establish its own secure data warehouse; and electronic "tank" or secure "cloud" that could safely store a copy of all authorized Member Agency data; and WHEREAS, the CISC Board subsequently chose Numerica to make the regional data warehouse (RDW) a reality; and WHEREAS, as a part of this Agreement, Numerica will provide access to the Lumen Client Software Service (LCSS) which is a data analytic software service that enables the searching, analyzing and sharing of law enforcement and criminal justice data; and WHEREAS, the passage of this Ordinance authorizes the City of Englewood to participate in the Colorado Information Sharing Consortium (CISC) Regional Data Warehouse; and WHEREAS, no federal funding will be used by the City in the execution of this agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement for the City of Englewood to participate in the Colorado Information Sharing Consortium (CISC) entitled "Services Agreement for a Law Enforcement Data Warehouse", attached hereto as "Exhibit A". Section 2. The Englewood City Council hereby authorizes the Chief of Police to sign the agreement for and on behalf of the City of Englewood, attached as Exhibit A. Introduced, read in full, and passed on first reading on the 3rd day of October, 2016 . 1 Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 6th day of October, 2016 . • Published as a Bill for an Ordinance on the City 's official website beginning on the 5th day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 17th day of October, 2016. Published by title in the City's official newspaper as Ordinance No. _, Series of 2016, on the 20th day of October, 2016 . Published by title on the City 's official website beginning on the 19th day of October, 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 2 • • • • • SERVICES AGREEMENT FOR A LAW ENFORCEMENT DATA WAREHOUSE This Services Agreement for a Law Enforcement Data Warehouse (this "Agreement," including all attachments hereto) is entered into as of June 13, 2016 (the "Effective Date"), by and among the Colorado Information Sharing Consortium, a Colorado local government entity (the "CISC"), Numerica Corporation, a Colorado corporation ("Numerica"), and the Member Agencies who have joined this Agreement pursuant to Section 3. The CISC, Numerica, and the Member Agencies who have joined this Agreement may be referred to herein as a "Party" or the "Parties". Capitalized tenns used in this Agreement are defined throughout this Agreement. RECITALS A. The purpose of the CISC is to facilitate the sharing of law enforcement and criminal justice data and information by and among the Member Agencies and with other law enforcement agencies. B. The CISC desires to implement and offer a scalable data warehouse hosting law enforcement and criminal justice data from Member Agencies. The CISC desires: (i) that the data warehouse allow the data contained therein to be shared between the Member Agencies and, at the option of the CISC and Member Agencies, with other law enforcement agencies; and (ii) that any third-party provider of analytical or other data services be able to access and use the data in the data warehouse for the purpose of providing services to the Member Agencies . C. CISC and Numerica entered into an agreement dated April 13, 2015 (the "Lumen Agreement"), which provides access to the Lumen Client Software Service to Member Agencies who joined the Lumen Agreement. The Lumen Client Software Service is a data analytic software service that enables the searching, analyzing, and sharing of law enforcement and criminal justice data. As part of the Lumen Client Software Service offered under the Lumen Agreement, Member Agencies who joined the Lumen Agreement had their law enforcement and criminal justice data imported into a data warehouse maintained and operated by Numerica. D. Numerica proposes to expand its existing law enforcement and criminal justice data warehouse and to use the same to provide the data warehouse that the CISC desires. E. SOW 03 and this Agreement have terms and conditions which are substantially similar to those in the Lumen Agreement. The CISC and Numerica desire that this Agreement eventually supersede the Lumen Agreement, but the Lumen Agreement cannot be terminated until there are no law enforcement agencies receiving services thereunder. F. Numerica has the expertise and skill to perform the Services described in this Agreement and has the knowledge and capability to comply with the CJIS Security Policy. Numerica has enrolled in, is current with, and complies with the CJIS Vendor Management Program operated by the Colorado Bureau of Investigation ("CBI"). G. The CISC and Member Agencies desire to engage Numerica to implement, expand, maintain, operate, and provide the data warehouse, to provide the Lumen Client Software Service, and to provide additional services in accordance with this Agreement. 001 E x H I B I T A Services Agreement for a Law Enforcement Data Warehouse AGREEMENT Now, THEREFORE, in consideration for the recitals, the mutual promises herein, and other good and valuable consideration, the adequacy and receipt of which is acknowledged, the Parties agree as follows: 1. Services Concerning a Law Enforcement Data Warehouse. a. Subject to the terms and conditions of this Agreement, Numerica may perform programming, consulting, application training, creation of deliverables, integration, implementation, maintenance, operation, provision, analytical, and other professional services or may provide software, software services, hardware, or other deliverables (collectively, the "Services") for the CISC and the Member Agencies as described in one or more statements of work (each, a "Statement of Work" or "SOW"). b. SOW 01, SOW 02, and SOW 03 are attached to this Agreement as Exhibit A, Exhibit B, and Exhibit C, respectively, and incorporated by reference. The Services set forth in SOW 01 are generally in the nature of integrating data from Member Agencies into a data warehouse. The Services set forth in SOW 02 are generally in the nature of maintaining and operating the data warehouse and providing the same as a service to Member Agencies. The Services set forth in SOW 03 are generally in the nature of providing the Lumen Client Software Service to Member Agencies who elect to be provided with the same. c. Other than SOW 0 l i SOW 02, and SOW 03, any additional Statements of Work shall only be binding on the Parties if executed by the Parties. Changes to the scope of the Services set forth in a Statement of Work may only be made in a writing executed by the Parties to whom the Statement of Work applies. 2. Compensation and Payment Terms. a. Each Statement of Work shall contain payment tenns and conditions applicable to that Statement ofWork and shall contain all fees and other compensation (the "Project Fee") payable to Numerica for the Services to be perfonned under that Statement of Work. The CISC or a Member Agency may withhold from payment any amounts that it disputes in good faith pending resolution of such dispute, provided that any amounts which are not in dispute shall be paid timely. Upon the resolution of the dispute, the CISC or the Member Agency, as appropriate, shall pay the amount set forth in the resolution of the dispute, if applicable. b. Unless otherwise stated in a Statement of Work, the CISC shall pay the Project Fee to Numerica pursuant to the terms and conditions stated in the Statements of Work. A Statement of Work may indicate that the CISC is passing the Project Fee on to the Member Agencies. If the Project Fees are being passed on to the Member Agencies, the CISC shall take reasonable actions to collect the Project Fee from the Member Agencies and remit the amounts collected to Numerica. In such a situation, the CISC's obligation to pay Numerica is contingent upon the CISC collecting such amounts from the Member Agencies. Notwithstanding anything to the contrary, Numerica is not obligated to provide Services to a Member Agency that is not current with its payment obligations hereunder (except for amounts withheld by a Member Agency pending the resolution of a good faith dispute concerning the same). 2 • • • 002 • • • Services Agreement for a Law Enforcement Data Warehouse c. Each Member Agency shall pay to the CISC its portion of a Project Fee as indicated on a Statement of Work. Neither Nurnerica nor the CISC has the authority to create any obligation on behalf of any Member Agency to pay all or any portion of a Project Fee. 3. Joining this Agreement. a. Definition of Member Agency. "Member Agency" means a law enforcement agency who has executed the CISC's founding intergovernmental agreement (the "CISC's IGA") and has joined this Agreement. A law enforcement agency that has joined this Agreement but has not executed the CISC's founding intergovernmental agreement may be considered a Member Agency, subject to the limitations specified herein. b. The CISC' s executive director is authorized to sign the Joinder Agreement on behalf of the CISC. c. Joinder by Member Agencies. A law enforcement agency (or its parent government) that executed the CISC's IGA may join this Agreement at any time by executing a joinder agreement substantially in the form attached hereto as Exhibit D (a "Joinder Agreement") and delivering the same to the CISC and to Numerica. If a Joinder Agreement does not modify or add to the terms and conditions of this Agreement, then the CISC and Numerica shall execute the Joinder Agreement. d. Joinder by Non-Member Agencies. With the written consent of the CISC, a law enforcement agency (or its parent government) that has not executed the CISC's IGA may join this Agreement by executing a Joinder Agreement and delivering the same to the CISC and to Numerica. If the CISC gave written consent and if the Joinder Agreement does not modify or add to the terms and conditions of this Agreement, then the CISC and Numerica shall execute the Joinder Agreement. Numerica may only provide the Services set forth on SOW 01 to a law enforcement agency that joins this Agreement but has not signed the CISC's JGA until that agency has executed the CISC's IGA (unless the CISC gives its written approval otherwise). e. Joinder Agreement with Modified or Additional Terms. If a Joinder Agreement modifies or adds to the terms and conditions of this Agreement, then the CISC and Numerica are not obligated to execute the Joinder Agreement. A Joinder Agreement which modifies or adds to the tenns and conditions of this Agreement will only be binding on the Parties who have executed it. 4. CISC Project Manager. The CISC shall identify a primary point of contact (a "Project Manager") concerning this Agreement and all Services to be provided hereunder. In matters concerning the day-to-day implementation and maintenance of the Services, Numerica may communicate directly with Member Agencies as needed. Project Manager shall diligently work to promote the efficient performance of the Parties• obligations under this Agreement. Numerica will seek the timely involvement of the Project Manager when events, problems, concerns, or requests affecting Services or this Agreement cannot effectively be addressed with the Member Agencies. Numerica shall permit the Project Manager to access Member Agencies search query history and records of the Member Agency's use of and transactions in the Services. 5. Independent Contractor Status. This Agreement shall not render Numerica or any of Numerica's agents an employee, partner, agent of, or joint venturer with the CISC or any 3 003 Services Agreement for a Law Enforcement Data Warehouse Member Agency for any purpose. Numerica is and will remain an independent contractor in its relationship to the CISC and each Member Agency and Numerica's agents are not and will not become the CISC's or any Member Agency's employees. a. TAXES. i. NEITIIER Tiffi CISC NOR ANY MEMBER AGENCY SHALL BE RESPONSIBLE FOR WIIBHOLDING TAXES WITH RESPECT TO NUMERICA 's COMPENSATION HEREUNDER. IF REQUIRED BY LAW, THE CISC SHALL REPORT ALL PAYMENTS MADE TO NUMERICA ON A CALENDAR YEAR BASIS USING IRS FORM 1099. NEITHER Tiffi CISC NOR ANY MEMBER AGENCY HAS ANY OBLIGATION TO { 1) WITIIHOLD FICA {SOCIAL SECURilY AND MEDICARE TAXES) FROM NUMERICA'S PAYMENTS OR MAKE FICA PAYMENTS ONNUMERICA'S BEHALF, (2) MAKE STATE OR FEDERAL UNEMPLOYMENT COMPENSATION CONTRIBUTIONS OR PAYMENTS ON NUMERICA'S BEHALF, OR (3) WITHHOLD STATE OR FEDERAL INCOME TAX FROM NUMERICA 's PAYMENTS. NEITHER THE CISC NOR ANY MEMBER AGENCY WILL PAY TAXES ON NUMERICA'S INCOME DERIVED FROM THIS AGREEMENT. ii. THE PROJECT FEES UNDER THIS AGREEMENT DO NOT INCLUDE ANY CHARGE FOR TAXES AND THE CISC AND THE MEMBER AGENCIES ARE SOLELY RESPONSIBLE FOR PAYING ANY AND ALL FEDERAL, STATE, AND LOCAL SALES, USE, AND IMPORT/EXPORT TAXES AND CUSTOMS DUTIES ATTRIBUTABLE TO nus AGREEMENT. b. INSURANCE. NEITHER THE CISC NOR ANY MEMBER AGENCY SHALL HA VE ANY OBLIGATION TO, AND SHALL NOT, OBTAIN WORKERS' COMPENSATION OR UNEMPLOYMENT INSURANCE OR ANY OTHER INSURANCE COVERAGE OF ANY KIND ON BEHALF OF NU MERICA. c. Method of Performing Services; Results. In accordance with this Agreement, Numerica will determine the method, details, and means of perfonning the Services. Neither the CISC nor any Member Agency shall control the manner or determine the method of performing the Services. d. Workplace, Hours, and Instrumentalities. Numerica may perform the Services at any place or location and at such times as Numerica shall determine. With the exception of any tools or instrumentalities explicitly identified elsewhere in this Agreement as being supplied by the CISC, Member Agencies, or other third parties, Numerica agrees to provide all tools and instrumentalities, if any, required to perform the Services. e. Limitations on Authority. No Party shall have the right, power, or authority to bind any other Party to the fulfillment of any condition, contract, or obligation or to create any liability binding on any other Party. f. Nonexclusive Services. In its sole discretion, Numerica may render services on its own account or for any other person during the tenn of this Agreement. g. Requisite Skills. Numerica has the requisite knowledge, expertise, experience, and training to perform the Services, and neither the CISC nor any Member Agency will provide Numerica with any training concerning the manner or methods of performance of the Services. 4 • • • 004 • • • Services Agreement for a Law Enforcement Data Warehouse 6. Representations and Warranties. a. Numerica's Representations and Warranties. Numerica represents and warrants that the following are true as of the Effective Date and will be true throughout the term or period in which Numerica provides Services hereunder. i. Numerica and its subcontractors, if any, have the capacity and the professional experience and skill to perform the Services. The Services will be performed in accordance with this Agreement and standards of care, skill, and diligence provided by competent professionals who perform services of a similar nature to those specified in this Agreement. The Services shall be provided in a good and workman like manner. ii. To Numerica's knowledge, the information supplied by Numerica in the performance of the Services is truthful and accurate in all material respects. 111. The Services provided under this Agreement shall be adequate and sufficient for their intended purposes. iv. Numerica has complied and will comply with all federal, state, and local laws, rules, regulations, ordinances and/or similar directives regarding business permits, certificates, and licenses that are required to provide the Services. v. During the period or term that Services in the nature of software or software services are provided, such Services will conform to Numerica's applicable documentation . vi. Any software Services that Numerica installs on the Member Agency's computers, network systems, and Data Sources (collectively, the "Member Agency's Systems") will not have a material adverse effect on that Member Agency's Systems. b. Numerica's Disclaimers. i. EXCEPT AS EXPRESSLY PROVIDED IN IBIS AGREEMENT: ( 1) THE SERVICES ARE PROVIDED BY NUMERICA "AS-lS" AND NUMERlCA MAKE NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE FOREGOING, INCLUDING, WITHOUT LlMITA TION, ANY IMPLIED W ARRANTlES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE; (2) NUMERICA EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES; AND (3) NUMERICA DOES NOTWARRANTTHAT ALL ERRORS CAN OR WlLL BE CORRECTED OR THAT IBE SERVICES WlLL BE WITHOUT ERROR OR INTERRUPTION. ii. IN ADDITION TO ANY OTIIBR WARRANTY DISCLAIMERS IN TffiS AGREEMENT, NUMERICA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS OR OUTPUT THAT MAY BE OBTAINED FROM THE MEMBER AGENCY'S USE OF THE SERVICES. m. The representations and warranties set forth in Section 6.a do not apply to errors, interruptions, problems, defects, or issues (collectively, "Errors") that result from (1) factors outside ofNumerica's reasonable contro~ including without limitation any actions or inactions by third parties other than Nwnerica's subcontractors; (2) failure by the CISC or a Member Agency to comply with this Agreement; (3) failure by the CISC or a Member Agency to use the Services in accordance with the documentation or other 5 005 Services Agreement for a Law Enforcement Data Warehouse appropriate instructions ofNumerica; ( 4) the improper use or misuse by the CISC or a Member Agency of the Services; (5) Errors in a Member Agency's data not caused by Numerica; and (6) the fault or negligence of the CISC or a Member Agency. iv. Exclusive Remedy. In the event of a breach ofNumerica's representations and warranties set forth in Section 6.a as they apply to any Services in the nature of software or software services, and as the CISC's and as each Member Agency's sole and exclusive remedy, Numerica will repair or replace the applicable software Services, or any portion thereof, with conforming Services. Repair or replacement may include the following: (1) corrected items; (2) corrected documentation; or (3) instructions or procedures to bypass the problem until a more permanent correction can be implemented. c. Representations and Warranties of the CISC and Member Agencies. Each Member Agency represents and warrants to Numerica and the CISC (i) that it has the lawful right and authority to provide any and all data that it furnishes under this Agreement or which it otherwise places into the data warehouse and (ii) that Numerica's use of such data in accordance with this Agreement will not violate or infringe the rights of any third party or any law or agreement. d. Other Terms. i. If performance of the Services by Numerica is delayed due to factors beyond Numerica' s reasonable control, or if conditions of the scope or type of Services are expected to change, N umerica shall give timely notice to the CISC and the affected Member Agencies of such delay or change unless, under the circumstances, the CISC or the Member Agency are already aware or should reasonably be aware of the foregoing. ii. Review, acceptance, or approval by the CISC or any Member Agency of the Services performed or delivered will not relieve Numerica of any responsibility for deficiencies, omissions, or Errors in said Services or deliverables, nor shall it be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out ofNumerica's performance under this Agreement. 7. Security of Law Enforcement and Criminal Justice Records. a. Standard of Care. Numerica shaU use reasonable efforts consistent with prevailing industry standards, but not less than due care, to ensure the security and confidentiality of any law enforcement or criminal justice records held, stored, or maintained by Numerica. All law enforcement or criminal justice records of the Member Agencies are Confidential Information. b. CJIS Security Policy. Numerica represents and warrants (i) that it has the knowledge, expertise, experience, and training to comply with the Criminal Justice Information Services Security Policy, including the Security Addendum thereto (the "CllS Security Policy") and (ii) that all Services will be performed in compliance with the CJIS Security Policy (as applicable). Numerica shall execute the certification to the Security Addendum of the CJIS Security Policy, which is incorporated by reference, before performaing of any Services. Numeric.a shall comply with the terms and conditions of the CllS Security Policy to the extent applicable at all times. 6 • • • 006 • • • Seniices Agreement for a Law Enforcement Data Warehouse c. CBI I CJIS Vendor Management Program. Numerica shall maintain its enro lhnent and participation in the CJIS Vendor Management Program operated by CBI. d. CJIS Audit. At the request of the CISC, Numerica shall submit to an audit by CBI or the Federal Bureau of Investigation ofNumerica's compliance with the CJIS Security Policy. The CISC may request up to one audit every two years, which may be in addition to any other audits ofNumerica's compliance with the CJIS Security Policy required by law. e. Security Notification. Numerica shall notify the CISC in writing and in a timely manner in the event of any security incidents related to the Services, regardless of whether the incident violated or potentially involved the CJIS Security Policy. Numerica's notice of a security incident shall include, at minimum, (i) a description of the incident, (ii) the harm or potential harm resulting therefrom, and, (iii) if the incident involved any data, the name of the Member Agency (or other person) that owned or was responsible for that data. f. State Law Requirements. The Parties shall comply with C.R.S. §§ 24-72-301, et seq., concerning the treatment of criminal justice records. Numerica shall not be considered a "custodian" of any criminal justice records as defined in C.R.S. § 24-72-302(5). g. Changes in Law. If there are changes or updates to law or best practices involving the storage, transmission, transcription, or use of law enforcement or criminal justice information or data, then the Parties shall comply with the changed or updated law or best practices; provided, however, that if the changed or updated law or best practices would have a material adverse effect on the legitimate expectations of a Party, on the reasonable performance of a Party's obligations hereunder, or on the purposes of this Agreement, the Parties will negotiate in good faith to address the situation in a manner that is acceptable to all Parties. 8. Insurance. Numerica must purchase and maintain insurance of the kind and in the minimum amounts specified below. a. Mandatory Insurance. Numerica agrees to procure and maintain, at its own expense, the following policies of insurance before performing any Services: i. Workers Compensation Insurance. Worker's compensation insurance to cover obligations imposed by applicable laws for any employer engaged in the performance of Services under this Agreement: Worker's Compensation Insurance Each Accident Statutory Each Employee for Disease Statutory Numerica shall comply with the requirements of the Worker's Compensation Act of Colorado and shall provide worker's compensation insurance to protect Numerica from and against any and all worker's compensation claims arising from the performance of services under this Agreement. ii. Commercial General Liability Insurance. Commercial general liability insurance with minimum combined single limits of two million dollars ($2,000,000) each occurrence and three million dollars ($3,000,000) aggregate. The policy shall be 7 007 Services Agreement for a Law Enforcement Data Warehouse applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractor and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage must be on an "occurrence" basis as opposed to a "claims made" basis. This insurance must pay on behalf ofNumerica all sums which Numerica shall become legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence up to the specified limits of liability for each occurrence. iii. Data Breach Insurance. Data Breach insurance with first party coverage of one hundred thousand dollars ($100,000) and third party coverage of five hundred thousand dollars ($500,000). Coverage shall insure against information theft, damage to or destruction of electronic information, negligent release of private information by · Numerica or its subcontractors, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties. This insurance must pay on behalf of Numerica sums which Numerica shall become legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence up to the specified limits of liability for each occurrence. iv. Commercial Automobile Liability Insurance. Commercial automobile liability insurance with minimum combined single limits for bodily injury and property damages of not less than one million dollars ($1,000,000) each occurrence with respect to • each ofNumerica's owned, hired, and non-owned vehicles assigned to or used in • performance of the Services. The policy shall contain a severability of interests provision. Commercial automobile liability insurance must cover Numerica for all sums which Numerica shall become legally obligated to pay as damages because of bodily injury or property damage caused by the occurrence up to the specified limits of liability for each occurrence. v. Professional Liability Insurance. Errors and omissions or professional liability insurance with a minimum coverage amount of two million dollars ($2,000,000) per occurrence or claim and two million dollars ($2,000,000) aggregate and for two years beyond the completion of all Services. b. Other Insurance Terms. i. The above-mentioned coverages shall be procured and maintained with insurers with an A-or better rating, as determined by Best's Key Rating Guide. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by Numerica. ii. The policies required above shall be primary insurance, and any insurance carried by the CISC or any Member Agency, their officers, or their employees shall be excess and not contributory insurance to that provided by Numerica. No additional insured endorsement to the policies required above shall contain any exclusion for bodily injury or property damage arising from completed operations. Numerica shall be solely responsible for any deductible losses under any policy required herein. 8 • 008 • • • Services Agreement for a Law Enforcement Data Warehouse iii. The required commercial general liability, data breach, and commercial automobile liability policies shall be endorsed to name the CISC as certificate holder and name the CISC, each Member Agency, and their elected officials, officers, employees, and agents as additional insureds. The required worker's compensation and errors and omissions or professional liability policies shall be endorsed to include the CISC as a certificate holder. The policies shall provide that the CISC will receive notice no less than 30 days prior to cancellation, tennination, or a material change to the policies. iv. Numerica shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. v. Failure on the part of Numerica to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the CISC may immediately terminate this Agreement, or, at the CISC's discretion, the CISC may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the CISC shall be repaid by Contractor to the CISC upon demand, or the CISC may offset the cost of the premiums against any monies due to Numerica from the CISC. vi. The CISC has the right to request and receive a certified copy of any policy and any endorsement thereto . c. Insurance Certificates. If requested by the CISC, Numerica shall deliver to the CISC certificates of insurance as evidence that policies providing any and all required coverages and limits are in full force and effect. These certificates will serve as an indication to the CISC that Numerica has acquired all necessary insurance; however, the CISC may require that certified copies of the insurance policies be submitted and may withhold payment for Services until the applicable insurance policies are received and found to be in accordance with the Agreement. Insurance limits must be indicated on each certificate of insurance. 9. Indemnification and Hold Harmless. a. Numerica shall hold harmless, defend, and indemnify the CISC, each Member Agency, and all of their respective officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, costs, and fees of litigation) of every nature arising out of or in connection with any third-party claim, action, suit, or proceeding (a "Claim") proximately caused by Numerica's acts or omissions, except to the extent that such Claims were caused by the breach, negligence, error, violation of law or willful or other act or misconduct of the CISC or a Member Agency. b. Each Party shall be liable for all liability, loss, damage, expense, and costs proximately caused by its own acts or omissions. 10. Intellectual Property Indemnification. a. Definition. "Intellectual Property" means copyrights, trademarks, trademark applications (including intent-to-use applications), trade names, moral rights, trade secrets, 9 009 Services Agreement for a Law Enforcement Data Warehouse patents, patent applications, inventions, invention disclosures, know-how, designs, and other items commonly recognized as intellectual property under the laws of the United States or any other country. b. Indemnification. In the event of a Claim against the CISC or any Member Agency asserting or involving an allegation that the Services infringe upon or violate any Intellectual Property right of any person or entity, Numerica shall hold harmless, defend, and indemnify the CISC, each Member Agency, and all of their respective officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation attorneys fees, costs, and fees of litigation) of every nature arising out of or in connection with such Claim, whether or not such Claim is successful. c. Remedies for an Infringement Claim. i. Notwithstanding and in addition to Numerica's indemnification obligation set forth in Section 1 O.b, in the event of a Claim against the CISC or any Member Agency asserting or involving an allegation that the Services infringe upon or violate any Intellectual Property right of any person or entity, or if in Numerica's reasonable opinion the Services are likely to become the subject of such a Claim of infringement, Numerica will ( 1) procure for the CISC and each Member Agency the right to continue using the Services~ (2) replace or modify the Services so that they become non-infringing (such a modification or replacement shall be materially similar to the original); or, (3) if neither (1) nor (2) is achieved despite Numerica's reasonable efforts, terminate a particular Statement of Work or this Agreement. Numerica's indemnification obligation set forth in Section 10.b will survive termination pursuant to this Section 10.c. ii. IfNumerica terminates a Statement of Work or this Agreement pursuant to this Section 10.c: (1) within six months after the Effective Date hereof, then Numerica shall refund to the CISC and to each Member Agency all fees paid under the terminated Statement of Work or under this Agreement; (2) between six and 12 months after the Effective Date hereot~ then Numerica shall refund to the CISC and to each Member Agency one half of all fees paid under the terminated Statement of Work or under this Agreement; and (3) 12 months or after the Effective Date hereof, then Nurnerica shall refund to the CISC and to each Member Agency a pro-rated portion of the fees paid that reflect the remaining portion of the applicable period or term that Services are to be provided at the time of termination. d. Exclusive Remedy. This Section 10 sets forth the CISC's and each Member Agency's sole and exclusive remedy for any Claim oflntellectual Property infringement. 11. LIMITATIONS OF LIABILilY. a. IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE PARTY HAS BEEN ADVISED OF 1HE POSSIBILITY OF SUCH DAMAGES. b. LIMITATION OF NUMERICA'S LIABILITY. THE CUMULATIVE LIABILITY OF NUMERICA IN CONNECTION WITH, ARlSING UNDER, OR lN RELATION TO THIS AGREEMENT, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY {INCLUDING NEGLIGENCE), IS 10 • • • 010 • • • Services Agreement for a Law Enforcement Data Warehouse LIMITED TO THE OREA TER OF (I) THE AMOUNT OF INSURANCE COVERAGE REQUIRED UNDER SECTION 8APPLICABLETO1HE EVENT(S) GIVING RISE TO NUMERICA'S LIABILITY (REGARDLESS OF WHETHER NUMERICA ACTIJALLY PURCHASED CONFORMING INSURANCE) AND (II) THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO NUMERICA UNDER nns AGREEMENT IN THE SIX MONTII PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO NUMERICA'S LIABILITY. THIS LIMITATION OF LIABILITY WILL NOT APPLY TO NUMERICA 'S INTELLEClUAL PROPERTY INDEMNIFICATION OBLIGATION UNDER SECTION 10. c. LIMITATION OF THE CISC'SANDMEMBERAGENCIES' LIABILITY. i. THE AGGREGATE CUMULATIVE LIABILITY OF THE CISC AND THE MEMBER AGENCIES IN CONNECTION wrrn, ARISING UNDER, OR IN RELATION TO nns AGREEMENT, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), IS LIMITED TO TIIE TOTAL AMOUNT OF FEES AClUALLY PAID TO NUMERICA UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE CISC's OR 1HE MEMBER AGENCY'S LIABILITY. ii. EACH MEMBER AGENCY'S LIABILITY IN CONNECTION WITII, ARISING UNDER, OR IN RELATION TO IBIS AGREEMENT, HOWEVER CAUSED, AND REGARDLESS OF 1HE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), IS FURTHER LIMITED TO 1HE TOTAL AMOUNT OF FEES ACTUALLY PAID BY TIIE MEMBER AGENCY UNDER nns AGREEMENT IN THE SIX MONTII PERIOD PRIOR TO 1HE EVENT(S) GIVING RISE TO THE MEMBER AGENCY'S LIABILITY. m. THESE LIMITATIONS OF LIABILITY DO NOT LIMIT THE CISC's AND THE MEMBER AGENCIES' OBLIGATION TO PAY ANY PROJECT FEES TO NUMERICA WHEN DUE. d. NOTIIING IN TIIIS AGREEMENT SHALL BE DEEMED A WAIVER OF 1HE CISC'S OR ANY MEMBER AGENCY'S PRIVILEGES OR IMMUNITIES PURSUANT TO THE COLORADO GOVERNMENTAL IMMUNITY ACT, C.R.S. §§ 24-10-101,ETSEQ. 12. Termination. a. Termination for Breach. Either Numerica or the CISC may terminate this Agreement if the other commits a material breach of this Agreement, including a breach of a representation or warranty, by giving the breaching Party written notice of termination for breach. The notice of termination for breach must specify the nature of the breach in reasonable detail. This Agreement will automatically terminate if the breach described in the notice is not cured within 14 days after the notice is given. A termination for breach wm be without prejudice to the rights any Party may have against another, whether arising in connection with the breach or otherwise. b. Termination of Joinder. Any Party may terminate a particular Joinder Agreement and the applicable Member Agency's participation in this Agreement ifNumerica or the Member Agency commits a material breach of this Agreement, including a breach of a representation or warranty, by giving the breaching Party written notice of termination for breach. The notice of tennination for breach must specify the nature of the breach in reasonable detail. The Joinder Agreement will automatically terminate if the breach described in the notice is not cured within 14 days after the notice is given. A termination for breach will be without 11 011 Services Agreement for a Law Enforcement Data Warehouse prejudice to the rights any Party may have against another, whether arising in connection with the breach or otherwise. c. Effect of Termination. Numerica shall provide no further Services in connection with this Agreement (or a terminated Joinder Agreement) after the effective date oftennination. The CISC and each Member Agency shall have no liability for any Services performed after the effective date of termination. Numerica shall be entitled to receive compensation in accordance with this Agreement for any Services completed in accordance with this Agreement. Notwithstanding the above, no Party shall be relieved of liability for damages sustained by virtue of any breach of this Agreement or any other liability obligation that survives the termination or expiration of this Agreement. Except as otherwise expressly provided, upon termination of this Agreement, the CISC and the Member Agencies shall cease use of the Services. 13. Confidentiality. a. Definition of Confidential Information. As used in this Section 13, the word "information" refers to data or information in any fonn or medium. i. Definition. "Confidential Information" means all information that a Party (a "Disclosing Party") discloses to another Party (a "Receivin.g Party") that falls within one or more of the following categories: (1) any information marked or identified as Confidential Information; (2) any information which the Receiving Party knows or reasonably should know that the Disclosing Party is required to keep confidential under a binding obligation with a third party; and (3) all information provided to a Receiving Party which the Receiving Party knows or reasonably should know could be detrimental to the interests of the Disclosing Party if disclosed or used without authorization, whether or not such information is identified as confidential. ii. Exceptions. Information that falls into any one or more of the following categories will not constitute Confidential Information: (1) infonnation that is or becomes part of the public domain through no fault of the Receiving Party; {2) information that the Receiving Party can show was known by it prior to its receipt from the Disclosing Party; (3) information that the Receiving Party can show was independently developed by or for it without relying on any Confidential Information; ( 4) information that the Receiving Party can show was rightfully received from a third party who is not under any obligation to maintain the confidentiality of such information, under circumstances not involving a violation of the rights of the Disclosing Party. 