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HomeMy WebLinkAbout2016-11-07 (Regular) Meeting Agenda PacketiJi:engtewood 1000 Englewood Pkwy -Council Chambers Englewood , CO 80110 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, Nov. 7, 2016 •7:00 p.m. a. Minutes from the Regular City Council Meeting of October 17 , 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. Coween Dickerson, Englewood resident, will address Council regarding communications . b. Kathleen Bailey, Englewood resident, will address Council regarding the magically, strategically missing 2010 sludge report. c. Kay Howard, founder of The Englewood Military Memorial, will address Council regarding her aid to other agencies application and continuing the Memorial Day Celebration . d. Mark Nicholl, US Veteran, will address Council regarding The Englewood Military Memorial event. e. Elaine Hults, Englewood resident, will address Council regarding the Englewood Housing Authority. f. Jared Blackney, with McBride Lighting , will address Council regarding a lighting project at the Wastewater Treatment Plant. g . Robert Ellstrom , Englewood resident, will address Council regarding professional respect. Please note: If you have a disability and need auxilia ry aids or services, please notify the Gty of Englewood (303-762-2405 ) at least 48 hours in ad vance of when services are needed . h. Dohn Leadabrand will address Council regarding pedestrian thoroughfare at Galapago & West Floyd . i. Susan Walker, Director with CSOR, will address Council regarding Ordinance 34. j . 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 . Englewood Police Department Citizens' Academy Graduation. b. A proclamation declaring November 26, 2016 as Small Business Saturday. 9. Consent Agenda Items a. Approval of Ordinances on First Reading. i. Council Bill 45 -Approve the proposed bill for an Ordinance, a Memorandum of Understanding with the Colorado Department of Public Health and Environment's Environmental Leadership Program. Staff: WWTP Plant Manager Dennis Stowe ii. Council Bill 44 -Approve the proposed bill for an Ordinance authorizing a Grant Agreement between the State of Colorado Department of Local Affairs and the City of Englewood to receive funding for the Marijuana Impact Grant Program . Staff: Cmdr. Vance Fender b. Approval of Ordinances on Second Reading. i. Council Bill 40 -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 ii. Council Bill 41 -Approve a Bill for Ordinance, on second reading , 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 Please note: If you ha v e a disability and need auxiliary aids or services. please notify the Gty of Englewood (303-762-2405 ) at least 48 hours in ad v ance of when services are needed. ·, iii. Council Bill 43 -Approve an IGA with CDOT to accept Safe Routes to School grant funds for the Broadway/Mansfield Enhanced Safety Crossing project by ordinance. Staff: Planner II John Voboril iv. Council Bill 42 -Approve an IGA with Arapahoe County for acceptance of fiscal year 2016 Community Development Block Grant funds. Staff: Senior Planner Harold Stitt c. Resolutions and Motions. i. Staff recommends Council approve by motion the implementation of TimeClock Plus to improve the time entry process . Staff: IT Business Applications ManagerJoelsenbart ii . The Information Technology Department in conjunction with the Commun ity Development Department recommends Council approve , by motion , to advance the implementation of TRAKiT with the implementation of eTRAKiT. Staff: IT Business Applications Manager Joe lsenbart 10 . Public Hearing Items. 11 . Ordinances, Resolutions and Motions. a . Approval of Ordinances on First Reading . 1. 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 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 i. 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 iv. Council Bill 34 -Approve the proposed bill for an ordinance adopting the 2017 Budget. Staff: Finance and Administrative Services Director Kathleen Rinkel v. Council Bill 35 -Approve the proposed bill for an ordinance appropriating funds for 2017. Staff: Finance and Administrative Services Director Kathleen Rinkel b . Approval of Ordinances on Second Reading. c. Resolutions and Motions . i. A resolution establishing the annual salary for the Municipal Court Judge for the calendar year 2017 . Please note: If you have a disability and need auxiliary aids or services, please noti fy the City of Eng lewood (303 -762 -2405) at least 48 hours in advance o f when servi ces are needed. ii. A motion setting the public hearing for the Comprehensive Plan for 21 November 2016. 12. General Discussion. a. Mayor's Choice. i. Executive Session with Judge Vincent Atencio. ii. Executive Session -iBake b. Council Members' Choice . 13. City Manager's Report. i. Allen Water Treatment Process Video 14. City Attorney's Report . 15 . Adjournment. Please note: If you have a disability and need auxiliary aids or services. please notify the Gty of Englewood (303-762-2405 ) at least 48 hours in advance of when services are needed. Coween Dickerson 2835 S. Pennsylvania Englewood citizen 20 yrs Regarding communications and transparency, I own my mistakes and apologized in print and now humbly apologize again for my error in stating in print that Council Member Gil lit had been sued for the inaccurate if not slanderous statements he has made. I pray my apology is accepted and that each of us, citizens, Council and Staff can hold ourselves to ever higher standards going forward. There are still many inconsistencies in communications and transparency in the City. For instance, The Englewood Citizen became a tool of a consultant. The acting City Attorney has ignored or evaded clear direction from the Council to take actions ie shutting I Bake down and the unnecessary outside legal costs on that and Title 7. Which brings me to the latest problem I see with communications and transparency, the Englewood Housing Authority, which has come front and center due to the last study session revelations. Why are not the minutes and agendas of EHA on the City Meetings Portal, as all other Boards and Commissions are? WHY is EHA handled differently from all the other Boards and Commissions, whose agendas and minutes are on the City website, easily accessible? Why? Council members Gillit and Yates, you are our representatives to the Board of EHA. Why, when I queried each of you for your knowledge and documents, I did not get anything substantive, no minutes, no agendas, no meeting materials. WHY? WHY when I asked you for your knowledge and substantive documents and emails, did you not supply them ? WHY have neither of you reported your knowledge to the rest of the Council, or made any report on your participation in meetings or what EHA is up to? WHY? WHY was the City Manager so surprised about the tax exemption of Broadway Lofts and the Foundry Apartments? Did not the EHA discuss anything about their partnership with these properties during the meetings you attended? WHY did not you report these matters to the Council and the City Manager? How could you not know what was going on and why could not the City Manager get information from EHA, when you had at least 8 months worth of agendas and minutes? WHY does EHA get to tell Council members, the City Manager and just about everyone to pound sand, when they ask for information, even the minutes? You are the City's and the citizens's representatives, WHY have you not made sure the City Manager gets information and the Council gets all information requested from EHA? Have you not been there at meetings? Have you not gotten the meeting materials, agendas, minutes? What is being hidden that it is so very difficult to get information out of EHA and YOU, our representatives on the Board, why are not YOU fixing this? / WHY is EHA being treated differently? Why do citizens NOT have as easy access to information about the EHA as we do with all the other Boards and Commissions? WHY? This needs to be corrected ASAP . The Citizens and the Staff and the rest of Council need to know the details of the EHA and its relationship to the Foundry and Broadway Lofts and what the City can expect in the way of revenue and tax with the EHA "properties". WHY is this such a mess? WHY? 11/07 /16 City Council Meeting While we continue to wait for the 2010 sludge report I thought we can review . {)-olJ ·)_Vi"f) The 2012 COM Smith Letter, the 2012 State Denial Letter, and the 2014 ARCADIS Report established that Stu Fonda and Tom Brennan recognized the significant increase in the radioactive elements in the sludge in 2009, 2010, 2011, and instead of concerning themselves with the safety of Englewood employees and Municipal landfill employees by running an updated Risk Assessment, they instead worked with a willing close partner in COM Smith, who on behalf of Stu Fonda put together the now infamous 2012 letter to the State requesting approval for multiple year disposal contracts in order to get around having to yearly show how bad the sludge was getting and to lock in the cheaper disposal rates of the Municipal Landfills. Claiming the current risk was as safe as it was for the old 2007 risk assessment. When the State refuted CDM's and Englewood's claims and denied approval due to high Radium values, Englewood simply stockpiled the sludge on site starting with 2011. The Cancer diagnosis began 2012. The first evidence of Englewood's cover-up of this recognized liable negligence was seen when Englewood excluded, as if they never existed, the ARCADIS Report, and the 2012 State Denial Letter from the documents provided in response to the full disclosure request from iyir. Kloewer's attorneys. Englewood then followed with the two false and intentionally misleading reports orchestrated by Mr. Keck and Tom Brennan and perpetuated by all of you -the 4/01/16 Talking Points, and the Gibb Report. The firm Keck and Brennan chose to do their latest 3rd study, Integral Consulting, lists litigation defense concerning radiation dose risks as one of their selling points. Brennan and Keck's 3rd study states only that they will do a risk assessment study based on "all available historical years" using RESRAD or some "other" unidentified tool. This strategy allows for leeway to select only the first historically bad year, 2009, then go backwards and plug in all the available historically good years which will generate a skewed false low dose risk result to report to the Public . The significant historically high concentrations of radioactive elements in the Sludge that preceded the series of cancer our group identified BEGAN in 2009. Not Keck and Brennan's "all available historical years". And although there are "other tools", a RESRAD, short for RESidual RADioactivity, remains the standard tool, and was used exclusively in Englewood's own 2003 and 2007 Risk Assessments. But you need all three available years -2009, 2010, 2011. That brings us to the strategically missing 2010 sludge report. Keep in mind ACZ held the 2010 Sludge report in their electronic archives for 5 years where it remained available till the end of last year 2015 -where Fonda, or Brennan, or Keck or any of you could have obtained it at any time. a.. And In two separate emails 8/29/16 and 9/06/16 Brennan states ACZ keeps c.hard copy on file for 10 years. But at the 9/06/16 Council Meeting Keck tells the public that ACZ only keeps the reports 5 years, that COM has Copies of all the reports but that the Engineer is on vacation, and Englewood doesn't have the ~ We sponsor Veterans Day and Memorial Day celebrations for veterans! WE NEED YOUR SUPPORT! ;;:;-;;:;;;-,. det•tls, contact K•y at >OS-740-8711 (.....,I) kaycastlerockGIComcast.net or ... OW' Fae• Book page "INGLEWOOD HIGH SCHOOL MILITMY MIMOltlAL" 2010 report but he does not know why. Then In a 9/14/16 internal email, Brennan informs Keck and Robinson that COM has the 2010 sludge report but they changed operating systems and are having trouble accessing their old files. But at the 10/03/16 council meeting Keck tells the public that COM has the 2010 report but the Drive is damaged and if it can be retrieved off the damaged drive it will be provided. Next, at the 10/17 /16 Council Meeting Keck tells the public the computer with the damaged drive that has the 2010 sludge report is in another State in their office in Phoenix (I believe where Stu Fonda retired), and because COM (Fonda's partner in the infamous 2012 Letter) has not made getting the report off the damaged drive a priority which has now strained Englewood's relations with COM they now have no idea when or if Englewood will ever get this report from COM. On 10/24/16 I received a new update from Keck with a letter from COM dated 10/21/16 in which COM declares "we do not know definitely if a copy of the 2010 ACZ report is on the external hard drive and is recoverable." We are still here, and We demand that 2010 sludge report and we will continue to publicly wait. Kathleen Bailey EHA Property List Owned and Managed by EHA Date of Purchase Purchase Price Gross Income Net Income Yearly Yearly 3425 S,Sherman Sr. 3333 S. Lincoln St. 2186-88 W.Warren 2213-15 W. Vassar 3028-30 S Fox \ 3123-25 S.Lincoln 3726-30 S. Inca 3002-4 S. Galapago 4761 S. Grant Limited Partne~hip Gtoss Income Net Income Yearly Yearly 3590 S. Pennsylvania 3500 S. Sherman 3550S. Deleware Date of Partnership Investment Education/Punishment: The Need for Balance Susan Walker, M.A. Director, CSOR 10-26-16 Last night, as I sat at a Town Hall held by two Englewood, Colorado City Councilwomen, I was happy to have the opportunity to participate, but concerned regarding the long road ahead of us. In spite of attendance at numerous Englewood City Council Meetings over the last couple of months, participation in several Town Halls, and a study session, the job of educating the people of Englewood has obviously just begun. Oh yes, we have made progress. There are council members and citizens who understand that residency restrictions make it harder, not easier to promote community safety. They get it that forcing registered citizens out of their homes and into the streets pushes them underground, and into survival mode as opposed to "good citizen" mode. People attended the meeting that I had not seen at any of the previous meetings; a couple of them asked questions and made comments; some had nothing to ask or say. We are still reaching just a small portion of the people of Englewood whose City Council is faced with the task of a lifetime, i.e. making a choice between banishment of a whole population of people, and another path, based on education and good law enforcement practices, which gives everyone who is currently a citizen of Englewood a chance to live a safe and productive life. People on probation (pre-prison) or parole (post-prison) for a sex crime need housing, jobs and pro- social (caring, moral and ethically based) support to re-enter society successfully. Successfully means that they do not desire to do sexual harm to any other human being, and are committed to joining the "community safety team." While abundant research in scholarly journals shows that an incredibly small number of persons who have committed a sexual offense and who go through supervision and sex offense specific treatment commit another offense, people in general don't read scholarly journals. They watch the news on television; they follow social media posts, and unfortunately gravitate toward believing what they hear via sensational presentation styles. A couple of years ago, I confronted a Denver television reporter doing an investigation into sex crimes regarding a teaser for an upcoming news show which included the words "violent sexual predator." My explanation to her that sexually violent predator or violent sexual predator were not words that applied to all persons who had committed a sexual offense, but to a very small, specific subset of individuals designated as sexually violent predators or SVP's. Her comment back to me was that those were just words she needed to use to get an audience to watch her report, and that the report itself was not sensationalized. Yet the effect of those three words presented as a teaser is all that is really needed to send the citizenry up the wrong alley in terms of making good public safety decisions in this arena. While the SVP assessment tools in the State of Colorado were supposed to appropriately capture information designating a tiny percentage of those who commit sex crimes as SVP's, they have not done that job correctly to this point. A recent outside evaluation called for by the State's Joint Budget Committee roundly criticized the current SVP Assessment Tool (three of them I believe have been created over the last 18-20 years in an attempt to improve them) for still not properly identifying those who should properly be designated SVP or "high risk". A fourth is being created currently to fill the gap until we can convince the Colorado Legislature that we need to revamp the State of Colorado's registration system, including how we evaluate and classify risk levels. The Englewood City Council has been presented with material that clearly says residency restrictions create an atmosphere of less rather than more safety. A councilman I talked to after a recent study session stated that he did not want "newspaper discussions" of the issues regarding residency restrictions -he wanted scholarly journal articles instead. I told him that the reason I had supplied the council with short, quick reading material was because it appeared that only two council members were researching the issues, and I didn't think that loading people down with hard to read journal articles would encourage the participation of more council members in learning about the subject. The next morning, I supplied the council with 30 or so journal articles and the next day with another 20. They now have a stack of reading to review which will demand much time and effort, with answers coming from the journal reading that match the newspaper reports already supplied I Human beings, with their "higher