111. Court Order. The Receiving Party will not be in breach of the obligations hereunder to the extent that, based upon the advice of counsel, it provides Confidential Information under a court order or discloses Confidential Information as required by law. Before the Receiving Party discloses Confidential Information under this Section 13 .a.iii, it must immediately notify the Disclosing Party of the court order or legal requirement, must give the Disclosing Party a reasonable opportunity to contest or limit the required disclosure, and must provide reasonable assistance at the Disclosing Party's expense, except to the extent it is illegal to do any of the foregoing. 12 • • • 012 • • Services Agreement for a Law Enforcement Data Warehouse b. Protection of Confidential Information. Except as otherwise provided or permitted in this Agreement, the Receiving Party will not do any of the following, directly or indirectly, without the written consent of the Disclosing Party: (i) disclose, transfer, or otherwise communicate to any third party any Confidential Information; or (ii) use Confidential Information for any purpose. The Receiving Party will not permit any of its respective agents or employees to take any action prohibited by this Section 13.b. c. Availability of Injunctive Relief. The unauthorized use or disclosure of Confidential Information would be highly prejudicial to the interests of the Disclosing Party and would materially damage the Disclosing Party. Therefore, the Disclosing Party will be presumed entitled to injunctive relief to protect its Confidential Information against unauthorized disclosure or use in violation of this Agreement. d. Return of Confidential Information. Upon termination of this Agreement: (i) the Receiving Party will at its option, immediately destroy or deliver to the Disclosing Party the originals and all copies of any and all materials and writings received from, created for, or belonging to the Disclosing Party which relate to or contain any Confidential Information; and (ii) the Receiving Party will permanently delete any and all Confidential Information from all computers and other electronic data storage devices in the Receiving Party's or its agent's or employee's control. If the Receiving Party opts to destroy the Confidential Information, it will provide a written certification of the destruction of the Confidential Information to the Disclosing Party . 14. Member Agencies' Data. Each Member Agency grants to Numerica a limited right and license to use that Data (definied in SOW 01) originated by that Member Agency solely for the purposes set forth herein. The foregoing license shall tenninate if the Member Agency terminates its Joinder Agreement. All the Data in the Data Warehouse is and shall remain the sole property of the originating Member Agency. Other than the rights granted herein, the Member Agencies reserve all rights in and to the Data. All Data shall be considered Confidential Information. No ownership rights are being conveyed to Numerica hereunder. 15. Ownership of Numerica's Proprietary Rights. Except as otherwise expressly stated in this Agreement and to the extent applicable, all Services are licensed or provided as a service to the CISC and the Member Agencies and not sold (notwithstanding the use of the term "purchase", if used herein). Except as otherwise expressly stated, all Intellectual Property rights associated with the Services are the exclusive property ofNumerica or its licensors. All rights in and to the Services and Numerica's other Intellectual Property not expressly granted to the CISC or the Member Agencies are reserved by Numerica. No ownership rights are being conveyed to the CISC or to a Member Agency hereunder. 16. Restrictions. a. Except to the extent expressly provided otherwise in this Agreement, the CISC and each Member Agency will not (and will not allow any third party to): (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any part of the Services; (ii) provide, lease, lend, or otherwise use or allow person not a Party to this Agreement to access or use the Lumen Client Software Service; (iii) list or otherwise display or copy any object code • of any part of the Services; (iv) develop any improvement, modification, or derivative work to 13 013 Services Agreement for a Law Enforcement Data Warehouse any Services or include a portion thereof in any other equipment or item; (v) allow the transfer, transmission, export, or re-export of any Services (or any portion thereof) or ofNumerica's technical data; or (vi) perform benchmark tests without the prior written consent ofNumerica (any results of such permitted benchmark testing shall be deemed Numerica's Confidential Information). Notwithstanding these restrictions, nothing herein shall prevent a Member Agency or any third party from developing software that interfaces with the API or Numerica's public application programming interfaces, if any. b. Notwithstanding the foregoing or any statement to the contrary in this Agreement, nothing herein alters any provision of an open source software license that applies to those portions of the Services that constitutes or incorporates open source software. Except to the extent it constitutes open source software or as otherwise expressly provided for herein, all source code and algorithms associated with the Services is considered Numerica's Confidential Information. 17. Export Control. The Services may be subject to export controls under U.S. and foreign laws and regulations. The CISC and Member Agencies are solely responsible for ensuring compliance with U.S. and foreign export control laws and regulations. Neither the CISC nor any Member Agency shall transfer, export, or re-export, directly or indirectly, any Services to any country outside the United States or to any prohibited person, entity, or end-user as specified by U.S. export controls including, but not limited to, anyone on the United States Treasury Department's list of Specifically Designated Nationals, the U.S. Commerce Department's Denied Persons List, or the U.S. State Department's List of Statutorily Debarred Parties. 18. Lumen Agreement I SOW 03. a. The CISC and Numerica shall not permit any Member Agencies who have not joined the Lumen Agreement as of the Effective Date hereof to join the Lumen Agreement. Going forward, all Member Agencies who have not joined the Lumen Agreement and who desire to use the Lumen Client Software Services may do so through SOW 03 to this Agreement. b. When the term or subscription period applicable to a Member Agency who joined the Lumen Agreement expires, N umerica and the CISC shall not pennit the Member Agency to renew for continued Lumen Client Software Service under the Lumen Agreement. c. A Member Agency may terminate its joinder to the Lumen Agreement if it elects to receive the Lumen Client Software Services pursuant to SOW 03. When all the joinders for the parties who joined Lumen Agreement have terminated or expired and Lumen is not obligated to provide services under the Lumen Agreement, the Lumen Agreement shall terminate without any further action required. 19. Notices. Notices to be provided under this Agreement shall be given in writing and delivered in person, by email, or by U.S. Mail. The notice information set forth below may be changed by giving notice to the other Party. Colorado Information Sharing Consortium (CISC} Attn: Mr. David Shipley, Executive Director 15001 East Alameda Parkway 14 With a copy to (CISC): Fairfield and Woods, P.C. Attn: Mr. Ryan Tharp • • • 014 • • Services Agreement for a Law Enforcement Data Warehouse Aurora, CO 80012 1801 California St. Ste. 2600 dshipley@adcogov.org Denver, CO 80202 rtharp@fwlaw .com Numerica Corporation Attn: Mr. Jeff Poore 5042 Technology Parkway, Ste. 100 Fort Collins, CO 80528 jeff.poore@numerica.us 20. General Terms. a. Further Assurances. Each Party shall execute all further documents and take all further acts reasonably necessary or appropriate to carry out this Agreement. b. Amendments. Amendments to this Agreement must be in writing and signed by all affected Parties. An amendment which alters the rights of a Member Agency shall only be binding on that Member Agency if it is signed by that Member Agency. c. Entire Agreement. This Agreement is the complete and exclusive statement of all agreements between the Parties, and this Agreement supersedes all prior proposals and understandings, oral and written, relating to the subject matter hereof. d. Assignment. Numerica may not assign this Agreement nor delegate any obligation, in whole or in part, to any third party without the CISC's prior written consent; provided, however, that Numerica may assign this Agreement and all of its rights and obligations hereunder, without the prior written consent of the crsc, in connection with the sale, transfer, or other disposition by Numerica of all or substantially all of its assets or a controlling interest in Numerica. Any assignment or attempted assignment of this Agreement not pennitted by this Section 20.d will be void. e. Governing Law and Forum. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of Colorado, without reference to conflict of laws principals. Venue for any civil action relating to this Agreement shall be in state or federal court located in Denver, Colorado. f. JURY TRIAL WAIVER. EACH PARTY AND EACH MEMBER AGENCY HEREBY WAIVES ANY RIGHT IT HAS OR MAY HA VE TO A JURY TRIAL IN ANY ACTION, SUCT, OR PROCEEDING ARISING OUT OF OR lN CONNECTION WITH THIS AGREEMENT. g. Dispute Resolution. If any claim, disagreement, issue, or dispute arising out of or in connection with this Agreement (a "Dispute") between any combination of Parties cannot be resolved by those Parties, one or more of the Parties to the Dispute shall notify the CISC of the Dispute by delivering a written statement to the CISC's Project Manager specifying the nature of the Dispute (each Party to the Dispute may, if desired, submit a written statement). Each of the Parties to the Dispute shall appoint a senior level representative. The CISC's Project Manager shall schedule a time for the authorized representatives to meet in-person. Beginning on the date of the meeting and ending no less than 10 days thereafter (the "Resolution Period"), the Parties to the Dispute shall attempt in good faith to resolve the Dispute. The CISC's Project • Manager may be the CISC's authorized representative . NO PARTY MAY INITIATE ANY COURT OR 15 015 Services Agreement for a Law Enforcement Data Warehouse ADMINISTRATIVE ACTION, SUIT, OR PROCEEDING AGAINST ANY OTIIBR P AR1Y UNDER TIIlS AGREEMENT UNTIL Tiffi END OF 1HE RESOLUTION PERIOD. h. Authority; Non-Contravention. Each Party has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. Numerica represents and warrants that neither the execution and delivery of this Agreement nor the performance or delivery of the Services will conflict with, result in a breach of, or constitute a default under any agreement, contract, or other arrangement to which Numerica is a party or by which it is bound . i. No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties and their respective successors and permitted assigns. Nothing in this Agreement confers any rights or remedies on any persons other than the Parties and their respective successors and permitted assigns. j. Audit. Each Party or any of their duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the other which are pertinent to such Party's performance under this Agreement for the purpose of making an audit, examination, or excerpts. Each Party shall provide any documentation necessary to prepare all reporting reasonably required by another Party, and shall keep all books, documents, papers, and records which are pertinent to its performance for a minimum period of two years. k. Severability. If any term or condition of this Agreement is held to be invalid or unenforceable, then the term or condition may be modified or amended by the court to render it enforceable to the maximum extent permitted. If modification or amendment is not practicable, then the term or condition shall be severed from this Agreement with no effect upon the remaining terms and conditions of this Agreement. I. Force Majeure. No Party shall be liable for any delay in or failure of performance of any obligation, nor shall any delay or failure constitute default or give rise to any liability, if and only to the extent that such delay or failure is caused by a "force majeure" event. "Force majeure" means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, or other causes that are not within such Party's control, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non-performing or delayed Party. m. LIENS AND ENCUMBRANCES. NUMERICA SHALL NOT HA VE ANY RIGHT OR INTEREST rN ANY OF THE CISC'S OR ANY MEMBER AGENCY'S ASSETS, NOR ANY CLAIM OR LIEN WITH RESPECT lHERETO, ARISING OUT OF IBIS AGREEMENT OR THE PERFORMANCE OF THE SERVICES. n. Waiver. No covenant or tenn of this Agreement shall be deemed to be waived by any Party except in a \vriting signed by a person authorized by such Party, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver . o. Non-Appropriation. Pursuant to C.R.S. § 29-1-110 , as amended, the financial obligations of the CISC and each Member Agency beyond the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise available. This Agreement is automatically terminated on January I of the first fiscal year for which funds are not appropriated. 16 • • • 016 • • • Services Agreement for a Law Enforcement Data Warehouse p. Public Trust. Numerica shall not offer or provide anything of benefit to any Authority official or employee that would place the official or employee in a position of violating the public trust in violation ofC.R.S. § 24-18-109. as amended. q. Equal Employment Opportunity. While performing this Agreement. Numerica shall not discriminate against any employee. subcontractor, or applicant for employment because of race, creed. color, national origin, religion, sex, sexual orientation, mental or physical disability, or age. r. Illegal Aliens. Numerica certifies, represents, and warrantes that it does not knowingly and will not knowingly (i) employ or contract with any illegal aliens to perform work or (ii) contract with a subcontractor who knowingly employs or contracts with any illegal aliens to perfonn work. Numerica shall use the E-Verify program to confirm the employment eligibility for all employees who are newly hired to perform Services. The provisions of C.R.S . § 8-17.5-102(2) are incorporated by reference. s. Open Records. The Parties understand that certain material provided or produced under this Agreement may be subject to the Colorado Open Records Act, C.R.S. § 24- 72-202, et seq . t. Pecuniary Gain. In accordance with C.R.S. § 24-72-305.5. Numerica represents, warrants, and affirms that it will not use any records of official actions, any criminal justice records, or any information contained therein for the purpose of soliciting business for pecuniary gam. u. Survival of Terms and Conditions. Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. v. Headings. Descriptive headings in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement. w. Counterparts. This Agreement may be executed and delivered in counterparts (including by means of electronic signatures), all of which taken together will constitute one and the same agreement. [signature page fo nows] 17 017 Services Agreement for a Law Enforcement Data Warehouse [signature page] IN WITNESS WHEREOF, the Parties are executing this Agreement to signify their acceptance of all the terms and conditions stated above, to be effective as of the Effective Date, regardless of the date of actual signature. COLORADO INFORMATION SHARING CONSORTIUM NUMERICA CORPORATION CJ...u::/J,,u Vince line (Jul 25, 2015) tf W By: .................................................................. By: ................................................................. . Name: Vince Line Title: Board Chair Name: Jeff Poore Title: President Jul25,2016 Jul23,2016 Date: . . . . . . . . . . . . . . . .. . . . . . . .. .. .. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . Date: .............................................................. . 18 • • • 018 • • • EXHIBIT A STATEMENT OF WORK 01: INTEGRATION OF A DATA WAREHOUSE 1. Definitions. In addition to the capitalized terms defined in this Section 1, other capitalized terms are de.fined throughout this Agreement. a. "Data" means Records which Numerica integrated into the Data Warehouse. b. "Data Source" means a Member Agency's System that contains Records to be integrated into the Data Warehouse. Records management systems ("RMS"), jail management systems ("JMS"), and computer aided dispatch systems ("CAD") are all Data Sources. A single instance of a Member Agency's System containing Records originated by one Member Agency constitutes a single Data Source, whereas a single instance of a Member Agency's System containing Records originated by two or more Member Agencies may, depending on the configuration and in Numerica's reasonable determination, constitute more than one Data Source. c. "Records" means law enforcement and criminal justice records contained in a Member Agency's Data Source. d. "SOW 01 Member Agency" means a Member Agency that does not currently receive the Lumen Client Software Services from Numerica (either under the Lumen Agreement or otherwise), as further identified on Attachment A-1 . 2. Basic Oveniew. Subject to this SOW 01 and this Agreement, Numerica shall: (a) use its existing law enforcement and criminal justice database to provide the CISC and Member Agencies with a scalable data warehouse hosting Member Agencies' Data (the "Data Warehouse"); and (b) integrate Records from the Member Agency's Data Sources into the Data Warehouse. 3. Integration of Records. a. Initial Data Sources. Numerica shall integrate into the Data Warehouse the Records contained in one RMS, one JMS, and one CAD Data Source for each Member Agency who joins this Agreement before October 1, 2016. Any Member Agency may elect to have additional Records from additional Data Sources integrated into the Data Warehouse pursuant to the terms of Section 4 of this SOW 01. b. 10 Years of Data. For each Data Source, Numerica shall only integrate the Records made available by the Member Agency and which were created on or after January 1, 2007. Because it may be technically infeasible or impractical to require that no records may be integrated before a certain date, Numerica may~ at its discretion, integrate additional Records created before such date. c. Information Numerica Needs. Nwnerica will use commercially reasonable efforts to identify the resources and information Numerica expects to use in integrating a 019 Exhibit A I SOW OJ I Integration of a Data Warehouse Services Agreement for a Law Enforcement Data Warehouse Member Agency's Records and will provide an initial itemized list of the same to the Member Agency. d. Member Agency Right to Limit Records. Each Member Agency may withhold certain Records, individually or as a class or type, from integration into. the Data Warehouse. e. Timeline; Delays. Numetica shall complete the integration of the Records, as delineated by the submission of the Completion Checklist, before December 31, 2016 (the "Deadline"). lf Numerica is unable to meet the Deadline due to delays on the part of the CISC or a Member Agency, then the Deadline shall be reasonably extended to reflect the impact of the delay on Numerica's performance. lfNumerica is unable to meet the Deadline due to any other reason, then the CISC may extend the Deadline at its discretion. f. Incorporation of Member Agencies' Existing Lumen Data. Member Agencies that receive the Lumen Client Software Service under the Lumen Agreement or otherwise as of the Effective Date of this Agreement have already had their Records integrated into a database run by Numerica. Upon such a Member Agency joining this Agreement, those Records shall be considered Data in the Data Warehouse . 4. Additional Data Sources. a. Types of Data Sources. A Member Agency may elect to have Numerica integrate Records from additional Data Sources into the Data Warehouse at additional cost. Additional Data Sources fall into one of the following two categories: i. Standard. A "Standard Data Source" is a Data Source which either: (1) has a set of Records stored in a single commercial off-the-shelf database accessible via ODBC, where such Records are generated by a single commercial off-the-shelf product, and the data dictionary and entity relationship diagrams for such records can be provided to Numerica or (2) has a set of Records available on a network-accessible file server owned by the agency and stored in standard, commercial-off-the-shelf formats. ii. Non-Standard. A ''Non-Standard Data Source" is any Data Source that does not meet the definition of a Standard Data Source. b. Costs. The cost to integrate Records from additional Data Sources is as follows: Each additional Standard Data Source (containing up to two million $1,900.00 each Records to be integrated or equivalent as determined by Numerica) Each additional two million Records to be integrated (or equivalent as $950.00 each determined by Numerica) per Standard Data Source Each additional Non-Standard Data Source To be negotiated on a case by case basis c. Process for Adding Data Sources. Any election to have Numerica integrate Records from additional Data Sources shall be in writing and signed by Numerica and the 2 • • • 020 • • • Exhibit A I SOW OJ I Integration ofa Data Warehouse Services Agreement.for a Law Enforcement Data Warehouse Member Agency. Numerica shall confirm the Project Fee associated with such Services before beginning any integration Services. i. Before Oct 1, 2016. If a Member Agency and elects to integrate Records from additional Data Sources before October 1, 2016, the integration shall be completed by the Deadline and subject to acceptance with the other Data Sources. Numerica shall add the additional cost to the Project Fee and the Member Agency shall remit the additional cost to the CISC for payment to Numerica. ii. After Oct. 1, 2016. If a Member Agency elects after October 1, 2016, to integrate Records from additional Data Sources, integration may not be completed before the Deadline. Numerica shall submit an invoice for the fees associated with these integration Services directly to the Member Agency and the Member Agency shall pay the same within 45 days of the Member Agency's receipt of the invoice, unless the Parties agree otherwise in writing. 5. Member's Responsibilities. Each Member Agency shall complete the following in order for Numerica to integrate the Records into the Data Warehouse: a. Determine whether: (i) to utilize a push mechanism whereby the Member Agency shall be responsible for providing Records to Numerica over the internet in a manner compliant with the CJIS Security Policy for integration into the Data Warehouse (the "Push Mechanism") or (ii) to utilize a pull mechanism whereby the Mernber Agency shall make available the relevant Member Agency's Systems, including the Data Sources containing Records to be integrated, to allow Numerica to extract copies of Records for integration into the Data Warehouse, including making the Member Agency's Systems available to Numerica via remote access (the "Pull Mechanism"). b. Make available to Numerica documentation concerning the Data Sources containing Records to be integrated, including data dictionaries and entity relationship diagrams (Numerica shall sign reasonable non-disclosure agreements if required). c. Provide all necessary infrastructure and software information, including without limitation TCP/IP addresses, node names, and network configuration, which is necessary for Numerica to provide the Services. d. Configure its Data Sources to restrict Records that the Member Agency does not wish to be integrated into the Data Warehouse from being made available to Numerica. e. Provide Numerica with any desired Data Access Rules (defined in Section 7 of this SOW 01). f. Indentify to Numerica any Records which constitute Criminal Intelligence (defined in Section 7.b of this SOW 01). g. Provide to Numerica the assistance, participation, review, and approvals necessary for Numerica to perform its obligations under this Agreement, including without limitation participation in acceptance testing of the integration services . 3 021 Exhibit A I SOW OJ I Integration ofa Data Warehouse Services Agreement for a Law Enforcement Data Warehouse h. Notify Numerica in a timely manner of any network, machine, or Data Source maintenance that may impact the performance ofthe Data Warehouse. i. Provide to Numerica timely, accurate, complete, and up-to-date documentation and information reasonably required by Numerica to perform the integration services and ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide the foregoing. 6. Authorization of and Assistance with Push/Pull Mechanisms. a. For Member Agencies utilizing the Push Mechanism, Numerica shall provide reasonable technical support in connection with the Push Mechanism. b. For Member Agencies utilizing the Pull Mechanism, (i) the Member Agency authorizes Numerica to access the Member Agency's Systems solely for the purpose of Numerica's performance under this Agreement, (ii) Numerica shall coordinate with the Member Agencies to install all necessary software to effectuate the Pull Mechanism, and (iii) the Member Agency shall provide any proprietary software drivers that are necessary for Numerica to connect to the Data Sources. 7. Data Access Rules. Numerica shall implement the following Data access rules (each, a "Data Access Rule"). a. CJIS Policy Assumed to Apply. Data that constitutes law enforcement or criminal justice records shall only be made available to and shared with qualifying law enforcement agencies in compliance with the CJIS Security Policy. If a question arises about whether Data constitutes law enforcement or criminal justice records, the presumption is and shall be that the Data constitutes law enforcement or criminal justice records and that the CJIS Security Policy applies. b. Criminal Intelligence. i. The tenn "Criminal Intelligence" means Data identified by the originating Member Agency as meeting the definition of criminal intelligence under 28 C.F.R. Part 23. Each Member Agency shalt accurately identify to Numerica its Data which qualifies as Criminal Intelligence. ii. A Member Agency shall only have access to Criminal Intelligence originated by that Member Agency. As of the Effective Date of this Agreement, the Data Warehouse will not have the capability to perform inter-jurisdictional sharing of Criminal Intelligence in compliance with 28 C.F.R. Part 23, and therefore the sharing of Criminal Intelligence outside of the originating Member Agency by and through the Data Warehouse is forbidden. c. Sharing with Member Agencies. All Data (with the exception of Data identified as Criminal Intelligence) shall be made available to and shared with the Member Agencies through the API (for clarity, Data shared through the API will be available to Member Agencies though the Lumen Client Software Service and potentially through Authorized TI1ird Parties). 4 • • • 022 • • • Exhibit A I SOW OJ I Integration of a Data Warehouse Services Agreement for a Law Enforcement Data Warehouse Member Agencies may not restrict this Data Access Rule. Each Member Agency shall treat the Data in compliance with the ens Security Policy, to the extent applicable, and in compliance with applicable law. d. Sharing with Non-Member Agencies. i. Through Lumen. All Data (with the exception of Data identified as Criminal Intelligence) shall by default be made available to and shared with other law enforcement agencies who are not Member Agencies of the CISC (each, a "Non-Member Agency") by and through the Lumen Client Software Service. Numerica shall ensure that each Non-Member Agency who accesses Data through the Lumen Client Software Service is contractually obligated to treat such Data in compliance with the ens Security Policy, to the extent applicable, and in compliance with applicable law. ii. Through Other Providers. The CISC may authorize Numerica to, and if so requested Numerica shall, make available and share Data with Non-Member Agencies by and through an Authorized Third Party (defined in Section 6.a of SOW 02). The CISC shall ensure that each Non-Member Agency who accesses Data though an Authorized Third Party is contractually obligated to treat such Data in compliance with the ens Security Policy, to the extent applicable, and in compliance with applicable law. m. General. Non-Member Agencies may be located within or outside of Colorado. The CISC may restrict all or any portion of the Data from being shared with all or any Non-Member Agencies. Each Member Agency may restrict all or any portion of the Data it originates from being shared with all or any Non-Member Agencies. e. Sharing with Certain Non-Law Enforcement Entities. No Data shared with non-law enforcement entities may contain any law enforcement or criminal justice records. The CISC may grant access to Data to non-law enforcement entities to the extent not restricted by a Member Agency. A Member Agency may grant access to Data it originated to non-law enforcement entities. Each Member Agency may restrict all or any portion of the Data it originated from being shared with all or any non-law enforcement entities. f. Other Data Access Rules. Numerica shall implement any other Data Access Rules requested by a Member Agency for the Data originated by that Member Agency, provided that the request complies with this Agreement. Numerica shaH implement any other Data Access Rules requested by the CISC that complies with. this Agreement. If the CISC or a Member Agency requests a Data Access Rule that is technically infeasible or reasonably technically impractical to implement, Numerica shall inform the CISC and the Member Agency in a timely manner and Numerica shall have no obligation regarding same. 8. Documentation. Numerica shall provide to the CISC and to each Member Agency all documentation necessary to enable the CISC and each Member Agency to use the Data Warehouse for the purposes set forth in this Agreement . 5 023 Exhibit A I SOW OJ I Integration of a Data Warehouse SeJ"Vices Agreement.for a Law E~forcement Data Warehouse 9. Acceptance. a. Acceptance of Integration Services. Numerica and the CISC will work to establish a mutually agreed-upon checklist for the testing and acceptance of the integration of a Member Agency's Records into the Data Warehouse (the "Integration Checklist"). Upon completion of the integration services for an individual Member Agency, Numerica will present the Member Agency with the Integration Checklist. For 10 days after the date on which the Member Agency received the Integration Checklist, the Member Agency may reject such integration services by notifying Numerica in writing of the reasons why the integration services did not conform to the Integration Checklist or this Agreement. For the avoidance of doubt, the Member Agency can only reject the foregoing services if they do not materially conform to the Integration Checklist or this Agreement. Numerica shall address the issues set forth in a properly issued rejection notice and thereafter will resubmit the Integration Checklist to the Member Agency and the process will be repeated, with the Member Agency having another 10 days to issue a rejection notice based solely on whether the non-conformance raised in the original rejection notice has been remedied. If a Member Agency notifies Numerica in writing that it accepts the integration services or does not respond to an Integration Checklist within 10 days of receiving the same, then the Member Agency shall be deemed to have accepted such integration services. b. Acceptance of Services Subject to the Deadline. Numerica and the CISC will work to establish a mutually agreed-upon checklist for the testing and acceptance of the Services • subject to the Deadline (the "Completion Checklist"). When Numerica believes that the Services • are complete, Numerica will present the CISC with the Completion Checklist. For l 0 days after the date on which the Member Agency received the Completion Checklist, the CISC may reject the Services by notifying Numerica in writing of the reasons why the Services did not materially conform to the Completion Checklist or this Agreement. For the avoidance of doubt, the CISC can only reject the foregoing services if they do not materially conform to the Completion Checklist or this Agreement. Numerica shall address the issues set forth in a properly issued rejection notice and thereafter will resubmit the Completion Checklist to the CISC and the process will be repeated, with the CISC having another 10 days to issue a rejection notice based solely on whether the non-conformance raised in the original rejection notice has been remedied. If the CISC notifies Numerica in writing that it accepts the Services or does not respond to a the Completion Checklist within 10 days of receiving the same, then the CISC shall be deemed to have accepted the Services. 10. Project Fee. The Project Fee for the Services subject to the Deadline is $193,088, which may be increased or decreased as provided for herein. a. Reduction in Fee for Member Agency Non-Participation. The Project Fee shall be reduced if a SOW 01 Member Agency does not join this Agreement by October l, 2016. In such case, the Project Fee shall be reduced by an amount equal to $27 .50 multiplied by the number of full time equivalent ("FTE") certified peace officers employed by that Member Agency as of the Effective Date of this Agreement. Notwithstanding anything to the contrary, the Project Fee shall not be reduced below $120,000. 6 • 024 • • • Exhibit A I SOW 01 I Integration of a Data Warehouse Services Agreement for a Law Enforcement Data Warehouse b. Additional Fees for Additional Participation. The Project Fee shall be increased if a law enforcement entity that is not a SOW 0 I Member Agency joins this Agreement on or before October l, 2016. In such case, the Project Fee shall be increased by an amount equal to $27.50 multiplied by the number of FTE certified peace officers employed by the newly-joined Member Agency as ofthe effective date its joinder. Notwithstanding the foregoing, if such an entity's Records have already been integrated by Numerica (for example, if it receives the Lumen Client Software Service), then the Project Fee shall not be increased and those integrated Records shall be considered Data in the Data Warehouse. 11. Payment Terms. a. Numerica shall submit two invoices to the CISC. The first invoice shall be for $154,000 and the second invoice shall be for the remainder of the Project Fee (if the payment made under the first invoice is greater than the Project Fee, then Numerica shall refund the excess amount to the CISC). Numerica may submit the first invoice upon execution of this Agreement. Numerica may submit the second invoice upon the CISC's acceptance of the Services pursuant to Section 9.b. In the event acceptance has not been completed due to CISC or Member-caused delays, the Parties will work together in good faith to determine an interim payment representative of the completed Services. The CISC shall pay proper invoices for the Project Fee no later than 45 days after the CISC's receipt of an invoice. These fees are not being passed on to the Member Agencies. b. If invoiced to the CISC, the CISC will pass all fees under Section 4, Section 1 O.b, and Section 13 to the appropriate Member Agencies. 12. Effective Date; Cross Termination. This SOW 01 shall become effective on the Effective Date. If SOW 02 becomes effective, then SOW 01 and SOW 02 are required to both be in effect. If either of SOW 01 or SOW 02 terminates, then the other shall also terminate. 13. Adding Additional Member Agencies after October 1, 2016. After October 1, 2016 and during the period that Numerica is performing Services under SOW 02, additional law enforcement agencies may join this Agreement. Upon suchjoinder, Numerica shall integrate the Records of the new Party consistent with Section 4 of this SOW 01 and otherwise consistent with this Agreement (meaning, for clarity, that each of the new Party's Data Sources will be treated as additional Data Sources). The Project Fee shall be determined based on the number of Data Sources and Records integrated pursuant to Section 4.b of this SOW 01. Numerica shall invoice the Project Fee for these Services directly to the new Party and the new Party shall pay the same within 45 days of its receipt of the invoice, unless the Parties agree otherwise in writing. The integration of these Records will not be subject to the Deadline. Notwithstanding the foregoing, if such new Party's Records have already been integrated by Numerica (for example, if it receives the Lumen Client Software Service), then there shall be no Project Fee associated with those Records and those integrated Records shall be considered Data in the Data Warehouse. [end] 7 025 Exhibit A I SOW 01 I Integration of a Data Warehouse Services Agreement for a Law Enforcement Data Warehouse ATTACHMENT A-1 • LIST OF SOW 01 MEMBER AGENCIES 1. Adams County Sheriffs Office 22. Erie Police Department 2. Arapahoe County Sheriff's Office 23. Federal Heights Police Department 3. Aspen Police Department 24. Fountain Police Department 4. Aurora Police Department 25. Garfield County Sheriffs Office 5. Avon Police Department 26. Glendale Police Department 6. Brighton Police Department 27. Golden Police Department 7. Carbondale Police Department 28. Grand Junction Police Department 8. Castle Rock Police Department 29. Greenwood Village Police 9. Cherry Hills Village Police Department Department 30. Jefferson County Sheriff's Office 10. Colorado Department of Public 31. Littleton Police Department Safety 32. Lone Tree Police Department 11. Colorado Springs Police Department 33. Mesa County Sheriffs Office • 12. Columbine Valley Police 34. Moffat County Sheriffs Office Department 13. Craig Police Department 35. New Castle Police Department 14. Denver Police Department 36. Northglenn Police Department 15. Denver Sheriffs Department 37. Parker Police Department 16. Douglas County Sheriffs Office 38. Rifle Police Department 17. Durango Police Department 39. Sheridan Police Department 18. Eagle Cowity Sheriffs Office 40. Silt Po lice Department 19. Eagle Police Department 41. Thornton Police Department 20. Edgewater Police Department 42. University of Colorado at Denver Police Department 21. Englewood Police Department 43. Vail Police Department [end} • 8 026 • • • EXIDBITB STATEMENT OF WORK 02: PROVISION OF A DATA WAREHOUSE SERVICE 1. Basic Overview. Subject to this SOW 02 and this Agreement, Numerica shall: (a) provide the Data Warehouse as a service and provide the API, any other related software. or software services as a service, and all related documentation necessary to use the Data Warehouse as a service (collectively, the "Data Warehouse Service") to the CISC and to the Member Agencies; (b) maintain and operate the Data Warehouse Service; (c) update and refresh the Data in the Data Warehouse via a Data Source refresh process; and (d) provide reasonable technical support services for the Data Warehouse Service. 2. Provision of Data Warehouse as a Service. a. Subject to this SOW 02 and this Agreement, Numerica shall use reasonable efforts consistent with prevailing industry standards to provide the Data Warehouse Service during the Term (and as required thereafter) as a service to each Member Agency. b. Subject to this SOW 02 and this Agreement, Numerica hereby grants a non- transferable, non-exclusive, limited right and license during the Term (and as required thereafter) to use the Data Warehouse Service to each Member Agency. 3. Application Programming Interface . a. API. Numerica shall provide to the CISC and to each Member Agency an application programming interface and any related documentation (the "API") for the Data Warehouse that permits the search of and access to the Data in the Data Warehouse. b. License to API. Subject to the limitations and restrictions herein, Numerica grants to the CISC and to each Member Agency a fully-paid up, royalty free, non-exclusive, non- transferrable, sublicenseable, worldwide right and license to use and make calls to and to permit others to use and make calls to the API to search and access the Data in the Data Warehouse on behalf of the Member Agencies (the "API License"). Nothing in this Agreement shall limit Numerica's right to use or to permit third parties to use the API, provided that no access to the Data is allowed by such use. The API License shall terminate 30 days after this SOW 02 terminates. c. API Support. Numerica shall provide general technical support and documentation to the CISC, Member Agencies, and Authorized Third Parties to enable the use of the API and the Data Warehouse Service. Numerica's support under this SOW 02 is not intended to provide software engineering or software design services. d. Limitation on API Usage. If an entity's use of the API is unreasonably excessive or causes a significant degradation in performance of the Data Warehouse Service, Numerica may temporarily limit the use of the API by that entity. IfNumerica temporarily limits API use, Numerica shall notify the entity's whose use was limited and the CISC. Numerica, the CISC, and the impacted entities shall work with Numerica to resolve the issue . 027 Exhibit B I SOW 02 I Provision of a Data Warehouse Service Services Agreement.for a Law Enforcement Data Warehouse 4. Data Refresh. a. Under SOW 01, Numerica integrated Records from certain Data Sources controlled by the Member Agencies. Numerica shall ensure that the Records integrated into the Data Warehouse are updated and refreshed on a regular basis, but not less than once every other day. Numerica shall monitor the Data Source refresh cycle and notify the CISC and the affected Member Agencies of any significant delays or interruptions in the Data Source refresh process. b. For Member Agencies utilizing the Pull Mechanism, Numerica shall use reasonable efforts consistent with prevailing industry standards to ensure the uninterrupted, continuous operation of the Pull Mechanism. If a Member Agency elected to use the Pull Mechanism, the Member Agency authorizes Numerica to access the Member Agency's Systems solely for the purpose of performing the services described herein. c. For Member Agencies utilizing the Push Mechanism, Numerica shall provide commercially reasonable technical support to ensure that the Push Mechanism is operating properly. d. Only Data not more than 10 years old shall be stored in the Data Warehouse, although Numerica, in its discretion, may incorporate more Data. As Numerica refreshes the Data, Numerica will delete Data in the Data Warehouse that is older than 10 years and will replace it with current Data. A Member Agency may elect to have Data more than 10 years old stored in the Data Warehouse at additional cost to that Member Agency. • S. Update Data Access Rules. Numerica shall in a timely manner implement new Data • Access Rules and changes to existing Data Access Rules requested by a Member Agency for the Data that the requesting Member Agency originated, provided that the request complies with this Agreement. Numerica shall in a timely manner implement any new Data Access Rules or changes to existing Data Access Rules requested by the CISC that complies with this Agreement. 6. Third Parties Access to Data and the API. a. Authorization of Third Parties. The CISC and each Member may authorize third parties (each, an "Authorized Third Party") to access the Data and use of the API; provided, however, that before a Member Agency grants any such authorization, the Member Agency shall first obtain the written approval of the CISC (which approval shall not be unreasonably withheld). Numerica may not unilaterally permit any third party to access the Data without the written approval of the CISC (except as otherwise authorized in this Agreement). b. CJIS Security Policy. Before accessing the Data or using the API, an Authorized Third Party shall: (i) agree to comply with the CJIS Security Policy; (ii) execute and deliver to the CISC a copy of the Security Addendum to the CJIS Security Policy; (iii) enroll in and maintain its participation in the CJIS Vendor Management Program operated by the CBI (and provide documentation verifying such enrollment and participation to the CISC when requested); and, (iv) upon the CISC's request, submit to an audit by CBI concerning the Authorized Third Party's compliance with the CJIS Security Policy. 2 • 028 • • • Exhibit BI SOW02 I Provision of a Data Warehouse Service Services Agreement for a Law Enforcement Data Warehouse c. Notice to Numerica. Prior to an Authorized Third Party accessing any Data or using the API, the CISC shall provide written notification to Numerica specifying: (i) the legal name and contact information of the Authorized Third Party; (ii) any restrictions on the Authorized Third Party's access to certain Data; (iii) any restrictions on the Authorized Third Party's use of the API; and (iv) any other restrictions on or relevant information concerning the Authorized Third Party. d. Revocation of Third Party Authorization. Notwithstanding authorization granted by any Member Agency or the CISC, the CISC may revoke an Authorized Third Party's access to the Data or use the API for any reason or no reason, including non-compliance with this Agreement. e. Support. Numerica will provide technical support of the Data Warehouse Services to Member Agencies, the CISC, and Authorized Third Parties via both telephone and email on weekdays during normal business hours, with the exclusion of federal holidays. 7. Installation and Acceptance. The Parties expect that Numerica will not need to install or configure the Data Warehouse Services under this SOW 02 because the Services performed under SOW 01 should enable Numerica to provide the Data Warehouse Services. 8. Maintenance of Data Warehouse Service. During the Tenn, Numerica shall use reasonable efforts consistent with prevailing industry standards: (a) to maintain the Data Warehouse Service in a manner which minimizes Errors; (b) to ensure the continuous availability of the Data Warehouse Service to Member Agencies and to Authorized Third Parties, including without limitation maintaining, upgrading. updating, and repairing all Numerica- owned or licensed hardware and software; and (c) to provide upgrades and updates to the Data Warehouse Service over the internet as applicable. All or any portion of the Data Warehouse Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance. Numerica shall use reasonable efforts to provide advance notice to the CISC and affected Member Agencies of any scheduled Data Warehouse Service disruptions. 9. Software Error Reporting and Resolution. a. Reporting Errors to Numerica. If the CISC, a Member Agency, or any third party experiences an Error with the Data Warehouse Service, such entity may report the Error to Numerica using the support email address, support telephone number, or electronic support system provided by Numerica. The report should contain a description of the Error encountered and, where possible, a description of how to repeat the condition that gave rise to the Error and other diagnostic information as available. b. Error Severity Levels. Numerica shall assign each reported Error with a "Severity Level" for tracking and response purposes. Severity Levels are described on Attachment B-1. Notwithstanding anything to the contrary, planned downtime pursuant to Section 8 of this SOW 02 will not constitute an Error . 3 029 Exhibit B I SOW 02 I Provision of a Data Warehouse Service Services Agreement for a Law Enforcement Data Warehouse c. Error Resolution. Numerica shall work to resolve the Error according to Attachment B-2. Successful resolution of an Error, particularly of a Level 1 or Level 2 Error, may require the input and participation of the CISC and the Member Agencies. d. List of Errors. On a monthly basis, Numerica shall provide to the CISC (i) a list of each Error reported during that month or reported in a prior month and still unresolved, (ii) the specific Data Warehouse Service to which the Error applied, (iii) the Severity Level of the Error, and (iv) the resolution status of the Error. 10. Remedy for Excessive Errors. a. First Six Months. In six-month period beginning on the later of (i) the effectiveness of this SOW 02 and (ii) the acceptance of the Services under SOW 01 (pursuant to the Completion Checklist), if there are four or more Level 1 Errors in any 60 day period, then the CISC will be entitled to terminate this Agreement and, upon such termination, Numerica shall refund to the CISC and to each Member Agency all Project Fees paid under SOW 01 and SOW02. b. Second Six Months. In the six month period beginning at the end of the six month period set forth in Section 10.a, if there are four or more Level 1 Errors in any 60 day period, then the CISC will be entitled to terminate this Agreement and, upon such termination, Numerica shall refund to the CISC and to each Member Agency 50% of all Project Fees paid under SOW 01 and SOW 02. 11. Lumen Entitlement. A Member Agency who receives the Data Warehouse Service under this SOW 02 is entitled to a limited number of Subscription Licenses to the Lumen Client Software Service as specified in SOW 03. 12. Term. This SOW 02 shall become effective on January 1, 2017, and shall expire on December 31, 2017 (along with any renewal terms, the "Term"). The Term shall automatically renew an unlimited number of times, with each renewal period lasting for one additional year, unless the CISC provides written notification that the then-current Tenn shall not renew on or before December 1 of the then-current Term Beginning on April I, 2019, and annually thereafter, Numerica may provide written notice to the CISC that the then-current Tenn will not renew, provided that Numerica gives the written notice on or before April l of the then-current Term. 13. Effect of Termination. a. Recovery of Data. Notwithstanding the termination of the API License, the CISC is entitled download and recover the Data in the Data Warehouse, including by using the API solely for this purpose. Numerica shall provide reasonable help and assistance to the CISC to accomplish this download. Alternatively or additionally, the CISC may require Numerica to provide the Data on one or more physical storage drives. The CISC shall pay to Numerica the actual and reasonable cost of such physical storage drives and reasonable compensation to Numerica, at Numerica's then standard hourly rate, for Numerica's services in transferring the Data from the Data Warehouse onto physical storage drives. After the CISC has recovered the 4 • • • 030 • • • Exhibit B I SOW 02 I Provision of a Data Warehouse Service Services Agreement for a Law Enforcement Data Warehouse Data, Numerica shall delete the Data from the Data Warehouse and certify in writing to the CISC of the Data's deletion. b. Cross Termination. If this SOW 02 is terminated, then SOW 01 and SOW 03 shall also terminate unless the Parties (or some subset of Parties) otherwise agree in writing. 14. Project Fee. a. The Project Fee for the Services to be provided under this SOW 02, on a per- Term basis, shall be calculated by multiplying $20 by the number ofFTE certified peace officers employed by the Member Agencies. The method for determining the Project Fee may not be modified until the Term beginning on January 1, 2020. Beginning on January 1, 2020, the Project Fee may be modified in a manner agreed to by the Parties. b. The CISC shall use reasonable efforts to annually determine the number ofFTE certified peace officers employed by the Member Agencies and the CISC shall notify Numerica in writing of the same before December 1 prior to each Tenn. 15. Payment Terms. a. Numerica shall submit two invoices for the Project Fee to the CISC in each Term. Each invoice shall be for one half of the annual Project Fee. Numerica may submit the first invoice after January 1 of each Term. Numerica may submit the second invoice after July 1 of each Term . b. As discussed in Section 2.b of this Agreement, the CISC will pass this Project Fee on to the Member Agencies proportionally based on the number ofFTE certified peace officers employed by each Member Agency. The CISC shall remit the fees collected from the Member Agencies toward each invoice within 45 days after the CISC's receipt a proper invoice. [end] 5 031 Exhibit B I SOW 02 I Provision of a Data Warehouse Service Services Agreement.for a Law Enforcement Data Warehouse Severity Name Level Levell Critical Level2 Major Level3 Minor Level4 Trivial ATTACHMENT B-1 ERROR SEVERITY LEVEL Description (i) For a period of at least 24 continuous hours, the Data Warehouse Service is completely down or there is a major malfunction resulting in an inoperative condition; or (ii) A majority of Member Agency's Systems on which Numerica software is installed crashes or otherwise ceases to function in a reliable manner, in a situation caused by software installed by or on behalf of Numerica. The Data Warehouse Service is substantially impaired and a substantial number of users are unable to perform their normal functions for sustained periods. Examples include major feature failure , major product failure, inconvenient or unavailable workaround, the Data Warehouse Service being usable but severely limited, and any Error which could threaten the use of the Data Warehouse Service. Errors in the Data Warehouse Service to which there may be a workaround and which do not currently threaten the use of the Data Warehouse Service . Use of the Data Warehouse Service is impaired, but not critically so and users can generally fully use the Data Warehouse Service for its intended function. Typographical errors, inappropriate error messages, and other miscellaneous problems which have minimal impact on the use of the Data Warehouse Service . [end} 6 • • • 032 • • • Exhibit B I SOW 02 I Provision of a Data Warehouse Service Services Agreement for a Law EnforcementData Warehouse ATTACHMENTB-2 ERROR RESOLUTION Severity Resolution Name Level Temporary Permanent After the Error is temporarily Numerica shall work continuously, resolved, Numerica shall work devote significant resources, and around diligently and devote significant Levell Critical the clock (if necessary) until a resources to permanently temporary resolution is implemented. resolving the Error. Target for temporary resolution: Target for permanent resolution: 24 hours from Error report five days from temporary resolution Numerica shall work diligently and After the Error is temporarily resolved, Numerica shall work devote significant resources until a diligently and devote significant temporary resolution is implemented, Level2 Major but Numerica usually will not work on resources to permanently resolving the Error. an around-the-clock basis. Target for temporary resolution: five Target for permanent resolution: days from Error report 30 days from temporary resolution Numerica shall devote reasonable efforts to implement a temporary Level 3 Minor resolution. The temporary resolution The next regularly-scheduled may not be available until the next software update cycle. regularly-scheduled software update cycle. Level4 Trivial n/a The next regularly-scheduled software update cycle. [end] 7 033 EXlllBIT c STATEMENT OF WORK 03 LUMEN CLIENT SOFIW ARE SERVICE 1. Definitions. In addition to the capitalized tenns defined in this Section 1, other capitalized terms are defined throughout this Agreement. a. "Lumen Client Software Service" means the hardware, software, applications, and associated documentation that is maintained or installed by Numerica and used by Member Agencies pursuant to this SOW 03 to access, review, search, and analyze Member Agencies' Data, Law Enforcement Data from Non-Member Agencies which is accessible though the Lumen Client Software, and certain other data and information which does not constitute Law Enforcement Data. b. "Law Enforcement Data" includes the following types of data: (i) criminal justice infonnation, as defined in the ens Security Policy; (ii) criminal justice records, as defined in C .R.S. § 24-72-302(4); (iii) information relating to calls for service; (iv) incident data, including original narrative reports; (v) arrest data; (vi) license plate reader data; and (vii) personally identifiable information, as defined in the CJIS Security Policy. The vast majority of the Data in the Data Warehouse constitutes Law Enforcement Data. c. "Lumen Subscription Guide" means the document attached hereto as Attachment C-1 which states the available Subscription Periods, Subscription Licenses, and associated pricing for the Lumen Client Software Service. d. "Subscription License" means the various types of subscriptions to the Lumen Client Software Service offered by Numerica, as further described herein. e. "Subscription Notice" is defined in Section 4.a. f. "Subscription Period" means either (i) the period during which an Eligible Member Agency is entitled to a limited number of Subscription Licenses under Section 3 of this SOW 03 or (ii) the period specified in a proper Subscription Notice. 2. Provision of Lumen Client Software Services. a. Subject to this SOW 03 and this Agreement, Numerica shall use reasonable efforts consistent with prevailing industry standards to provide the Lumen Client Software Service during the Subscription Period and consistent with the applicable Subscription Licenses to each Member Agency (a) that is entitled to receive the Lumen Client Software Service under Section 3 of this SOW 03 or (b) that submits a proper Subscription Notice. b. Subject to this SOW 03 and this Agreement, Numerica hereby grants a non- transferable, non-exclusive, non-sublicenseable, limited right and license to use the Lumen Client Software Service during the Subscription Period and consistent with the applicable Subscription Licenses to each Member Agency (a) that is entitled to receive the Lumen Client Software Service under Section 3 of this SOW 03 or (b) that submits a proper Subscription Notice. • • • 034 • • • Exhibit C I SOW 03 I Lumen Client Software Service Services Agreement for a Law Enforcement Data Warehouse c. A Member Agency may only use the Lumen Client Software Service (i) for its own law enforcement and investigative purposes, (ii) in accordance with the applicable documentation, and (iii) in accordance with the number and type of Subscription Licenses specified. 3. Entitlement to Lumen Client Software Service with Data Warehouse Service. Upon joining this Agreement, any Member Agency who receives the Data Warehouse Service pursuant to SOW 02 and is current with any Project Fees due thereunder (an "Eligible Member Agency") is entitled to a limited number of Subscription Licenses to the Lumen Client Software Service as described in this Section 3 and consistent with this SOW 03. Except for the fact that there is no cost to the Member Agency for use of the Lumen Client Software under this Section 3, a Member Agency's use of the Lumen Client Software shall otherwise conform to this SOW 03 . a. Fewer than 58 FTE Officers. If the Member Agency employs fewer than 58 FTE certified peace officers, the Member Agency is entitled to one Analyst Subscription License. b. More than 58 FTE Officers. If the Member Agency employs 58 or more FTE certified peace officers, the Member Agency is entitled to any combination of Subscription Licenses that has an aggregate annual cost equal to or less than $20 multiplied by the number of FTE certified peace officers employed by the Member Agency, provided that at least one of the Subscription Licenses must be an Analyst Subscription License . 4. Election to Receive Additional Lumen Client Software Service. In addition to the Subscription License entitlements under Section 3, an Eligible Member Agency may elect to receive additional Subscription Licenses consistent with this Section 4. Any Subscription Licenses under this Section 4 shall be in addition to the Subscription License entitlement under Section 3. All Subscription Licenses under this Section 4 shall begin when the Lumen Client Software Service is accepted by the Member Agency. a. Member Agencies Not Currently Using Lumen. An Eligible Member Agency who has not joined the Lumen Agreement may elect to receive additional Lumen Client Software Service from Numerica consistent with this SOW 03 by submitting to Numerica a signed written notice substantially in the form attached hereto as Attachment C-2 indicating the number and type of Subscription Licenses desired (a "Subscription Notice"). b. Member Agencies Currently Using Lumen. An Eligible Member Agency who has joined the Lumen Agreement may terminate its joinder to the Lumen Agreement and receive the Lumen Client Software Service under this SOW 03 by submitting a Subscription Notice to Numerica. If the number and type of Subscription Licenses are unchanged from what the Member Agency received under the Lumen Agreement, the Project Fee shall be the lower of (i) the fees due under the Lumen Agreement and (ii) the fees due under this SOW 03. This Section 4.b shall also apply to Eligible Member Agencies who are using the Lumen Client Software Service pursuant to an agreement directly w ith Numerica . 2 035 Exhibit C I SOW 03 I Lumen Client Software Service Services Agreement for a Law Enforcement Data Warehouse 5. Installation and Acceptance. a. Within a reasonable amount of time after the Data Warehouse Service is provided to the Member Agencies under SOW 02 or a Member Agency submits a proper Subscription Notice, Numerica shall, as appropriate, install, configure, and grant access to all software and applications provided by Numerica which are necessary to provide the Member Agencies with the Lumen Client Software Service consistent with the applicable Subscription Licenses. b. Numerica shall provide a checklist consistent with the documentation available for the Lumen Client Software Service for the testing and acceptance of the Lumen Client Software Service (the "Lumen Checklist"). Once the Member Agency has access to the Lumen Client Software Service, Numerica will present the Member Agency with the Lumen Checklist. For 10 days after the date on which the Member Agency received the Lumen Checklist, the Member Agency may reject the Lumen Client Software Service by notifying Numerica in writing of the reasons why the Lumen Client Software Service did not conform to the Lumen Checklist or this Agreement. For the avoidance of doubt, the Member Agency can only reject the foregoing services if they do not materially conform to the Lumen Checklist or this Agreement. Numerica shall address the issues set forth in a properly issued rejection notice and thereafter will resubmit the Lumen Checklist to the Member Agency and the process will be repeated, with the Member Agency having another 10 days to issue a rejection notice based solely on whether the non-conformance raised in the original rejection notice has been remedied. If a Member Agency notifies Numerica in writing that it accepts the Lumen Client Software Service or does not respond to an Integration Checklist within 10 days of receiving the same, then the Member Agency shall be deemed to have accepted the Lumen Client Software Service. 6. Reciprocal Data Sharing with Non-Member Agencies. a. The Data Access Rules specified in Section 7 of SOW 01 permits Numerica to share each Member Agency's Data through the Lumen Client Software Service with other Member Agencies and, by default and with some restrictions, with Non-Member Agencies. A Member Agency may restrict the sharing of Data with Non-Member Agencies by implementing additional Data Access Rules. Section 7 of SOW 01 also requires Numerica to ensure that each Non-Member Agency who accesses Data comply with the CllSC Security Policy and applicable law. b. If a Member Agency elects to use the Lumen Client Software Service under this SOW 03, then that Member Agency will have access to Law Enforcement Data from Non- Member Agencies only to the extent that the Member Agency elects to share its Data with Non- Member Agencies through the Lumen Client Software Service. This reciprocal sharing principle applies to Non-Member Agencies who use the Lumen Client Software Service: Numerica shall limit a Non-Member Agency's access to the Member Agencies' Data to the extent that the Non- Member Agency shares its Law Enforcement Data with other users of the Lumen Client Software Service (including the Member Agencies who use the Lumen Client Software Service). Numerica may use its reasonable discretion to restrict types of Data and Law Enforcement Data from being shared if a Member Agency or Non-Member Agency violates this reciprocal sharing principle. 3 • • • 036 • • • Exhibit CI SOW 03 I Lumen Client Software Service Services Agreement.for a Law Enforcement Data Warehouse 7. Treatment of Law Enforcement Data from Non-Member Agencies. Each Member Agency who receives Law Enforcement Data from Non-Member Agencies through the Lumen Client Software Service shall treat all shared Law Enforcement Data in compliance with the ens Security Policy, to the extent applicable, and in compliance with applicable law. 8. Maintenance of Lumen Client Software Service. Numerica shall use reasonable efforts consistent with prevailing industry standards: (a) to maintain the Lumen Client Software Service in a manner which minimizes Errors; (b) to ensure the continuous availability of the Lumen Client Software Service to Member Agencies, including without limitation maintaining, upgrading, updating, and repairing all Numerica-owned or licensed hardware and software; and ( c) to provide upgrades and updates to the Lumen Client Software Service over the internet as applicable. All or any portion of the Lumen Client Software Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance. Numerica shall use reasonable efforts to provide advance notice to the CISC and affected Member Agencies of any scheduled Lumen Client Software Service disruptions. 9. Software Error Reporting and Resolution. a. Reporting Errors to Numerica. If a Member Agency experiences an Error with the Lumen Client Software Service, the Member Agency may report the Error to Numerica using the support email address, support telephone number, or electronic support system provided by Numerica. The report should contain a description of the Error encountered and, where possible, a description of how to repeat the condition that gave rise to the Error and other diagnostic information as available. b. Error Severity Levels. Numerica shall assign each Error with a "Severity Level" for tracking and response purposes. Severity Levels are described on Attachment C-3. Notwithstanding anything to the contrary, planned downtime pursuant to Section 8 will not constitute an Error. c. Error Resolution. Numerica shall work to resolve the Error according Attachment C-4. Successful resolution of an Error, particularly of a Level 1 or Level 2 Error, may require the input and participation of the CISC and the Member Agencies. d. List of Error. On a monthly basis, Numerica shall provide to the CISC (i) a list of each Error reported during that month or reported in a prior month and still unresolved, (ii) the specific Data Warehouse Service to which the Error applied, (iii) the Severity Level of the Error, and (iv) the resolution status of the Error. 10. Effective Date; Termination. This SOW 03 shall become effective when SOW 02 becomes effective. Unless terminated sooner or otherwise agreed to by the Parties, this SOW 03 shall terminate if SOW 02 terminates. SOW 02 may remain in effect after this SOW 03 is terminated. If a Member Agency no longer receives Data Warehouse Service pursuant to SOW 02, the Member Agency will not be considered an Eligible Member Agency and may not receive Lumen Client Software Service under this SOW 3 . 4 037 Exhibit C I SOW 03 I Lumen Client Software Service Services Agreement for a Law Enforcement Data Warehouse 11. Use of Data and Law Enforcement Data by Numerica. Numerica may use Data shared through the Lumen Client Software Service (including when mixed with Law Enforcement Data from Non-Member Agencies) to develop new, additionaL or improved services or features. Such use shall be solely at Numerica's expense and shall comply with the CJIS Security Policy, applicable law, and all ofNumerica's contractual obligations. Any new, additional; or improved services or features, including all Intellectual Property rights therein, shall belong to Numerica. 12. Project Fee. a. The Project Fee for each Member Agency's addition Subscription Licenses pursuant to Section 4 shall be calculated pursuant to the pricing set forth on the Lumen Subscription Guide and the number and type of Subscription Licenses identified in the Subscription Notice. The pricing set forth on the Lumen Subscription Guide may not be changed until January 1, 2020, and thereafter only by the written agreement of the Parties. b. If a Member Agency selects the Enterprise Subscription License, (i) then the number ofFTE certified peace officers indicated in the Subscription notice shall be updated annually based on the information provided to Nwnerica under Section 14.b of SOW 02 and (ii) the Project Fee shall be decreased by an amount equal to $20 multiplied by the number of FTE certified peace officers employed by the Member Agency. c. There are no Project Fees for installation or setup of the Lumen Client Software Service because those fees are covered by the Project Fees due for the Data Warehouse and the Data Warehouse Service under SOW 01 and SOW 02. 13. Payment Terms. a. Unless the Subscription Notice contains different payments terms {which are only binding on the CISC and Numerica if they both sign the Subscription Notice), Numerica shall submit invoices for the Project Fees to the CISC. b. As discussed in Section 2.b of this Agreement, the CISC will pass this Project Fee on to the Member Agencies. The CISC shall remit the fees collected from the Member Agencies toward each invoice. The CISC shall pay proper invoices within 60 days of the CISC's receipt of the same. c. Timing of Invoices. i. Project Fees for the portion of the Subscription Period between Installation and December 31 of the year of Installation shall be invoiced after the Lumen Client Software Service is accepted pursuant to this SOW 03. ii. For each additional calendar year, or portion of a calendar year, Numerica may submit an invoice on or after January 1. [end} 5 • • • 038 • • • Exhibit C I SOW 03 I Lumen Client Software Service Services Agreement.for a Law Enforcement Data Warehouse ATTACHMENT C-1 LUMEN SUBSCRIPTION GUIDE · ! Dashboard lnve.stfgatM! Analyst : Admin ·, ~;~t:e!;~~t~i~t~~;::J~::·free ;·. · · · .. · ·. -. ' :.~· .. . ··.·; ~· • Save queries to dashboard '.·.Create st~nda~ querv.-~ased11nil¥1cs ''·· ·· .. ,. Save analytics to dashboard .. cr:~ate . ---deep ~ -t~---~queri~ ·.·· (te~t ' un~tructured teXt}.. •' . · .. · -·· :,_ · Share saved queries to other · · Investigator and analyst dashboards ·Mutt~asencyq~erles · · Create link charts · Share link· chart$ to other. userst dashboard~- , Share saved queries to ali users' · : dashboards ·. Sh_are 5aved analytics to other use~ dashboards Export results to file .. l'v1utti-agency analytic$ . Manage user accounts (no cost) ./ ~--. -. ·-.·· ~ ..... -: ······-. -- 6 ';;'·· ·. ·. ,. .,/ ·.·.··-··"··:..) .. .j •.·· .. ······--· ··-. -1 ·· .,/ .... ~··· ./ l ·,/ . ./ ... · ./ ... ·. 039 Exhibit C I SOW 03 I Lumen Client Software Service Services Agreement for a Law Enforcement Data Warehouse ~Recurring Subscrpiion Coits $1200 qty 1-2 $1170qty 1-2 Analyst License $1000 qty 3-5 $975 qty 3-5 $900 qty 6+ $878 qty6+ $600 qty 1-6 $585 qty 1-6 Investigative License $480 qty 7-20 $46& qty 7-20 $360 qty 21+ $351qty21+ $60 qty 10-20 $59 qty 10-20 Dashboard License $48 qty 21-50 $46 qty 21-50 $36 qty 51+ $35 qty 51+ $180 $115 Enterprise License per sworn officer per sworn officer Training On-site training $1500 $1400 (4 hours) Online train the trainers session l hour includerl 2 hours included [end} 7 $1 L40 qty 1-2 $950 qty 3-5 $&55 qty6+ $570qty 1-6 $456 qty 7-20 $342 qty 2L+ $57 qty I 0-20 $44qty21-50 $33 qty 51+ $ll0 per sworn officer $1350 2 hours included each year $1110 qty 1-2 $925 qty 3-5 $832 qty 6+ $555qty1 -6 $444 qty 7-20 $333 qty21+ $56 qty l 0-20 $42 qty 21-50 $32 qty 51+ $105 per sworn officer $1275 2 hours included each year • • • 040 • • • Exhibit C I SOW 03 I Lumen Client Software Service Services Agreement for a Law Enforcement Data Warehouse Date: ............................................... . ATTACHMENT C-2 SUBSCRIPTION NOTICE Name of Member Agency: .................................................................................... . Member Agency Contact Information: Name of Contact: ............................................................... . Phone: ............................................................................... . Email: ................................................................................ . Mailing Address: .............................................................. .. Indicate here if requesting an Enterprise Subscription License (with Analyst functionality): ........ .. If requesting the Enterprise Subscription License, indicate the number ofFTE certified peace officers employed: ................. .. If not requesting an Enterprise Subscription License, indicate the number and type of Subscription Licenses requested: Analyst Subscription Licenses: .................. . Investigative Subscription Licenses: ................. . Dashboard Subscription Licenses: .............. . Indicate the Subscription Period requested (one, two, or three years): .................... . Total Annual Recurring Subscription Costs: .............................................. . Additional Paid Training Requested (if any): ............................................. . Cost of Additional Paid Training (if any): ................................................ .. Signature: ................................................................ Name: ........................................................ . [end] 8 041 Exhibit CI SOW 03 I Lumen Client Software Service Services Agreement for a Law Enforcement Data Warehouse Severity Name Level Level 1 Critical Level2 Major Level 3 Minor Level4 Trivial ATTACHMENT C-3 ERROR SEVERITY LEVELS Description For a period of at least 24 continuous hours, the Lumen Client Software Service is completely down or there is a major malfunction resulting in an inoperative condition. The Lumen Client Software Service is substantially impaired and a substantial number of users are unable to perform their normal functions for sustained periods. Examples include major feature failure, major product failure, inconvenient or unavailable workaround, the Lumen Client Software Service being usable but severely limited, and any Error which could threaten the use of the Lumen Client Software Service. Errors in the Lumen Client Software Service to which there may be a workaround and which do not currently threaten the use of the Lumen Client Software Service. Use of the Lumen Client Software Service is impaired, but not critically so and users can generally fully use the Lumen Client Software Service for its intended function. Typographical errors, inappropriate error messages, and other miscellaneous problems which have minimal impact on the use of the Lumen Client Software Service. [end] 9 • • • 042 • • • Exhibit C I SOW 03 I Lumen Client Software Service Services Agreement for a Law Enforcement Data Warehouse ATTACHMENT C-4 ERROR RESOLUTION Severity Resolution Level Name Temporary Permanent After the Error is temporarily Numerica shall work continuously, resolved, Numerica shall work devote significant resources, and around diligently and devote significant Level 1 Critical the clock (if necessary) until a resources to permanently temporary resolution is implemented. resolving the Error. Target for temporary resolution: Target for permanent resolution: 24 hours from Error report five days from temporary resolution Numerica shall work diligently and After the Error is temporarily devote significant resources until a resolved, Numerica shall work temporary resolution is implemented, diligently and devote significant Leve12 Major but Numerica usually will not work on resources to permanently resolving the Error. an around-the-clock basis. Target for temporary resolution: five Target for permanent resolution: days from Error report 30 days from temporary resolution Numerica shall devote reasonable efforts to implement a temporary Level3 Minor resolution. The temporary resolution The next regularly-scheduled may not be available until the next software update cycle. regularly-scheduled software update cycle. Level4 Trivial n/a The next regularly-scheduled software update cycle. [end] 10 043 EXHIBITD MEMBER AGENCY JOINDER AGREEMENT TO THE SERVICES AGREEMENT FOR A LAW ENFORCEMENT DATA WAREHOUSE This Member Agency Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse (this "Joinder Agreement") is entered into as of__ , 20_ (the "Effective Date"), by and among the Colorado Information Sharing Consortium, a Colorado local government entity (the "CISC"), Numerica Corporation, a Colorado corporation ("Numerica"), and , a Colorado local government entity (the "Joining ~'). Capitalized terms used in this Joinder Agreement and not otherwise defined are defined in the Services Agreement (including its attachments). RECITALS A. The CISC and Numerica entered into that certain Services Agreement for a Law Enforcement Data Warehouse dated June 13, 2016 (the "Services Agreement") for the integration the Data Warehouse, the maintenance and provision of a Data Warehouse Service, and for the provision of the Lumen Client Software Service. The Services Agreement is attached hereto as Attachment D-1 and is incorporated by reference. B. The Joining Party desires to become a party to the Services Agreement. As a party to the • Services Agreement, the Joining Party will be considered a Member Agency and will have • certain of its Records integrated into the Data Warehouse, will be provided with the Data Warehouse Service, and, at the election of the Member Agency, will be provided with the Lumen Client Software Service subject to the tenns and conditions of the Services Agreement and this Joinder Agreement. C. The Joining Party has either executed or is committed to executing the CISC' s IGA. Pursuant to the Services Agreement, Numerica will provide the Services set forth on SOW 01 to a Joining Party that has not signed the CISC's IGA, but will not provide the Services set forth on other Statements of Work until the Joining Party has executed the CISC's IGA. D. The Services Agreement requires that, in certain circumstances, each Member Agency shall pay its portion of a Project Fee to the CISC, who in tum shall remit the same to Numerica. The non-appropriations clause in the Services Agreement applies to this payment obligation. Neither Numerica nor the CISC can create any obligation on behalf of any Member Agency to pay all or any portion of a Project Fee. E. This Joinder Agreement may contain terms and conditions that modify or add to the terms and conditions in the Services Agreement; if so, the modifying or additional terms and conditions stated herein shall control over the tenns and conditions stated in the Services Agreement solely between the Parties hereto. • 044 • • • Exhibit D I Joinder Agreement Services Agreement for a Law Enforcement Data Warehouse AGREEMENT Now, THEREFORE, in consideration for the recitals, the mutual promises herein, and other good and valuable consideration, the adequacy and receipt of which is acknowledged, the Parties agree as follows: 1. Joinder. The Joining Party joins in, becomes a party to, and agrees to be bound in all respects by the terms and conditions of the Services Agreement. The Joining Party is a "Member Agency" under the Services Agreement. 2. CISC's IGA. If the Joining Party has not executed the CISC's IGA, the Joining Party acknowledges that it will only be entitled to Services from Numerica under SOW 01 until the Joining Party has executed the CISC's IGA (unless the. CISC agrees otherwise). The Joining Party agrees to work in good faith toward executing the CISC's IGA. 3. Lumen Entitlement. Pursuant to Section 3 of SOW 03, a Member Agency is entitled to a limited number of Subscription Licenses to the Lumen Client Software Services. Please refer to SOW 03 for further details. a. Indicate the number ofFTE certified peace officers here: ............... . b. If the number ofFTE certified peace officers is less than 58, a Member Agency is entitled to one Analyst Subscription License . c. If the number of FTE certified peace officers is equal to or greater than 58, indicate the number and type of Subscription Licenses requested. The total calculated cost of the requested Subscription Licenses cannot exceed $20 multiplied by the number ofFTE certified peace officers; see SOW 03 for details and limitations. Analyst Subscription Licenses: .................. . Investigative Subscription Licenses: ................. . Dashboard Subscription Licenses: .............. . 4. Notice Information. Contact Person: ............................................................................. . Phone Number: ............................................................................. . Email: ............................................................................................ .. Mailing Address: ........................................................................... . 5. Additional Terms. If agreed to by Numerica and the CISC, additional terms may be entered here. [signature page follows] 2 045 Exhibit D I Joinder Agreement Services Agreement for a Law Enforcement Data Warehouse [signature page] IN WITNESS WHEREOF, the Parties are executing this Joinder Agreement to signify their acceptance of all the terms and conditions stated above, to be effective as of the Effective Date, regardless of the date of actual signature. COLORADO INFORMATION SHARING CONSORTIUM NUMERICA CORPORATION By: .................................................................. By: ................................................................. . Name: David Shipley Name: Jeff Poore Title: Executive Director Title: President Date: . . . ...... .. .. ........ ...... .... .... ... . ...... .. ..... .. ......... Date: .............................................................. . (JOINING PARTY) CITY OF ENGLEWOOD By: ................................................................. . Name: John Collins Tilk: Chief of Police Date: .............................................................. . 3 • • • 046 Exhibit D I Joinder Agreement • Services Agreement for a Law Enforcement Data Warehouse ATTACHMENT D-1 SERVICES AGREEMENT FOR A LAW ENFORCEMENT DATA WAREHOUSE • • 4 047 --.-·..-----..--~~ .... ..___.__~ ... ...... Numerica Agreement -FINAL .. --...·---.1<1-•L-*1•_,.__l ...... _ ==-==~=:::-.-.::=..-::.~ _,_ ... .,__ .. _! ""'"" --·-;---.. ------........... .. ·---... .....-... --... --..... ---~ ... -... -·-------.. --... ---.. --... ----.. ""' ...... ---....-·--~--.. -------.... Ql!lr·-·-----·---··-------. ,,. .. -.. r... ... ________ ... <Oi ..... ___ 4_,, __ .. _., ___ _ -.... -.... __ .~_ .. __ _ .. l•------...---1· ..... .._ ~-----s-~-----::.:.-.!!:-.:::-~-::;o==..':'=::!:. -...i,._.-"",...,...,_n-w ____ ... .__. .=-....=::::.='..:::::.::=.:-..:::.;==-. __ .. _ .. _ .. ____ _ _ .... _ .. _,._ ... __ ... ___ _ Adobe Sign Document History By: Stat~s: ·. 07/231201~ ' ·Kelli Crano (kcrlino@fWISY!'.c~m) SIGNED 0712512016 ~ .. -:-.::-.::=-::':t":"~-=.-:".:~· __ l_.._._l_ .. __ .. __ _ .. ---....---.....-.. ' -~-------........... _ .TransactiQl'l IQ:· CBJCHBCAABMzoHHPtljZGz~hl87H:C09g4jTkHtfj(OV · .. . .. ·' . ·; . .-· ;. =-~::::~"::" .. -r.·~==:-..::-..!:.. .,, ____ nx> ........ ...------·--....... =r~=-~-=::::.1.=-- "Numerica Agreement -FINAL" History .;.~:! Document created by Kelli Grano {kcrano@fwlaw.com) 07/23/2016 -1 :31:19 MDT -IP address: 38.88.52.170 ~ Document emailed to vline@co.arapahoe.co.us for signature 07/23/2016 -1 :34:11 MDT ~ Document emailed to Jeff Poore Oeff.poore@numerica.us) for signature 07/2312016-1:34:11 MDT /:., Document viewed by Jeff Poore Ueff.poore@numerica.us) 07/23/2016-2 :16:56 MDT -IP address: 208.184.162. 191 .,& Document e-signed by Jeff Poore (jeff.poore@numerica.us) Signature Date : 07/23/2016 -2:37:08 MDT -Time Source: server-IP address : 97.118.5.239 ti> Document shared with Ryan Tharp (rtharp@fwlaw.com) 07/24/2016 -12:10:01 MDT· IP address : 38.88.52.170 ii Kelli Crano (kcrano@fwlaw.com) replaced signer vline@co.arapahoe.co.us with Vince Line (Vline@arapahoegov.com) 07/25/2016 -9 :35:38 MDT · IP address: 38.88.52.170 ~ Document emailed to Vince Line (Vline@arapahoegov.com) for signature 07/2512016-9:35:38 MDT )~~ Document viewed by Vince Line (Vline@arapahoegov.com) 07125/2016-9 :37:19 MDT· IP address: 65.113.226.130 .,& Document e-signed by Vince line (Vline@arapahoegov.com) Signature Date : 07/25/2016-11 :49 :37 MDT -Trne Source : server-IP address: 65.113.226. t 30 • Adobe Sign @ Signed document emailed to vline@co.arapahoe.co.us, Vince Line (Vline@arapahoegov .com), Kelli Crano (kcrano@fwlaw.com), Jeff Poore Oeff.poore@numerica.us) and Ryan Tharp (rtharp@fwlaw.com) 07/25/2016 -11 :49 :37 MDT •. Adobe Sign _, / • • • COUNCIL COMMUNICATION ···~·---····-·---------- Meeting Date: Agenda Item: Subject: October 17, 2016 9bv Change Regular Clty Council meeting time to 7:00 p.m.-2"d Reading Initiated By: Staff Source: CMO Eric Keck, City Manager PREVIOUS COUNCIL ACTION RECOMMENDED ACTION Staff recommends Council approve a bill for an ordinance, on second reading, amending the Englewood Municipal Code 2000 and the Rules of Order and Procedure for the Englewood City Council, to change the start time of regular Council meetings to 7:00 p.m .. effective November 7, 2016. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Title 1, Chapter 5, Section 2, Subsection 1 of the Englewood Municipal Code 2000 reads that the "Regular meetings of the City Council shall be held in the City Hall on the first and third Mondays of each month at seven thirty o'clock (7:30) P.M., or at such other time and day as Council may, from time to time, designate; provided, however that when the day fixed for any regular meeting falls upon a day designated by City Council as a City holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday." Starting in November, Council will discontinue Study Sessions before the regular Council meetings on the first and third Mondays. Study Sessions will only occur on the second and fourth Mondays of each month. Since there will no longer be a Study Session at 6:00 p.m. before the regular meeting, the regular meeting can start earlier. It was decided that a 7:00 p.m. start time for regular meetings would be the most accommodating for the majority of citizens . FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for an ordinance • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 2, SUBSECTION l, ENTITLED REGULAR MEETINGS, OF THE ENGLEWOOD MUNICIPAL CODE 2000, AND AMENDING CHAPTER 1, SECTION A OF THE RULES OF ORDER AND PROCEDURE FOR THE ENGLEWOOD CITY COUNCIL PERTAINING TO THE TIME OF CITY COUNCIL MEETINGS. WHEREAS, the Englewood Home Rule Charted, Article Ill, Section 27, provides that City Council shall meet re1,,rularly at the City Hall, at least twice each month at a day and hour to be fixed from time to time; and WHEREAS, the City Council Rules of Order and Procedure, Section A ··Regular Meeting provides a starting time of 7:30 P.M.; and WHEREAS, the Englewood City Council has discussed changing the starting time of Regu i,.t City Council Meetings to 7 :00 P.M .; and WHEREAS, the new starting time will provide additional time to consider the Council Agenda's, allow for public comment. and provide for a streamlined process; and WHEREAS, the new starting time shall be effective on November 7, 2016, the first regularly scheduled Council Meeting in November, and shall continue thereafter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado hereby authorizes amending Title I, Chapter 5, Section 2, Subsection l Regular Meetings of the Englewood Municipal Code 2000 to read as follows: 1-5-2-1: Regular Meetings. Regular meetings of the City Council shall be held in the City Hall on the first and third Mondays of each month at seven~ o'clock(~ 1;.QQ) P.M., or at such other lime and day ;! Council may, from time to time, designate; provided, however, that when the day fixed for any rel:,rular meeting falls upon a day designated by City Council as a City holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. Section 2. The City Council of the City of Englewood, Colorado authorizes amending Chapter I -City Council Meetings, Section A · Regular Meeting of the Rules of Order and procedure for the Englewood City Council to read as follows: 1 • • • 1. City Council Meetings A. Regular Meeting Regular meeting of the City Council shall be held in the City Hall on the first Mondays of each month at~ 1.Qil P.M. or at such other time and day as City Council may, from time to time, designate; provided, however, that when the day fixed for any regular meeting falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. Section 3. Safety Clauses. The City Council hereby finds, detennines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full, and passed on first reading on the 3rd day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day o f October, 2016 . 2 • • • Published as a Bill for an Ordinance on the City's official website beginning on the 5111 day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 17d1 day of October, 2016. Published by title in the City's official newspaper as Ordinance No.-·_, Series of 2016, on the 20th day of October, 2016. Published by title on the City's official website beginning on the 19th day of October, 2016 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor AITEST: 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 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 17, 2016 9bvi South Platte River Run Park -Bike Trail Extension from W. Union Ave. to W. Oxford Ave. Initiated By: Staff Source: Utilities Department Staff Tom Brennan, Director of Utilities PREVIOUS COUNCIL ACTION Resolution No. 87, Series of 2015, authorizing the City's Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase II. Council Bill No. 25, Ordinance No. 27, Series of 2015, authorizing an Intergovernmental Agreement with Arapahoe County for the acceptance and use of Open Space grant funding in the amount of $300,000 for the construction of the River Run Trailhead Phase I. Resolution No. 6, Series of 2015, authorizing the City 's Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase I. Council Bill No. 56, Ordinance No. 50 , Series of 2014, authorizing an Intergovernmental Agreement regarding the construction of drainage and flood control improvements for the South Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as participants . Resolution No. 38, Series of 2014, authorizing $100,000 funding for River Run Project support from the Arapahoe County Open Space Fund. Council Bill No. 41, Ordinance No . 38, Series of 2011, authorizing an Intergovernmental Agreement accepting the 2010 Riverside Park Planning Grant between Arapahoe County and the City of Englewood, Colorado . Resolution No. 89, Series of 2010, in support of the City's Arapahoe County Open Space (ACOS) grant application for the Riverside Park Planning Grant. RECOMMENDED ACTION Council approval of an Intergovernmental Agreement between the City of Englewood and South Suburban Parks and Recreation District for the construction of a bike trail on the east side of the S. Platte River at W. Union Avenue and W . Oxford Avenue . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED South Suburban Parks and Recreations District submitted an Intergovernmental • Agreement between South Suburban Parks and Recreation District and the City of Englewood, a License Agreement detailing ownership and responsibilities and a Temporary Construction Easement to allow access for the construction of the improvements , along with exhibits and legal descriptions for the proposed trail along the east side of the S. Platte River . The project is for a one-mile regional trail connection along the east bank of the S . Platte River from W. Union Ave . to W . Oxford Ave. The proposed portion of the trail will connect the Mary Carter Greenway Trail System to the existing trail at Broken Tee Golf Course . The project necessitated modifications to the Union Avenue Water Intake Facility and a 92" storm sewer outfall at W . Oxford Ave. These modifications will improve the flow intake at the Uni o n Avenue Water Intake Facility and provide safety improvements to the 92 " storm sewer outfall at W. Oxford Ave. FINANCIAL IMPACT None LIST OF ATTACHMENTS Ordinance Intergovernmental Agreement between the South Suburban Park and Recreation District and the City of Englewood License Agreement Temporary Construction Easement UnionAvePlatteRiverRunParkTrail • • • • •• ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN JNTERGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR THE CONSTRUCTION OF A BIKE TRAIL ALONG THE EAST SIDE OF THE SOUTH PLATTE RIVER SOUTH OF THE UNION AVENUE BRIDGE AND NEAR OXFORD AVENUE. WHEREAS, the City of Englewood is cooperating with South Suburban Park and Recreation District (SSPRD) in the development, by South Suburban Park and Recreation District of a Bike Trail within the City of Englewood to connect existing sections of a regional Bike Trail; and WHEREAS, the South Suburban Park and Recreation District submitted a plan to the City of Englewood for constructing a part of that Bike Trail located on the East side of the South Platte River beginning South of Union Avenue Bridge near the City's Water Intake and at the Oxford Avenue Right-of-Way; and WHEREAS, intergovernmental agreements are authorized by Article XIV , Section 18 of the Colorado Constitution and C.R.S. §29-1-203; and WHEREAS, the City of Englewood 's Park and Recreation Commission and Community Development Department have agreed that the trails complement the current City Bicycle Plan and would be of a benefit to our residents; and WHEREAS , the Englewood Park and Recreation Department reviewed South Suburban Park and Recreation District's proposal at their meeting on September 11, 2014 and recommended approval of this Agreement; and WHEREAS , the Intergovernmental Agreement outlines the implementation strategy for the South Platte River at Union and Oxford Avenues improvement project with the goal of promoting a healthy river in an attractive setting which creates a quality recreational experience; and WHEREAS, improvements necessary for the construction of the Bike Trail along the East Side of the South Platte River Bike Trail beginning South of the Union Avenue Bridge and at Oxford Avenue are outlined in the Agreement and Exhibits; and WHEREAS, construction of the Bike Trail requires a redesign and construction of the City 's water intake and Storm Drainage Outfall; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Intergovernmental Agreement between South Suburban Park and Recreation District for the construction of a Bike Trail along the East side of the South Platte River South of the Union Avenue Bridge and near Oxford Avenue at their May 10 , 2016 meeting; 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement between the South Suburban Park and Recreation District and the City of Englewood, Colorado pertaining to a certain section of the proposed East side of the South Platte River beginning South of Union Avenue Bridge and running North under the bridge to just beyond the City of Englewood's Water Intake, and at Oxford Avenue, attached hereto as Exhibit 1. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Section. 3. The License Agreement attached to the Intergovernmental Agreement is hereby approved by the Englewood City Council. Section 4. The Director of Utilities is hereby authorized to execute the License Agreement for and on behalf of the City of Englewood, Colorado Section 5. The Temporary Construction Easement, attached to the Intergovernmental Agreement is hereby approved by the Englewood City Council. Section 6. The Director of Utilities is herby authorized to sign the Temporary Construction Easement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 3rct day of October, 2016. • Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of • October, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 17th day of October, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 20th day of October, 2016. Published by title on the City's official website beginning on the 19th day of October, 2016 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk 2 • • • • 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 3 EXHIBIT 1 to the Ordinance . INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF THE EAST SIDE BIKE TRAIL AT UNION AND OXFORD A VENUES. THIS AGREEMENT is made this __ day of , 2016, between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, (hereinafter referred to as "the City"); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, (hereinafter referred to as "District"). WHEREAS, the City of Englewood and South Suburban Park and Recreation District are cooperating in the development and operations of a pedestrian and Bike Trail; and WHEREAS, construction of the Bike Trail requires a redesign and construction of the Englewood's water intake at Union Avenue and Drainage Outfall as Oxford Avenue in Englewood, Colorado; and construction over the City's property and Rights-of-Way; and NOW THEREFORE, the City and the District agree as follows: A. Bike Trail Improvement Plans: 1. The proposed Improvements necessary for the Bike Trail, but excluding the Trail itself (the "Improvements") are detailed on the plans (the "Plan") in Exhibit A. The City hereby grants to the District the right to access and construct the Bike Trail and Improvements in accordance with the terms of this Agreement, the license agreement concerning the City's water intake and drainage outfall and the plans and specifications approved by the City, attached as Attachments 1 and 2. B. Construction, Operation and Maintenance of the Bike Trail: The District will, at its own cost, construct the Bike Trail (sometimes hereinafter referred to as the "East Side Bike Trail") at Union and Oxford A venues, as shown on Exhibit A attached hereto. The District will be responsible for construction of the Bike Trail and Improvements. The District shall endeavor to begin construction upon execution of this Agreement by all Parties and conclude construction within 5 years of the date of this Agreement provided; however, the District shall not be in default hereunder for failure to either begin or end construction by the above-recited dates. The District agrees to construct this Bike Trail in a manner consistent with the design plans, specifications, and license agreement concerning the City's water intake and drainage outfall, and the building permit approved by the City. 1. Should the Bike Trail and Improvements cause an unforeseen change in the operation of the City's raw water intake facility, at the request of the City, the District and the City will work together to devise a solution that returns the City's raw water intake facility to a condition substantially similar to its condition before construction of the Bike Trail and Improvements, which condition is acceptable to the City in the reasonable exercise of its discretion and at the sole cost of the District. • • • • • • 2. At all times during the construction, operation and maintenance of the Bike Trail and Improvements, the District shall be responsible for taking reasonable measures to maintain the security of the Englewood raw water intake facility, (gates locked when unattended). Additionally, the District shall maintain access to the facility for City staff during the construction, operation and maintenance of the Bike Trail and Improvements. 3. The City is not liable for any accidents which may occur on the Bike Trail not caused by the negligence or wrongful conduct of the City. 4 . The District shall own the Bike Trail and Improvements and be responsible for their operation, maintenance repair and replacement. The City shall remain in possession of its raw water intake facility and Oxford Drainage Outfall with the exception of the trail and associated retaining walls and hand railings . The City shall be solely responsible for the maintenance and operations of the facilities in their possession. C . Rights of the City: 1. The City reserves the right to close the Bike Trail for any reason related to the safe and secure operations of the City facilities. 2. The District is hereby acknowledging that the Bike Trail is incidental to the priority use of the City and drainage facilities and agrees that should there be a conflict between the priority use of the City Water Works System and the District's recreational use, the safety and continuation of the City's use shall control. D . Miscellaneous Provisions: 1. 2 . 3 . Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the Parties and the authorized signatories for the Parties . All notices, demands, requests and other communications required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, and regardless whether actually received or not, three days after deposit in the United States Mail, first class , postage prepaid, registered or certified addressed as follows : Englewood: City of Englewood City Manager 1000 Englewood Parkway Englewood, CO 80110 2 With a copy to: City of Englewood City Attorney 1000 Englewood Parkway Englewood, CO 80110 District: South Suburban Park and Recreation District Executive Director 6631 South University Blvd. Centennial, Co. 80121-2913 With a copy to: Timothy J. Flynn Collins Cockrel & Cole PC 390 Union Boulevard-Suite 400 Denver, CO 80228 4. This Agreement shall be governed by, and shall be construed in accordance with the laws of the State of Colorado. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 5. This Agreement constitutes the entire agreement of the Parties hereto. The parties agree that there have been on representations made regarding the subject matter hereof other than those, if any, contained herein. That this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 6 . This Agreement may be executed in counterparts, and upon full execution thereof, such copies taken together shall be deemed to be a full and complete Agreement between the parties . 7. If litigation is commenced by any of the Parties concerning this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs form the other Parties. IN WITNESS WHEREOF, Englewood and South Suburban Park and Recreation District have executed this Agreement. CITY OF ENGLEWOOD, COLORADO Joe Jefferson, Mayor ATTEST: By: Loucrishia A. Ellis, City Clerk 3 • • • • • • SOU1H SUBURBAN PARK AND RECREATION DISTRICT STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) flC'AtQtA K. SHEPHARD . NOTARY PUBLIC ITATI OP CO}..ORADO . NOTARY ID 199&t01045I MY CO-ISION EXPIAEt APRIL 111, 2018 . The foregoing instrument was acknowledged before me this::2~ day of ~ C-. > , 2016, by John Ostermiller, President of South Suburban Park and Recreation District. ~SS my. hand and seal. #:~7.,L_4~ Notary Public My Commission expires: ~ 1S: .t_o/3 4 {/) I 0 c:: -l I ::r: '1J ::::i !: l 'L. -l > -l l [T1 I 0 :::0 [T1 < ! ~ [Tl Cl :::0 z :::0 c:: 'L. '1J > :::0 ;::>:; c:: z -0 z > -<: [T1 7. c:: tTl '1J -r z > -l z > ;::>:; [T1 {/) -l :::0 c:: ("') -l ~ tTl • ,, m ··I ... \ .. '·· . . . ., ~ . ·: .. \ \ \ \ ' ' 1fil \ \. ~ "t. ~\ ~I ).\ ; ~· ~! I \ 'f( c-6' _________ .... ;.: i! " "' en ~18 ~f?. "I) ~q Pl p~ l_ - "' • "' 0 '.1! \i ,, •; \ I '<\ \ \ I ~i I I &; ' j! "I ~I H( ~ ,, I I r I r ~· .. ~ t . ~-.. 1 ···-··· \ /,• .. ·· ~ . .,. ·n c < -u QJ t::- '\ . • ·~\ .• • ;1 ...... . . " \:\ .. . \\• . ·~~ 7\ m -< ~ ;y \ l> z J . • .·, ' ')) -1-m-:IXPI ; (/) ::r: trJ ~ C? ~§ n .,, on r:-C? 0 ;::o > C? 0 (/) ....J 0 >~ ....J _. 0 <:: ....... > ,...., ....J 'TJ trJ 0 ::0 ~o > c:: <....J trJ .,., z f: c:: r:- trJ "O r:-> z • • • • • • ATTACHMENT 1 TO THE IGA LICENSE AGREEMENT FOR A BIKE TRAIL OVER AND BESIDE THE "CITY'S WATER INTAKE PROPERTY" AT UNION AVENUE AND THE DRAINAGE OUTFALL AT OXFORD A VENUE. THIS LICENSE AGREEMENT, made and entered into as of the __ day of ----------·' 2016, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, whose address is 1000 Englewood Parkway, Englewood, CO. 80110 hereinafter referred to as "City", and SOUTH SUBURBAN PARKS AND RECREATION DISTRICT, whose address is 6631 South University Boulevard, Centennial, CO. 80121, hereinafter referred to as "Licensee." WITNESS ETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns, to install a crossing for a Bike Trail over the City's property near the Water Intake at Union A venue and the Drainage Outfall at Oxford A venue, in the County of Arapahoe, State of Colorado, described as two parcels of land situated in the: A. South East ~ of Section 9, Township 5 South, Range 68 West, of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, being more particularly described in the attached Exhibit A (Union), and Exhibit B (Oxford). Construction, Operation and Maintenance of Bike Trail near the City Water Intake at Union and the Drainage Outfall Oxford Avenues: 1. Licensee will, at its own cost, construct a bike and pedestrian trail ("Bike Trail") next to and across a portion of the City's property near the City's Water Intake at Union A venue and the Drainage Outfall at Oxford A venue, as shown on Exhibit A and Exhibit B attached hereto. 2. Licensee will also be responsible for any related Improvements necessary for the Bike Trail. Licensee shall endeavor to begin construction of the Bike Trail and related Improvements upon execution of this Agreement and conclude construction within five years. Provided however, Licensee shall not be in default hereunder for failure to either begin or end construction by the above- recited dates . 3. Licensee agrees to construct the Bike Trail and Improvements to the City's property in a manner consistent with the design plans, specifications and the building permit approved by the City and in accordance with an intergovernmental agreement approved by separate ordinance . 4. The design and construction of the Bike Trail and Improvements shall be the responsibility of Licensee. 1 5. Any construction contemplated or performed under this License shall comply with and conform to reasonable standards formulated by the Director of Utilities of the City; and such construction shall be performed and completed in substantial conformance with the approved plans, a copy of which is attached to the Intergovernmental Agreement between the Parties and made a part hereof. 6. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Bike Trail and Improvements and/or City's Water Intake at Union Avenue and the Drainage Outfall at Oxford Avenue so that the City may, in its discretion, inspect such operations. 7. At all times during the term of this License Agreement, Licensee shall be responsible for taking reasonable measures to maintain the security of the Englewood raw Water Intake facilities. Additionally, Licensee shall allow and ensure access to the facility by City staff at all times during the term of this License Agreement. 8. 9. Within one ( 1) year from the date of the commencement of construction of any Improvements, especially the Improvements to the City's Water Intake and Drainage Outfall, the Licensee shall complete such construction, and shall clear the area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the clearing and restoration of the area is not completed within the time specified, City may complete the work at the sole expense of Licensee. Upon acceptance of the Improvements to the City's Water Intake, in writing, by the Englewood Director of Utilities, the City agrees that the Improvements to the City's Water Intake at Union Avenue and Drainage Outfall at Oxford has been constructed in accordance with the design plans and specifications that Englewood has reviewed and approved; and all rights and title to the Improvements at Water Intake and Drainage Outfall will be conveyed to the City of Englewood. 10. From and after the date of conveyance Licensee shall have no further obligation for operations, maintenance or replacement of any portion of the City's Water Intake at Union Avenue and Drainage Outfall at Oxford which is the subject of this Agreement. 11 . Licensee shall provide a one (1) year warranty for construction and design. 12. The City is not liable for any accidents which may occur on the trail. 13. City shall have the right to maintain, install, repair, remove or relocate the City's Water Intake at Union Avenue and Drainage Outfall at Oxford or any other of its facilities or installations within City's property or right-of-way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements, licenses, and installations. In the event the Bike Trail and/or Improvements should unreasonably interfere with any future use of the City's Water Intake or Drainage Outfall, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 2 • • • • • 14. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the Bike Trail or Improvements shall be made at the sole expense of the Licensee. 15. The stipulations and conditions of this License shall be incorporated into contract documents with any third party contractors. 16. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . 17. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City's Water Intake at Union and Drainage Outfall at Oxford. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City's Water Intake at Union A venue and Drainage Outfall at Oxford. 18 . 19. As between the City and Licensee, Licensee by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water leaking though at the point or points where the Licensee performs any work in connection with the crossing provided by this Licensee. The Licensee assumes all responsibility for maintenance of the Bike Trail . It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 20. Insurance. South Suburban Park and Recreation District is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10- 101, et seq., as amended (the "CGIA"), and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the CGIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the CGIA. 21. As consideration for this License, Licensee shall pay for all costs for construction the Bike Trail and Improvements, including any modifications to the City's Water Intake at Union Avenue and Drainage Outfall at Oxford consistent with the drawings attached as Exhibits A and B. 22. Licensee assumes all responsibility for maintenance of the Bike Trail in accordance with the standards and practices of South Suburban Parks and Recreation District and consistent with other South Suburban Parks and Recreation District facilities including: 3 a. Removal of litter and debris from the Bike Trail; b. Managing vegetation along the Bike Trail, including mowing of Bike Trail shoulders, trimming of hazardous limbs from trees, maintenance of irrigation systems and removal of noxious weeds along the Bike Trail using a method approved for use near a drinking water source; c. Maintaining Bike Trail surfaces, signage, rest areas, furnishings, and trash receptacles; d. Removal or painting over graffiti; e. Repairing structural damage to Bike Trail surfaces, retaining walls, and fences; and f. Use reasonable measures to control vandalism and dumping along the Bike Trail. 23. Licensee hereby acknowledges that the Bike Trail is incidental to the priority use of the City's Water Intake and agrees that should there be a conflict between the priority use of the City's Water Intake and Licensee's recreational use, the safety and continuation of the City's use shall control. 