intelligence" are supposed to be able to make decisions based not on emotion and feelings only, but on serious consideration regarding the truth of the issues involved. While truth is not always easy to discover, in this case, 99.99 -100% of the literature out there, whether in newspapers that report information supplied by those who have educated themselves in this field, or in scholarly journals and books says that residency restrictions do NOT reduce sexual crimes. Banishment, a form of punishment used over the centuries in addition to the particular criminal justice system in place at any given time, only seeks to move the problem down the road. In reality, whether someone with a sexual offense in their background lives IN the City of Englewood, or whether they live in a neighboring city and walk into Englewood to commit an offense, makes little difference to the person who is offended against and their loved ones. The only sexual offense in the City of Englewood since the Ryals case was committed by someone who did NOT live in Englewood; rather, they walked or drove into Englewood to commit their sexual crime! Time spent under probation supervision, in prison, and/or on parole when a person gets out of prison, constitutes the punishment. Hours locked in a small cell, life the same day in and day out, and limited to no contact with the outside world should be just one goal of our criminal justice system. Rehabilitation, restoration, re-entry, pro-social, safe and productive lifestyles and behaviors should be the other. We need to figure out both ends of the teeter-totter, whether we put the emphasis on the up end or the down end, or try 'to make sure people get an exactly even dose of both. · In reality, punishment in and of itself does little to help people change their lives, their world view, their treatment of others and their acceptance of themselves. It is the bonding with family, neighbors and friends, the opportunity to be productive, and the contribution that a person decides to make to the welfare of all of society and the peace in that person's soul that makes all the difference. That combined with probation and parole supervision, empathic therapists and the nurturing of a community can make all the difference. / • • • /Ille B ride Light ing & Electrical Servlcee:::=::=::=::=::=::=::=::=:::==::=::=::=::=::=::=::=::=::=::=:::::=::=::=::=::=::= Joe Jefferson Rick Gillit laurett Barrentine Amy Martinez Linda Olson Rita Russell Steven Yates City of Englewood 1000 Englewood Parkway Englewood, CO. 80110 Dear City Council, It has come to my attention that the Waste Water Treatment Plant 2016 Lighting Improvement Project that McBride lighting was awarded because they were the low bid has been rejected and put up for re-bid. It is my understanding after watching the City Council Meeting that the following reasons were given as to why a re-bid was considered. First, Colorado lighting made a "mistake" on the bid they submitted which would save the City approximately $8,200.00 . Second, it would be in the "best interest" of the City to find the lowest and most responsible bidder. Third, there should be a 3rd re-bid to make things fair. Unfortunately, not all the facts were discussed during the city council meeting, so I would like to shed some light on the facts and prove to you how a "mistake" after the fact should not be relevant, how McBride lighting has had the best interest for the city all along, and how things were already done fairly. Before I get in to the aforementioned reasons for rejection I would like to explain in detail what happened on the first bid. I feel it Is important to shed some light on why McBride Lighting submitted an alternate bid for the first bid in the first place. During the walk through there was a discussion with the City of Englewood that the specified fixtures and controls are not the best option for the city. The company that specified the project (Colorado llghting)was specifying an old outdated technology that would drastically Increase the labor and material to install per fixture. I made mention that they have wlreless fixtures now and running data cable to each fixture doesn't make sense. I was advised that there would be an addendum for the controls of the fixtures. I then received the addendum that said "Contractor may provide alternative switch ing options facilitating occupancy sensor technology". So, I provided a fixture option that is wireless and would save the city a lot of money if they went with my option. The bids were then opened and I was approximately $60,000.00 less then Colorado lighting proving that Colorado lighting speclfied the more expensive option for the city. Win or lose this project the main goal for my first bid was to show The City of Englewood that Colorado lighting could care less about what's best for The City of Englewood. McBride lighting's first bid opened the city's eyes and helped them realize that there are better options availab le. The City then decided to re-bid it apples to apples because they didn't have the t ime or money to re -specify the project and they were going to have to stick with t he outdated option. The second option was re -bid and McBride lighting was low bid again, the bid was then awarded to McBride lighting. Colorado Light ing petitioned the decis ion and now we are in this predicament. The fi rst area I wou ld li ke to shed light on is in regards to where Colorado lighting made a "mistake" on their proposal. In the cou ncil meeting Scot Kelley said in his 13 years of light ing est imat ing he has never made a mistake like t h is one, and if the city would remove line item 1098 it would save the city approximately $8,200.00 and he would then be low 16026 West 5th Ave. Golden, CO 80401 Phone: (303) 778·8787 Fax : {303) 778-8244 !We Bride Lighting • & Electrical Servlc ea::===================================================== bid. Unfortunately, that is not how bid's work and we have all made mistakes on a bid especially after the fact when we realize our number is not low. If the City allows thls bid to be re -bid for a 3'd time because of Scot Kelley's first mistake in 13 years, the city is opening a box of worms for every contractor to come back and fight with the city about the "mistake" they found after the bid was opened . I honestly don't believe it's a fight the city should have to battle when someone else doesn't proof read their proposal. After reviewing the council meeting video, I then reviewed the proposals for the mistake. The mistake was a quantity mistake of 217 lnstead of 1 per Scot Kelley. Unfortunately, his quantity is 1 on his first and second proposal not 217 which shows that his statement was false. I also noticed the cell he is referring to has to be manually entered so it wasn't a drag down issue as Scot Kelley stated it was. Lastly, I noticed the cell was different on his second bid (approximately $10,000) than his first bid (approximately $12,000) so he had to of changed it, which brings me to my next point of Colorado Lighting not having The City of Englewood's best interest at heart. Colorado Lighting wrote the scope for this project which as stated before is not the best option for the city. After rev iewing the video and the bids it has come to my attention that Colorado Lighting doesn't have the City's best interest at heart for the following reasons. Colorado lighting submitted their first bid to the city for approximately $383,000.00. Colorado Lighting submitted their second bid for approximately $354,000.00. Now to the average person this may look normal because material or scope of work may have changed between bids. Well unfortunately the scope of work, the material, and the project didn't change at all. Colorado Lighting was somehow able to remove $30,000.00 from their bid, which we can only speculate as another "mistake". In addition to that mistake; now Colorado Lighting has found another $10,000.00 mistake and would like to re-bid the project because per Scot Kelley he has The City of Englewood's • best interest at heart and it's his first mistake of this kind in 13 years. With this being explained I would be leery to ever do business with a company that can cut $40,000.00 out of their bid without the bid changing. I also would like to make note that because Colorado lighting wrote the scope on this project they were given a 10% to 20% discount on the fixture package from the manufacturer representative. Colorado lighting lost this bid when it was apples to apples. Whatever mistakes they found or money they can cut out of the bid after the fact should be 100% irrelevant. This second bid was apples to apples which is as fair as its going to get. Another re-bid would cause the city more headaches then they deserve. McBride Lighting put its best foot forward the first time. In turn, McBride Lighting would like for the city to uphold the award that was already given to McBride Lighting. In summary, the bidding process is a delicate balance of rules and regulations that should be upheld and followed. If they are not followed than the bidding process is irrelevant. I completely understand McBride Lighting was at fault for the first bid being reevaluated, but we feel we should always offer the best product at the best price, not the one that is going to make us the most money. I just hope The City of Englewood sees that McBride Lighting not only put their best foot forward from the beginning, but they also opened the city's eyes to a company that never had the city's best interest at heart. I strongly recommend you keep the award with McBride Lighting and let us prove to you that we will always have The City of Englewood's best interest at heart. Thank you for your time and consideration. Sincerely, Jared Blackney CLMC, CSLC, & CLEP Vice President McBride Lighting Inc, 16026 West 5th Ave. Golden, co 80401 Phone: (303) 778·8787 Fax: (303) 778-8244 • • Alicia Stutz • • From: Sent: To: Cc: Alicia Stutz Monday, October 31, 2016 2:51 PM Jared Blackney Subject Alyssa Hoffman; Gunter Ritter; Eva Boyd; Kathleen Rinkel; Eric Keck Re: Emailing -CFC 16-36 Lighting lrnprovements.pdf Good Afternoon Jared, I would like to point out that the City did not award this project. It was our "intent to award" only the City council can award projects of th is amount. Please address counci l with the verbiage "intent to award" Thank you, Alicia Stutz, CPPB Sent from my iPhone On Oct 31 , 2016, at 1:51 PM, Jared Blackney <jared@mcbridelighting.com> wrote: Hello, Attached is the lette r I have sent to the City Council in regards to re bi dding this project again . Plea se let me know if you have any questions. In addition I will be attending the City Council Meeting on the 711'. Thank You , Jared Bla ck ney Vice President McBri de Li ghting Inc P:303· 77 8-8787 F:303 -778-8244 from: Alicia Stutz [mailto :astu tz @englewoodgov.org] Sent: Monday, September 19, 2016 9 :22 AM To: Jared Blackney <jared@ mcbr idel ighting.com > Cc: Alyssa Hoffman <AH offman@englewoo dgo v.org>; Gunter Ritter <GR i tter@englewoodgov.org>; Ev a Boyd <eboyd@e nglew oodg o v.o rg> Subject: Ema i ling -CFC 16-36 Lighting lmprovements.pdf I mportance: High Good Morni ng Jared, The L/E WWTP water and sewer board recommended moving forward in requesting approval from our Ci ty Coun ci l t o award the lighting Impr ovement Pro j ect to McBride lighting, Inc. Attached p l ease fi nd t he contract for you r r ev i ew and si gnatu res on both t he contract and the Sc hedu le A. You may scan an d email a signed copy to me so tha t I can get it to the City Attorney for review, b ut I w ill need at least o ne orig i nal along w i th the Insurance and Payment, Perfo rmance & Maintenance Bond. Please let me know if you have any questions. 1 Thank you, lf/Jeia ttt<tl', CPPB Procurement & AP Supervisor Finance & Administrative Services 1000 Englewood Parkway Englewood, CO 80110-2373 {303) 762 -2412 fax {303) 783-6896 astutz@englewoodgov.org <image002.png::. City of Englewood's Mission : To prom ote and ensure a high qu ali ty of life, economic vitality, an d o uniquely desirable commu nit y identity. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http ://www.mimecast.com <City of Englewood Waste Water Treatment Plant 20 t 6 Lighting Project Letter.pdf.> 2 • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT November 7, 2016 Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. Please limit your presentation to three minutes PLEASE PRINT TOPIC I l I I Stephanie Carlile From: Toni Arnoldy Sent: To: Monday, November 07, 2016 10:34 AM Stephanie Carlile Subject: Academy 11 Graduates Below is the list of the 17 Englewood Police Citizens Academy 11 Graduates NAME Mark DeHaven Suzanne Dircksen Valerie Emmelhainz Michael W. Gailus Jan Grengs Laura Hamlett Corey Lasley Linda Mesenger Katie Morrison Nathan Pavelka Randy Penn Wayne Peterson Ben Rector Gary Richardson Mary Smith Katie Sullivan Carol Trevino Thanks, Toni Arnoldy Englewood Police, Community Relations Specialist 3615 S Elati St Englewood, CO 80110 Office:303-762-2490 Mobil: 303-994-8032 Fax: 303-783-6909 Email: tarnoldy@englewoodco .gov ~Eil'Qlewood Hear It! See It! REPORT IT!!! www.englewoodco.gov I www .englewoodgov.org/police-comm unity-relations I www.nextdoor.com Ihttp://www.englewoodgov.org/online-police-reports 1 • PROCLAMATION WHEREAS, the government of the City of Englewood, Colorado, celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 28 .8 million small businesses in the United States, they represent 99.7 percent of new jobs created over the past 20 years; and WHEREAS, small businesses employ 49 percent of all businesses with employees in the United States; and WHEREAS, 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; and WHEREAS, 87 percent of consumers in the United States agree that small businesses are critical to the overall economic health of the United States; and WHEREAS, 93 percent of consumers in the United States agree that it is important for people to support the small businesses that they value in their community; and • WHEREAS, the City of Englewood, Colorado supports our local businesses that create jobs, • boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW THEREFORE, I, Joe Jefferson, Mayor of the City of Englewood, Colorado, hereby proclaim November 26, 2016, as: SMALL BUSINESS SATURDAY in the City of Englewood, Colorado, and urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. GIVEN under my hand and seal this 7th day of November, 2016. Joe Jefferson, Mayor Dear Mayor Jefferson, Women Impacting Public Policy (WIPP) and the Small Business Saturday Coalition are seeking your Mayoral support for Small Business Saturday, the national effort to drive consumers to shop at local independently owned businesses on the Saturday after Thanksgiving, November 26, 2016 . Specifically we request that your office issue a proclamation promoting Small Business Saturday in Englewood. As a supporting community, you will be listed on the ShopSmall.com website. We invite you to join in demonstrating your commitment to the small business constituents you serve . Falling between Black Friday and Cyber Monday, we believe that Small Business Saturday is essential to the preservation of the neighborhoods that compose the landscape of your local economy and enrich its unique culture . I have attached a Small Business Saturday overview and sample proclamation you can use to further amplify your support of small businesses in Englewood. In 2015, 551 Mayors and City Officials joined together to support Small Business Saturday. Below are some highlights of the success Mayors helped create last year: • Consumers aware of Small Business Saturday spent a total of $16.2 billion with independent merchants on Small Business Saturday. • Over 425 organizations joined the Small Business Saturday Coalition . • More than 95 million consumers shopped at small businesses on Small Business Saturday. • More than 4100 Neighborhood Champions around the country rallied local businesses and created events in their communities . • More than 685,000 free online tools and materials were accessed by small business owners on shopsmall.com to help get the word out about Small Business Saturday. If you would like additional information about Small Business Saturday and the initiative to shop small and local, please do contact me at (415) 434-4314 or pwoo@wipp .org . We are very hopeful that you will say "Yes!" As soon as we receive your reply and a copy of your signed proclamation, we will add you to the list of Small Business Saturday 2016 supporters. Please note we must receive a copy of your signed proclamation via email or mail by November 17, 2016 for listing on the Shop Small website. Thank you for your consideration, Pam Pam Woo Small Business Saturday Coalition Senior Director of Finance and Operations, Women Impacting Public Policy (WIPP) PO Box 31279 , San Francisco , CA 94131 Phone : (415) 434-4314-Fax: (415) 434-4331 pwoo@WIPP .org -www.WIPP .org -www.ShopSmall.com 2 • • • • • • WHAT IS SMALL BUSINESS SATURDAY? Small Business Saturday SM was created in 2010 in res po nse to sma ll business owne r s' most p r essing need: more customers. Fall ing be twee n Bla ck Friday and Cyber Monday , it's a day t o support the loc al businesses t hat create jobs. boost the economy and preserve neighborh oods aro und the coun t ry . It has since become a nation-wide, we ll- known ce lebrated event on the nationa l ca lendar with support from ele ct ed officia ls, public and private organizations. WHY SUPPORT SMALL BUSINESS SATURDAY? • Demonstrates commitment to the commun ities in wh ich we li ve • Creates goodw ill wit hin the co mmu nit ies • When we support sma ll business. job s are crea ted and loca l communit ies preserve their unique cu lt ure WHAT PEOPLE ACROSS THE NATION ARE SAYING ABOUT 2015 SMALL BUSINESS SATURDAY*: "Small Business Saturday wa s an amazing experience for everyone involved From the business owners, to the guests. everyone f elt a great pride in their community and appreciated the opportunity to find companies that are local to them. I can't wait for next year'" -Syd Suntha of Bread and Ci rcuses in Seatt le, WA "At Cliche Noe Gifts+ Home, Small Business Saturday is a very important kick -off to the holiday season and we have double staff all day long to provide that level of service we base our reputation on every day. We find local people coming into the shop especially to support us on that day. Does all this grow our business.? Is it worth the time and trouble? We certainly think so. " -Dani Sheehan -Meyer. Cli che Noe Gifts+ Hom e in San Francis co. CA "The holiday shopping season 1s a critical time for our small business owners. Consumers have more choices everyday about where to spend their money and the savvy shoppers know that shopping small impacts their community 's economy. Last year. 50% of businesses participating 1n the Small Busin ess Saturday campaign responded that it had a significant positive impact on their business. " -Charlotte Gi ll. Sta y Local in New Or lea ns, LA •''If you would lik e to include any of this content please reach out to meganh@mbooth.com 2015 SMALL BUSINESS SATURDAY FACTS: • More than 95 m illion consumers shopped at sma ll businesses on Sma ll Business Saturday in 2015. marking an eight percent increase from 2014 • The U.S. Senate unanimously passed a reso lution recognizing November 28. 2015 as Small Business Saturday, supporting efforts to encourage consumers to s hop locally . increa se awareness of t he value of loca ll y owned sma ll businesses and high ligh t these businesses' impact on the economy of the United States • Elected officia ls in all 50 states and Washington. D.C. -including Pres ident Obama and many senior government officials - championed Sma ll Business Saturday • More than 4.100 Ne ighborhood Champions around the country ra ll ied loca l bus inesses and created events and activities in their communities • 425 sma ll business advocate groups supported the nationwide initiative • Near ly 100 corporations. including FedEx. Eventbrite. Microsoft. and Ye lp. banded together with American Express to promote shopp ing at sma ll businesses for Sma ll Business Saturday • In the month of November. there were 85 mi lli on socia l media engagements in support of Sma ll Business Saturday. many using the hashtags #SmallBizSat and #ShopSma ll • JOIN THE COALITION: • ------------- Bui lding on the success o f the previous six years. we plan to sca le this year's Sma ll Business Saturday by expanding the coalition of supporters and creating more loca l events around the country. This inc lu des support from advocacy organizations that jo in the initiative to motivate constituents through incentives and offers to Shop Sma ll on November 26. 2016. The coa lition wi ll be led by Women Impactin g Pub li c Policy , a business advocacy organization representing smal l businesses. Join Us! CONTACT INFO: Jason Lalak. Vice President. Women Impacting Public Po li cy (W IPP) !P hon e (415) 434-43141 Emai l : Jla lak@wipp.org • • COUNCIL COMMUNICATION Date November 7, 2016 INITIATED BY Agenda Item 9ai Littleton/Englewood Wastewater Treatment Plant COUNCIL GOAL AND PREVIOUS COUNCIL ACTION STAFF SOURCE Subject Colorado Environmental Leadership Program - Memorandum of Understandinq Dennis W . Stowe, Plant Manager Jim Tallent , Treatment Division Manager There is no previous Council action for this item . The goal for this action is to approve a Memorandum of Understanding for this program . RECOMMENDED ACTION The recommended action is to approve, by Ordinance, a Memorandum of Understanding with the Colorado Department of Public Health and Environment's Environmental Leadership Program . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The Colorado Environmental Leadership Program (ELP) is a voluntary program that encourages and rewards superior environmental performers that go beyond the requirements of environmental regulations and move toward the goal of sustainability . The program is open to all Colorado businesses , industries, offices , educational institutions , • municipalities, government agencies , community, not-for-profit and other organizations . Currently , the program consists of three tiers, Bronze , Silver and Gold . There is NO cost to participate . In 2016 , the Littleton/Englewood Wastewater Treatment Plant submitted an application to the ELP for recognition as a Silver Partner, and was accepted at this level. FINANCIAL IMPACT There is no financial impact of this program . LIST OF ATTACHMENTS Program acceptance letter Silver Partner Certificate Press release • • • e COLORADO . 1 : Depart;numt of ~bUc Health fl Envifonrnent Dedicated to protecting and improving the health a.fld envtronment of the people of Colorado Mr . Dennis W. Stowe Littleton/Englewood Wastewater Treatment Plant 7700 South Broadway Littleton, CO 80122 8/31/16 Subject: Acceptance Into Colorado's Environmental Leadership Program Dear Mr. Stowe; It is with great pleasure that I welcome Littleton/Englewood Wastewater Treatment Plant as a Silver Partner to the Colorado Department of Public Health and Environment's (the department), Environmental Leadership Program (program). Congratulations and thank you for the effort and dedication Littleton/Englewood Wastewater Treatment Plant has brought to environmental issues In Colorado. The program is about creating partnerships among businesse!i. governments and organizations . The goal ls to foster good relationships, reward environmental performance and create a healthier, cleaner and more sustainable Colorado. We look forward to working with Littleton/Englewood Wastewater Treatment Plant in the coming year(s) to promote the type of commitment and environmental performance your facility demonstrates on a daily basis. Again, congratulations and welcome to the program. I encourage you to contact Lynette Myers, Administrator of the Colorado Environmental Leadership Program, at (303) 692·3477 or Lynette.Myers@state.co.us at any time with questions you may have related to the program. Sincerely, ~ fckenlooper . ~ cc: Dr. Larry Wolk, Executive Director &. Chief Medical Officer, Colorado Department of Public Health and Environment Jeff Lawrence, Director, Division of Environmental Health and Sustainability, Colorado Department of Public Health and Environment 4300 Cherry Creek Drive S,, Denver, CO 80246·1530 P 303·692·2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor i Larry Wol~, MD, MSPH, Executive Director and Chief Medical Officer IAT c L Et1vironmental Lead,ershitJ Proaran1 r _... ., ·r·":O-r-or1n1....,,p C'" . \_.. \.__ ' . . "·.....J .1 •J 'f .• <...... ,_.. ...) ....! Littleton/Englew-ood WasteV\Tater Treat:rnent Plant • .20 1· E~ Silver Partner cg~t~~- 1 ,,.,, / / ,;' {' • COLORADO Office o f Commun,icat ions News @cdphe f acebook . com I cdphe colorado. gov I cdphe/ cdphenews Mark Salley, Communications Director I 303-692-2013 mark.salley@state.co .us FOR IMMEDIATE RELEASE: Oct. 4, 2016 169 Colorado companies to be recognized as environmental leaders DENVER -The Colorado Department of Public Health and Environment will recognize 169 companies Oct. 5 for outstanding environmental achievements that help keep Colorado a desirable place to work and live. The department, in partnership with the Pollution Prevention Advisory Board and the Colorado Environmental Partnership, will present the 17th annual Environmental Leadership Awards at the McNichols Civic Center Building . More than 400 government, business and community leaders are expected to attend. The awards recognize Colorado organizations with gold, silver and bronze designations for voluntarily going beyond compliance with state and federal regulations and for their commitment to continual environmental improvement. "We are proud to recognize all of Colorado's environmental leaders and work with them to reduce barriers to innovation while protecting public health and the environment," said department Executive Di rector and Chief Medical Officer Dr. Larry Wolk. This year 's program will recognize 15 new Gold Leaders, which join 90 other companies and organizations already designated as Gold Leaders. The new Gold Leaders include Gates Company, Prologis and Vail Public Library. There currently are 37 companies designated as Silver Partners and 27 companies designated as Bronze Achievers . The 2016 24-Karat Gold Award winner will be named at the event. 24-Karat Gold Award winners are individuals or teams, nominated by other Gold Leaders, who have gone above and beyond required job duties to create and implement a program or initiative that made a measurable contribution to the environment, the economy and society ~ The Colorado Environmental Leadership Program is open to all Colorado businesses, industries , offices, educational institutions, municipalities, government agencies, communities, nonprofits and other organizations. For a complete list of organizations with gold, silver and bronze designations and summaries of their environmental efforts, please contact Lynette Myers, Environmental Leadership Program manager , at lynette.myers@state.co.us, or visit the department's Environmental Leadership Program website. --30-- • • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCJL BlLL NO. 45 INTRODUCED BY COUNCJL MEMBER ------- ABJLLFOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL MEMORANDUM OF AGREEMENT WITH THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE CITY OF ENGLEWOOD, COLORADO IMPLEMENTING THE COLORADO ENVIRONMENT AL LEADERSHIP PROGRAM . 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 Colorado Environmental Leadership Program (ELP) is a voluntary program that encourages and rewards superior environmental performers that go beyond the requirements of environmental regulations and move toward the goal of sustainability; and WHEREAS, the Colorado Environmental Leadership Program is open to all Colorado business, industries, offices, educational institutions, municipalities, government agencies, community, not-for-profit and other organizations; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant submitted an application to the Colorado Environmental Leadership Program and has obtained admission as a Silver Partner into the Colorado Environmental Leadership Program; and WHEREAS, the passage ofthis Ordinance authorizes the intergovernmental Memorandum of Agreement between the Colorado Department of Public Health and Environment and Littleton/Englewood Wastewater Treatment Plant concerning participation in the Colorado Environmental Leadership Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCJL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado herel:>y authorizes the Memorandum of Agreement between the Colorado Department of Public Health and Environment and the Littleton/Englewood Wastewater Treatment Plant concerning participation in the Colorado Environmental Leadership Program, attached hereto as "Exhibit A". Introduced, read in full , and passed on first reading on the 7th day of November, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of November, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of November, 2016 for thirty (30) days. 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 7th day of November, 2016 . Loucrishia A. Ellis • • • • • • COLORADO Environmental Leadership Program MEMORANDUM OF AGREEMENT Between THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT And LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT Concerning PARTICIPATION IN THE COLORADO ENVIRONMENTAL LEADERSHIP PROGRAM I. The Colorado Environmental Leadership Program (program) is a voluntary program that provides the regulated environmental community with incentives to go beyond basic compliance with environmental laws and regulations. Applicants must meet all program requirements to obtain admission into the program. II. Acceptance into the program renders the participant eligible for various incentives set forth in department policy; however, the program does not guarantee to the participant all the incentives listed in the policy. Ill. By entering into this Memorandum of Agreement (agreement), the department recognizes that the Littleton/Englewood Wastewater Treatment Plant has met all of the application requirements of the program. IV. By entering into this agreement, the Littleton/Englewood Wastewater Treatment Plant agrees to abide by the requirements for participating in the program and to any commitments made to the department during the application negotiation process. V. This agreement shall expire three years from the date of issuance. Date of issuance: August 31, 2016 ~r~, MD, :c=Q Executive Director and Chief Medical Officer Colorado Department of Public Health and Environment x Dennis W. Stowe Littleton/Englewood Wastewater Treatment Plant 4300 Cherry Creek Drive S., Denver, CO 80246·1530 P 303"692·2000 www.colorado.gov/cdphe John W. Hickenlooper , Governor ' Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer E x ... I B I T A • olorado Environmental · Leadership Program (ELP) Handbook • • • • • COLORADO ENVIRONMENTAL LEADERSHIP PROGRAM HANDBOOK Page 1.0 Purpose 1 2.0 Definitions 2 3.0 Eligibility Requirements 5 4.0 Requirements for Supporting Role 7 5.0 Application and/or Nomination to the ELP Process 7 6.0 Retention, Probation and Termination of Designation/Benefits 10 7.0 Probation or Termination of Program Tier Designation and Benefits 12 8.0 ELP Benefits 12 Appendix A -Environmental Management System (EMS) Requirements 14 Appendix B -Incentives Table 21 Website: https:I/www.colorado.gov/pacific/ cdphe/ environmental-leadership -program Phone: 303-692-3477 Email: Lynette.Myers@state.co.us 2 1.0 PURPOSE The Environmental Leadership Program (ELP) is a voluntary program that encourages and rewards su· • perior environmental performers that go beyond the requirements of environmental regulations and move toward the goal of sustainability. The program is open to all Colorado businesses, industries, offices, educational institutions, municipalities, government agencies, community, not-for-profit and other organizations. Currently, the program consists of three tiers, Bronze, Silver and Gold. The purpose of this document, The Colorado Environmental Leadership Program (ELP) Handbook, is to provide a central reference for policies and procedures associated with Colorado's ELP. The Hand- book summarizes information on current aspects of program implementation, including eligibility re- quirements and member incentives. To further clarify and interpret program criteria, guidance infor- mation is also provided and clearly marked as "guidance". The Handbook is a perennial "working document" that will be maintained primarily in electronic form so that program updates can be incor- porated into it quickly and frequently. 2.0 DEFINITIONS As used in this document, unless otherwise specified or the context otherwise requires, the following definitions are provided: 1. Advisor -any entity that at a minimum complies with the mandatory elements in- cluded in this document and has been so designated by the department as an Advisor to the ELP. 2. Advocate -any entity that at a minimum complies with the mandatory elements in- cluded in this document and has been so designated by the department as an Advo- cate of the ELP. 3. Applicable environmental requirements -the federal and state environmental stat- utes, regulations and policies applicable to the entity. 4. Aspects -those processes, products and activities over which an entity has control and that can or has the potential to positively or negatively interact with the environ- ment. 5. Auditor -a person that is qualified to conduct an EMS audit at the facility. Auditors can be internal or external auditors. An internal auditor is a person that is employed at the facility being audited and is qualified, as determined by the facility, to con- duct an EMS audit at the facility; an external auditor is a person that is not employed at the facility being audited and is qualified, as determined by the department, to audit for conformance of the EMS to the criteria set forth in this document. 6. Bronze Tier -an Environmental Achiever or the entry-level tier of the ELP. 7. Department -the Colorado Department of Public Health and Environment. 8. Entity -any facility of a corporation, partnership, sole proprietorship, municipality, county, city, city and county, special district, educational institution, not-for-profit, or state or federal department or agency located and doing business in Colorado. 9. Environmental Achiever -a Bronze Tier designation under the ELP designed to rec- ognize entities that have made significant achievements in improving the environ- ment in Colorado. 10. Environmental Leader -any entity that at a minimum complies with the mandatory elements included in this document and has been so designated by the department to the Gold Tier of the ELP. 11. Environmental Leadership Program (ELP) -the bronze, silver, gold tiers of the de- partment's recognition and reward program. 3 • • I I • • • 12. Environmental management system (EMS) • part of an overall management system that identifies and addresses environmental concerns through the allocation of resources, as- signment of responsibilities and ongoing evaluation of practices, processes and procedures to achieve sound environmental performance. 13. Environmental management system audit · a systematic, independent, and documented verification process, conducted by an EMS auditor, which objectively obtains and evaluates evidence to determine whether an entity's EMS conforms to the requirements of an EMS as defined in this document. 14. Environmental Partner· any entity that at a minimum complies with the mandatory ele- ments included in this document and has been designated by the department to the Silver Tier of the ELP. 15. Environmental Steward· any entity that at a minimum complies with the mandatory ele· ments included in this document and has been designated by the department to the Plati· num Tier of the ELP. 16. Executive Director • the executive director of the Colorado Department of Public Health &. Environment. 