24 . In granting the above authorization, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD, COLORADO Tom Brennan, Director of Utilities , Chairman 4 • • • • • • The undersigned officer of Licensee has read the foregoing License and agrees for on behalf of said Licensee that it will accept and will abide by all the terms and conditions thereof. STATE OF COLORADO ) ) SS. COUNTYOFARAPAHOE) LICENSEE: SOUTH SUBURBAN PARKS & RECREATION STRICT John Ostermiller, President- ess: 6631 South University Blvd. Centennial, CO 80121-2913 303 798-5131 The foregoing Agreement was acknowledged before me thi~B~ay of~( 20/ L. by John Ostermiller, President of South Suburban Park and Recreation District. Wi/j my hand and official seal. ~~7d~~ Notary Public ~ ,,10 15, 2/1/B My Commission expire~~ ,, G/ 5 IXM.tiA K. SHEPHA~ ~ NOTARY PVBLIC STATE OF CO).ORADO NOTARY ID 199..8401045a EXPIREi APRIL 11, 2011 • •• i i \ ~ ' ~ '1 \ \ 5TA.O•OOTOSTAl•!!6."" l OlCFCJQUeAST'lel.WAli .\ STi\.1•66.3f05TA'MU , .• '.GT>. 0 -C,O'O 5'1'-,.,, '. . 0,.-0QOf.ST •ET,.;.,_ 51"-2·'.l>TO STA 2''7 , // I f 0~ "'" 1o•u.ov""'"" w•u ... L-· "" '"'"" "''·'4• , °''"'"" """' ""' w"'-' S.A , • ., TO "'"'"l!l.9 --·-J·--C::..:. ·-. :>:!!:5F.r.:tl:JNC01"1Gc.s.. I I; .Ol!1"0li1DTOAl.L~ ~\-·r.rA1·36.9losr,a.. 3 • 0 2 .., 1 0)(f"C'QOfASTllET.WbU ~ ' '""\ --.. -·--" · ' · ""'"'"'''''"CJ¥«;c" • ""1.vi•u o""'"""''""'"'°""' ~'.F<AC<;::-;:;: 4:'"\ • -.. ,,,, ', ') "-~-.. -·-.. , ~i , j . 5'F.5"0!0'<A OWGC-" •HWt« . C:O.'"""-.nfo/T$ATI:::, I < •: :·:, ~ •; ij .I .. ~ """"COONC·-C·47 !ill• '!·~~ 1·0 S TA 4•'5 412 O)<J"Ol:f)r,N;"!PF.-1 .VMIJ 5F.E$EC1'0"~10Vr,lC4« -·--:-: .. ---r .. · .--__ . . / Ji If; 1 1 1 : IC!::'"WAl.t. . 1 O>d"CQ'.lTl1 ALlOr.€0 ---·ST4-~>01."iTO~rt..:?.•8CJ . .t.9 -e----···-I!' ,, ' ' I ' I " • i . I :· ' ' j ~~:.,,,_a:;~f '~f --~ _ __..-"-) • •,.'_' .·:,, I •~ • ! i' ' •, ~ r--:--2- -'---~ · "'"" • I ' ',.,9 ' t ' ~--j ' · i ---:··._ • ~ ' _(•I·" 't : ',I :•.· •.. ' 1--·~"""~ . -_ i ~ ' .. • ···---------·1 I I I .. i -..: __ . ----.... ·.,. -ll4~":.~ . -',.p _! -, , •1. · a ~1 ~ ~ ~ 1 ,,.,.,.,,,,.,.,,.,01 ~ I " ~ ~ ... ---..:_ --I ~' '~.,,_, ' d ' ' i!li 111.1 11 ~'!"-.ii ~ I ! I i,~ ~· •\ --I -_;;,;;; ---_ :-":-....... J:l~~O:-, '··:f • /,.,.,.:,..P""""'"'"'"'"'"'°''' _ 1 ,;~~tJ ~~i ~I ,,~", A'C>Area.E6' ~~~ , I ; I .~~p~ \ ( ~~ r.r. ·~~~tl 1·' """'r.=;.~""" """' 'l. ----' -.... __ , :~~1~ -. I "--~"'A< ~~··<i ~~ ~~ J '1 ., ~.I: ! ~~ I ~···~ ; ' ~\ ·~ ~~ J-. --..._ r--pi:/~.-~7"~-" -=·~'"""""":'::, \ i ~· ~ ' :J~n~ ~~ 1 ·· E;!l; ~ ' ~~, 4~ ~-.. ------. J.vi;.4-q >·.;~ .... _ _ ,,,;,·,...... "~ • I \ ~~~ ... .... ... . . t,l1 · 1 r---"5. · -> "c--1-"''ll: _.c.l:.~':-< _ -·~->!J-· ' .. _ _ · "-~ '\ • m !. . ~ •1 --....... " ;, ----· ------" ' ;tl l ' ' .. ,,.~----1-' L , .. ,.. .-<'~ -'§ '• .. ! J--I -··~ " ' ... _., ' ----" -~.~·~~~=~~-j~I : . ;F:~' o'i· . ~::~~ :..";H ~:C " ~" ~----_ \'.'.:---:-::~~~·""''~ -----i -·:·~ =-\--=--=.,.~:.e-~--~ _._. ·--:, ___ J .. "'"'------~--. . ..,r"' " .. -------------· . , .. ' ---·"---· . -~ I P ._ ----"{,·\\~---.::-:-::..:.__--=--~-_:_:' ·---.;_ ' 'I l -·l ,,-i ;, _--I: -. ···1 .. ; .. ·· .• \ i 1 ,_' I --l ---,\"I ,\• "'---,,. r--•II f-l ------r -"10 ·--/-·· ~ ' i ""~<\;;~ 1 ~~-_;:.".:::::::---.:\"i~';\·1°)': , : " --...-. •i,-_--·:,..; 1 ·:-: I w~ n-~u ~~ .·. ,1 -·t"' ·. • ·\\~·.'1r~w I 1 \\\)J\\1:1 '.·:~ I r -:::i . ..:>-J;I :r · ---~a~~~~-~~~~~i1 ·--• ......__1 \. i.~~~f1!- I IJ •·l'' ' °"' · \ ' -~·· ... T'" · r-~ ' , -I I ' f. .(.-/;"!-(/~,·) ~ , • -: I ~4\ ~ ~ ~ ~ ~ ·~ ; "·-:----. · .. U"l\ •;l 'j(-\~) • ,-, • , :;) .1!'13 .... ..,.,.., .,.,. • I m ~ ~ ~ ~ t ~ ____ _,, ..... . .,, .• ~ -4'"' --,_ t -·' ·--~~ ' , l' ; ' ; , ~·IV ',_ ··-• ..,..._ ........... "· .. --'-.;<:-~ ' .-_:r.-~. ~· l ----- '. -J ~ u .;. ~lJ"~"~r 1 ; •i • ~ ' ,.. . ':•,~ · ' " 7 ·'1'1,1h,!; -,· -----C." "'"• I I ' ---· i I R ' -- A A /\~';\\)\~i;h: . ----' ---' -~,. -.. :::::f,i C:--,,,...,. ·~ ~-:r--k I I'/' /'i 1 /',i( ~-!· C 01 ! ----+-11-.. ·--··-'-. ---. 1 0 · ..• ·1.:, !111•1 ,'/f ,,,, -"",_ ' : ..... , .. __ , __ ._)'ii•·"·"·"" :~~t~t ~ ~'--~ ·~ct. -~-'= --~~-~~:-:~ Jv: ~ .... :~_--: __ ~~--,,-~~~,\ ··----.-11., .. 1•• ·--· "]u 0 '.'fl 1IU ~---'.....,.. • lO<•crl IF-~EET 6G:E I; i..or JJ,.'C.: C 1~1Jr.\A") fl.r:N ~~IC~ ~l eE l.ffO r.O>lfO.Pt4TF;CVl.I. ·T LLGCND .~ Q..\1'\..11il7 fR..J L LGt:ER RU. IU4:.L Linelable~ Lill•lf. ... ''h oir .. n... ""''~'""' r_...,..,, B~--:n.I;--;;:?-II-•~:!_ ~~~7.U.H, E. lll14JUI> (N. IS'9fiTt.I~~~ • .... s14• 02' nl""[ IN.9'5917' u . r :\fSf411.HI IN. Nl"IU.14, f.. )IJl'H-'1'1 -····· -- 10" O.t' 11.l!l•w fHIMIH1'.U. F.. 515748751/ IN. ll5U44.H . (. '!llr•eZ.411 _':~~ !:r4• 01:' lt.Sl"W IN1159544.H. F.. 311141!.HI tH • .;~~40.9~ (_ lll748148j" 50-C!' 1•.n... IH.16H'"0.fl 7. C. lll7491.411 [M.16!1!1!1l0.7l C. l1J7491 ... ll ~c,.<~~r/1<£7.w.Ji.L Liii Utl sz• 04' J6.Ul"t IN.lf>IH4l' IK. (. ]llH!l.Hl {frt.15'nH.1111. [. 31l7!100J91 tjii 1u>1 so•o:r1•.n·w tN ... H1n.n.r .lDf4"'0.111.~_.~~ LIT 4.IJ '!!14• Ol' !10 .'!IO"W (Nlfi~U'Pt.H, (. llJ7410.~8\ IM. MlllHfD 1111, l . ~LH4H.!11'1 --------------71~~:;;1 !iO• 0!'111,.H"W IH\fi!l'57!1 .H .E.l1)70!1.171 !H .~!lt:l•U.tf.[. ll1741'i!l-19~ sn• :\9' 11:u•t 'E 11H.1U154iur. t . :•usr.•H.4~1 I fN. l'i~U•l1. r.. !llnuo ••1 UDH.lJ SllU\ll>~N. CUL<)T\ADO SOL/Tl I PLATTl HI vrn HU N PAHi\ f"I N~L DF Sfl,N ~---------·-·· CtHVe falltP.: AJignnlf!OI~ >----r -, ----·I c.,,. I ..... ,,~ ·----1·-----n• H' l4" IN. !U,.DS1 .l'J. £ lllf!IOll.H) IM. l~:\!lf :U.1i'J. F.. 5117481..611 11" 4]" 41• iH. 16119lm,E."J,;r;a-;::;;-/it~6l''J481',.8!1. f.. ll.H4H.l"} -·-···--- u !H.00 Cit l!lfi.otl ·---11---------- 1:$.14 I ... Ol' n!I' I (M. • ., ... H .21. £. ~IJ14fl'.llll fH.1S!l!t1&1.M , r.. ltl7•491.9!1) ./}. i< _(". ~ ·~:};: ~--~;< "K'1£5• r 0;~£.1t..<oJr PET. 11"4/.J.. -4.~r l!Jl!J·ICIC~t:iF rcA5n F.-tt::E (...°r'""'4U. :JO~ .,...At. &.CUBe/l!FT. IJJ,d/..L 4~/.9 FR<.)NT"-E5r>F,;.;r,£C,-:<7f~. ,,; ~.D Pr.RrlON!J ~ F.A9r ~.d~ ~ A"D J.Cll.C!R J.<.~!IT~l"'3 uV..U.. ~ 1--,C.h·E A M :.vr ~NJ!.1-1~ PFR 1;..£ SFF.cr-C4ro.'5 ra.rar:E TJ.E r~ LICR~it \~£),;,® < f; ~ =r> ·· :~. <"J-~::.~·, t(0°C;il"~:,~~1 ~:-d1g . SEE SPECIFICATIONS '!HAIL WALL !'LAN ,\T OXFO!lU AVlNl lE 1' .•: • ;~ .·:r . ;; ..• -,... . :•0·1 I ; ' C-46 I > • I E I , t ],';5t'.ifi,¥-.%W:~\A*XW.\1?f~-1;-.;W,f~~-.:.;~;~:r~·"9.>.,,.,,·.::..;·E:'.':":: .-:; · .,, · . .-<· ·:·.~:; :: ~-' : .. :-:-."' (·~ ~-"'~·'·~ ""'""·~·,.·· -~ ~l-. --·-\ . ,..,..--··~ .... · I/ E.>7E><>~'= ;_ l 24"/fe?~n::J91-ISA ·-:l anFAl.J..~l"LANA>D FM:::'Ft.E L"E F ~ C.,,.,) ·, "'"··......-:, J . I """ ·: .. '·• ... • . "'r=;s"""· \" ... ·1.: ... · ... .' '·-"----. .c.__f~ ...... :· . ' .. ::. ,._ " . . ,·· ;· ~ .. . . -.·_ :,· , . ~. · c;;o:~_;.{f-;.~;:;~, - -~"~~--··-\'·~~- e "Rell> aL "81i'T EXTEN:5ICIN o'SEE Pf.AN .AltD l""Rat.E L NE 6 CtiG C-5-41 ~,,~ LEGEND c:..:..:.____1 ~ c=---, L _,_·J [~,.:=J [ ___ ] [_ ___ .c__J IYS';z::g ~ t~~.'·:~1~:c:~:~ f,tj • ------ l!XIST°H:i UETl..AJO ~ DteTf.IGRl"'R~ EXl!JT'Nt:i ~ACERF'R..JP EXl!JTNG/li'~-1.ARGE~ """""""'~ """""""'_.,,....,~ ~tf"t::RTc.a!J8l.E IJJ" NATIVE~ l1'AED ~~~Ne~I. ~!ICL/el"'RAP ~~RFR.AP .-,.....,, $CU.J"TED ~ I i . ~:) _.}<:!. l''x:J ~IE-An.REsaL&ee ~ACE Rl""R.AP CR 6RaJTED ~~~LIE ~ACERPRAP4'1.cr"'F.lNEIR...ATI TOO CR rGJ;" CJ'~ e rNATED I!>< a.RFD RF'R.AP TQ? B.EV.A TO..' ~ACE ~a<£ L iii! fGRaJTED BCt.t.CER.'RFRAl''') TCE" B.EV..:I T~ nedNS/Tt:JN rCE B.EVA r.t:1'\d LI-EARL t · /!IE1IJEEN Sl"'O< B.EVATCW!J FWt::'IR'.'TDd!TNG /: IJETLA'ICJ ,' ' LID!.'L'll SllFIUD:\"i, l'llllllli\IH> V>LITll l'L:\Tl F lll\Tll llll1' l'AllK Fl"i:\l l.ll'SHiN •• •. ., / ,,. --y.----.--~;;------7 --l , ' ,/ ,,. #,' // .. · .,. . : I .' : ~L RFRAP trrrE NI , 1. I: I rg;;;:,,.::;/:::;,RED !.• 1 BlflDciiE. et.Rr RFRAP ~-• I 1'V~NATNE50il. ., '; 1· •• , fJ :f / . 4 ... ;w..,'> J:i ,:·· :' / / ' .,.; -"\if,. ' .. ,,. ~1$i i 1~( l-~t 5F-,.: ' ,',} !IOLR~ if /~~c'!~~ --~~--~ " l ------' ·~.' 0 ' ., ~-r-~~R~N' ~.3'i:~j ·,, i}·~ ~~· ~ • .._.· /_;! . ~ . ~y(·. ! ' ' ,. ' ' / .. ll l\'U\ Pl :\N . I .. : ··--,. AT UNION 1\VEKLll · r:ROT'EcT E)d!JT#ok; ~ •E77.A>D ~ "' ~ ,··~ ~:1.~·~,~:~.;.··~("',~ NOT FOR CONSTRUCTION ;m ...... , .... ,., ....... ,.",. '?:.:~ . .. l 'I •o ·~I .. Al . '" " H1A•. '"'ltl. •.1:. ••11 n · l:•I) 1u 1: t ) ;/ _,;.: \ KEI PLAN ~~ .. ,, ~~,.l) '""'· " ~ -7 I Kn• lO r~~ F &EET Sl!E ~HOT ~I 0 ITJ'Y.34") ~ GRAF"WIC .!!CALE 11.JSY BE U5'ED Ct'.:NTO.P INTflNJ\L • r ALL ~Rl"'JleAP TOl!!IEl!!!t.RED AAD l"f..ANTED. SEE OETAL 5. CUG c;...&T. ~fJ./CF~..:llo'f HNH.N TCP.!1(7(. CEPr.-115 11 : 18 "N fl.RF ~-T~L NOT~ON ~ACE~Ff/l4P. BtRr um.I N4 Tfll'E' C'N9ITE !JOL SEE LA c.uGS FCR R.~ AMT1-ETC.5 ,.,.A'V !JEE LA~ FCR /e/YER ~Ei::iE"'".AT.t::W "-"""' <;~.:. ffi11 il()i Know Vtt\al's below. Call before you dig . I '•!UI I 1 ~•L"1 >•1 •i., I 11 A ~<M II! • 1 .,u.,~·" •~"''"'"' C-19 E x H I B I T B City's Water Intake & Outfall ATTACHMENT 2 TO THE IGA GRANT OF TEMPORARY CONSTRUCTION EASEMENT OVER AND BESIDE THE CITY OF ENGLEWOOD'S PROPERTY AT THE WATER INTAKE AT UNION AVENUE AND THE DRAINAGE OUTFALL AT OXFORD. THIS EASEMENT AGREEMENT is made this __ day of , 20 ~ between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, acting through its Water and Sewer Board ("Grantor") (hereinafter referred to as "the City''); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, ("Grantee"). WHEREAS, Grantee desires to install a pedestrian and Bike Trail next to the City's Water Intake and Drainage Outfall pursuant to a License between the parties executed ,20_. -------- NOW THEREFORE, in consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows : 1. Temporary Construction Easement. Grantor hereby grants to Grantee, its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement across City property next to the City's Water Intake at Union A venue and the Drainage Outfall at Oxford A venue for the installation of a Bike Trail pursuant to the License Agreement (the "Project") in, to, through, over and across two parcels of land, as more particularly described and depicted on Exhibits A and B, as attached hereto and incorporated herein by this reference. 2. Term of Easement. The Project will begin no sooner than , 20_ and will be completed within 5 years of the authorization of this Agreement. Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor, and this Temporary Easement will be deemed to have terminated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to work on and next to the City's Water Intake for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: 1) Normal working hours shall be consistent with CDOT construction hours, Monday through Friday; and 2) the operation of the equipment and heavy trucks will be permitted only during normal working hours . 4. Restoration. Upon completion of the Project, Grantee will perform such restoration as is necessary or prudent to restore the surface of the City's property to its original condition as nearly as is reasonably practical. 5. Liability. Grantee hereby acknowledges that it understands that there is continuous water flow at the Water Intake and periodic flow at the Drainage Outfall, and Grantee will assume liability for any damage to adjoining property caused by water flow at the point where the work is to be performed. • • • • • • 6. Insurance. South Suburban Park and Recreation District is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "CGIA"), and shall maintain at all times during the term ofthis Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the CGIA. 7. Assignment. This Temporary Construction Easement is assignable only with the written permission of the City of Englewood, which permission will not be unreasonably withheld, conditioned, or delayed. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement on the date and day first written above. CITY OF ENGLEWOOD, COLORADO Tom Brennan, Director of Utilities ENGLEWOOD WATER AND SEWER BOARD By: ____________ _ , Chairman 2 The undersigned officer of Grantee has read the foregoing Temporary Construction Easement and agrees for on behalf of said Grantee that it will accept and will abide by all the terms and conditions thereof. Ostermiller, President 6631 South University Blvd. Centennial, Co. 80121-2913 303 798-5131 STATEOFCOLORADO ) ) SS. :TION DISTRICT COUNTYOFARAPAHOE ) . T):ie foregoing instrument was acknowledged before me thisd~y of ?!::t~ , 20~ by John Ostermiller, President of South Suburban Park and Recreation District. ~ K. SHEPHARD NOTARY PUBLIC ~c STATE OF COLORADO NOTARY ID 1$i.840104SI llY ,c:QmlllON EXPIRa APRL 15, 2018 l ' ' '· y Commission expires: , I ?: .R._ (j / g 3 • • • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 17, 2016 9ci Approval of a Professional Services Agreement with Integral Recoveries-Collection Agency Initiated By: Staff Source: Municipal Court Tamara Wolfe Court Administrator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Municipal Court supports Council in their goal of maintaining a safe community through the adjudication of City ordinances and adopted traffic laws. RECOMMENDED ACTION The Municipal Court would request that City Council approve by motion a Professional Services Agreement with Integral Recoveries-Collection Agency , as a means for the collection of fines and costs which have been ordered by the Municipal Court. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Integral Recoveries is an Englewood based agency that has been licensed since their inception in 1995. They have an A+ rating with the Better Business Bureau and adhere to the Fair Debt Collection Practices Act. The Colorado Legislature has passed multiple legal limitations on the procedures courts can take in enforcing court ordered fines and costs. Previous to 2016, legislation was enacted prohibiting the issuance of warrants for failing to pay fines and costs. The recently passed HB16-1311 removes the authorization for courts to order warrants for individuals who fail to appear at any hearing or review associated with the payment of fines and costs which have been ordered by the court . For individuals who elect to ignore the Court's order to either pay or appear, the Court has few options remaining to enforce its own orders. Therefore the Court is seeking the services of a collection agency in order to facilitate the collection and remittance of fines and costs handed down by the Court. As way of background, the Englewood Municipal Court has never engaged in the practice of incarcerating anyone who does not have the means or ability to pay fines or costs . The request to utilize a collection agency is focused on the individuals that choose to ignore court orders AND have an ability to pay. FINANCIAL IMPACT There is no financial impact to the City to contract services with Integral Recoveries . The agency's required 25% fee is added to the total amount of fines and costs that are owed to the court. The court will only pay Integral Recoveries if they are successful in recovering the amount outstanding. Depending on case type , Integral Recoveries ' historical recovery rates average over 54%. LIST OF ATTACHMENTS Professional Services Agreement HB16-1311 • • • • • • NOTE: The governor signed this measure on 6/10/2016 . HOUSE BILL 16-1311 BY REPRESENTATIVE(S) Salazar, Becker K., Danielson, Fields, Garnett, Kagan, Lee, Lontine, Melton, Moreno, Pabon, Pettersen, Primavera, Tyler, Williams, Winter, Hullinghorst; also SENATOR(S) Carroll and Marble, Aguilar, Guzman, Heath, Kefalas, Merrifield, Newell, Steadman. CONCERNING COURT ORDERS REQUIRING PAYMENT OF MONETARY AMOUNTS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 18-1.3-702 as follows: 18-1.3-702. Monetary payments -due process required. (1) (a) When the court imposes a sentence, ENTERS A JUDGMENT, OR ISSUES AN ORDER that indnde!I OBLIGATES the paytnent of DEFENDANT TO PA y a monetary amount, the court may direct as follows: (I) That the defendant pay the entire monetary amount at the time sentence is pronounced; (II) That the defendant pay the entire monetary amount at some later Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. date; (III) That the defendant pay as directed by the court or the court's designated official: the monetm)' mnonnt. (A) At a future date certain in its entirety; (B) By periodic payments, which may include payments at intervals, referred to in this section as a "payment plan"; or ( C) By other payment arrangement as determined by the court or the court's designated official; (IV) When the defendant is sentenced to a period of probation as well as payment of a monetary amount, that payment of the monetary amount be made a condition of probation. (b) A court's designated official shall report to the court on any failure to pay. ( c) As used in this section, "court's designated official" includes, but 1s not limited to, a "collections investigator" as defined in section 18-1.3-602 (1). (2) When the court imposes a sentence, that inelttdes payment of ENTERS A JUDGMENT, OR ISSUES AN ORDER THAT OBLIGATES A DEFENDANT TO PAY any monetary amount, the court shall instruct the defendant as follows: (a) If at any time the defendant is unable to pay the monetary amount due, the defendant must contact the court's designated official or appear before the court to explain why he or she is unable to pay the monetary amount; and (b) IF THE DEFENDANT LACKS THE PRESENT ABILITY TO PAY THE MONETARY AMOUNT DUE WITHOUT UNDUE HARDSHIP TO THE DEFENDANT OR THE DEFENDANT'S DEPENDENTS, THE COURT SHALL NOT JAIL THE DEFENDANT FOR FAILURE TO PAY; AND th} ( c) If the defendant has the ability to pay the monetary amount PAGE 2-HOUSE BILL 16-1311 • • • • • • as directed by the court or the court's designee but willfully fails to pay, the defendant may be imprisoned for failure to comply with the court's lawful order to pay pursuant to the terms of this section. (3) Incarceration for failure to pay is prohibited absent provision of the following procedural protections: (a) When a defendant is unable to pay a monetary amount due without undue hardship to himself or herself or his or her dependents , the court shall not imprison the defendant for his or her failure to pay; (b) Except in the case of a corporation, if the defendant failed to pay a monetary amount due AND THE RECORD INDICATES THAT THE DEFENDANT HASWILLFULLYFAILEDTOPAYTHATMONETARYAMOUNT , the court, when appropriate, may consider a motion to impose part or all of a suspended sentence, may consider a motion to revoke probation, or may institute proceedings for contempt of court. When instituting contempt of court proceedings, the court, including a municipal court, shall provide all procedural protections mandated in rule 107 of THE Colorado rules of civil procedure or rule 407 of THE Colorado rules of county court civil procedure . ( c) The court shall not find the defendant in contempt of court, nor impose a suspended sentence, nor revoke probation , nor order the defendant to jail for failure to pay unless the court has made findings on the record, after providing notice to the defendant and a hearing , that the defendant has the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order. If the defendant fails to appear at the hearing referenced in this paragraph ( c) after receiving notice, the court may issue a warrant for his or her arrest for failure to appear. In no event shall the eourt isstte a waitant fot failme to pay money. (d) THE COURT SHALL NOT ACCEPT ADEFENDANT'SGUILTYPLEAFOR CONTEMPT OF COURT FOR FAILURE TO PAY OR FAILURE TO COMPLY WITH THE COURT'S ORDER TO PAY A MONETARY AMOUNTUNLESS THE COURT HAS MADE FINDINGS ON THE RECORD THAT THE DEFENDANT HAS THE ABILITY TO COMPLY WITH THE COURT'S ORDER TO PAY A MONETARY AMOUNT DUE WITHOUT UNDUE HARDSHIP TO THE DEFENDANT OR THE DEFENDANT'S PAGE 3-HOUSE BILL 16-1311 DEPENDENTS AND THAT THE DEFENDANT HAS NOT MADE A GOOD-FAITH EFFORT TO COMPLY WITH THE ORDER; AND (e) THE COURT SHALL NOT ISSUE A WARRANT FOR FAILURE TO PAY MONEY,FAILURE TO APPEAR TOPAYMONEY, ORFAILURETOAPPEARAT ANY POST-SENTENCING COURT APPEARANCE WHEREIN THE DEFENDANT WAS REQUIRED TO APPEAR IF HE OR SHE FAILED TO PAY A MONETARY AMOUNT; HOWEVER, A COURT MAY ISSUE AN ARREST WARRANT OR INCARCERATE A DEFENDANTRELATEDTOHISORHERFAILURETOPAY AMONETARY AMOUNT ONLY THROUGH THE PROCEDURES DESCRIBED IN PARA GRAPHS (a) TO ( d) OF THIS SUBSECTION (3). (4) (a) FOR PURPOSES OF THIS SECTION, A DEFENDANT OR A DEFENDANT'S DEPENDENTS ARE CONSIDERED TO SUFFER UNDUE HARDSHIP IF HE, SHE, OR THEY WOULD BE DEPRIVED OF MONEY NEEDED FOR BASIC LIVING NECESSITIES, SUCH AS FOOD, SHELTER, CLOTHING, NECESSARY MEDICAL EXPENSES, OR CHILD SUPPORT. IN DETERMINING WHETHER A DEFENDANT IS ABLE TO COMPLY WITH AN ORDER TO PAY A MONETARY AMOUNT WITHOUT UNDUE HARDSHIP TO THE DEFENDANT OR THE DEFENDANT'S DEPENDENTS, THE COURT SHALL CONSIDER: (I) WHETHER THE DEFENDANT IS EXPERIENCING HOMELESSNESS; (II) THE DEFENDANT'S PRESENT EMPLOYMENT, INCOME, AND EXPENSES; (III) THE DEFENDANT'S OUTSTANDING DEBTS AND LIABILITIES, BOTH SECURED AND UNSECURED; (IV) WHETHER THE DEFENDANT HAS QUALIFIED FOR AND IS RECEIVING ANY FORM OF PUBLIC ASSISTANCE, INCLUDING FOOD STAMPS, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, MEDICAID, OR SUPPLEMENTAL SECURITY INCOME BENEFITS; (V) THE AVAILABILITY AND CONVERTIBILITY, WITHOUT UNDUE HARDSHIP TO THE DEFENDANT OR THE DEFENDANT'S DEPENDENTS, OF ANY REAL OR PERSONAL PROPERTY OWNED BY THE DEFENDANT; (VI) WHETHER THE DEFENDANT RESIDES IN PUBLIC HOUSING; PAGE 4-HOUSE BILL 16-1311 • • • • • • (VII) WHETHER THE DEFENDANT'S FAMILY INCOME IS LESS THAN TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE, ADJUSTED FOR FAMILY SIZE; AND (VIII) ANY OTHER CIRCUMSTANCES THAT WOULD IMPAIR THE DEFENDANT'S ABILITY TO PAY. f41 ( 5) If the court finds a defendant in contempt of court for willful failure to pay, the court may direct that the defendant be imprisoned until the monetary payment ordered by the court is made, but the court shall specify a maximum period of imprisonment subject to the following limits: (a) When the monetary amount was imposed for a felony, the period shall not exceed one year; (b) When the monetary amount was imposed for a misdemeanor, the period shall not exceed one-third of the maximum term of imprisonment authorized for the misdemeanor; ( c) When the monetary amount was imposed for a petty offense, a traffic violation, or a violation of a municipal ordinance, any of which is punishable by a possible jail sentence, the period shall not exceed fifteen days; ( d) There shall be no imprisonment in those cases when no imprisonment is provided for in the possible sentence; and ( e) When a sentence of imprisonment and a monetary amount was imposed, the aggregate of the period and the term of the sentence shall not exceed the maximum term of imprisonment authorized for the offense. f51 (6) This section applies to all courts of record in Colorado, including but not limited to municipal courts. t6J (7) Nothing in this section prevents the collection of a monetary amount in the same manner as a judgment in a civil action. SECTION 2. Applicability. This act applies to sentences entered and to hearings for failure to make monetary payments conducted on or after the effective date of this act. PAGE 5-HOUSE BILL 16-1311 SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Dickey Lee Hullinghorst SPEAKER OF THE HOUSE OF REPRESENTATIVES Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES John W. Hickenlooper Bill L. Cadman PRESIDENT OF THE SENATE Effie Ameen SECRETARY OF THE SENATE GOVERNOR OF THE STATE OF COLORADO PAGE 6-HOUSE BILL 16-1311 • • • • • • PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/16-33 Court Fines and Fees Collection Services (Fee= 25% of Recovered Monies not to exceed $75,000 in a 12 month period) This Professional Services Agreement (the "Agreement") is made as of this 1st day of September, 2016, (the "Effective Date") by and between Integral Recoveries-Collection Agency a Colorado corporation ("Consultant"), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado ("City"). City desires that Consultant , from time to time , provide certain consulting services, systems integration services , data conversion services, training services , and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows : 1. Definitions. The terms set forth below shall be defined as follows : (a) "Intellectual Property Rights" shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights , (4) patents, designs, algorithms and other industrial property rights , (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law , contract , license, or otherwise, and (6) all registrations, initial applications , renewals, extensions, continuations , divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) "Work Product " shall mean all patents , patent applications , inventions, designs , mask works, processes , methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation , formulas , knowledge of manufacturing processes, methods , prices, financial and accounting data , products and product specifications and all other Intellectual Property Rights created, developed or prepared , documented and/or delivered by Consultant , pursuant to the provision of the Services . 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services , systems integration 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org services, data conversion services, training services, and related services (the "Services") as further described in Schedule A (the "Statement of Work") for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict , Consultant shall secure written instructions from City's project director before proceeding with the performance of the Services affected by such omissions or discrepancies . 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable . 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org 2 • • • • • • furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant's operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely . 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided in this Section 8. (a) Convenience. City may , without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors ; (2) applies for , consents to, or acquiesces in the appointment of a receiver, trustee, custodian , or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in , a petition seek ing relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (''TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and , notwithstanding anything in this Agreement to the contrary , all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated . 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 {f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant's employees performing its obligations hereunder at City's premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall , at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant's staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant's staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant's work must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. {a) Obligations. Each party hereto may receive from the other party information which relates to the other party's business, research, development, trade secrets or business affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-101 et. seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party . A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which ( 1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 4 • • • • • • rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, comm1ss1ons, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11 . The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work .. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 employee of sufficient skill , knowledge, and training to perform the appl icable Services . Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies . (d) Compensation and Benefits . Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions , and benefits (such as, but not limited to, workers' compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant's failure to perform its compensation, benefit , or tax obligations. Consultant shall indemnify , defend and hold City harmless from and against all such taxes, contributions and .benefits and will comply with all associated governmental regulations , including the filing of all necessary reports and returns . 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify , defend and hold harmless City , its directors , officers , employees , and agents and the heirs , executors, successors , and permitted assigns of any of the foregoing (the "City lndemnitees") from and against all losses , claims, obligations , demands , assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries , damage to tangible property , and other damages , of any kind or nature, suffered or incurred by a City lndemnitee directly or indirectly arising from or related to : (1) any negligent or intentional act or omiss ion by Consultant or its representatives in the performance of Consultant's obligations under this Agreement, or (2) any material breach in a representation, warranty , covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify , defend , and hold City harmless from all lndemnifiable Losses ar ising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party ; provided , however , that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on : (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any mod ification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants ; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim , suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided , however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim fo r indemnification involving a third party and to be represented by its own attorneys , all at such party 's cost and expense ; provided further, however , that no settlement or compromise of an asserted th ird- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City , its officers , and its employees , are relying on , and do not waive or intend to waive by any provision of th is Agreement , the monetary limitations or any other rights , immunities , and protections 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 • • • • • • provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers' Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers' Compensation claims arising from performance of the work under this contract. Workers' Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers' Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and om1ss1ons arising out of Consultant's operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days' notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 of any Confidential Information of the other party . 17. Relationship of Parties . Consultant is acting only as an independent consultant and does not undertake , by this Agreement , any Statement of Work or otherwise , to perform any obligation of City , whether regulatory or contractual , or to assume any responsibility for City's business or operations . Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work . 18 . Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. 19. Applicable Law. Consultant shall comply with all applicable laws in perform ing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado . Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent , then such provision shall be enforced to the maximum extent permitted by law , and the parties hereto consent to and agree that such scope may be j udicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work , City , with Consultant's consent, may request Consultant to undertake additional work with respect to such Statement of Work . In such event , City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City . In the event of any permitted subcontracting , the agreement with such third party shall provide that, with respect to the subcontracted work , such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails , postage prepaid, certified mail , return receipt requested or (3) one ( 1) day after deposit with a nationally-recognized overnight courier , specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto . 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence , this Agreement shall be binding upon and inure to the benefit of the heirs , successors and assigns of the parties hereto . 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26 . Headings. The section headings in this Agreement are solely for convenience and 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 • • • • • • shall not be considered in its interpretation . The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference . If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change , alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant's customers without City's express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions . Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant's breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 • • • • • • IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original , but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ________________ Date: ____ _ (Department Director) By: ________________ Date: ____ _ (City manager) By: Date: (Mayor) ATTEST: City Clerk Integral Recoveries, Inc. B~\ gnature) Jeff Slack (Print Name) Title: a: cl c~ r &O..eo± [),ldlrm + Date: Di ,(fz-?{J/( R 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org PS/\!16-~7 CHE L!SA Im:. Re~/ Estate Di.r~'.!i on and Ad;.is-.!nli.!nl Servic\.~S $2tl.i.i(j{j II SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Integral Recoveries--Collection Agency 750 W. Hampden Ave . #501 Englewood, CO 80110 303-788-04 77 City of Englewood--Municipal Court 1000 Englewood Parkway Englewood, CO 80110 303-762-2580 PSA-Signed: 2. NAMES OF PROJECT COORDINATORS Jeff Slack Client Development Integral Recoveries Tamara Wolfe Court Administrator Englewood Municipal Court 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Englewood Municipal Court will transmit case information to Integral Recoveries for the purpose of collecting ordered but unresponsive and unpaid court fines and fees . 4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The Court will provide a list of cases and defendant information referred to Integral Recoveries for collection action. The Court will be responsible for maintaining a current list of referrals with daily and weekly updates as required . Integral Recoveries will be responsible for keeping their list of referrals current based on information provided by the Court. Minor programming may be required by both parties, at no actual cost, in order to transmit electronic files. 5. OTHER CONSUL TANT RESOURCES Integral Recoveries will utilize a variety of employees and techniques in order to accomplish the collection of unpaid fines and costs. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 • • • • • • Integral Recoveries will contact and encourage defendants with outstanding case debts to come in or call the Englewood Municipal Court to make payment in full of ordered and owed fines and costs. Integral Recoveries will not accept payments on behalf of the Court. Integral Recoveries will provide a monthly status report on active and closed cases for that month. All collection interactions will adhere to the Fair Debt Collection Practices Act and all Federal, State, and local laws . Copies of sample reports and invoices have been provided and will be acceptable. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT 9. The Court will assess an additional 25% fee, based on the outstanding amount owed by the defendant. Once collected, the Court will then transmit this 25% fee to Integral Recoveries via electronic deposit. Integral Recoveries will provide a monthly invoice to the Court, on or about the 15th of each month, for payment based on actual cases collected. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to Consultant that the Deliverables-Milestones have been satisfied. Integral Recoveries will provide a monthly invoice to the Court, on or about the 15th of each month, for payment based on actual cases collected. No payment will be made for cases worked but not collected. 10. SCHEDULE AND PERFORMANCE MILESTONES Integral Recoveries will begin the collections process once all documents have been signed and the Court has transmitted the first referral list. This process will be on-going until one or both parties request dissolution of the agreement. Target date for implementation is October 3, 2016. This date maybe altered at the agreement of both parties. 11. ACCEPTANCE AND TESTING PROCEDURES 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org 13 N/A 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in 750 W Hampden Ave., #501, Englewood, Colorado . IN WITNESS WHEREOF , pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 2016, the parties have executed this Statement of Work as of this day of , 2016 . CITY OF ENGLEWOOD, COLORADO By:------------ (Signature) Joe Jefferson (Print Name) Title : Mayor C l~en ± ~velf~ll ~ Date: g,. J {a '10 fL 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org PSN16~~7 CR£ llSA Im·. Rea l E~tate Din.~·ti•.m Jlld Ad ... iSl!ll~nl SC?:r\"iC\1S S:?.o.aoo 14 • • • COUNCIL COMMUNICATION -~~~-,-~~~~~~~~ Date Agenda Item Subject • • October 17, 2016 9cii Lighting Replacement 2016 Project -Award of Contract INITIATED BY Littleton/Englewood Wastewater Treatment Plant Supervisory Committee STAFF SOURCE Chong Woo, Engineering/Maintenance Manager Dennis Stowe, WWTP Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approval of the 2016 Littleton/Englewood Wastewater Treatment Plant Budget. RECOMMENDED ACTION The Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Supervisory Committee recommended at its meeting on September 15, 2016 that Council approve, by Motion, a construction contract for the Lighting Replacement 2016 Project located at the LIE WWTP . Staff is recommending an award of contract to the lowest reliable and responsive bidder, McBride Lighting Inc ., in the amount of $351,817 .37. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood Wastewater Treatment Plant is in its third year of multi-year projects to conduct lighting replacements for the facility. The goal is to replace aged fixtures with new and more efficient fixtures, while continuing to maintain safe and productive lighting for staff. LED light fixtures were selected as the new technology based on its long lamp life (100 ,000 hours), robust construction to handle industrial applications, less maintenance requirements, and more environmental friendliness (no disposal requirements). Previous lighting replacement projects were conducted in 2013 and 2015. These projects included six process areas (Headworks, Trickling Filter Service, Primary Pump Stations 1 and 2, North and South Digesters, and Tunnels) and resulted in approximately $38,000 in annual energy and maintenance savings . For the 2016 project, staff is proposing lighting replacements in eight process areas (Administration, Denitrification, Methanol, Centrate, Dewatering, Disinfection, Bisulfite, and 3W Pump Station). The project will include replacement of approximately 1,000 total fixtures and is projected to reduce energy expenditures and maintenance requirements by approximately $36,000 annually. The estimated payback period is 8 years. The 2016 project was advertised on the Rocky Mountain E-Purchasing System, with the Bid Opening conducted on August 25, 2016. Two Bids were received. Project Cost Estimated w/out Rebates Project Cost w/ Rebates McBride Lighting, Inc., Golden, CO $351,817.37 $299 ,556 .37 Colorado Lighting , Inc., Denver, $354 ,666.42 $299 ,987 .54 co McBride Lighting Inc. was the apparent low bid . Based on our review , McBride Lighting 's Bid is responsive and complete . FINANCIAL IMPACT The Lighting Replacement 2016 Project was included in the 2016 Budget. Below is the estimated project costs . Construction w/ Rebates $299 ,556.37 Estimated Rebates $ 52,261 .00 Estimated Annual Savings$ 36 ,000 .00 Simple Payback 8 .3 years Costs will be shared 50/50 by the C ities of Englewood and Littleton . LIST OF ATTACHMENTS Bid Tabulation Sheet Contract • • • •!f.·Errlewood • g COLORADO • • Norma Frank Scot Kelley Colorado Lighting 2171 E. 74th Avenue Denver, CO 80229 Dear Norma and Scot: Thank you for meeting with us to share your concerns on the bid circumstances for the Lighting Replacement project at our Wastewater plant. We understand the position you presented and value our partnership with Colorado Lighting. We have pulled our teams together and have reviewed the facts and timeline surrounding the bid to ensure that the complexities had been properly managed. • On the August 2, 2016 , bid opening, we received a bid from Colorado Lighting and from McBride Lighting . McBride Lighting, the lowest bidder, submitted substitution materials where 'non-substitution ' was specified . Colorado Lighting, was compliant with the specifications and bid requirements . • The bids were opened and read out loud at a public bid opening . The basis of the evaluation and rating of the bids was the detail submitted, thus the documents were posted to the City of Englewood's website as public documents since they were publicly presented at the bid opening. • The disparity of the bid submittals was over $60,000 and left the City of Englewood in a position that could be considered as non-competitive . Thus , the decision was made to cancel the existing bid , clarify/re-scope the documents and re-bid . • On August 25 , 2016 , the re-bid was opened and read out load at a public bid opening . Both Colorado Lighting and McBride Lighting met all bid requirements. McBride Lighting 's bid was the lowest by $2 ,849.05. Although a very close bid , we believe that based on all of the circumstances it was a fair process and will award the contract for the Lighting Replacement Project to McBride Lighting. We appreciate all the work that Colorado Lighting has done for us on past projects and look forward to working with you in the future . Sine~ K9 hleen Rinkel , CPA, CMA Director of Finance and Administrative Services iooo Englewood Parkway • Englewood, Colorado 80110 • 303-762-2300 • www.englewoodgov.org 11• II City of Englewood Bid Tabulation Sheet Bid Opening Date: August 25, 2016 2:00 P.M. MDT ITEM BID: ITB-16-012 Lighting Replacement 2016 Project -- Bid Bond Reciept of Vendor YIN Addendum 1 YIN McBride Lighting and Electrical Services 16026 W 5th Ave Golden, CO 80401 (303) 778-8787 Jared Blackney -Vice President y y Colorado Lighting, Inc. 2171 E 74th Ave. Denver, CO 80229 (303) 288-3152 Scot Kelley -Account Manager y y • • I Apparent Low Bidder . I SOQY/N Total Bid Exceptions/Comments y $ 351,817.37 11-'nce aoes not include project y $ 354,666.42 cost after estimated rebates. • • CONTRACT FOR CONSTRUCTION #CFC/16-36 ($351,817.37) THIS CONTRACT and agreement, made and entered into this 19th day of September, 2016, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and McBride Lighting, Inc., whose address is 16026 W. 5th Ave. Golden, CO 80401 ("Contractor''), commencing on the 19th day of September, 2016, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: Lighting Improvement 2016 Project WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of UE Wastewater Treatment Plant to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation, the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. • NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows: • A Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full: a . The ITB (Invitation to Bid) b. The Statement of Qualifications (SQQ Form) c. Plant-wide l;lectrical Equipment Preventative Maintenance Project Manual d. Spill Control Management and Clean-Up Document e . Safety and Health Agreement f. The Contract Drawings and Specifications B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of UE Wastewater 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www .englewoodgov .org 1 CFC/16 -36 Lighting Imp r ovement 2016 Pro jec t Treatment Plant and agrees to fully complete said work by December 31. 2016, plus such extension or extensions of time as may be granted by the Director of UE Wastewater Treatment Plants in accordance with the provisions of the Contract Documents and Specifications. • D. Indemnification : The city cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/Contract: provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and Employees. E. Accidental Spills and/or Releases of Chemicals. Process Wastewater or Other Unpermitted Substances to the Site : If a release of chemicals, process wastewater or other unpermitted substance is spilled, leaked, or otherwise released to the environment or Site, by CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible, CONTRACTOR will take immediate steps to secure or otherwise isolate such condition, immediately notify the Littleton/Englewood Wastewater Treatment Plant staff and contain and clean up any such substance or spill. CONTRACTOR is responsible for making all notifications and complying with all regulatory requirements related to such an incident. Any waste generated as a result of a spill, leak, or other release to the environment or Site by CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible shall become the property of CONTRACTOR and shall be disposed of in accordance with all applicable requirements. In addition to cleanup and disposal costs, CONTRACTOR is responsible for all costs associated with demobilization, remobilization, medical examinations, and all other costs, claims, losses, and damages, including but not limited to attorney fees and litigation costs as well as fines and penalties, incurred by Littleton/Englewood • Wastewater Treatment Plan as a result of any substance or material that is spilled, leaked, or otherwise released to the environment or Site by CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR is responsible. F. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material ( s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm agreed to perform under this award, less payments of compensation previously made . If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause shall apply. G. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination .. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov .org 2 CFC/16-36 Lighting Improvement 2016 Project • • • • Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. H. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being Three Hundred Fiftv-One Thousand Eight Hundred Seventeen Dollars and Thirtv-Seven Cents. I. ($ 351.817.37). A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. J. Appropriation of Funds: At present, $351.817.37 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination . K. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not complete on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $0.00 for each day that expires after the time specified for substantial completion until the Work is complete , and $0.00 for each day that expires after the time specified for final completion until the Work is finally complete. L. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. M. If this project is for a public works project or public project, as defined in Section 8-49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least eighty percent 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www .eng lewo o dgov .o rg 3 CFC/16-3 6 Ligh ting Impr oveme nt 2016 Project (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. N. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. 0. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one ( 1) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of UE Wastewater Treatment Plant whose decision upon the matter shall be final and obligatory upon the Contractor. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3 .3) and 8-17.5-101 (3.7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. • (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall: • (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien . (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of this paragraph or provisions required pursuant to C. R.S. 8-17 .5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 7 62 -2412 www .englewoodgov.org 4 CFC/16-36 Lighting Improvement 2016 Project • • • • IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: __________________ Date: ____ _ (Department Director) By: ________________ Date: ____ _ (City manager) By: _______________ Date: ____ _ (Mayor) ATTEST:_~~~~~~~~~~ (City Clerk) Address loelot. ~Co _ St.no i Date: -+q_·!z_. z+-/;.......,.i k-------~ I sTATE oF Col,rwdo > :I° ffi ) SS. COUNTY OF \J:f-ttftl".500 ) On this J.:r day of J~1dUH bu' , 2016, before me, persooally •PJlO"red ·~~c...ca.--l.!.~u...:~:::f.41- ---· known to me to be the ~SZ yu:c:Lr&-vvf of _,,·.....__e--+<""'V'"'""""l4-""""'-' ........................ ~------- corporation that executed the within and foregoing instrument, and acknowledg the sai instrument to be the free voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument IN WITNESS WHEREOF, I have hereunto set my hand and affi d my o,fficial seal the day and year first above written . ' / My commission expires : ! ( ·y} 201 I\ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 CFC/16-36 Lighting Improvement 2016 Project www .eng lewoodgov.org 5 PAMELA LAVIGNA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044000508 MY COMMISSION EXPIRES 11/30/2019 NOTARY SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL City of Englewood/LEWWTP and McBride Lighting, Inc. 16026 W. 5th Ave . Golden, CO 80401 jared@mcbridelighting.com 2 . NAMES OF PROJECT COORDINATORS LEWWTP: Gunter Ritter, P.E. McBride Lighting, Inc.: Jared Blackney 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The "Lighting Improvement 2016 Projecf' entails the improvement and upgrade of the existing lighting systems with new and more energy efficient equipment for the following buildings or process areas: Bisulfide, 3-Water-Pump Station, Chlorination, Dewatering, Methanol Pump Station, Centrate Pump Station, Denitrification, and Administration Building. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) NA 5. OTHER CONTRACTOR RESOURCES NA 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www.englewoodgov .o r g 6 CFC/16 -36 Lighting Improvement 2016 Project • • • • • • 6 . 7. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The Project includes all necessary demolition and removal of existing lighting equipment and material, design and construction of new lighting equipment including any installation devices, power supply, disconnects, sensors, controllers, installation of new equipment, repair of existing equipment, and testing and commissioning of new and repaired equipment. The Contractor must supply all design as needed for the new installations, replacements. Refer to Project Manual. SPECIAL TERMS, IF ANY NA 8. MODE OF PAYMENT Check 9 . PAYMENT SCHEDULE 10. City will pay Contractor for the work in accordance with the following payment schedule. All payments to Contractor are contingent on Contractor's satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City's written confirmation to Contractor that the Deliverables-Milestones have been satisfied . Monthly payments reflecting work progression. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Contractor. Start work ASAP after Notice to Proceed . Work completion in 2016. 11. ACCEPTANCE AND TESTING PROCEDURES Acceptance is by LEWWTP Engineering Department 12. LOCATION OF WORK FACILITIES LEWWTP 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www .eng lewoodgov .org 7 CFC/16-36 Lighting Improvement 2016 Pro ject IN WITNESS WHEREOF, pursuant and in accordance with the Contract for Construction between the parties hereto dated September 19, 2016, the parties have executed this Statement of Work as of this 19th day of September, 2016. • CITY OF ENGLEWOOD, COLORADO By: ___________ _ (Signature) (Print Name) Title:------------- Contractor! Name J _ . /~~.--By:(~/ . ---- // 'ifu:FEk~ k-i7 L/ -(Print Name) Title: \/. e Date: 9/z ?/(V; 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www .englewoodgov.org 8 CFC/1 6 -36 Ligh ting Improvement 2016 Project • • • • • PERFORMANCE. PAYMENT AND MAINTENANCE BOND Bond#: 65111 KNOW ALL MEN BY THESE PRESENTS That we McBride Llghtlna. Inc . hereinafter called the Principal, and American Southern Insurance Company hereinafter called the Surety, are jointly and severally held and firmly bound unto THE CITY OF ENGLEW09iD. CoyR~ of ARAPAHOE, State of COLORADO, hereinafter called the Owner , in the sum of Ji~~~':t~~~:!'3~.~:i~~·.nd037if~:ool!ars($ 351,817.3-r--), lawful money of the United States of America , to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors, and assigns, j ointly and severally, firmly bound by these presents. WHEREAS, the Principal has, by means of a written agreement dated 09/19/16 entered into a Contract with the Owner for the construction of Lighting Improvement 2016 ProJect #CFC/16-36 which Contract is by reference made a part hereof the same as though fully set forth herein; NOW, THEREFORE , the conditions of this obligation are as follows: FIRST , The Principal shall : (1) faithfully perform said Contract on Principal's part and satisfy all claims and demands Incurred for the same ; (2) fully indemnify and save harmless the Owner from all costs and damages which said Owner may incur in making good any default. SECOND, To the extent permissible by law, the Principal shall protect, defend, indemnify and save harmless the Owner, the Architect-Engineer, and their officers, agents, servants and employees, from and against suits, actions , claims, losses, liability or damage of any character, and from and against costs and expenses, Including In part attorney fees, incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person, or damage to property, including in part the loss of use, resulting therefrom, based upon or allegedly based upon any act, omission or occurrence of the Principal, or his employees, servants, agents, subcontractors or suppliers, or anyone else under the Principal's direction and control (regardless of whether or not cause in part by a party indemnified hereunder), and arising out of, occurring in connection with , resulting from, or caused by the performance or failure of performance of any work or services called for by the Contract, or from conditions created by the performance or non- performance of said work or services. THIRD. The Principal shall pay all persons, firms and corporations, all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment used or rented In the performance of Principal 's Contract. Contractor's Guarantee . The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one (1) year from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation, and shall keep the same in said work and repair without further compensation for a period of one (1) year from and after completion and acceptance thereof by the City . The determination of the necessity for the repair or replacement of said project, and associated Incidentals or any portion thereof, shall rest entirely with the Director of UE Wastewater Treatment Plant , whose decision upon the matter shall be final and obligatory upon the Contractor. · Every Surety on this bond shall be deemed and held, any Contract to the Contrary notwithstanding , to consent without notice: 1000 En glewood Parkway, Englewood, Co l orado 80110 Phone (303) 762-2412 www .englewo odgov.org 9 I . To any extension of time to the Contractor in which to perform the Contract. 2. To any change in the Plans, Drawings, Specifications, Contract or other Contract Documents, when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. Further, every Surety on this bond shall pay to this Owner all costs and attorney fees necessary to enforce the provisions on the bond provisions contained herein. Unless prohibited by law, an action on the payment and performance provisions of this bond may be brought by the Owner or any person entitled to the benefits of this bond at any time within five years from date of final settlement of the Contract, and under the maintenance provisions of this bond an action may be brought within five (5) years from the time the cause of action arises. Principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action. SIGNED ANO SEALED THIS 19th day of ______ s_.ap,_ta=m..-b"'"'e-...r ___ , 2016. IN PRESENCE OF: 1'n I y k\ ritu t'7'1 ary , '-...... /' --···---~. (CORPORA TE SEAL) co:e~~~--~- By: ~ Resident Agent (Print Name Below) Stefan E. Tauger McBride Lighting, Inc. (Accompany this bond with Attorney-in-fact' . th~. · .. ro,,~, ur to execute the bond , certified to include the date of the bond .) · · / . •. ·. \\, . . .\. " . ; .. , ~, ' . --·!, Approved for the City of Englewood: By: · . City Manager 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www_.englewoodgov.org 10 C E'C /1 €-36 Cighrin9 I r.i lHr•'.Jt:rr •. (Jnt :'.:O la Pr a j vL t • • • • • AMERICAN SOUTHERN INSURANCE COMPANY Home Office: 3715 Northslde Parkway, NW Suite 4-800 Atlanta, Georgia 30327 Mailing Address: P. 0. Box 723030 Atlanta, GA 31139-0030 GENERAL POWER OF ATTORNEY Know all men by these Presents, that the American Southern Insurance Company had made, constituted and appointed, and by these presents does make , constitute and appoint Stefan E. Tauger of Parker, Colorado; Scott E. Stoltzner of Hoover, Alabama; Arthur S. Johnson of Atlanta, Georgia; Andrew C. Heaner of Atlanta, Georgia ; Jeffery L. Booth of Blacklick, Ohio; James E. Feldner of West Lake, Oh io; Patricia E. Martin of Lutz, Florida; David R. Brett of Columbia, South Carolina; Melanie J. Stokes of Atlanta, Georgia; Jason S. Centrella of Jacksonville, Florida; Brian Clark of Matthews, North Carolina; Michael K. Thompson of Atlanta, Georgia; or Kelley E.M. Nys of Decatur, Georgia, EACH as its true and lawful attorney for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obllgees provided that no bond or undertaking or contract of suretyshlp executed under this authority shall exceed in amount of the sum of $1,000,000 (one million dollars), including but not limited to consents of surety for the release of retained percentages and/or final estimates on construction contracts or similar authority requested by the Department of Transportation, State of Florida; and the execution of such undertakings , bonds, recognizances and other surety obligations, in pursuance of the presents , shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons . This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the American Southern Insurance Company on the 26th day of May, 1998: RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby Is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the American Southern Insurance Company bonds , undertakings and all contracts of suretyshlp; and that any Secretary or any Assistant Secretary be , and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company . FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any bond undertaking or contract of suretyship to which it is attached . In Witness Whereof, the American Southern Insurance Company has caused its official seal to be hereto affixed, and these presents to be signed by its President and attested by its Secretary this 3111 day of February, 2016. Attest:~r:?~ Gall A. Lee, Secretary American Southern Insurance Company By : ~~ STATE OF GEORG~ Scott G. Thompson, President SS : COUNTY OF FULTON On this~ day of Februarv, 2016, before me personally came Scott G. Thompson to me known, who being by me duly sworn, did depose 11nci say that he resides in Atlanta, in the County of Fulton, State of Georgia, at 421 Hollydala Court ; that he Is the President of American Southern Insurance Company, the corporation described In end which executed Iha above Instrument; that he knows the seal of the said corporation; that the seal affixed to the said Instrument la such corporate seal ; that It was so affixed and that he signed his~~ Candace T. Chaatham STATE OF GEORGIA Notary Public, State of Georgia SS : QuallHed in DeKalb County COUNTY OF FULTON Commission Expires December 7, 2017 I, the undersigned, a Vice President of American Southern Insurance Company, a Kansas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains In full force and has not been revoked ; and , furthermore, that the Resolution of the Executive Committee of the Board of Directors set forth in the Power of Attorney Is now in force . Signed and sealed at the City of Atlanta, Daled the I q'tbday of , 2£Jl (I. • Power No._3_9_3_9_3 _______ _ City of Englewood. Colorado Sales and Use Tax and Arapahoe County Open Space Sales Tax The contractor, or any of his/her sub-contractors, shall be required to pay all sales and use (regular and/or • building) taxes levied by the City of Englewood and Arapahoe County on any materials built into, incorporated or used (such as formwork materials, etc.) on the project including rental of equipment. In addition any equipment purchased within the last three years and used on this project is subject to a 3.5% sales tax plus .25% Arapahoe County Open Space Sales Tax. Upon completion of the work, the Contractor will be required to furnish the City with an itemized statement of the tangible property upon which the tax is due. Building Use Tax is collected on a permit for materials that become part of the improvements to realty. Any other materials not included in a permit are subject to regular use tax. This includes, but is not limited to temporary fencing, tools and equipment purchased or rented for the project, and any other items that would normally be subject to regular use tax (consumed/used by the contractor). A contractor is liable to the City for regular as well as the building use taxes. If City tax has been paid on items subject to regular use tax in Englewood or elsewhere, please provide a receipt for taxes paid to receive credit. All materials subject to regular use tax will be collected when sales/use taxes are filed or when an audit is performed. The contractor shall report separately on Form FR39a the materials that become part of the improvements to realty versus other materials not included in a permit as stated above. The contractor and/or sub-contractor may be exempt from the tax (for example, State and RTD tax) when the material becomes part of the structure for a tax exempt entity. The contractor and/or sub-contractor must obtain an exemption certificate from the Department of Revenue to purchase the materials tax free. Each sub-contractor shall compile a complete list of paid invoices, based on materials purchased directly by the sub-contractor, including the following information: invoice number, invoice date, vendor's name, invoice amount, amount of tax due the City, type of materials (cement, rebar, structural steel, flooring, etc.). [Form FR39a] The contractor shall compile a complete list of paid invoices based on materials purchased directly by the • contractor, including the following information: invoice number, invoice, date, vendor's name, amount of invoice, amount of tax due the City, type of material (cement, rebar, structural steel , flooring, etc.). [Form FR39a] At completion of the work, each sub-contractor shall submit ,on forms supplied by the City of Englewood, to the contractor, a document similar to Form FR39a and the "Affidavit" (2 copies) duly acknowledged, based on the information compiled as indicated above. The contractor shall forward all said certificates to the City's Project Manager. (The City will supply said forms.) The contractor and all sub-contractors shall keep sufficient records to verify the amount of purchases subject to use taxes due to the City and the amount of purchases subject to Arapahoe County Open Space taxes due to Arapahoe County. This documentation shall be maintained for three years subsequent to the issue date of the Certificate of Occupancy. Prior to the City issuing the Certificate of Occupancy (CO), all applicable City of Englewood Regular Use and/or Building Use Taxes and Arapahoe County Open Space Tax on any tangible property built into, incorporated or used on the project must be paid. 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 7 62 -241 2 www .englewoodgov.org 11 CFC/16 -36 Lighting Improvement 2016 Project • • • • CITY OF ENGLEWOOD, COLORADO DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES AFFIDAVIT COUNTY OF _____________ ss. --------------------------------·being of lawful (Business Name of Contractor) age and first duly sworn, deposes and says: That under the terms of a contract dated , 20_: That was the prime or sub-contractor for the installation of equipment and/or construction of a _____________________ for the -----------------------------;that between the dates of (Entity Name) -------------' 20_ and , 20_ said contractor built into or installed tangible, personal property upon which use tax is subject; the entire purchase price is listed on attached form, and that evidence of payment for said tangible, personal property are available for inspection by the City of Englewood. That the tangible, personal property upon which the tax was paid was actually built into or installed in said (Type of Structure and Project Location Address) The entire purchase price of said tangible, personal property and the tax thereon is listed on the attached form hereto and make a part hereof. The contract is not yet completed D The contract was completed ________ ,, 20_. ------------____ _ Contractor's Signature Date Before me ____________________ , a Notary Public in and for ____________ County, Colorado, personally appeared------------ ---------------'' know to me personally to be the person whose signature appears hereon and who subscribed his signature hereunto in my presence this day of -----------•AD. 20 . My commission expires ______ , Date Notary Public (SEAL) 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412 www .englewoodgov .org 12 CFC/16 -36 Lighting Improvement 2016 Project FR39/Section3 1000 Englewood Parkwa y , Englewood, Colorado 80110 Phone (303) 762-2412 www .e n glewoodgov .org 13 CFC/16 -36 Lighting Improvement 2016 Project • • • • • • City .of Englewood , Colorado 1000 Englewood Parkway •. Englewood c;o 80110-2.373 Finance and Administratiw Services Department TAXABLE TANGIBLE PERSONAL PROPERTY (Please use this form or equivalent) Form FR39a INVOICE VENDOR'S NAME MATERIAL ONLY 3.5% ENGLEWOOD 3.5% ENGLEWOOD .25% ARAPAHOE TYPE OF MATERIAL (Please list each separately) SALES TAX USE TAX COUNTY SALES (cement, re-bar, Number Date Cost (If paid) TAX structural steel, flooring, etc) 14 BLANK PAGE • • • 15 i • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 17, 2016 11ai Approval of an Intergovernmental Agreement (IGA) with the Aurora-South Metro Small Business Development Center (SBDC) Initiated By: Staff Source: Community Development Department Brad Power , Community Development Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To initiate business retention , revitalization, growth strategies and leverage City resources . A goal of the Englewood 's economic development program is to foster job creation and educational training opportunities . Englewood's economic development program was discussed at the October 10, 2016 study session. RECOMMENDED ACTION Staff recommends that City Council approve a Bill for Ordinance with the Aurora-South Metro Small Business Development Center to provide training , business seminars , provide one-on- one consulting, and offer the Leading Edge program in Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In furtherance of enhancing economic vitality and supporting entrepreneurs , the City of Englewood is sponsoring the Aurora-South Metro Small Business Development Corporation (SBDC) to perform a variety of activities that will enhance training opportunities for entrepreneurs and small business owners . The programs and services offered by the SBDC are interconnected with Englewood's enhanced economic development initiatives . Grant recipients for the City's business initiation grant and business acceleration grant must participate in the SBDC 's business planning workshops or training to be eligible for funding assistance. FINANCIAL IMPACT As sponsor of the SBDC , the City of Englewood will provide an annual contribution of $20 ,000 to support the program and provide training, business seminars , one-on-one consulting , and offer the Leading Edge program in Englewood. This annual contribution will be paid in 2017 , 2018, and 2019 subject to the annual budget approval by City Council. The City will host these events in municipal facilities at no cost to the Aurora-South Metro Small Business Development Corporation, which is a non-cash contribution. LIST OF ATTACHMENTS • Proposed Bill for Ordinance • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON-ONE CONSULTING, AND OFFER THE LEADING EDGE PROGRAM IN THE CITY OF ENGLEWOOD . WHEREAS, in the furtherance of enhancing economic vitality and supporting entrepreneurs , the City of Englewood desires to contract with Aurora-South Small Business Development Center (SBDC) to perform a variety of activities that will enhance training opportunities for entrepreneurs and small business owners; and WHEREAS, the programs and services offered by the SBDC are interconnected with Englewood's economic development initiatives and integral to Englewood's economic development program; and WHEREAS, the SBDC will provide training, business seminars, one-on-one consulting, and offer the Leading Edge Program in Englewood; and WHEREAS, grant recipients for the City's business initiation grant and business acceleration grant must participate in the SBDC's business planning workshops or training to be eligible for funding assistance; and WHEREAS, the City will host these events in municipal facilities at no cost to the Aurora-South Small business Development Center (SBDC), which is a non-cash contribution; and WHEREAS, as sponsor of the SBDC, the City of Englewood will provide an annual contribution of $20,000 to support the program and provide training, business seminars, one-on-one consulting, and off er the Leading Edge Program in Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement (IGA) between the Aurora-South Metro Small Business Development Center (SBDC) and the City of Englewood, as attached hereto as Exhibit A. 1 Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental • Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 17th day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of October, 2016. Published as a Bill for an Ordinance on the City 's official website beginning on the 19th day of October, 2016 for thirty (30) days . Joe Jefferson, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of October, 2016. Loucrishia A. Ellis 2 • • •• ••• • INTER.GOVERNMENT AL AGREEMENT THIS AGREEMENT is mad¢ this .· day of . . ·. ·. . , 2,016, by imd between the ;\mora-South Metro Small Biisines$ Development Center (SBDC) and the City of Englewood, Colorado, .ll municipal corPoi'atiori. · WHEREAS, tµ ruftherance of enhancing eccmomic vitality and s~pporting ... entrepreneurs,. the City of Englewood, Colorado desires to contract with Aurora-South Small Business Dev~lopment Center to pel-forni small business consi,dtations, technical assistance, training, and workshops at Englewood CivicCenter; and · · · .. ·WHEREAS, the servi~ provided by the Aurora-South Small Business Development Center are integral to Englewood's ecoriomic. development prognun; and . · WHERE.AS, participants in the grant initiatives ~ffered by the City of Englewood are required to participate in the workshops, training, or consulting as offered by the Aurora- S01.~th Small Business Development Center, and. · WHEREAS, the parties desire to enter into an agreement by describing the relationship between the Aurora-South Metro Small Busin~s Development Center and the CitY of . Englewood regarding services that the Aurora-South Metro Small Business Development Center will perform .for the City. and .. ·. · NOW, THEREFORE, in consideration ofthe covenants and pm~ses contain~ herein, the sufficiency of which is acknowledged by the parties, the parties agree as follows: . . . . ·. ~ . . 1. Aurora-South Metro Small Business Development Center will provide Four . business seminars (based on demand), one per quarter for the year 2017; and Six business. seminars (based on demand), one every other month for the years 2018 and 2019. · . . . . .· =. . . . . • •. . . . 2. Aurora-South Metro Small Business Development Center will provide Four hours of One-on-One Coosultingff echnical Assistance (based on demand) per month for the year 2017; and Four hours of One-on-One Consultingffechnical Assistance (based on demand); one day a week for the years 2018 and 2019. · · 3. Aurora-South Metro S~atl Business Development Center willproVide Leading Edge Strategic Planning Series every other year. . . 4. Aurora-South Metro Small Business Development Center will provide E~ecuti ve Director Leadership; a Director will attend meetings, ~it on committee/boards for economic development, and attend eventS and strategy meetings on an as needed ~~~ . . .. . 1 E x H I B I T A s. 6. . 7. . 8. -, .. : .. , __ . . . : . .':. ·., .. · .. · Aurota-South Metro Small Susiness Development Cent~f willpro\lide Marketing and l'rolllotion, Press Arinounce¢entS for 11eW. sppn~orship~ Website presenc~ on .. both the; Oity 9f Engle~ood arid A~ora-~C>uth Metro SmaUBWl~ness W¢~$it~ . . · ... (links to each other's website), a monthly e"'."newsletter presence \\itlt one Featured Story ~tially, a ~ocial M:ecli~ Pr~seriGe (stories and e\'eQts it}.fonfiatiori), a Flyer al)cl Brochure presence,· Seaf 1:m the S~DC .. South Metro Advis()fy CoU!lcil, ·· c09rdUia~on \Vi~ the El)glewocid Chan.iber ()f Coniitietce ~ liltegration .iq • . m,arke~ng ef{c)rt$, ~d ~ef itygf Engtew<X?d tliarketing 4tcti~s ....•.... · .. : .· · .. · .. The City (>r Engte\\roc}ci will have a ·s-itLeve{spoµs~r~bip, which is . . . appropriate for c6rpor~te, goyet1UD~ntll1 {city ~d county Jev~l), edµcatioµal and financial institutions at a cost of$~0,000 arim1ally. . . . . . ..•• ·. ,:· .. ·· Th~ City of Englewood agr~esto a tbfee(3) Year co~ltJhenffor t1le years 2011~· . 2018 and 20J9 to sp0nsofthe services ptoyided to tqe CitYfrom tile A\ll"ora-South . . · Met,ro SBDC. A flu:ee (3) year c9nuniµnenfis required as ·sBA budgets ~d . capacity building plan$ C()Yet thi~ tirile ~e.... . . . . . . "1 •• : .. ·The parties tinderstand ancl acknowledge . that each party is subject tQ Aft1cte X,. §. ·20 pfthe Colorad9 Constitution(~'Tabor';). •The parties d9 .not intend 'to \liplate the · · tefl1ls and requir~ents ofTABOll by the e(tecUtion ofthis Agreement. It is · understood and agreed that this Agreement does not create a illulti-.'fiscal year · ·direct or indirec~ debt or obJigatiQn Within the tllearong Qf T A]30R and, · · · .· notwithstanding anything in' thi~ Agreement to the contrary, aU paym'erit ... obligatfons. of the City are expressly depe11deQ.t ~d conditiol)ed upon the . cOlltinuing availab~litYoffund$ beyond the ~eWi of the Citis current fiscal period . ending upon the next succeedi!}g pe¢ernber 31. Financial obligations of tile City . payable after the current fiscal year~~ contingent upon funds for that piUpose ··.