17. Facility · all contiguous property, land and structures under the control of the owner or operator and used for a designated purpose. 18. Gold Tier · an Environmental Leader of the ELP. 19. Impacts · positive or negative changes that occur in the environment as a result of the as- pects. 20. Objectives • overall environmental goals set by the entity to mitigate impacts and lead to improved environmental performance. 21. Pollution prevention · eliminating or minimizing the initial generation of waste at the source or using environmentally sound on-site and off-site reuse or recycling. Waste treat· ment, release or disposal is not considered pollution prevention. 22. Program tiers· the Bronze, Silver, and Gold tiers of the ELP. 23. Responsible official • an individual who has the authority to sign and certify on behalf of an applicant to the ELP the truth, accuracy and completeness of the application or compli· ance forms. 24. Serious violation · a violation that is prone to cause significant impact to human health or to the environment, which may include, but is not limited to: violation of a consent order; failure to obtain a permit or license; a knowing violation; failure to respond to official re· quest for information; or multiple (environmental) violations. A conviction for criminal violations or under investigation for criminal violations of applicable environmental laws, or out-of-court settlements of formal charges, including falsely certifying compliance and knowing violations; or an on-going EPA or state-initiated litigation. 25. Significant environmental achievement· a meaningful improvement in the environment by implementing an operational change, product replacement, new technology, business practice or other innovative measure that results in an improvement to air quality, water quality, a reduction in water use, solid or hazardous waste generated, energy usage, pol- lution prevention, an Energy Star certification, etc. 26. Significant impacts · the impacts as determined by an entity that could cause significant changes in the environment or cause harm to public health. 27. Silver Tier· an Environmental Partner of the ELP. 28. Substantial compliance· an entity is committed to maintaining compliance with applica- ble state and federal environmental regulations, as necessary, to qualify for the ELP. 29. Supporting role· participation in the ELP either as an Advisor or an Advocate. 4 30. Targets -specific goals that are set to meet the objectives. 31. Waste -any material or other resource that is not incorporated into a product, such • as surplus, obsolete, off-specification, contaminated or unused material and in- cludes any of the following: air emissions, water discharges, hazardous waste and solid waste. 3.0 ELIGIBILITY REQUIREMENTS Requirements for Program Tier Status Those entities that operate in Colorado and voluntarily seek or agree to designation in one of the pro- gram tiers must meet the compliance and beyond-compliance eligibility requirements below. 1 Compliance-Related Requirements Compliance-related eligibility requirements for an entity that voluntarily seeks or agrees to designation at one of the program tiers of the Environmental Leadership Pro- gram can be found in below. Requirement Period of Time Bronze Silver An entity may not be eligible to participate in the program if • • there has been a pattern of regulatory or permit violations, no- tices of violation, civil penalties and/or criminal penalties and significant compliance advisories (or informal enforcement ac- tions) that indicate a lack of commitment to environmental leadership. Evidence of no serious violations of applicable local, state and One One federal environmental laws and permits for a period of time year year immediately prior to the date of submission of the application for participation in the program. No conviction of environmental laws or out-of-court settlements Two Two of formal charges of criminal violations within a period of time years years before filing the application. No settlement agreement has been entered into and no compli-One One ance or consent order has been issued for serious violations of year year environmental laws and permits for a period of time immedi- ately prior to the date of submission of the application for par- ticipation in the program. Any entity that applies for the program and is part of a corpora-N/ A N/A tion, partnership, sole proprietorship, municipality, county, city and county, special district, or state or federal agency or de- partment that has other Colorado facilities may not be eligible for the program unless all of the said Colorado facilities are in compliance with applicable local, state and federal environ- mental laws and regulations. This provision will be looked at on a case-by-case basis. Gold • Three years Five years Three years At time of appli- cation *Compliance history and the evaluation of commitment to the environment will be de- termined on a case-by-case basis by ELP and Department environmental staff and man- • agement. • 5 • • • 2. Beyond-Compliance Requirements In addition to the compliance-related requirements, there are beyond-compliance require- ments for each of the program tiers. These requirements are described below. A. Bronze Achiever An entity is nominated to the Bronze Tier of the ELP for making a significant achieve- ment(s) in improving the environment of Colorado. The areas of achievement, which must be beyond compliance, may include one or more of the following: • Improvement in air quality; • Improvement in water quality; • Reducing water usage; • Reducing energy use (e.g. an Energy Star achievement); • Solid and/or hazardous waste reductions; • Implementing pollution prevention actions; • Land use improvements or protection; • Environmental education, outreach or mentoring; and/or, • Other innovative measures which benefit the environment. B. Silver Partner An entity applying to the Silver Tier of the ELP must commit to develop and implement an environmental management system (EMS) within an agreed upon timeframe, not to exceed three years, in addition to meeting the requirements for "beyond-compliance" activities and programs. Certain milestones (at a minimum) must be met to remain in the program, however, an entity has the opportunity to apply to the Gold Tier sooner if they meet the following requirements: (NOTE: Not all requirements may apply and will be determined on a case-by-case basis). • By the end of year one the entity must, at a minimum, demonstrate "in process" EMS implementation steps beyond that of the time of applying to the program. • By the end of year two, the entity must, at a minimum, have in process additional portions of an EMS beyond that of the first year. • By the end of year three, the entity must have a fully functional EMS, conducted a third party audit and comply with all the requirements listed in Appendix A. At such time, an entity may apply directly to the Gold Tier. NOTE: A Silver Level company may apply to the Gold level before the three year time- line should it meet the criteria requirements of the Gold level. C. Gold Leader To qualify for designation as a Gold Leader, an entity MUST: • Have in place a fully operational, facility-specific EMS. • Have completed at least one full cycle of an EMS that conforms to the criteria set forth in Appendix A (a full cycle includes planning, implementation and operation, checking and management review). • Have completed both an EMS and internal compliance audit. • Have completed a third-party assessment of the EMS. (Third-party assessments may be performed by a lead auditor in your parent company or by an independent audi- tor, but not by individuals who played a substantive role in developing the EMS for the facility). • Provide a summary, on-site review or some other documentation of an entity's EMS that demonstrates achievement of the criteria set forth in (Appendix A) . • Demonstrate "Past Achievements" in order to show commitment to improving envi- ronmental performance. In general, small entities (50 employees or less) will be asked to demonstrate one Past Achievement, and large entities four. 6 • Set continual environmental improvement goals "Future Commitments" as the means to achieve environmental excellence. Future Commitments should be based on a sound systematic approach to environmental decision-making and • goal setting, supported by measurable results. The number of Future commit- ments an entity must set depends on the size of the entity as determined by the department. hi general, small entities will be asked to set two continual im- provement goals and large entities four goals. Guidance: Continual environmental improvement goals should promote the following: (1) the elimination or reduction of waste at the source of generation; (2) redirection of waste streams for reuse or for substitution of commercial products; (3) environ- mentally sound on-site and off-site recycling programs; and, (4) beyond compliance activities and programs. Other goals may include attending or sponsoring environ- mental workshops, developing case studies, establishing pollution prevention net- works with suppliers or providing the department with pollution prevention infor- mation for possible publication or dissemination. Aspects are chosen by the facil- ity. Commitment for improvement should relate to the significant environmental aspects identified in the EMS and should take into account local environmental pri- orities and pollution prevention opportunities. Optional activWes or programs that qualify for continual environmental im- provement can include participating in mentoring opportunities with other compa- nies or organizations such as providing technical assistance and exchanging innova- tive technologies, attending or sponsoring workshops and developing case studies . 4.0 REQUIREMENTS FOR SUPPORTING ROLE The supporting role in the ELP is designed to enhance and complement the overall program. Those entities that operate in Colorado and agree to participate in a supplementary role as an Advocate or Advisor must meet the requirements outlined below. 1. Advisor This section applies to an individual or group that acts in an advisory capacity and assists in shaping the future of the ELP. Examples of existing or expected advisory capacities follow: • Pollution Prevention Advisory Board • Colorado Environmental Partnership (CEP) • Internal Advisory Panel The Internal Advisory Panel consists of representative(s) from each of the envi- ronmental divisions (Air Quality Control, Consumer Protection, Hazardous Materi- als and Waste Management, Water Quality Control) at the department. • External Advisory Panel The External Advisory Panel consists of current ELP Members. 2. Advocate This section applies to an individual or group that promotes and supports the ELP in a variety of ways. For example, an Advocate may be a consulting firm that provides a free training session to our members or a trade association that encourages nomina- tions and applications to the program or even a company that provides in-kind or fi- nancial contributions for the annual fall recognition event. 5.0 NOMINATION and/or APPLICATION TO THE ELP The program tiers are open to all Colorado businesses, industries, offices, educational institutions, municipalities, government agencies, community, not-for-profit and other organizations. An entity 7 • • • • • wishing to apply for designation in the Environmental Leadership Program shall follow the procedures set forth in this document . 1. Application and/or Nomination Form Submission Information There are currently three tiers of the ELP for which entities may apply: Bronze Achiever, Silver Partner and Gold Leader. To determine which of the existing program tiers is the best fit for your entity, see Section 3.0. Applicants are encouraged to submit forms elec- tronically. Applications and nomination forms should be sent to lynette.myers@state.co .us A. Bronze Achiever Nominations of candidates to the Bronze Tier of the program may be made by a prospective recipient, state or local inspectors or others with knowledge of the environmental achievement of the business or entity. The Bronze Nomination forms are accepted throughout the year. In order to be recognized in the current year at the fall awards event must complete and submit nominations by June 30th each year . B. Silver Partner To join the program at the Silver Tier, complete a Silver Environmental Leader- ship Application. Silver Partner Applications are accepted throughout the year. Entities wishing to be recognized in the current year at the fall awards event must complete and submit the application by June 30th of each year. C. Gold Leader To join the program at the Gold Tier, complete a Gold Environmental Leadership Application. (Application instructions are provided separately.) Gold Leader Ap· plications are accepted throughout the year, but applications are only processed once per year. Entities wishing to be recognized in the current year at the fall awards event must complete and submit applications by June 30th each year. 2. Nomination and/or Application Form Review Process The schedule for nomination and application form submittal and the review process for acceptance into the ELP is discussed below. The timelines outlined in this document are subject to change due to timeliness of expected responses, availability of department resources and other unforeseen circumstances. A person operating an entity in Colorado may reapply for consideration into the ELP at any time. A. Bronze Achiever 1. Nomination Submittal Nominations may be submitted at any time. Those organizations wishing to be recognized in the current year at the fall awards event must complete and submit nominations by June 30th of each year. 2. Nomination Receipt The department will contact the nominator (not the nominee) to acknowledge receipt and to provide a timeline for processing. 3. Nomination Internal Processing During the processing period, the department shall: • Review the nomination for completeness and request additional informa- tion as needed; • Conduct a compliance review of the nominee; • Consult with the advisory panel(s) on any nomination as necessary; 8 • If required, request that the internal/external advisory panel(s) pro- vide a recommendation for approval or denial of the nomination to the executive director of the department. 4. Acceptance Process The department will make a determination of acceptance or denial: If the department approves a nomination, a letter of acceptance will be sent to the nominator and nominee. If however, the nomination is de- nied, at a minimum, the nominator will be notified of the decision. 5. Incentive Rewards for Nominated Members Bronze Achiever recipients are eligible for the incentives listed in Appen- dix B (Environmental Leadership Program Incentives Table), for an entire year following receipt of the award. B. Silver Partner 1. Application Submittal Applications may be submitted at any time. Those organizations wishing to be recognized in the current year at the fall awards event must com- plete and submit nominations by June 30th of each year. 2. Application Internal Processing • The department will contact the applicant of receiving an application to acknowledge receipt and to provide a timeline for processing the application. • The department will complete an initial review of the application to ensure completeness of application. The department will contact the applicant to request additional information if necessary. • The department will conduct an environmental compliance review af- ter the June 30th deadline once all applications have been received. • The department will schedule a site visit, if necessary, upon receipt of a complete application. Guidance: During the application review process the department will con- duct a compliance review of each applicant and/or nomination to the ELP. The compliance review will include consulting available databases and enforcement sources including the EPA and local health departments to obtain compliance information. Prior to applying to the ELP, applicants are encouraged to assess their own compliance record. 3. Acceptance Process The department will make a determination of acceptance or denial: Within 90 days of the June Jdh deadline date and review of a complete application the department will notify the applicant, in writing, of the approval or denial of the applicant into the ELP. 4. Incentive Rewards for Nominated Members Silver Partner recipients are eligible for the incentives listed in Appendix B (Environmental Leadership Program Incentives Table), for three years following receipt of the Silver Status or until Gold Leader Membership is achieved (whichever comes first). C. Gold Leader 1. Application Internal Processing 9 • • • • • • • The department will contact the applicant of receiving an application to ac- knowledge receipt and to provide a timeline for processing the application . • The department will complete an initial review of the application to ensure completeness of application. • The department will contact the applicant to request additional information if necessary. • The department will conduct an environmental compliance review after the June 30th deadline once all applications have been received. • The department will schedule a site visit, if necessary within 60 days of the June 30th deadline date. Guidance: During the application review process the department will conduct a compliance review of each applicant and/or nomination to the ELP. The com- pliance review will include consulting available databases and enforcement sources including the EPA and local health departments to obtain compliance information. Prior to applying to the ELP, applicants are encouraged to assess their own compliance record. 2. Public Comment Period • The department will initiate a public comment period within 60 days of the June 30th deadline date. • As a Gold Leader candidate, the application and all related documentation will be made available for public review for a period of not less than 30 days. Public review, at a minimum, will include: posting a notice on the department's Internet site. The public notice will allow for comments to be made to the department. • The department will notify the applicant of all comments received. The documentation provided for public review includes a copy of the applicant's environmental policy. • Following close of the public comment period, the department will advise the applicant of any significant comment(s) that could impact eligibility. 3. Approval or Denial • Once significant comment(s) have been sufficiently addressed, the Adminis- trator will provide a recommendation for approval or denial of the applica- tion to the executive director of the department. • Within 90 days of the June 30th deadline of the application the department will notify the applicant, in writing, of the approval or denial of the appli- cant into the ELP. • There is no formal appeal of the executive director's final eligibility deci- sion. 4. Incentive Rewards for Nominated Members Gold Leader recipients are eligible for the incentives listed in Appendix B (Environmental Leadership Program Incentives Table), for the three year/ recognition period. 6.0 RETENTION AND RENEWAL OF PROGRAM TIER DESIGNATION AND BENEFIT 1. Requirements for Program Tier Status The requirements to retain a program tier status in the ELP are described below. If require- ments are not met, probation or termination of a member's status and incentives may result. (Refer to "7.0 Probation or Termination of Program Tier Designation and Benefits"). 2. Tier-Specific Retention and Renewal Requirements 10 In addition to compliance requirements, there are also specific retention and renewal re- quirements for each tier of the ELP. More information is provided below. A. Bronze Achiever • Bronze Achiever awards are honored for at least a one-year period from receipt of notification of award from the department. • Bronze Achiever awards are NOT automatically renewed. A nomination form docu- menting further achievements may be submitted to the department for considera- tion of a subsequent Bronze Achiever award. B. Silver Partner 1. Retention/ Annual Progress Report Silver Partners are recognized for a maximum of three years unless Gold Level Status is achieved sooner. Silver status shall not exceed three years (see provision for a request of extension below). To retain status as a Silver Partner, an entity must: • Continue to progress implementation of an EMS as required by the Eligibility Re- quirements in section 3.0 of this Handbook. • Non-participation and/or not meeting the required milestones may lead to pro- bation or termination of a member's designation. 2. Completion of the Silver Partner Requirements Once all requirements are met within the three-year period (or sooner), Silver Part- ners may submit a Gold Environmental Leadership Program Application to the de- partment to achieve Gold Level Status . The application will be treated as a Gold Leader Application as stated in section 4.0 "Nomination/ Application to the Environ- mental Leadership Program" of this handbook. 3. Extension of three year Recognition In the event a Silver Leader Company may need an extension of the three year maximum status, formal request must be made to the ELP Administrator. Determi- nations of each request will be handled on a case -by-case basis. Possible requests for extension may include: • Regulatory/Compliance "three year clean compliance record concerns"; • Economic/Resources issues for implementing and EMS. C. Gold Leader 1. Retention/ Annual Progress Report Gold Leaders are honored for three years and may renew their membership. To retain status as a Gold Leader, an entity must: • Continue to maintain and implement an EMS as required by (Appendix A) of this document. A pattern of non-conformances may lead to probation or termina- tion of a member's designation. • Annually report metrics and goals to the ELP in order to track progress towards continuous improvement goals and explain any unmet goals or changes in com- mitments. 2. Renewal On the three year anniversary year, Gold Leaders are required to submit a Gold Leader Renewal Application , by June 30th of that same year. 3. Change of Ownership In the case of a change of ownership, the department may consider the environ- mental record of the new owner in determining whether the criteria in this docu- ment are met. The department should be notified at least 30 days prior to a 11 • • • • • • 7.0 change of ownership with instructions as to membership status (e.g., remain in program or terminate membership) . PROBATION OR TERMINATION OF PROGRAM TIER DESIGNATION AND BENEFITS 1. Environmental Compliance To retain program tier status in the ELP, entities must endeavor to maintain substantial compliance with applicable environmental regulations while in the program. The execu- tive director of the department may place a member on probation or terminate its ELP designation for any of the following environmental compliance issues: • The ELP member has been convicted of a criminal violation of applicable environ- mental requirements; • The ELP member has been assessed a significant civil or administrative penalty or dam· ages for violation(s) of environmental requirements; • The ELP member has been found by a court of appropriate jurisdiction to have been responsible for an illegal action that caused substantial endangerment to public health or to the environment; or, • The ELP member was found by the executive director to have failed to promptly or adequately correct and resolve a violation of applicable environmental requirements. 2. ELP Program Compliance In addition to Environmental Compliance, entities must maintain deadline dates for reten- tion and renewal requirements. The executive director of the department may place a member on probation or terminate ELP designation for any of the following ELP Program compliance issues: • The ELP member has failed to submit Reports and/or applications as required by the tier level; • The ELP member has failed to submit a Renewal Request application as required by the tier level; • The ELP member has not completed the above mentioned requirements as appropriate. 3. Probation The executive director will advise the ELP member of his/her intent to place the ELP member on probation not less than 30 days before the action occurs. Length of probation and actions required will be determined on a case-by-case basis. There is no formal ap- peal of the executive director's probation decision. Possible actions may include: • Member must refrain from using ELP logo; • Existing incentives may be restricted or terminated; and • Requested incentives may be postponed or denied. 4. Termination ELP status will be terminated at the written request of the entity at any time or if the member fails to renew its application. In cases other than those listed in the paragraph directly above, the executive director will advise the ELP member of intent to terminate the ELP designation not less than 30 days before the action occurs. Upon termination from the ELP, the department will terminate or restrict all benefits provided to the former ELP member, as determined by the executive director. 8.0 ENVIRONMENTAL LEADERSHIP PROGRAM BENEFITS Colorado's ELP members are recognized as entities that inspire and challenge other organizations to higher levels of environmental performance . The voluntary and substantial commitments that mem- bers make with respect to environmental protection are recognized and valued commitments to the state of Colorado. In exchange, the department provides a number of guaranteed and potential benefits as set forth in department policy (see Appendix B). Entities interested in any of the listed 12 potential incentives, or interested in proposing an alternative incentive not included on the incen· tives table in (Appendix B), should contact the ELP to determine feasibility and discuss the details of finalizing an incentive(s) agreement. 13 • • • • APPENDIX A ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) REQUIREMENTS • • 14 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) REQUIREMENTS • (Note: This section closely reflects the ISO 14001 (2004) requirements.) Guidance: There are many models of EMSs. The department considers an EMS to be a flexible system designed to continually manage and reduce an entity's environmental impact. The complexity of an EMS can range from simpler and more streamlined for smaller, less complex organizations and busi- nesses to very comprehensive for larger, more complex entities. Regardless of complexity, all EMSs must identify and rank the full spectrum of an entity's environmental impacts and all applicable en- vironmental legal and regulatory obligations. The EMS must be fully supported by and incorporated into the existing management structure of a company or entity and must be appropriate to the na- ture, scale and potential environmental impacts of an operation or entity. The department's EMS framework is similar to ISO 14001, but certification to the international standard is not required by the department. 1. Environmental Policy An environmental policy statement should demonstrate a high tier of commitment to environ- mental management through the establishment of guiding principles. The environmental pol- icy should be available to the public and be communicated to all employees who work for or on behalf of the entity. The environmental policy should be appropriate to the nature and scale of the entity or business and should include all of the following: • A commitment to environmental excellence and continual environmental improvement; • A commitment to pollution prevention; • Commitment to comply with applicable environmental regulations and other requirements; and, • A statement acknowledging the importance of communication with employees and the public. Guidance: The policy statement should be kept brief, appropriate to the scope of the EMS and meaning- ful to management, employees and to the entity as a whole. A brief description of the busi- ness or entity may be included in the policy statement. Procedures that convey how fre- quently a policy will be reviewed, who is responsible for reviewing the policy, how the policy is communicated to employees and how the policy will be made available to the public should also be developed. 2. Planning 2. 1 Environmental Aspects · Identification and prioritization of activities and the corre- sponding aspects that have or can have an impact on the environment. Guidance: Identifying environmental aspects and impacts can be one of the most challenging ele- ments of an EMS. Begin by identifying activities at the facility and the corresponding environmental aspect resulting from these activities. Include day-to-day operations, infrequent operations and activities related to potential accidents or emergencies. From this analysis the expected or likely environmental impact can then be identified. The impacts should be ranked to identify the most significant impacts. The EMS should include procedures to help identify both positive and negative actual or poten- tial environmental impacts and to ensure that the impacts and opportunities for envi- ronmental improvement are considered to determine significance and set environ- mental objectives. • From the comprehensive list of environmental impacts, the next step is to develop the • criteria that will be used to determine the significance of each impact. This step iden- tifies the aspects of an entity's operations that have or can have significant impacts on 15 • 2.2 • 2.3 2.4 • the environment. Guidance: The significant impacts will be used to develop other elements of the EMS in- cluding: setting environmental objectives and targets; developing operational proce- dures; training employees; and, establishing monitoring and measuring programs. A consistent methodology that includes criteria such as any related legal requirements, the likelihood of occurrence, the frequency, intensity, duration and offensiveness, or concerns of interested parties or the community of potential or real environmental impacts, should be considered. Once criteria are selected, a procedure to rank or score the criteria should be developed. The ranking can be numerical or based on a rating of high, medium or low. Regardless of the ranking or scoring system selected, it is important that each environmental impact is analyzed in a consistent way to de- velop a sound evaluation process Legal and other Requirements -A list of legal and other requirements should include all applicable environmental federal, state and local requirements related to its envi- ronmental aspects, including all applicable environmental permits and the terms and conditions contained therein. Company-specific requirements or other external re- quirements (e.g., community, customer, shareholders, etc.) should also be included with this list. An entity must also determine how these requirements apply to its envi- ronmental aspects. Guidance: Identifying and keeping up-to-date with legal and other requirements is important to the implementation and continued improvement of the EMS. A procedure should be developed to describe how to identify any environmental requirements that are appli- cable to the scope of the EMS. Consider federal, state and local requirements as well as all environmental permits, industrial codes of practice, agreements and non- regulatory guidelines. Tables that list regulatory and other requirements, including recordkeeping requirements and external regulatory inspections are helpful in track- ing and keeping up-to-date with legal and other requirements. Objectives and Targets -The EMS should include objectives and targets to help ad- dress environmental impacts in a definitive, systematic way. The target is a detailed performance requirement that supports a specific objective. Objectives and targets are often combined together into one procedure in the environmental management program. Each objective should be realistic, quantitative and measurable. Guidance: When establishing objectives, consider the following: significant aspects; the environ- mental policy; legal and other requirements; technological options; pollution preven- tion opportunities; financial, operational and business requirements; and views of in- terested parties and/or the surrounding community. Environmental Management Program(s) -An environmental management program is a systematic way of managing environmental objectives and targets. The program should focus on continual improvement and address significant impacts of an entity's activities. The program should include a list of roles and responsibilities for implemen- tation, maintenance and control of the EMS. Guidance: An action plan should be developed for achieving compliance and meeting objectives and targets. The action plan should define the steps that will be taken to achieve each stated objective and target, include who is responsible for meeting the target, the timeline for achieving milestones and the target date for completion. 16 3. Implementation and Operation 3.1 Structure and Responsibility -An EMS must define structure and responsibility. This element defines and documents roles and responsibilities for your entity. These roles and responsibilities must be clearly communicated to appropriate personnel. Guidance: ldent;fy all personnel respons;ble for actMUes that could have an ;mpact on the env;- ronment. The EMS should document roles, tnles and respons;bWt;es. The personnel respons;ble for serv;ng as management for purposes of rev;ew;ng the EMS should also be ;nctuded ;n th;s list. 3.2 Training, Awareness and Competence -Successful implementation of an EMS is de· pendent on a program that includes employee and supply chain training and aware- ness. Training is needed when the EMS is first implemented; new employees are hired; employee responsibilities change; procedures change; new processes or equipment is installed; suppliers are brought on-site, or new regulations are put in place. The EMS should include procedures that establish and maintain environmental training needs for all employees and subcontractors who have responsibility or authority over activities that have significant environmental impact or the potential for significant environ- mental impact. Guidance: • Employees (and suppUers) should be tra;ned on relevant elements of an EMS. Tra;n;ng should ;nctude ;nformation on the environmental policy, the signjficant environmental aspects of their activjties and related work instruct;ons, objecUves and targets, the;r EMS roles and respons;bWties, the emergency actfon plan and other pertinent infor-• mation related to the EMS. The EMS should identify and track the training needs of each employee (within the scope of the EMS). If questioned in the field, employees should be able to demonstrate competency about the EMS and their environmental responsibWties. 3.3 Communication -The EMS must include a communication plan for internal communi- cation and external community outreach and communication. Both a process and procedures for communicating information on environmental issues and the EMS to em- ployees and with the public, including the local community and interested groups, should be developed. Guidance: Environmental leaders should maintain a community outreach and communications plan to effectively communicate the environmental impact, objectives and targets of your business or entity and to address the community's perceptions and reactions to this information. Public communication and outreach activities can vary across facilities depending on the size, setting, type of operation or other sensitivities. At a minimum, public communication and outreach plans should include procedures for: (1) identifying and responding to community concerns; (2) informing the community of important mat· ters that might or do effect it; and, (3) reporting on the facility's environmental policy, EMS and performance commitments. Other communication efforts might include rais- ing environmental awareness in the community, providing or assisting with training, education or incentive methods that focus on environmental improvement and excel- lence in the community. Active communication with employees and the community help to convey: what an EMS is; what management's commitments are with respect to • environmental issues; the benefit(s) an EMS brings to the business or entity; and pro· gress in meeting objectives and targets. Communication plans and techniques will vary for each company or entity. 17 • • • 3.4 Environmental Management System Documentation -The EMS documentation element is designed to ensure that entities create and maintain documents in a manner sufficient to implement the EMS. Documentation can be maintained in paper or electronic form. 3.5 Guidance: The EMS documentation requirement can be met by development of an EMS manual. The manual should detail the overall structure of the EMS and ensure that the EMS is understood and operating as designed. EMS procedures should be either referenced, but not included in the manual, or incorporated consis- tently into the manual. Written procedures are not required for all elements of the EMS. A separate procedures document from the manual is a cleaner and clearer approach. The following diagram depicts a common document hierar- chy. Policy EMS Manual Procedures Work Instructions Records Document Control -Controlling documents is another important element of an EMS. An established document control process helps to track progress and im- provements. A procedure that describes how documents will be controlled and identifies personnel responsible for controlling EMS documentations should be included in the EMS. Guidance: Keep the document control process simple and within easy access. Creating a master EMS document list may be helpful. Documents should be periodically reviewed and revised as necessary. Original documents should be dated and identified as the most recent version. Current versions of essential documents should be available at all locations as appropriate. One way to track docu- ments is to use headers with pertinent tracking information. Obsolete docu- ments should be removed from the working files, but retained when necessary for legal and or historical recordkeeping purposes. Reasonable precautions should be taken to protect original documents from damage, loss or other acci- dental events, such as fire or flood. Controlled documents include: the envi- ronmental policy; related procedures; and, records and forms used to imple- ment and track the EMS. 3.6 Operational Control -Operation and maintenance programs for equipment and other activities that are related to legal compliance and achieving the objec- tives and targets in the EMS should be included as part of the EMS. 3.7 Emergency Preparedness and Response -It is important to identify the poten- tial for and how to respond to accidents and emergency situation of environ- mental aspects. 18 Gujdance: The outcome should result in having documented procedures/instructions in place for • emergency type situations. They should be easy to reference and use, and all effected personnel understand how to react in emergency situations. It is important to include prevention and mitigation of environmental aspects of potential accidents and emer- gencies. Should an emergency situation arise, it is important to review and revise pro- cedures as applicable after the situation is controlled to ensure they are complete and accurate. 4. Checking and Corrective Action 4. 1 Monitoring and Measurement -Establish and maintain specific measurable metrics and/or goals to monitor progress toward achieving and obtaining goals. This data will be used to validate and support EMS efforts within the department and for other Envi- ronmental Stewardship Program needs (i.e., publications, presentations and information dissemination). Gujdance: The outcomes must be measurable and should be linked to the environmental policy, objectives and targets of a company or entity. Measurable goals might include: quan- tity of air pollution reduced or mitigated; quantity of water pollution reduced or miti- gated; quantity of hazardous and solid waste reduced or mitigated; quantity of water and energy use reductions; and, reduction in risk to employees and the community. For example, environmental performance might be reported in solid waste reduction in tons per year; hazardous pollutants (air, water, or waste) in pounds per year; water use reduction in gallons per year; energy use reduction in kWh per year; and, air pollut- ant reductions (C02, PM, and VOCs) in tons or pounds per year. Other measures might include pollution prevention performance information and community involvement • measures such as increased reporting to the community through public reports (i.e., sustainability or environmental reports), and community involvement in identifying goals of facility. 4.1. 2 A program should also be in place for ensuring equipment used for monitoring and measuring environmental conditions is calibrated according to the manu- facturer's recommendations. 4. 2 Nonconformance and corrective and preventive action -Establish and maintain proce- dures for investigating and correcting rionconformance. Gujdance: Identify the cause of the nonconformance. Implement the necessary corrective action. Implement and/or modify controls necessary to avoid repetition of the nonconfor- mance. Record any changes in written procedures resulting from the corrective action 4. 3 Records -Establish and maintain procedures to provide and require records to be kept. Guidance: Records should be identified, maintained and show disposition by determining reten- tion times. Records should be easily retrievable, legible and traceable. 4.4 Environmental Management System Audit -Procedures to provide for regular self- initiated regulatory compliance and EMS (systems) audits must be included in the EMS. Both internal and external or third party audits should be conducted on a regular basis. Effective mechanisms (procedures) should be in place to assess compliance with envi-• ronmental laws; assess conformance with the procedures and systems of the EMS; assure that effective mechanisms are in place to promptly and adequately respond to and ad- 19 • 4.5 • • dress violations of applicable environmental requirements or nonconformance of the EMS . Guidance: The entire EMS needs to be audited periodically to identify any inconsistencies between your EMS requirements and actual practices and measurements . An audit is an impor- tant tool to determine if your EMS is being properly maintained and implemented . Au- dits will help to identify and resolve EMS deficiencies and can be used to assess regula- tory compliance and to update environmental and legal requirements in the EMS. As a rule of thumb, all parts of the EMS and compliance related issues should be audited at least once each year. To be effective, the EMS should include: (1) audit procedures and protocols that are specific to your company and operations; (2) a schedule of appropri- ate audit frequencies; (3) auditor training; and, (4) appropriate audit records . The in- ternal and external EMS auditors should be trained in auditing techniques and manage - ment system concepts. Auditors should also be objective, knowledgeable of the appli- cable environmental regulations and of the facility operations. Management Review -Establish and maintain a procedure for management review of the EMS. Guidance: Reviews may include: (1) results from audits; (2) the extent to which objectives have been met; (3) the continuing suitability of the environmental management system in relation to changing conditions and information; (4) concerns amongst relevant inter- ested parties. The reviews should be documented/recorded . 20 APPENDIX B INCENTIVE TABLE 21 • • • ELP Incentive Table • Use of ELP Logo and Leadership Yes Yes Logo available for recognition ELP x Award purposes. Partnership with the state Yes Yes Add comfort level for members ELP x and internal employees. Invitation to Fall Recognition or Yes Yes Recognition ELP x similar event Public Recognition Yes Yes Recognition ELP x Provide press release and other Recognition and work to improve assistance on public/ Yes Yes ELP * comm unit outreach needs external relationships. Complementary registration to leadership forums and/ or re-Yes Yes Provide training ELP x duced fees for EMS training or other related training sessions Mentoring/partnership/ Yes Yes Organize workgroup meetings ELP x networking opportunities. Notice of rulemaking initia-Include members in the stake· tions. holder process for regulatory Yes Yes proposals -only those where a State * * stakeholder process is initi- ated. To the extent possible, assign same permit writer and inspec-Assign same inspector for two or tor for a site to ensure consis-Yes No three years. If requested by State x tent inspection, interpretation leadership company, allow per- and enforcement. mit writer to visit facility. One-stop multi -media inspec- tions One-stop visits. One-day inspec- Yes No tions with combined report, State * * * • where feasible . 22 Priority permitting for modifi-Include leadership logo on forms cations to the extent consistent (cover letter) for easy identifica- with backlog reduction require-Yes No tion. ELP members will be "red State x x ments and other statutory limi-tagged" in Air Database. tations. Allow sites to comply with only Case-by-case. Title V sources most stringent Leak Detection already allowed to streamline. and Repair (LOAR) require-Streamline using most stringent ments. Yes No requirement. Requires policy State * change, permit modification, EPA approval through permitting process? Expedited technical assistance. Yes No Expedite ELP member requests * where practicable. State Consolidated permitting -one EMS as a permit. Compliance is permit for all media. Pilot No baseline. Must remain in compli-State * ance with all applicable regula- tory requirements. *This table lists a variety of incentives potentially available to members of the Colorado Environmental Leadership Program . All optional incentives must be requested by ELP member. x **Pending further discussion. CDPHE has signed a Memorandum of Agreement with EPA to work together on developing incentives and other program benefits. 23 • • • ·I • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 7, 2016 9aii Marijuana Impact Grant Agreement Initiated By: Staff Source: Police Department Commander Vance Fender PREVIOUS COUNCIL ACTION On April 25, 2016, City Council gave permission to the Police Department to apply for the Marijuana Impact Grant Program. (On July 8, 2016, we were notified that we had been awarded the grant. On October 7, 2016, we received the Agreement from the Department of Local Affairs.) RECOMMENDED ACTION The Police Department is recommending that City Council approve an Ordinance on first reading authorizing a Grant Agreement between the State of Colorado Department of Local Affairs and the City of Englewood to receive funding for the Marijuana Impact Grant Program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The purpose of this program is to award grants to eligible local governments who do not allow the sale of retail marijuana within their jurisdiction (at the time application was made), but who are experiencing the impacts of retail marijuana from surrounding communities or any other illegal activity related to marijuana. The grant program has two key components: • Identify documented causational impacts to eligible local governments and determine grant dollars needed to reimburse for those impacts; and • In awarding grants, priority will be given to applicants who intend to use the grant funds for one or more of the following purposes: o To pay for additional law enforcement activities related to retail marijuana, including costs associated with increased arrests, increased traffic violations, and prevention of out-of-state diversions and trafficking of marijuana. Since the beginning of 2015, the Police Impact Team, Fire Marshal and Building and Safety Division have been tasked with investigating Marijuana Grow Operations (20+ cases) to verify compliance with local laws and building/fire codes . There is a significant concern in regards to the environment that our employees are being exposed to when conducting these investigations. This includes exposure to high levels of mold spores, low toxicity pesticides and other chemicals, carbon monoxide, and electrical hazards. Our grant request is for the purchase of Personal Protective Equipment (PPE) which will adequately protect our employees during these investigations. • FINANCIAL IMPACT The funding for this project ($12,436) will be provided by the State of Colorado Department of Local Affairs. LIST OF ATTACHMENTS Bill for an Ordinance Grant Award Letter Grant Agreement Exhibit B -Scope of Project • • • • • • COLORADO Department of Local Affairs Division o f Local Government June 30, 2016 The Honorable Joe Jefferson, Mayor City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: MJ 16-008 -City of Englewood Police Department Dear Mayor Jefferson: The Department of Local Affairs is in receipt of your application for state Marijuana Impact Grant Program funds. Your project was reviewed based on a variety of factors including: relationship to retail marijuana or illegal marijuana impacts, severity or urgency of need, local effort, demonstration of financial need, priority and outcomes, and Prescored value as calculated to the 2013 Health Kids Survey. Congratulations! After thorough review, I am pleased to offer you a grant award in the amount of $12,436. These grant funds will be from state marijuana tax proceeds , which may cause you to go to an election to receive and spend these funds. You should confer with your legal and budget advisors to determine if such an election is necessary. Please contact the Marijuana Grant Program Manager, Tamra Norton, at 303-864-7734 for information on how to proceed . As you know, no state funds or matching funds can be obligated before a grant contract is fully executed. Expenditure of any funds prior to the contract being fully executed cannot be included in the contract budget or reimbursed by the state . Consult the program manager prior to expending any funds . Per our program guidelines this offer is valid for one year from the date of this letter. I w ish you success with your project. Sincerely, ~~~ Irv Halter Executive Director cc: Jeff Sanchez, Deputy Police Chief, Englewood Police Department Clay Brown, DOLA Regional manager Governor John W . Hickenlooper i !rv Halter, Execut ive Director I Chantal Unfug , Division Di rector 1313 Sherman St r eet, Room 521, Denver , CO 80203 P 303.864.7720 TDD /TIY 303 .864 .7758 www .dota.colc r ado.gov Strengthening Colo rado Communit ies •• • • October 7, 2016 COLORADO Department ot Local Affairs Divl~ion o l Local Cov1;:rnmenl Joe Jefferson , Mayor City of Englewood Police Department 1000 Englewood Parkway Englewood, Colorado 80110 RE: MJ #16-008 -MJ #16-008 -Englewood PD Equipment 2016 Dear Mayor Jefferson: Attached is the grant contract packet for the above-referenced Marijuana Impact Grant Program project. If the contract is satisfactory as written, please print and sign the contract (original signatures only; no photocopies, stamped ore-signatures). The second page of this letter is a Return Routing Memorandum that includes a Grantee Checklist. Please use this document to facilitate the return of your grant packet documents. Using the Checklist will ensure that your contract has been signed by the appropriate person, that you have enclosed the correct number of documents for return to the State, that you have correctly addressed your return packet, and that you have notified us that your documents are on their way back to us . If you would like your copy of the fully executed grant contract to contain original signatures, please make sure you sign and return two (2) main grant agreements to us. If a photocopy of the originally signed fully executed grant contract is acceptable to you, then you need only sign and return one ( 1) main grant agreement to us. The State Controller requires hard copies and original signatures for contract execution . We cannot complete the execution of your grant documents without these . Until your grant contract is fully executed (~igned by all Parties), you may not incur any costs or expenses for this Project. If you have any questions about th'e.se grant packet documents or the contract execution process, please contact Tamra Norton , (303)864-7734, (tamra.norton@state .co .us) or me at (303) 864-7898 . Sincerely, John L. Mu r phy, J.D ., M.A. Contracts Coordinator Department of Local Affairs Enclosures Governor John W. Hickenlooper I Irv Halter, Executive Director I Chantal Unfug, Division Director 1313 Sherman Street, Room 521 , Denver, CO 80203 P 303 .864.n20 TDD/TIY 303 .864 .7758 www.dola.colorado.gov Strengthening Colorado Communities • ORDINANCE NO . SERIES OF 2016 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) AND THE CITY OF ENGLEWOOD, COLORADO WHEREAS, C .R.S 29-1-203 as well as Article XIV § 18(2) of the Colorado Constitution encourage governmental entities to make efficient and effective use of their powers and responsibilities through cooperation and the execution of intergovernmental agreements; and WHEREAS, this Grant exists in C.R.S . 