· . being appropriated, ~udgeted, and otherwise made available in accotdf10c~ \Vith the rotes~ regulations, and re$olutions of the City and applicabl~ law. Upo~ the failure · ••to appropriate such funds, this Agreeme[lt shall be .deemed terminated . . The City ofEngte\Vood agrees toreniit their sponsorship funding in the aniC>unt .. and time frame listed below: . . . . . . . . . ·. . . . Due Date; $10,000 on January 15th anmially .·· .· · ...•. ·· $10,000 OJ:l Augtist 2o•h annually. . ·. •.· •.. ·. .. · . Total AI1Dual sponsor5hip Level: $20,00Q ·· ·Three-year sponsorship period: 20l 7, 2ots and 2ot9. : ~ '. · 8. . . Terminati~n. This Agreement may b.e terminated by either PartY with a 3Q-day · written notice; in which case the Aurora-South Metro Small Business . . Development Center will provide to the qty a firiiil billing for ~ime .and materials .. · or other related expenses within 30 days of the termination date of this Agreelllent. . . . :-. .. . ·. .. . . . . . . ' .. 2 •• . :. ·.,· . ·:· .· •• •• • • IN WITNESS WHEREOF; the Aurora-South Metro Small Bµsiness Development Center and the City . orE11glewood, Colorado have executed this Agreenieot as of the day, month and year first above written ... AITEST: · Loucrishia A. Ellis, City Clerk · .. CITY OF ENGLEWb6p ·.By: __ . _ _;._ _________ _ · Joe Jefferson, Mayor AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER 3 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 17 , 2016 11aii Intergovernmental Agreemen t (IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds Initiated By: Staff Source: Commun ity Development John Voboril , Planner II PREVIOUS COUNCIL ACTION Community Development presented to City Council a number of potent ial Safe Routes to School grant projects at the December 7, 2015 C ity Council study session . City Council was favorable to staff returning to Council at the January 4, 2016 regular meeting with final recommended applications . City Council approved a motion directing Community Development to apply for the Broadway/Mansfield and Broadway/Tufts Enhanced Safety Crossing projects . Community Development was successful in obtaining funding for the Broadway/Mansfield project. RECOMMENDED ACTION Community Development staff recommends Council approval of an IGA with COOT to accept Safe Routes to School grant funds for the Broadway/Mansfield Enhanced Safety Crossing project by ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Safe Routes to School is a nationwide federal program that is administered by state transportation departments. Governor John Hickenlooper directed $2 million to the Safe Routes to School infrastructure program as part of a larger statewide Colorado Pedals initiative for 2016-17. After reviewing the COOT Safe Routes to School grant criteria , and holding d iscussions w ith COOT officials , Commun ity Development staff concluded that the most compelling and most needed project would be the Broadway/Mansfield Enhanced Safety Crossing. The Englewood Middle School had recently moved to the redeveloped Englewood Campus located at Mansfield Avenue and Logan Street. In addition to the Broadway/Mansfield project, Community Development staff also applied for an additional crossing located at Broadway and Tufts Avenue , which would also serve Cherrelyn and Clayton Elementary Schools . This project did not receive funding . The Broadway/Mansfield project was the last of seven projects funded in Colorado , and so was not awarded the full amount requested by Community Development based on the normal 80% state , 20% local split. The project split will be 53.4% state , 46 .6% local. The Broadway/Mansfield Enhanced Safety Cross ing proj ect w ill feature bulbed-out corners that will effect ively shorten the crossing distance for pedestrians. The pedestrian crossings will be enhanced by high visibility crosswalk markings . Flash ing warning signage will be installed to warn Broadway drivers approaching the crossing. Bicycle lane markings will be provided for bicyclists approaching the Broadway intersection on Mansfield Avenue . Obsolescent traffic signals will also be replaced in conjunction with this project. FINANCIAL IMPACT 2 The Broadway/Mansfield Enhanced Safety Crossing will be funded through the Road and Bridge fund . The City will receive $139,000 from COOT and will fund the total estimated project cost difference of $121,358. The city will contribute an additional estimated $63,550 for the traffic signal replacement. LIST OF ATTACHMENTS Broadway/Mansfield Enhanced Safety Crossing Concept Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds Bill for an Ordinance • • • • • • ORDINANCE NO . SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE ACCEPTANCE OF COLORADO DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL GRANT AWARDED TO THE CITY OF ENGLEWOOD FOR THE BROADWAY/MANSFIELD ENHANCED SAFETY CROSSING PROJECT. WHEREAS, the Safe Routes to School is a nationwide federal program that is administered by state transportation departments; and WHEREAS, the Englewood City Council authorized the application for the Broadway/Mansfield enhanced safety crossing project for the CDOT 2016 Safe Routes to School 2016 Grant by Motion at the January 4, 2016 City Council Meeting; and WHEREAS, CDOT has awarded the City of Englewood funding for the Broadway/Mansfield Enhanced Safety Crossing project; and WHEREAS, the Englewood Middle School had recently moved to the redeveloped Englewood Campus located at Mansfield and Logan Broadway/Mansfield Enhanced Safety Crossing project will feature: • Bulbed-out comers that will effectively shorten the crossing distance for pedestrians. • Pedestrian crossings will be enhanced by high visibility crosswalk markings. • Flashing warning signage will be installed to warn Broadway drivers approaching the crossing • Bicycle lane markings will be provided for bicyclists approaching the Broadway intersection on Mansfield • Obsolescent traffic signals will also be replaced; and WHEREAS , the passage of this Ordinance will authorize the City of Englewood to accept funding from the Colorado Department of Transportation (CDOT) for the Broadway/Mansfield Enhanced Safety Crossing Project; and WHEREAS, the total amount of the CDOT Grant is $139,000 and the City will fund the total estimated project cost difference of $121,358; the City will contribute an additional estimated $63,550 for the traffic signal replacement; and WHEREAS, no federal funds are being used for this project. 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 Colorado Department of Transportation Safe Routes to School Grant awarded to the City of Englewood for funding the Broadway/Mansfield Project. Section 2. The Mayor is hereby authorized accept Colorado Department of Transportation Safe Routes to School Grant awarded to the City of Englewood for and on behalf of the City of Englewood, Colorado, attached hereto as Exhibit A. Introduced, read in full, and passed on first reading on the 17th day of October, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of October, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of October, 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 17th day of October, 2016. Loucrishia A. Ellis • • • • • • State $LA WRK PROJECT:SAR M395-016 (21531) Broadway/Mansfield SRTS CONTRACT PO#: 471000986 Routing#: 17-HAl-ZH-00057 REGION: 1 (JH) THIS CONTRACT made this_ day of 20 _, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and CITY OF ENGLEWOOD hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 1. Authority exists in the Jaw and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400 , Functions: 3020 and 3301, GL Acct: 4511000010, WBS Elements: 21531.10.30 and 21531.20.10, Contract Encumbrance Amount: $139,000.00 .) 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S . as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. Local Agency anticipates a project for the installation of bulb outs, bike lanes and upgrade traffic signals at the Broadway and Mansfield intersection as part of the SRTS program and by the date of execution of this contract, the local agency and/or the State has completed and submitted a preliminary version of CDOT fonn #463 describing the general nature of the Work. The Local Agency understands that before the Work begins, the Local Agency must receive an official written "Notice to Proceed" prior to commencing any part of the Work. The Local Agency further understands , before the Work begins, the form #463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perfonn the Work described in fonn #463, as it may be revised . 5. The Local Agency has requested that State funds be made available for project SAR M395-016 (21531) Broadway/Mansfield SRTS referred to as the "Project" or the "Work." Such Work will be perfonned in the City of Englewood, Colorado, specifically described in Exhibit A. 6 . The State has funds available and desires to provide 100% of the funding for the work. 7. The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the project through this contract, in order to obtain state funds for the project. 8 . The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 9. This contract is executed under the authority of§§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4) (c) and 43-2-144, C.R.S. and Exhibit B . 10 . The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 11. The Local Agency can more advantageously perfonn the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of the installation of bulb outs, bike lanes and upgrade traffic signals at the Broadway and Mansfield intersection as part of the SRTS program, in the City of Englewood, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 27 of this contract 2. This contract Page 1of11 E x H I B I T A 3. Exhibit A (Scope of Work) 4. Other Exhibits in descending order of their attachment. Section 3. Term PO#: 471000986 Routing#: l 7-HAl-ZH-00057 This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHW A and the Local Agency. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as ExhibitB. B. The Local Agency has estimated the total cost of the work to be $139,000.00, which is to be funded as follows: State funds (Design): $32,960.00 State funds (Construction): $106,040.00 C. The maximum amount payable to the Local Agency under this contract shall be $139,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. Note: Construction funds of$106,040.00 will not be budgeted until State FY 2017. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for incurred costs relative to the project following the State's review and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of Performance of the Work, not exceeding the maximum total amount described in Section 4. The applicable principles described in 49 C.F .R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1. In accordance with the provisions of Section 4 and with the terms and conditions of this contract; 2. Necessary for the accomplishment of the Work; 3. Reasonable in the amount for the goods and services provided; 4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5. Incurred for Work performed after the effective date of this contract; 6. Satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. Page2ofll • • • • • • PO#: 471000986 Routing#: 17-HAl-ZH-00057 D . If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made . E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency's invoices shall include a description of the amounts of services perfonned, the dates of perfonnance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing fonnat to be supplied by the State. F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State . 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F .R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State's election. Section 6. State and Local Agency Commitments The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the The Scope of Work in Exhibit A. A. Design [if applicable] I . If the Work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d . include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete.\ h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: Page 3 of! I PO#: 471000986 Routing#: 17-HA 1-ZH-00057 a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document "ADA Accessibility Requirements in CDOT Transportation Projects". b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHW A requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit F attached hereto. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHW A. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. ( 4) it (or its consultant) shall use the CDOT procedures described in Exhibit F to administer that design consultant subcontract, to comply with 23CFR172.5(b). (5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency's attorney/authorized representative certifying compliance with Exhibit F and 23 CFR l 72.5(b ). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR l 8 .36(i) and contains the following language verbatim: (a) "The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." (b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." (c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work." (d) The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State and FHW A requirements . B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the The Scope of Work in Exhibit A. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHW A/CDOT Stewardship Agreement, as described in the The Scope of Work in Exhibit A. 2 . The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in Page4ofll • • • • • • PO#: 471000986 Routing#: 17-HAl-ZH-00057 accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (1) The Local Agency has the option to accept or rejectthe proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, ifrequired to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. ( 1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and FHW A in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs oflabor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction§ 109.04. ( 4) All force account work shall have prior approval of the State and/or FHW A and shall not be initiated until the State has issued a written notice to proceed. C. State's obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/ Assurance activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form. 2 . Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the The Scope of Work in Exhibit A, within the Wark of this contract. Section 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the Responsible Party will certify in writing to the State that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows: Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation ofright of way -3114 charges); Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is located at http://www.dot.state .co .us/ROW _Manual/. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to COOT after the local agency obtains title. Page 5of11 Section 8. Utilities PO#: 471000986 Routing#: 17-HAl-ZH-00057 If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 9. Railroads . In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation . B. Obtaining the railroad's detailed estimate of the cost of the Work. C. Establishing future maintenance responsibilities for the proposed installation. D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation . Section 10. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State and FHW A. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Local Agency's obligations to maintain such improvements. The State and FHW A will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The Local Agency shall maintain a complete file of all records , documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending . The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHW A to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Page 6of11 • • • • • PO#: 471000986 Routing#: 17-HAl-ZH-00057 Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding . The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms . The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice 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 . Ifto State CDOT Region: 1 Joy French Project Manager 2000 S Holly St Denver, CO 80222 303-757-9528 Section 16. Successors If to the Local Agency City of Englewood John Voboril Project Manager 1000 Englewood Parkway Englewood, CO 80110 303-783-6820 Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency . Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall 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,§ 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30 -1501, et seq., C.R.S ., as now or hereafter amended. • Section 19. Severability Page7ofll PO#: 471000986 Routing#: 17-HAl-ZH-00057 To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this contract 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. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 24. Disadvantaged Business Enterprise (DBE) The Local Agency will comply with all requirements of Exhibit C regarding DBE requirements for the Work, except that ifthe Local Agency pesires to use its own DBE program to implement and administer the DBE provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's requirements to the State for review and approval before the execution of this contract. If the Local Agency uses its program for this contract, the Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local Agency's DBE program does not waive or modify the sole responsibility of the Local Agency for its use as described above. Section 25. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date ofreceipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the ChiefEngineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 26. Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §Statewide Contract Management System applies. Contractor 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 Page 8of11 • • • • • • PO#: 471000986 Routing#: 17-HAl -ZH-00057 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system . Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract 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 Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor 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. hould the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportaion , and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by : (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106 , 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. Section 27. Special Provisions. The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). F inancial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available . 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract 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. 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor ·· and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor 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 Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor 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. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules , and regulations in effect or hereafter established, including, without limitation, Jaws applicable to discrimination and unfair employment practices . 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the· interpretation , execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said Jaws, 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 Jaw, 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 contract, to the extent capable of execution. 7. 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 contact or incorporated herein by reference shall be null and void . 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 . State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in Page 9 of! I PO#: 471000986 Routing#: 17-HAl-ZH-00057 violation of federal copyright laws or applicable licensing restrictions . Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. 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 contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. JO. 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 detennination or judicial action. lJ. PUBLIC CONTRACTS 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] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract. through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17. 5-102 (5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use £-Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor 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 Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17. 5-1 OJ et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, ifa 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 United States pursuant to federal law, (b) shall comply with the provisions ofCRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76 .5-103 prior to the effective date of this contract. Revised 1-1-09 Page 10of11 • • • PO#: 471000986 Routing#: 17-HAl -ZH-00057 • Section 28. SIGNATURE PAGE • • THE PARTIES HERETO HA VE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Ae:encv's behalf and acknowlede:e that the State is relvine: on their representations to that effect. THE LOCAL AGENCY STATE OF COLORADO CITY OF ENGLEWOOD John W. Hickenlooper Department of Transportation By: Joe Jeff er son Title: Mayor By Joshua Laipply, P.E., ChiefEngineer (For) Shailen P. Bhatt, Executive Director *Signature Date: Date: 2nd Local Agency Signature if needed STATE OF COLORADO LEGAL REVIEW Name : Cynthia H. Coffman, Attorney General (print name) By Title: Signature -Assistant Attorney General (print title) Date: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD Colorado Department of Transportation Date: _______________ _ Page II of!! SCOPE OF WORK This is a Safe Routes to Schools (SRTS) Project with Englewood, Colorado. The Broadway/Mansfield intersection will be upgraded with bulb outs, ADA compliant curb ramps, and traffic signals. Ten foot wide high visibility crosswalk markings and flashing warning signage will be installed as well. Bicycle lane markings will be installed on Mansfield through the Broadway intersection. The education component will be paid for with 100% local funds for $3,375.00. Exhibit A -Page 1 of 1 • • • • Local Agency Resolution or Ordinance • • ExhibitB • • • COUNCIL COMMUNICATION Date: Agenda Item Subject: October 17 , 2016 11 aiii Intergovernmental Agreement between the City and Arapahoe County INITIATED BY: STAFF SOURCE: Community Development Department Harold J. Stitt , Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No . 19, Series of 2015 authorizing the City's participation in the Urban County Entitlement Program for CDBG and HOME funds for fiscal years 2016 through 2018 . Council passed Resolution No . 96 , Series of 2015 authorizing the Community Development Department to submit an application for 2016 CDBG funding . RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Subgrantee Agreement for the 2016 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those activities that benefit low and moderate-income families . Funds are allocated by statutory formula to each entitlement area . Arapahoe County is an approved entitlement area . The grant funds are distributed by Arapahoe County to each participating city within the county. For FY2016, funds were approved to support the following project: $114 ,750 for the Energy Efficient Englewood (E 3) project to provide matching grants to twelve low to moderate income homeowners for energy efficiency interior and exterior home improvements . FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. The City will utilize a portion of the CDBG funding from the project (est. $4 ,000) to partially offset the costs of those salaries and benefits. LIST OF ATTACHMENTS Bill for an Ordinance Subgrantee Agreement • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER ------ ABILLFOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 19, Series of 2015, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 2016 through 2018; and WHEREAS, the Englewood City Council passed Resolution 96, Series of2015, that authorized Housing and Community Development to submit an application for 2016 CDBG funding; and WHEREAS, the Energy Efficient Englewood Project has been categorized as a housing rehabilitation activity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreement for Arapahoe County Community Development Block Grant Funds-Subgrantee: City of Englewood, Project Name: Energy Efficient Englewood (E3) Project Number: ENHS 1603, attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Section 2. Community Development Block Grant (CDBG) funds are Federal Housing and Urban Development funds which are administered through Arapahoe County, Colorado . Section 3. The Mayor is hereby authorized to sign said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 17th day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of October, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of October, 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 17th day of October, 2016. Loucrishia A. Ellis • • • • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: City of Englewood PROJECT NAME: Energy Efficient Englewood (E3) PROJECT NUMBER: ENHS1603 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as Energy Efficient Englewood (E3) (Project) will be carried out in accordance with the Scope of Services, attached to, and incorporated herein as Exhibit A. The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The grant funds are to be used only to provide services to Arapahoe County residents, excluding residents of the city of Aurora, per County CDBG guidelines. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $114,750. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Exhibit A Scope of Services. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any part thereof, are, or become, unavailable, then the County may_. immediately terminate or, amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. 1 A T T A c H M E N T l Upon expiration of this Agreement, as identified by the Agreement Date and Project • Deadline (Deadline) in Exhibit A, the SubGrantee shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. These transferred funds shall revert to the County and be utilized for other purposes. B. Timeline All Project activities shall be completed and draw requests submitted by the Deadline unless the Subgrantee notifies the County in writing thirty (30) days prior to the Deadline that the funds cannot be disbursed. An extension may be granted, in writing, in which all draw requests be submitted and Project activities shall be completed by thirty (30) days following the Deadline. In the event that the completion deadline falls on a weekend or holiday, the Deadline will be considered the work day prior to the scheduled completion date. If the project requires additional time past the extended Deadline, the Agreement must be modified by mutual agreement of the County and the SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project as identified in Exhibit A Scope of Services. 1. Quantifiable Goals 2. Community Impact 3. Monthly Performance Standards D. Reporting Requirements 1. Project reports will be due within twenty (20) days following the end of each reporting period as specified in Exhibit A Scope of Services until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. The last completed official annual audit report and/or Financial Statements shall be due on May 31, and for four (4) years thereafter on May 31. 3. Non-profit organizations that expend $750,000 or more annually in federal funds shall comply with the Single Audit Act of 1984, as amended, as implemented in OMB Uniform Guidance §200.501, and other applicable federal regulations. 2 • • • • • III. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 as applicable per 24 CFR 570.502; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Non-discrimination in employment, established by Executive Order 11246; 11. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 12. Section 3 of the Housing and Urban Development Act of 1968; The purpose of section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low-and very low income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low-and very low-income persons. 13. Federal procurement rules when purchasing services, supplies, materials, or equipment. The applicable federal regulations are contained in: 24 CFR Part 85 or through 24 CFR Part 84, as applicable; 14. Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608; 15. Audit Requirements established in OMB Uniform Guidance §200.501; and 16. Cost principles established in OMB Uniform Guidance §200.430 and §200.431 as applicable per 24 CFR 570.502; 17. Conflict of Interest: a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by the County and by the SubGrantee, the conflict of interest 3 c) d) provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively shall apply. (2) In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of 24 CFR 570.611 (2) shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the County or by its SubGrantees to individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to 24 CFR 570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to 24 CFR 570.203, 570.204, 570.455, or 570.703 (i)). b) Conflicts prohibited. The general rule is that persons described in paragraph ( c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may not obtain a financial interest or benefit from a CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or any designated public agencies, or of the SubGrantee that are receiving funds under this part. Exceptions. Upon the written request of the County, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it has satisfactorily met the threshold requirements of ( d)( 1) of this section, taking into account the cumulative effects of paragraph (d)(2) of this section . ( 1) Threshold requirements. HUD will consider an exception only after the County has provided the following documentation: 1. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 11. An opinion of the County's attorney that the interest for which the exemption is sought would not violate State or local law. (2) Factors to be considered for exceptions. In determining whether to grant a requested exception after the County has satisfactorily met the requirements of paragraph ( d)( 1) of this section, HUD shall conclude that such an exception will serve to ,.further the ,.. purposes of the Act and the effective and efficient administration of 4 • • • • • • the County's program or project, talcing into account the following factors, as applicable: 1. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; 11. Whether an opportunity was provided for open competitive bidding or negotiation; iii. Whether the person affected is a member of a group or class of low-or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; iv. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; v. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; Vl. Whether undue hardship will result either to the County or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and vii. Any other relevant considerations. 18. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. 19. Labor Standards (Davis-Bacon) Except for the rehabilitation of residential property that contains less than eight (8) units, the SubGrantee, and its contractor and all subcontractors shall comply with the Davis-Bacon Act, 40 U.S.C. 276a to 27 6a-7, and applicable regulations of the Department of Labor under 29 C.F.R. Part 5, requiring the payment of wages at rates of not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, when the project costs total $2,000 or more and the work is financed in whole or in part with assistance provided under this Agreement. The applicable Davis-Bacon wage rate schedule must be included in all bid and contract documents, as well as the "Federal Labor Standards Provisions", Form HUD-4010. 20. Lead Based Paint Regulations If the Project involves acqms1t10n, construction, demolition, rehabilitation, or any other activity related to residential housing, and 5 the building was built prior to 1978, Lead Based Paint Laws and • Regulations apply, as established in 24 CFR Parts 35 and 24 CFR 570.608. Further, all applicable federal and state laws relating to lead- based paint must be followed, including such regulations promulgated by the U.S. Environmental Protection Agency and the State Department of Public Health and Environment, including regulations for non-housing buildings. If the SubGrantee does not follow and document lead based paint laws and regulation compliance, the SubGrantee will not be eligible for reimbursement. 21 . Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and, if required, receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. 22. Uniform Relocation Act (URA) The Project is subject to the relocation and acquisition requirements of the Uniform Relocation Act of 1970, as amended, and implemented at 49 CFR Part 24; Section 104(d) of the Housing & Community Development Act, as amended, and implemented at 24 CFR Part 42; and Displacement, Relocation, Acquisition, and Replacement of Housing implemented at 24 CFR 570.606. The SubGrantee must comply with the County's Anti Displacement and Relocation Assistance Plan on file and must pay all relocation expenses as applicable under the Act. Relocation payment calculations, records of Relocation payments and all other Relocation records are subject to County or federal review and monitoring. The SubGrantee agrees that it will pay any relocation expenses required by the Act and will reimburse the County for any relocation payments the County paid as a result of monitoring review by the County or any federal agency, as required by the Act. B. Non-Appropriations Clause • The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself, and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG • 6 • • • funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal . statutes control rather than the provisions of Section 24-91- 103 .6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes No projects or activities, nor the amount allocated therefore, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. · The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold harmless.the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, 7 made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows: 1. Comprehensive General Liability: In the amount of not less than $1,000,000 2. combined single limit. Coverage to include: a. Premises Operations b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County, or the SubGrantee. 8 • • • • • • c . d. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County, or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold (currently $150,000): 1. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contractor for 100% of the contract price; and A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of the Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall 9 include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the performance standards established in Exhibit A of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be returned to the County unless authorized in Exhibit A Scope of Services to be retained by the SubGrantee and dispersed for • its approved CDBG Project activities. If the retention and re-use of Program Income is Authorized, it must be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Exhibit A Scope of Services attached to and made a part of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State of Colorado statutes and County ordinances, resolutions, rules, and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. • 10 • • • P. Suspension or Termination This Agreement may be immediately suspended or terminated upon written notification from the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. Urban County Designation In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. R. Certification The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGraniee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. T. Reversion of Assets Upon expiration of this Agreement, the SubGrantee shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use 11 of CDBG funds. Any real property under the SubGrantee's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SubGrantee in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the national objectives in §570.208 (formerly §570.901) until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the County and specified in Exhibit A Scope of Services; or (ii) Not used in accordance with national objectives in §570.208 (formerly §570.901), in which event the SubGrantee shall pay to the County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for • CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities • performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Community Development Services staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County, and SubGrantee and supersedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County, and SubGrantee. If any portion of this agreement is found by a court of competent • 12 • • • jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. VI. NOTICES Notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth : To the County: Arapahoe County Attorney 5334 S. Prince Street Littleton, CO 80120-1136 and Arapahoe County Housing and Community Development 1690 W. Littleton Blvd., #300 Littleton, CO 80120-2069 To the SubGrantee: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Attn: Nancy Fenton In Witness Whereof, the Parties have caused this Agreement to be duly executed this ~~~~~-dayof~~~~~~~~~~~~~~~~~~- SubGrantee: City of Englewood Signature Joe Jefferson, Mayor Name & Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution # 160097 13 Date October 17, 2016 Initiated By COUNCIL COMMUNICATION Agenda Item 11 bi Department Of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Establishing The 2016 Mill Levy Collected in 2017-2"ct Readin Staff Source Kathy Rinkel , Director City Council and staff began the 2017 budget process at the April 18, 2016 Study Session with an overview of the City's Fiscal Health and Wellness by means of the Center for Priority Based Budgeting's Fiscal Health and Wellness Tool , General Fund Reserve Policy and preliminary budget discussion . The Proposed Budget was discussed with Council at the August 22, Study Session . The Proposed Budget was reviewed again with Council and staff at the August 29 Study Session. On September 12, 2016 , the Budget Advisory Committee provided Council with an update of their activities and provided an Annual Report regarding their findings and recommendations . A public hearing to gather citizen input regarding the 2017 Proposed Budget was held on September 19, 2016 . Due to no public comment from the public hearing necessitating changes to the proposed budget, the "budget workshop" scheduled for the September 26, 2016 Study Session was not held . • COMMENDED ACTION Staff recommends Council approve this bill for an ordinance , on second reading, establishing the 2016 mill levy to be collected in 2017 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood assesses property tax for the general government operations and for the General Obligation Bonds Debt Service Fund. TABOR restricts the City from raising the mill levy without a vote of the citizens . The City 's general mill levy has been unchanged since 1992. This year's General Fund mill levy remains unchanged at 5.880 mills; however, the General Obligation Bonds Debt Service mill levy is 1.919 . The 2016 mill levy total of 7. 