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C .R.S. 24-32-117 (Marijuana Cash Fund) and a sufficient unencumbered balance thereof remains available for payment; and • WHEREAS, the City of Englewood applied for and has been awarded a Marijuana Impact • Grant of $12,436 .00; and WHEREAS, federal funds from the U.S . Department of Justice fund are used; and WHEREAS, the passage ofthis Ordinance authorizes acceptance of the Marijuana Impact Grant Funds from the State of Colorado Department of Local Affairs (DOLA) will be used by the Englewood Police Department to purchase equipment consisting of personal protection equipment, air monitor, and camera for the City of Englewood Police Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of a grant from the State of Colorado Department of Local Affairs (DOLA) to assist the Englewood Police Department in purchasing equipment consisting of the purchase of personal protection equipment, air monitor and camera to deal with the impacts from the sale, transfer, cultivation, or processing of retail marijuana or any illegal activity related to marijuana, attached hereto as "Exhibit A ". Section 2 . The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of November, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of • November, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of November, 2016 for thirty (30) days . 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 7th day of November, 2016. Loucrishia A. Ellis • • MJ # 16-008 -Englewood PD Equipment 2016 GRANT AGREEMENT Between STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And CITY OF ENGLEWOOD Summary:·· .. .:· .. Award Amount: $12,436 .00 Identification #s: Encumbrance #: Contract Management System #: Project Information: Project/Award Number: Project Name: Performance Period: Brief Description of Project I Assistance: Program & Funding Information: F17MJ16008 94733 MJ 16-008 (DOLA 's primary identification #) (State of Colorado 's tracking #) Englewood PD Equipment 2016 Start Date: End Date: 9/30/2017 The Project consists of the purchase of personal protection equipment, air monitor, and camera for the City of Englewood Police Department. Program Name Marijuana Impact Grant Program Funding source: State Funds Catalog of Federal Domestic Assistance (CFDA) Number (if federal funds): N I A Funding Account Codes: E x H I B I T A MJ # 16-008 -Englewood PD Equipment 2016 TABLE OF CONTENTS 1. PARTIES .............................................................................................................................................................................. 2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ................................................................................................. 2 3 . RECITALS ................................................................. : ......................................................................................................... 2 4 . DEFINITIONS ..................................................................................................................................................................... 3 5 . TERM ................................................................................................................................................................................... 4 6 . STATEMENT OF WORK ................................................................................................................................................... 5 7 . PAYMENTS TO GRANTEE ............................................................................................................................................... 5 8. REPORTING -NOTIFICATION ........................................................................................................................................ 6 9. GRANTEE RECORDS ........................................................................................................................................................ 6 10. CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................................................. 7 11 . CONFLICTS OF INTEREST ............................................................................................................................................ 8 12. REPRESENTATIONS AND WARRANTIES .................................................................................................................. 8 13. INSURANCE ..................................................................................................................................................................... 8 14. BREACH .......................................................................................................................................................................... 11 15. REMEDIES ...................................................................................................................................................................... 11 16. NOTICES andREPRESENTATIVES ............................................................................................................................. 14 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ........................................................................ 14 18. GOVERNMENTAL IMMUNITY ................................................................................................................................... 14 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .............................................................................................. 14 20 . RESTRICTION ON PUBLIC BENEFITS ....................................................................................................................... 15 21. GENERAL PROVISIONS ............................................................................................................................................... 15 22. COLORADO SPECIAL PROVISIONS .......................................................................................................................... 18 SIGNATURE PAGE .............................................................................................................................................................. 20 EXIDBIT A -RESERVED . EXHIBIT B -SCOPE OF PROJECT EXIDBIT C -RESERVED. EXIDBIT D -RESERVED . EXIDBIT E -RESERVED. EXHIBIT F -RESERVED. EXHIBIT G -FORM OF OPTION LETTER FORM I-RESERVED. 1. PARTIES This Agreement (hereinafter called "Grant") is entered into by and between the CITY OF ENGLEWOOD (hereinafter called "Grantee"), and the ST A TE OF COLORADO acting by and through the Department of Local Affairs for the benefit of the Division of Local Government (hereinafter called the "State" or "DOLA"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to (s ee checked option(s) below): A. [gl The Effective Date . B. 0 The Effective Date; provided, however , that all Project costs, if specifically authorized by the federal funding authority , incurred on or after March l, 20XX, may be submitted for reimbursement as if incurred after the Effective Date. C. 0 insert date for authorized Pre-agreement Costs (as such term is defined in §4), if specifically authorized by the funding authority . Such costs may be submitted for reimbursement as if incurred after the Effective Date. 3. RECITALS Page 2 of20 • • • MJ # 16-008 -Englewood PD Equipment 2016 A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 24-32-117 (Marijuana Tax Cash Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is described in Exhibit B. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Project and/or Work described in Exhibit B. B. Closeout Certification "Closeout Certification" means the Grantee's certification of completion of Work submitted on a form provided by the State. C. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6 and Exhibit B. D. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: i. Exhibit B (Scope of Project) ii. Exhibit G (Form of Option Letter) E. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. F. Grant "Grant" means this agreement, its terms and conditions, attached exhibits, documents incorporated by reference pursuant to the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. G. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. H. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. I. Pay Request(s) "Pay Request(s)" means the Grantee's reimbursement request(s) submitted on form(s) provided by the State. J. Pre-agreement costs "Pre-agreement costs," when applicable, means the costs incurred on or after the date as specified in §2 above, and prior to the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant application and specifically authorized by the State and incorporated herein pursuant to Exhibit B. K. Project "Project" means the overall project described in Exhibit B, which includes the Work. L. Project Closeout Page 3 of20 MJ # 16-008 -Englewood PD Equipment 2016 "Project Closeout" means the submission by the Grantee to the State of an actual final Pay Request, a final Status Report and a Closeout Certification. M. Program "Program" means the grant program specified on the first page of this Grant that provides the funding for this Grant. N. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit B. 0. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. P. Status Report(s) "Status Report(s)" means the Grantee's status report(s) on the Work/Project submitted on form(s) provided by the State. Q. Subcontractor "Subcontractor" means third-parties, if any, engaged by Grantee to carry out specific vendor related services. R. Subgrantee "Subgrantee" means third-parties, if any, engaged by Grantee to aid in performance of its obligations. Subgrantee is bound by the same overall programmatic and grant requirements as Grantee . S. Subject Property "Subject Property" means the real property, if any, for which Grant Funds are used to acquire, construct, or rehabilitate. T. Substantial Progress in the Work "Substantial Progress in the Work" means Grantee meets all deliverables and performance measures within the time frames specified in Exhibit B. U. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit B, including the performance of the Services and delivery of the Goods. V. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term-Work Commencement Unless otherwise permitted in §2 above, the Parties' respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on September 30, 2017 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two- month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. Page 4 of20 • • • MJ # 16-008 -Englewood PD Equipment 2016 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. Except as specified in §2 above, the State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $12,436.00 (TWELVE THOUSAND, FOUR HUNDRED THffiTY SIX and XX/100 DOLLARS), as determined by the State from available funds. Grantee agrees to provide arty additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit B. B. Payment i. Advance, Interim and Final Payments Any payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall not pay interest on Grantee invoices. The State shall fully pay each invoice within 45 days ofreceipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not fully appropriated, or otherwise become unavailable for this Grant, the State may immediately terminate this Grant in whole or in part to the extent of funding reduction without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B. Page 5 of20 MJ #16-008 -Englewood PD Equipment 2016 i. Budget Line Item Adjustments. Modifications to uses of such Grant Funds shall be made in accordance with §4.4 of Exhibit B. For line item adjustments, the State will provide written notice to Grantee in a form substantially equivalent to Exhibit G ("Option Letter"). If exercised, the provisions of the Option Letter shall become part of, and be incorporated into, this Grant. D. Matching/Leveraged Funds Grantee shall provide matching and/or leveraged funds in accordance with Exhibit B. 8. REPORTING -NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit B. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of DOLA. C. Performance Outside the State of Colorado and/or the United States [Not applicable if Grant Funds include any federal funds] Following the Effective Date, Grantee shall provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days of the earlier to occur of Grantee's decision to perform, or • its execution of an agreement with a Subgrantee to perform, Services outside the State of Colorado and/or • the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this §8.C shall be posted on the Colorado Department of Personnel & Administration's website. Knowing failure by Grantee to provide notice to the State under this §8.C shall constitute a material breach of this Grant. D. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. E. Subgrants/Subcontracts Copies of any and all subgrants and subcontracts entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants and subcontracts entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the "Record Retention Period") until the last to occur of the following: (i) a period of five years after the date this Grant is completed or terminated, or final payment is made hereunder, whichever is later, or • (ii) for such further period as may be necessary to resolve any pending matters, or Page 6 of20 MJ # 16-008 -Englewood PD Equipment 2016 (iii) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved. B. Inspection Grantee shall permit the State, the federal government (if Grant Funds include federal funds) and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of five years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension . If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government (if Grant Funds include federal funds), and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report Grantee shall provide a copy of its audit report(s) to DOLA as specified in Exhibit B. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State . D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. Page 7 of20 MJ # 16-008 -Englewood PD Equipment 2016 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder . Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority-Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities . Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each subgrant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee's liabilities under the GIA. Page 8 of20 • • • MJ # 16-008 -Englewood PD Equipment 2016 ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantees, Subgrantees and Subcontractors Grantee shall require each subgrant with Subgrantees and each contract with Subcontractors, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Workers' Compensation Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee, Subgrantee and Subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Malpractice/Professional Liability Insurance This section 0 shall i IZJ shall not apply to this Grant. Grantee, Subgrantees and Subcontractors shall maintain in full force and effect a Professional Liability Insurance Policy in the minimum amount of $1,000,000 per occurrence and $1,000,000 in the aggregate, written on an occurrence form, that provides coverage for its work undertaken pursuant to this Grant. If a policy written on an occurrence form is not commercially available, the claims-made policy shall remain in effect for the duration of this Grant and for at least two years beyond the completion and acceptance of the work under this Grant, or, alternatively, a two year extended reporting period must be purchased. The Grantee, Subgrantee or Subcontractor shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from such party's performance of professional services under this Grant, a subcontract or subgrant. v. Umbrella Liability Insurance For construction projects exceeding $10,000,000, Grantee, Subgrantees and Subcontractors shall maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described in §13B(i)-(iv) above. Coverage shall follow the terms of the underlying insurance, included the additional insured and waiver of subrogation provisions . The amounts of insurance required in subsections above may be satisfied by the Grantee, Subgrantee and Subcontractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified in each section previously mentioned. The insurance shall have a minimum amount of $5,000,000 per occurrence and $5,000,000 in the aggregate . vi. Property Insurance This subsection shall apply if Grant Funds are provided for the acquisition, construction, or rehabilitation of real property. Insurance on the buildings and other improvements now existing or hereafter erected on the premises and on the fixtures and personal property included in the Subject Property against loss by fire, other hazards covered by the so called "all risk" form of policy and such other perils as State shall from time to time require with respect to properties of the nature and in the geographical area of the Subject Property, and to be in an amount at least equal to the replacement cost value of the Subject Property. Grantor will at its sole cost and expense, from time to time and at any time, at the request of State provide State with evidence satisfactory to State of the replacement cost of the Subject Property. Page 9 of20 MJ #16-008-Englewood PD Equipment 2016 vii.Flood Insurance If the Subject Property or any part thereof is at any time located in a designated official flood hazard area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Subject Property and the personal property used in the operation thereof in an amount equal to the lesser of the amount required for property insurance identified in §vi above or the maximum limit of coverage made available with respect to such buildings and improvements and personal property under applicable federal laws and the regulations issued thereunder. viii. Builder's Risk Insurance This subsection shall apply if Grant Funds are provided for construction or rehabilitation of real property. Grantee, Subgrantee and/or Subcontractor shall purchase and maintain property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial construction/rehabilitation costs, plus value of subsequent modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the property owner has an insurable interest in the property. a) The insurance shall include interests of the property owner, Grantee, Subgrantee, Subcontractors in the Project as named insureds. b) All associated deductibles shall be the responsibility of the Grantee, Subcontractor and Subgrantee. Such policy may have a deductible clause but not to exceed $10,000. c) Property insurance shall be on an "all risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Grantee's, Subgrantee's and Subcontractor's services and expenses required as a result of such insured loss. d) Builders Risk coverage shall include partial use by Grantee and/or property owner. e) The amount of such insurance shall be increased to include the cost of any additional work to be done on the Project, or materials or equipment to be incorporated in the Project, under other independent contracts let or to be let. In such event, Subgrantee and Subcontractor shall be reimbursed for this cost as his or her share of the insurance in the same ratio as the ratio of the insurance represented by such independent contracts let or to be let to the total insurance carried. ix. Pollution Liability Insurance If Grantee and/or its Subgrantee or Subcontractor is providing directly or indirectly work with pollution/environmental hazards, they must provide or cause those conducting the work to provide Pollution Liability Insurance coverage. Pollution Liability policy must include contractual liability coverage. The policy limits shall be in the amount of $1,000,000 with maximum deductible of $25,000 to be paid by the Grantee's Subcontractor and/or Subgrantee. C. Miscellaneous Insurance Provisions Certificates of Insurance and/or insurance policies required under this Grant shall be subject to the following stipulations and additional requirements: i. Deductible. Any and all deductibles or self-insured retentions contained in any Insurance policy shall be assumed by and at the sole risk of the Grantee, its Subgrantees or Subcontractors, ii. In Force. If any of the said policies shall fail at any time to meet the requirements of the Grant as to form or substance, or if a company issuing any such policy shall be or at any time cease to be approved by the Division of Insurance of the State of Colorado, or be or cease to be in compliance with any stricter requirements of the Grant, the Grantee, its Subgrantee and its Subcontractor shall promptly obtain a new policy. Page 10 of20 • • • MJ #16-008-Englewood PD Equipment 2016 iii. Insurer. All requisite insurance shall be obtained from financially responsible insurance companies, authorized to do business in the State of Colorado and acceptable to Grantee, iv. Additional Insured Grantee and the State shall be named as additional insureds on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11185, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee, Subgrantees and Subcontractors shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such notice. vii.Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees and Subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents , employees, and volunteers. D. Certificates Grantee, Subgrantee and Subcontractor shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant or of their respective subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage, Grantee, Subgrantee and Subcontractor shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant , subgrant or subcontract, Grantee, Subgrantee and Subcontractor shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant or if the State terminates this Grant pursuant to §15(B), the State shall have the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B), if applicable. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Page 11 of20 MJ # 16-008 -Englewood PD Equipment 2016 Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to • promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State ofthis right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subgrants/subcontracts with third parties . However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants/subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until • such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly , and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee , which shall be governed by §15(A) or as otherwise specifically provided for herein . i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee 's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. Page 12 of20 • MJ #16-008 -Englewood PD Equipment 2016 C. Termination for No Substantial Progress in the Work The State may elect to terminate this Grant upon receipt and review of any Quarterly Progress Report, submitted per the time periods defined in Exhibit B, if such Quarterly Progress Report fails to evidence Substantial Progress in the Work as directed, defined and expected under Exhibit B. Further, the State may elect to terminate this Grant if the Grantee fails to complete Project Closeout within three months of completion of the Work. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subgrants/subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants/subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services . D. Remedies Not Involving Termination The State, at its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule . Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv . Removal Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the Page 13 of20 MJ #16-008-Englewood PD Equipment 2016 State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other • product involved with non-infringing products or modify them so that they become non-infringing; or, . (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: B. Grantee: Chantal Unfug, Division Director Division of Local Government Colorado Department of Local Affairs 1313 Sherman Street, Room 521 Denver, Colorado 80203 Email: chantal. unfug @s tate.co. us Joe Jefferson, Mayor City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Email: iiefferson@ernrlewoodgov .o rg 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE This section 0 shall I ~ shall not apply to this Grant. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use , willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is greater than $100,000 either on the Effective Date or at anytime thereafter, this §19 applies . Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of • this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance . Evaluation • and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation Page 14 of20 MJ #16-008 -Englewood PD Equipment 2016 and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee 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 Local Affairs, and showing of good cause, may debar Grantee and prohibit Grantee from receiving future grants and bidding on future contracts. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. RESTRICTION ON PUBLIC BENEFITS This section 0 shall I ~ shall not apply to this Grant. Grantee must confirm that any individual natural person is lawfully present in the United States pursuant to CRS §24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the applicant to: A. Produce an identification document in accordance with §2.1 . l through §2.1.3 of Colorado Department of Revenue's Rule # 1 CCR 201-17, Rule for Evidence of Lawful Presence, as amended. B. Execute an affidavit herein attached as Form 1, Residency Declaration, stating . i. That he or she is a United States citizen or legal permanent resident; or ii. That he or she is otherwise lawfully present in the United States pursuant to federal law. [The following applies if Grant is funded with federal funds]. Notwithstanding the foregoing, to the extent that there is any conflict with the provisions above or those set forth in the Residency Declaration attached hereto as Form 1 and any provision of federal law, the provisions of federal law shall prevail. 21. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or subcontracts approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of sub granting and subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §2l(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience ofreference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. Page 15 of20 MJ # 16-008 -Englewood PD Equipment 2016 E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub grantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA, or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Applicable Laws At all times during the performance of this Grant, Grantee shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and as hereafter amended. Grantee also shall require compliance with such laws and regulations by subgrantees under subgrants permitted by this Grant. I. Use Covenants This section 0 shall I r8J shall not apply to this Grant: For Subject Property that is owned by Grantee upon execution of this Grant, Grantee shall record a Use Covenant substantially equivalent to Exhibit F with the county in which the property resides as soon as reasonably practicable after execution of this Grant. For Subject Property acquired by Grantee using Grant Funds, Grantee shall record a Use Covenant substantially equivalent to Exhibit F with the county in which the property resides as soon as reasonably practicable after acquisition of such property . J. Modification i. By the Parties If either the State or the Grantee desire to modify the terms of this Grant to either increase or decrease total awarded funds, make budget line item adjustments to Grant Funds, and/or change the performance period or term of the Grant, this may be achieved unilaterally by DOLA through an Option Letter (Exhibit G). Except as otherwise provided in this Grant, no modification shall be effective unless agreed to in writing by the Parties in an amendment, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies . Changes to the Grant shall be authorized for approval by the following State or DOLA parties: a) Approval by Division Director The Division Director of DOLA, or his delegee, shall have authority to approve changes to the Responsible Administrator and Key Personnel specified in §5 of Exhibit B and the Principal Representative in §16. b) Approval by DOLA Controller The DOLA Controller shall have authority to approve all changes to the Grant which are not reserved to the Division Director above. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. K. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those Page 16 of20 • • • MJ #16-008 -Englewood PD Equipment 2016 provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions ii. The provisions of the main body of this Grant (excluding the cover page) iii. Any executed Option Letters iv. Exhibit B (Scope of Project) v. The cover page of this Grant L. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. M. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. N. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. 0. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. P. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. Q. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 17 of20 MJ # 16-008 -Englewood PD Equipment 2016 22. COLORADO SPECIAL PROVISIONS A. The Special Provisions apply to all Grants except where noted in italics. i. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. ii. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. iii. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. iv. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. • Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation • insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and ( c) be solely responsible for its acts and those of its employees and agents. v. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. vi. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. vii.BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. viii. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the • State may exercise any remedy available at law or in equity or under this Grant, including, without Page 18 of20 MJ #16-008 -Englewood PD Equipment 2016 limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions . ix. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201and24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. x. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; ( d) amounts required to be paid to the Unemployment Compensation Fund; and ( e) other unpaid debts owing to the State as a result of final agency determination or judicial action. xi. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E- Verify Program or the State program established pursuant to CRS §8-l 7.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, ( c) shall terminate the Sub grant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and ( d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17 .5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8- 17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. xii.PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and 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 of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the Effective Date of this Grant. (Special Provisions -effective 111 /09) Page 19 of20 MJ # 16-008 -Englewood PD Equipment 2016 CMS#94733 • SIGNATURE PAGE THE PARTIES HERETO HA VE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO CITY OF ENGLEWOOD John W. Hickenlooper, GOVERNOR DEPARTMENT OF LOCAL AFFAIRS By: Joe Jefferson Name of Authorized Individual (print) By: Title : Ma~or: Irv Halter, Executive Director Official Title of Authorized Individual Date : *Signature Date : PRE-APPROVED FORM CONTRACT REVIEWER By: Rachel Harlow-Schalk, Financial Assistance Director Date : ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA By: ______________ _ Janet Miks, CPA , Controller Delegate Page 20 of20 • • MJ #16-008 -Englewood PD Equipment 2016 EXHIBIT B -SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. Marijuana Impact. The purpose of the Marijuana Impact Grant Program is to assist eligible local governments who do not allow the sale of retail marijuana within their jurisdictions, but are experiencing documented impacts from the sale, transfer, cultivation, or processing of retail marijuana or any illegal activity related to marijuana. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description . The Project consists of the purchase of personal protection equipment, air monitor, and camera for the City of Englewood Police Department. 2 .2. Work Description . The City of Englewood (Grantee) shall purchase personal protection equipment (PPE), an air monitor, and camera for the Englewood Police Department. Grantee shall own all of the purchased equipment. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1.Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: equipment and materials costs and freight costs. 3. DEFINITIONS 3.1. "Cumulative Budgetary Line Item Changes" means a cumulative or increasing accumulation of additional expenses within a specific line item as listed in §6.2 Budget within this Exhibit B. 3.2. Project Budget Line items . 3.2.1. "Equipment, Vehicles or Materials Acquisition" means vehicles, equipment and materials costs, freight costs, RFP/Bid advertisement costs, hardware, software and training costs, installation costs, and attorney's fees . 3.3. "Substantial Completion" means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is the City of Englewood Police Department obtaining new equipment. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Englewood, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: By: Provide DOLA with Project/Puchase Timeline December 30 , 2016 Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report December 29, 2017 4.4. Budget Line Item Adjustments. Page 1of4 MJ #16-008-Englewood PD Equipment 2016 4.4.1.Grantee may request that DOLA move Grant Funds between and among budget line items, so long • as the total amount of Grant Funds remains unchanged. To make such budget line item changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Grantee may increase or decrease the amount of any one or any combination of budget line items of "Other Funds" as described in §6.1, or move funds between and among budget line items of such "Other Funds," so long as the total amount of such "Other Funds" is not less than the amount set forth in §6.1 below. Grantee may increase the Total Project Cost with "Other Funds" and such change does not require an amendment. DOLA will verify the Grantee's contribution of"Other Funds" and compliance with this section at Project Closeout. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1.For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) in the request and specify status of the Work in the Status Report. The report will contain an update of expenditure of funds by line item as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2.Specific submittal dates. • Quarter Year Due Date Pay Request Status Report 4th (Oct-Dec) 2016 January 30, 2017 Yes Yes 1•t (Jan-Mar) 2017 April 30, 2017 Yes Yes 2nd (Apr-Jun) 2017 July 30, 2017 Yes Yes 3rd (Jul-Sep) 2017 October 30, 2017 Yes Yes 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify the State and seek its approval, which shall be at the State 's sole discretion, as the State executed this Grant in part reliance on Grantee's representations regarding key personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualifications are, and when the change will take effect. Anytime key personnel cease to serve, the State, in its sole discretion, may direct Grantee to suspend Work until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with §16 of the Grant. 5.2. Responsible Administrator . Grantee's performance hereunder shall be under the direct supervision of Jeff Sanchez, Deputy Police Chief (jsanchez@englewoodgov.org), an employee or agent of Grantee, who is hereby designated as the responsible administrator of this Project. Such administrator shall be updated through the approval process in §5.1. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. Page 2 of 4 • • MJ #16-008-Englewood PD Equipment 2016 5.3. Other Key Personnel. None. Such key personnel shall be updated through the approval process in §5.1. 6. FUNDING The State provided funds shall be limited to the amount specified under the "Grant Funds" column of §6.2, Budget, below. 6.1. Matching/Other