799 for collection in 2017 is certified to Arapahoe County by December 15, 2016 . • FINANCIAL IMPACT Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the estimated net assessed value of all properties in Englewood for 2016 is $575 ,373,717 compared to $595 ,636 ,070 for 2015. The 2016 mill for General Fund operations is 5.880 mills and 1.919 mills for the • General Obligation Bonds Debt Service Fund. The total mill levy is 7.799 for 2016 collected in 2017 . The total amount budgeted for the General Fund is $3,356 ,000 (net of uncollectibles, abatements, etc.). The amount budgeted for the General Obligation Bonds Debt Service Fund is $1, 102, 000 (net of uncollectibles , abatements, etc.). For example, a homeowner with a $200,000 dollar home in Englewood would pay the following to the City of Englewood : Market Value Assessment Ratio Assessed Value General Operations Mill Levy Taxes Paid For General Fund Operations Market Value Assessment Ratio Assessed Value Community Center Bond Fund Mill Levy Taxes Paid For General Obligation Bonds Market Value Assessment Ratio Assessed Value Total Mill Levy Total Taxes Paid To City Of Englewood LIST OF ATTACHMENTS Proposed bill for an ordinance $200,000 7 .96% $15,920 5.88 $93.61 $200,000 7.96% $15,920 1 .919 $30.55 $200,000 7 .96% $15 ,920 7.799 $124.16 • • , . • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2016, due and payable as required by statute in the year 2017, a tax of 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 1.919 mills on the dollar for the General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 3rd day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of October, 2016 . 1 Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 17th day of October, 2016 . Published by title in the City's official newspaper as Ordinance No. _, Series of 2016, on the 20th day of October, 2016. Published by title on the City 's official website beginning on the 19th day of October, 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 2 • • • COUNCIL COMMUNICATION Date October 17 , 2016 Initiated By Agenda Item 11 bii Department Of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Adopting the Budget For Fiscal Year 2017-2nd Readin Staff Source Kath Rinkel, Director City Council and staff began the 2017 budget process at the April 18, 2016 Study Session with an overview of the City's Fiscal Health and Wellness by means of the Center for Priority Based Budgeting's Fiscal Health and Wellness Tool , General Fund Reserve Policy and preliminary budget discussion. The Proposed Budget was discussed with Council at the August 22, Study Session . The Proposed Budget was reviewed again with Council and staff at the August 29 Study Session. On September 12 , 2016, the Budget Advisory Committee provided Council with an update of their activities and provided an Annual Report regarding their findings and recommendations . A public hearing to gather citizen input regarding the 2017 Proposed Budget was held on September 19 , 2016 . Due to no public comment from the public hearing necessitating changes to the proposed budget, the "budget workshop" scheduled for the September 26, 2016 Study Session was not held. RECOMMENDED ACTION ~aff recommends Council approve the proposed bill for an ordinance , on second reading , adopting the 2017 Wdget. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED T~e Charter of the City of Englewood requires the City Council to adopt next year's Budget and Appropriation O rdinances no later than thirty days prior to the first day of the next fiscal year to insure there is legal authority to i expend funds. Due to limited growth in the revenue sources available to the City, the 2017 Budget limited expenditures increases as much as possible while limiting the impact on the citizens. City staff and Council worked together to hold expenditure increases in check as much as possible but some expenditures , mainly personnel-related, will continue to grow outside of the control of staff. FINANCIAL IMPACT The City of Englewood 2016 Budget for all funds provides for total sources of funds of $91,601,698 and total uses of funds of $98,718,882 . The below chart depicts at a fund level the Estimated Beginning Balance , Sources of Funds, Uses of Funds and Estimated Ending Balance for 2017 . • Estimated Estimated Estimated Beginning Sources of Uses of Ending Unappropriated. Balance 'Funds Funds Balance Reserves Balance General Fund 8 ,851,902 45 , 186,231 44,983, 109 9 ,055 ,024 4 ,773 ,099 4 ,281,925 Special Revenue Funds Conservation Trust Fund 188 ,552 310,000 440,000 58 ,552 ,. 58,552 Community Development Fund 330 ,000 330 ,000 ,. Donors Fund 505 ,231 107 ,560 490 ,060 122,731 ,. 122,731 Malley Center Trust Fund 237 ,328 7 ,000 20 ,000 224,328 ,. 224 ,328 Parks & Recreation Trust Fund 459,278 15 ,000 320,000 154 ,278 ,. 154 ,278 Open Space Fund 234 ,367 811,427 912 ,000 133 , 794 ,. 133 ,794 Total Special Revenue Funds "' 1,624 ,756"' 1,580 ,987 "' 2,512 ,060 "' 693 ,683 "' "' 693,683 Debt Service Fund General Obligation Bond Fund 64, 135 1, 102,000 1,110,713 55,422 ,. 55,422 Total Debt Service Fund "' 64 , 135 ,. 1, 102,000 "' 1,110,713"' 55,422 ,. "' 55,422 Capital Projects Funds Public Improvement Fund 1,693 ,001 2,998 ,356 4 ,104,043 587 ,314 ,. 587 ,314 Capital Projects Fund 155,560 1,400,000 1,463 ,490 92,070 ,. 92 ,070 Total Capital Projects Funds 1,848,561 4,398 ,356 5 ,567,533 679 ,384 679 ,384 Total Governmental Funds 12 ,389,354 52,267 ,574 54,173,415 10,483 ,513 4 ,773,099 5,710 ,414 Estimated Estimated Estimated Beginning Sources of Uses of Ending Unreserved Balance Funds Funds Balance Reserves Balance Enterprise Funds Water Fund 10,900,168 8,507,927 8 ,907,461 10,500,634 ,. 10,500 ,634. Sewer Fund 3,467 ,126 16,225,259 17 ,854 , 174 1 ,838 ,211 ,. 1,838,211 Stormwater Drainage Fund 1,222 ,343 332 ,514 379 ,085 1,175,772,. 1, 175 ,772 Golf Course Fund 551, 168 2, 115,300 2 ,078,625 587 ,843 587 ,843 Concrete Utility Fund 663 ,704 884 ,200 836 ,905 710 ,999 710 ,999 Housing Rehabilitation Fund 811 ,201 261 ,299 1 ,024 ,500 48 ,000 48 ,000 Total Enterprise Funds "'17,615,710 "'28,326 ,499 "' 31,080 ,750 "'14,861,459"' "' 14,861,459 Internal Service Funds Central Ser\Aces Fund 31 ,546 306 ,815 290 ,214 48,147 48 , 147 Ser\1Center Fund 1,540,324 2 ,263, 151 3,635 ,504 167 ,971 167,971 Capital Equipment Replacement Fund 2 ,303,684 1,042 ,489 2 , 170,804 1 ,175 ,369 1,1 75 ,369 Risk Management Fund 437,476 1,476 , 156 1,433 ,645 479 ,987 479,987 Employee Benefits Fund 200 ,671 5,919 ,014 5 ,934,550 185,135 185 ,135 Total Internal Service Funds "' 4,513 ,701 "'11 ,007 ,625"' 13,464,717 "' 2 ,056 ,609 ,. "' 2 ,056 ,609 Total Proprietary Funds 22 , 129 ,411 39,334 , 124 44,545 ,467 16 ,918 ,068 16,918 ,068 Total All Funds 34,518,765 91,601,698 98,718,882 27,401,581 4,773,099 22,628,482 LIST OF ATTACHMENTS: Proposed bill for an ordinance • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 2016 COUNCIL BILL NO . 34 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR2017 . WHEREAS , pursuant to the provisions of Part I, Article X , of the Charter of the City of Englewood, Colorado , a budget for fiscal year 2017 was duly submitted by the City Manager to the City Council on September 12 , 2016; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 19 , 2016. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied and discussed the budget on numerous occas10ns; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the City of Englewood, Colorado , for fiscal year 2017, as submitted by the City Manager, duly considered by the City Council and with changes made by the City Manager to reflect Council discussion after public hearing, is adopted as the budget for the City of Englewood for the fiscal year 2017. Section 2 . GENERAL FUND Total Fund Balance, January 1, 201 7 Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax/Hotel License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Interest Contribution from Component Units Other 1 2017BUDGET $ 8,851 ,902 Revenues 27,135,452 3,656 ,000 3,415,550 1,387 ,998 1,374 ,706 2,592 ,400 2 ,750 ,090 893,450 55 ,446 1,400 ,000 408 106 Total Revenues $ 45,069,198 • Other Financing Sources 117,033 Total Sources of Funds $ 45,186,231 Ex12enditures Legislation 406,616 City Manager's Office 6,391,949 Municipal Court 1,100,207 City Attorney 's Office 858,949 Finance and Administrative Services 2,582,592 Information Technology 1,759,062 Community Development 2,302,797 Public Works 6,325,495 Police Services 13,665,968 Parks, Recreation and Library Services 7,417,441 Communications 410,554 Contingencies 200,000 Debt Service 1,561,929 Total Expenditures $44,983 ,109 Other Financing Uses -0- Total Uses of Funds $44,983,109 Total Fund Balance, December 31, 201 7 $ 9,055,024 Section 3. SPECIAL REVENUE FUNDS • Conservation Trust Fund Fund Balance, January 1, 2017 $ 188,552 Revenues $ 310,000 Expenditures $ 440,000 Fund Balance, December 31, 2017 $ 58,552 Community Develo12ment Fund Fund Balance, January 1, 2017 $ -0- Revenues $ 330,000 Expenditures $ 330,000 Fund Balance, December 31, 2017 $ -0- Donors Fund Fund Balance, January 1, 201 7 $ 505,231 Revenues $ 107,560 Expenditures $ 490,060 Fund Balance, December 31, 201 7 $ 122,731 • 2 • Parks and Recreation Trust Fund Fund Balance, January 1, 2017 $ 459,278 Revenues $ 15,000 Expenditures $ 320,000 Fund Balance, December 31, 2017 $ 154,278 Malley Center Trust Fund Fund Balance, January 1, 2017 $ 237,328 Revenues $ 7,000 Expenditures $ 20,000 Fund Balance, December 31, 2017 $ 224,328 Open Space Fund Fund Balance, January 1, 2017 $ 234,367 Revenues $ 811,427 Expenditures $ 912,000 Fund Balance, December 31, 2017 $ 133,794 Section 4. DEBT SERVICE FUND General Obligation Bond Fund • Fund Balance, January 1, 201 7 $ 64,135 Revenues $ 1,102,000 Expenditures $ 1,110,713 Fund Balance, December 31, 2017 $ 55,422 Section 5. CAPITAL PROJECT FUNDS Public Improvement Fund Fund Balance, January 1, 2017 $ 1,693,001 Revenues $ 2,998,356 Expenditures and Transfers $ 4,104,043 Fund Balance, December 31, 2017 $ 587,314 Capital Projects Fund Fund Balance, January 1, 2017 $ 155,560 Revenues and Transfers In $ 1,400,000 Expenditures $ 1,463,490 Fund Balance, December 31, 2017 $ 92 ,070 • 3 Section 6. ENTERPRISE FUNDS • Water Fund Fund Balance, January 1, 201 7 $ 10,900,168 Revenues $ 8,507,927 Expenditures $ 8,907,461 Fund Balance, December 31, 2017 $ 10,500,634 Sewer Fund Fund Balance, January 1, 2017 $ 3,467,126 Revenues $ 16,225,259 Expenditures $ 17,854,174 Fund Balance, December 31, 2017 $ 1,838,211 Storm Drainage Fund Fund Balance, January 1, 2017 $ 1,222,343 Revenues $ 332,514 Expenditures $ 379,085 Fund Balance, December 31, 2017 $ 1,175,772 Golf Course Fund Fund Balance, January 1, 2017 $ 551,168 • Revenues $ 2,115,300 Expenditures $ 2,078,625 Fund Balance, December 31, 201 7 $ 587,843 Concrete Utility Fund Fund Balance, January 1, 2017 $ 663,704 Revenues $ 884,200 Expenditures $ 836,905 Fund Balance, December 31, 2017 $ 710,999 Housing Rehabilitation Fund Fund Balance, January 1, 2017 $ 811,201 Revenues $ 261,299 Expenditures $ 1,024,500 Fund Balance, December 31, 2017 $ 48,000 Section 7 . INTERNAL SERVICE FUNDS Central Services Fund Fund Balance, January 1, 2017 $ 31,546 Revenues $ 306,815 • 4 • • • Expenditures $ 290,214 Fund Balance, December 31, 2017 $ 48,147 Servicenter Fund Fund Balance, January 1, 2017 $ 1,540,324 Revenues $ 2,263,151 Expenditures $ 3,635,504 Fund Balance, December 31, 2017 $ 167,971 CaQital EguiQment ReQlacement Fund Fund Balance, January 1, 2017 $ 2,303,684 Revenues $ 1,042,489 Expenditures $ 2,170,804 Fund Balance, December 31, 2017 $ 1,175,369 Risk Management Fund Fund Balance, January 1, 2017 $ 437,476 Revenues $ 1,476,156 Expenditures $ 1,433,645 Fund Balance, December 31, 2017 $ 479,987 EmQloyee Benefits Fund Fund Balance, January 1, 201 7 $ 200 ,671 Revenues $ 5,919,014 Expenditures $ 5,934,550 Fund Balance, December 31, 2017 $ 185,135 Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full , and passed on first reading on the 3rd day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of October, 2016 . 5 Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of October, 2016 for thirty (30) days. Read by title and passed on final reading on the 17th day of October, 2016. Published by title in the City's official newspaper as Ordinance No ._, Series of 2016 , on the 20th day of October, 2016. Published by title on the City's official website beginning on the 19th day of October, 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 6 '· • • • COUNCIL COMMUNICATION Date October 17 , 2016 Initiated By Agenda Item 11 biii Department of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Appropriating Funds For Fiscal Year 2017-2nd Readin Staff Source Kath Rinkel , Director City Council and staff began the 2017 budget process at the April 18 , 2016 Study Session with an overview of the City 's Fiscal Health and Wellness by means of the Center for Priority Based Budgeting 's Fiscal Health and Wellness Tool , General Fund Reserve Policy and preliminary budget discussion . The Proposed Budget was discussed with Council at the August 22 , Study Session . The Proposed Budget was reviewed again with Council and staff at the August 29 Study Session . On September 12 , 2016 , the Budget Advisory Committee provided Council with an update of their activ ities and provided an Annual Report regarding their findings and recommendations . A public hearing to gather citizen input regarding the 2017 Proposed Budget was held on September 19 , 2016 . Due to no public comment from the public hearing necessitating changes to the proposed budget, the "budget workshop" scheduled for the September 26 , 2016 Study Session was not held. RECOMMENDED ACTION .41111itaff recommends Council approve the proposed bill for an ordinance , on second reading , appropriating funds .2017. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of Englewood requires the City Council to adopt next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to insure there is legal authority to expend funds . Due to limited growth in the revenue sources available to the City , the 2017 Budget limited expenditures increases as much as possible while limiting the impact on the citizens . City staff and Council worked together to hold expenditure increases in check as much as possible but some expenditures , mainly personnel-related , will cont i nue to grow outside of the control of staff. FINANCIAL IMPACT The City of Englewood 2016 Budget for all funds provides for total sources of funds of $91,601,698 and total Ma.es of funds of $98, 718 ,882. The below chart depicts at a fund level the Estimated Beginning Balance , .urces of Funds , Uses of Funds and Estimated Ending Balance for 2017 . Estimated Estimated Estimated Beginning Sources of Uses of Ending Unappropriated • Balance Funds Funds Balance Reserves Balance General Fund 8 ,851, 902 45, 186,231 44,983,109 9,055 ,024 4 ,773,099 4 ,281,925 Special Revenue Funds Conservation Trust Fund 188,552 310 ,000 440 ,000 58 ,552 ,.. 58 ,552 Community De-.elopment Fund 330 ,000 330 ,000 ,.. Donors Fund 505 ,231 107 ,560 490,060 122,731 ,.. 122 ,731 Malley Center Trust Fund 237 ,328 7 ,000 20,000 224 ,328 ,.. 224,328 Parks & Recreation Trust Fund 459 ,278 15 ,000 320 ,000 154 ,278 ,.. 154,278 Open Space Fund 234 ,367 811,427 912 ,000 133 ,794 ,.. 133,794 Total Special Revenue Funds ,. 1,624 ,756,. 1,580 ,987 ,. 2,512 ,060 ,. 693,683 ,. ,. 693 ,683 Debt Service Fund General Obligation Bond Fund 64 , 135 1, 102 ,000 1, 110,713 55,422 ,.. 55,422 Total Debt Service Fund ,. 64, 135 ,. 1, 102 ,000 ,. 1,110 ,713,. 55,422 ,. ,. 55,422 Capital Projects Funds Public lmpro-.ement Fund 1,693,001 2 ,998 ,356 4 , 104,043 587,314 ,.. 587 ,314 Capital Projects Fund 155,560 1,400 ,000 1,463,490 92,070 ,.. 92,070 Total Capital Projects Funds 1,848 ,561 4,398,356 5 ,567 ,533 679 ,384 679 ,384 Total Governmental Funds 12 ,389 ,354 52,267,574 54 ,173,415 10,483,513 4,773,099 5 ,710,414 Estimated Estimated Estimated Beginning Sources of Uses of Ending Unreserved Balance Funds Funds Balance Reserves Balance Enterprise Funds Water Fund 10,900 , 168 8,507,927 8,907 ,461 10 ,500 ,634 ,.. 10,500 ,634. Sewer Fund 3,467 , 126 16 ,225,259 17 ,854 , 174 1,838 ,211 ,.. 1,838,211 Stormwater Drainage Fund 1,222,343 332 ,514 379 ,085 1 ,175,772,.. 1, 175 ,772 Golf Course Fund 551 ,168 2 , 115,300 2 ,078 ,625 587 ,843 587,843 Concrete Utility Fund 663 ,704 884 ,200 836 ,905 710 ,999 710 ,999 Housing Rehabilitation Fund 811,201 261 ,299 1,024 ,500 48 ,000 48,000 Total Enterprise Funds "'17 ,615,710 ,. 28 ,326 ,499 ,. 31 ,080 , 750 ,. 14,861,459 ,. ,. 14 ,861,459 Internal Service Funds Central Sen.ices Fund 31,546 306 ,815 290,214 48, 147 48, 147 Ser\ACenter Fund 1,540 ,324 2,263, 151 3,635 ,504 167 ,971 167 ,971 Capital Equipment Replacement Fund 2,303,684 1,042,489 2 , 170 ,804 1,175,369 1,175 ,369 Risk Management Fund 437 ,476 1,476, 156 1,433 ,645 479,987 479,987 Employee Benefits Fund 200 ,671 5 ,919 ,014 5 ,934 ,550 185,135 185 ,135 Total Internal Service Funds ,. 4,513 ,701 "'11 ,007 ,625,. 13 ,464,717 ,. 2 ,056,609 ,. ,. 2 ,056,609 Total Proprietary Funds 22 ,129 ,411 39,334 , 124 44,545,467 16,918,068 16 ,918,068 Total All Funds 34,518,765 91,601,698 98,718,882 27,401,581 4,773,099 22,628,482 LIST OF ATTACHMENTS: Proposed bill for an ordinance • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2017, AND ENDING DECEMBER 31, 2017, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2017. WHEREAS, a public hearing on the Proposed 2017 Budget was held September 19, 2016; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget workshop held on August 29; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January 1, 2017, and ending December 31, 2017, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows : Legislation City Manager's Office City Attorney's Office Municipal Court Finance and Administrative Services Information Technology Community Development Public Works Police Parks, Recreation and Library Services Communications Contingencies Debt Service -Civic Center Debt Service -Other GENERAL FUND $ 1 406,616 6,391,499 858,949 1,100,207 2,582,592 1,759 ,062 2,302,797 6,325,495 13,665,968 7,417,441 410,554 200,000 1,444,896 117 ,033 Other Financing Uses Total General Fund $ CONSERVATION TRUST FUND Total Conservation Trust Fund $ COMMUNITY DEVELOPMENT FUND Total Community Development Fund $ DONORS FUND Total Donors Fund $ PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ MALLEY CENTER TRUST FUND Total Malley Center Trust Fund $ OPEN SPACE FUND Total Open Space Fund $ GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund $ PUBLIC IMPROVEMENT FUND Total Public Improvement Fund $ Total Capital Projects Fund CAP IT AL PROJECTS FUND WATER FUND 2 $ -0-• 44,983,109 440,000 330,000 490,060 320,000 • 20,000 912,000 1,110,713 4,104,043 1,463,490 • • • • Total Water Fund Total Sewer Fund Total Storm Drainage Fund Total Golf Course Fund Total Concrete Utility Fund $ SEWER FUND $ STORM DRAINAGE FUND $ GOLF COURSE FUND $ CONCRETE UTILITY FUND $ HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund $ Total Central Services Fund Total ServiCenter Fund CENTRAL SERVICES FUND $ SERVICENTER FUND $ CAPITAL EQUIPMENT REPLACEMENT FUND 8,907,461 17 ,854 ,174 379 ,085 2 ,078 ,625 836 ,905 1,024 ,500 290 ,214 3 ,635 ,504 Total Capital Equipment Replacement Fund $ 2, 170 ,804 RISK MANAGEMENT FUND Total Risk Management Fund $ 1,433 ,645 EMPLOYEE BENEFITS FUND 3 Total Employee Benefits Fund $ 5,934 ,550 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2017 . Section 3 . All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2017, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2017 . Section 4. All unappropriated monies that may come into the hands of the Direct or of Finance and Administrative Services during the year 2017 , may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law . Section 5 . During or at the close of the fiscal year of 2016 , any surplus money in any of the respective funds, after all claims for 2016 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 3rd day of October, 2016 . Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 6th day of October, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of October, 2016 for thirty (30) days . Read by title and passed on final reading on the 17th day of October, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 20th day of October, 2016 . Published by title on the City's official website beginning on the 19th day of October, 2016 for thirty (30) days . Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk 4 • • • • • • 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 5 / ,, • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 17 , 2016 11 ci Englewood 's New Economic Development Proqram and Services Initiated By: Staff Source: Community Development Department Brad Power, Community Development Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To initiate business retention , revitalization, growth strategies and leverage City resources . A goal of the Englewood 's economic development program is to foster job creation and educational training opportunities . Englewood's economic development program was discussed at the October 10 , 2016 study session . RECOMMENDED ACTION Staff recommends that City Council approve a Resolution to support policy changes to Englewood's new economic development program. The program is designed to strengthen Englewood's economic base by providing a variety of existing and potential business constituencies with resources to improve their competitiveness , while enhancing and growing the community 's vitality . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The elements of the new economic development program will include : Primary Employer Incentives This program, with funding of $75 ,000 will include rebates of use taxes or permit fees associated with the build-out of space to accommodate primary employers . A primary employer is one that derives most of its income from beyond Englewood, thereby brining in new dollars to circulate within the local economy . The program would enable staff approval of this incentive up to $25 ,000 with City Council approval required for larger amounts. Each level of incentive is tied to a minimum number of jobs that should be created , a wage level above Englewood 's median wage, and the employer should strive to hire Englewood residents for the new jobs . Business Initiation Grant (BIG) The Business Initiation Grant (BIG) is intended to enable start-up bus inesses to receive a "leg- up " at the most critical time for the business. The budget for th is portion of the program will be set at $25 ,000 and grant funding can be used by the business for any legitimate purpose to assist their efforts to get started (marketing , advertising, equipment , etc .). Maximum grant awards of $2,500 will be provided to the business following the completion of a business training program offered by one of Englewood 's new partner economic development agencies . Business Acceleration Grant (BAG) Funded at a budget of $50,000 the Business Acceleration Grant (BAG) is intended to enable • businesses that have been established in Englewood at least two years to receive grant funding to expand or improve their operations. A maximum grant of $5,000 may be awarded following a review of a proposed business plan that will forecast the impact of expansion or improvement efforts. Englewood Focused Business Training Programs Englewood will enter into a partnership (through an impending intergovernmental agreement with a budget of $20,000) with the Aurora South Metro Small Business Development Center (SBDC) to provide business training programs and individual business consulting in Englewood for Englewood businesses. As a measure of the excitement for the new partnership, the SBDC chose to offer its Leading Edge program for small business planning at the Civic Center. That multi-week class is underway. The program will also enter into new programming concepts from the U.S. Small Business Administration and the existing partnerships with the Greater Englewood Chamber of Commerce and Arapahoe/Douglas Works will continue. The total budget for this portion of the program is Small Business Training Grants (Program Scholarships) For business entrepreneurs who want to grow their capacity and potential for success in Englewood, the program will offer scholarships with a maximum amount of $500 to attend a training course that will be offered by one of the program's partners. Alliance for Commerce in Englewood (ACE) The focus of ACE has been shifted from monthly 1.5 hour meetings to having ACE members spend that period of time each month meeting with an Englewood business. The ACE • members will gather common information through a short questionnaire and the information will be reviewed and common themes identified in periodic meetings of ACE . South Metro Enterprise Zone The enterprise zone encompasses all of Englewood and the benefits of a business locating within the zone will be enumerated in the forthcoming Englewood Business Resource Guide. The $16,800 in grant funding that the City will receive in 2017 is used to cover staff time associated with the administration of the Enterprise Zone program . Colorado Brownfields Revolving Loan Fund Englewood's association with this consortium of cities that administer a loan program to foster redevelopment of environmentally challenging sites will continue as part of the new program. Commercial/Industrial Site Selection The economic development program has a subscription to the Costar site selection service and a secondary service from Xceligent is being added to provide comprehensive "site tours" of available properties to employers and businesses interested in locating in Englewood . Englewood Business Resource Guide In cooperation with the new orientation of the economic development program, a comprehensive Englewood Business Resource Guide will be published in web-based and hard copy formats. The guide will provide all of the information necessary for a business idea to be researched, started and operated within the City of Englewood . • • • • FINANCIAL IMPACT The economic development programs in Englewood will be budgeted at $150 ,000 for 2017 , which is the same level as 2016 . However , the 2017 funds will support a greatly expanded number of services and programs. An additional $20 ,000 from the Community Development Department 's professional services budget will be used to support the proposed partnership between the City and the SBDC. The Commercial Catalyst program will end and be replaced by two specific business grant programs that will provide more businesses with the opportunity to receive grant funding (although at a smaller dollar maximum) at key stages in their life cycle . LIST OF ATTACHMENTS Resolution RESOLUTION NO. SERIES OF 2016 A RESOLUTION APPROVING ENGLEWOOD'S ECONOMIC DEVELOPMENT PROGRAM AND SERVICES. WHEREAS, the Englewood Economic Development Program is designed to strengthen Englewood's economic base by providing a variety of existing and potential business constituencies with resources to improve their competitiveness, while enhancing and growing the community's vitality; and WHEREAS, in order to initiate business retention, revitalization, growth strategies and leverage City Resources Englewood's Economic Development Program and services has been developed with a goal of fostering job creation and educational training opportunities within the City of Englewood; and WHEREAS, the elements of the Englewood Economic Development Program include: Primary Employer Incentives -the program will include rebates of use taxes or permit fees associated with the build-out of space to accommodate primary employers; and Business Initiation Grant (BIG) -is intended to enable start-up businesses to receive a "leg-up" at the most critical time for the business and grant funding can be used by the business for any legitimate purpose to assist their efforts to get started (marketing, advertising, equipment, etc. Business Acceleration Grant (BAG) -the Business Acceleration Grant (BAG) is intended to enable businesses that have been established in Englewood at least 2 years to receive grant funding to expand or improve their operations. Englewood Focused Business Training Programs -Englewood will enter into a partnership (through an impending intergovernmental agreement with a budget of $20,000) with the Aurora South Metro Small Business Development Center (SBDC) to provide business training programs and individual business consulting in Englewood for Englewood businesses. Small Business Training Grants (Program Scholarships) -for business entrepreneurs who want to grow their capacity and potential for success in Englewood, the program will offer scholarships to attend a training course that will be offered by one of the program's partners. Alliance for Commerce in Englewood (ACE) -the focus of ACE has been shifted from monthly meetings to having ACE members spend that period of time each month meeting with an Englewood business through a business visitation and outreach initiative. South Metro Enterprise Zone -the enterprise zone encompasses all of Englewood and the benefits of a business locating within the zone include valuable State of Colorado tax credits. 1 • • • • • • Colorado Brownfields Revolving Loan Fund-Englewood's association with this consortium of cities that administer a loan program to foster redevelopment of environmentally challenging sites will continue as part of the new program. Commercial/Industrial Site Selection -the economic development program has a subscription to the CoStar site selection service and a secondary service from Xceligent is being added to provide comprehensive "site tours" of available properties to employers and businesses interested in location in Englewood. Englewood Business Resource Guide -in conjunction with the new orientation of the economic development program, a comprehensive Englewood Business Resource Guide will be published in web-based and hard copy formats. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby approves Englewood's Economic Development Program and Services for the City of Englewood, Colorado. ADOPTED AND APPROVED this 17th day of October, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: A Resolution Approving October 17, 2016 11cii FY2017 Community Development Block Grant Application Initiated By: Staff Source: Community Development Department Harold J . Stitt , Senior Planner PREVIOUS COUNCIL ACTION City Council has approved resolutions to file Community Development Block Grant (CDBG) applications annually since 1977. Participation in the Arapahoe County entitlement program began in 1991 . Participation is authorized in three-year increments. Ordinance 19, Series of 2015 , approved an Intergovernmental Agreement to participate in the Arapahoe County Community Development Block Grant and HOME Investment Partnership Programs for federal fiscal years 2016 through 2018 . RECOMMENDED ACTION Staff recommends that Council approve a resolution authorizing staff to apply to Arapahoe County for the City of Englewood 's portion of federal fiscal year 2017 Community Development Block Grant (CDBG) funds. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The U . S. Dept. of Housing and Urban Development (HUD) CDBG Entitlement Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the program is to enhance urban communities by providing: • decent, safe, affordable housing; • improved infrastructure ; • public facilities and services ; • economic opportunities . The Federal Program objectives are achieved through projects developed by local governments that primarily benefit low and moderate-income families as well as other federal objectives . The request for funds may also include activities that meet urgent development needs in communities such as damage from flooding, tornadoes , fire , etc . Local governments determine which activities best serve the objectives of the program . Funds are appropriated annually by the Congress for the CDBG program and are allocated by statutory formula to each entitlement area. Arapahoe County is approved as an urban county entitlement area . The CDBG grant funds are currently distributed to participating cities within Arapahoe County. Each participating city receives a set-aside portion of the total CDBG allocation . The current participating cities are the Cities of Englewood , Littleton, Sheridan, Glendale, Deer Trail , Centennial, and Greenwood Village. The funding level for the City of Englewood for FY2017 is anticipated to be $135 ,000 . Applications for each proposed project must be submitted to Arapahoe County no later than November 4 , 2016 in order to receive 2017 CDBG funding . The applications for the City of Englewood will be for a total of $135,000 .00 . Englewood's FY2017 program consists of two projects . These projects continue to meet current housing and neighborhood needs benefitting low and moderate-income families. All projects are subject to additional review by City staff, Arapahoe County CDBG administrators and the County Commissioners . The listed projects and funding levels may change based on those reviews . FY2017 CDBG funds will be requested for the following projects: 1) $115,000 for an energy efficiency home improvements project focusing on improvements that provide increased energy conservation and efficiency in the home ; 2) $20 ,000 for a fifteenth year request to transfer a portion of the City's CDBG allocation to directly fund the Family Tree application that assists with staffing needs for the House of Hope homeless shelter. Family Tree will submit an application directly to Arapahoe County for the grant. A letter of sponsorship is only required from the City to support Family Tree's application to Arapahoe County. FINANCIAL IMPACT Existing Community Development staff will administer the proposed projects. Staff salaries and benefits represent the City 's participation in the projects . LIST OF ATTACHMENTS Resolution • • • • • • RESOLUTION NO. SERIES OF 2016 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO , TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2017 COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 13, Series of 2006, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program for funding years 2007 through 2009; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 22, Series of 2009, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2010 through 2012; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 25, Series of 2012, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2013 through 2015; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 19, Series of 2015, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2016 through 2018; and WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS, the City of Englewood, Colorado, desires to apply for these funds through the Arapahoe County 2017 Community Development Block Grant to fund the Energy Efficiency Englewood Project, and House of Hope staffing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 1 Section 1. The City of Englewood, Colorado, is hereby authorized to file applications for an Arapahoe County 2017 Community Development Block Grant. Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms, documents, assurances and certifications for the Community Development Block Grant applications for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 17th day of October, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • •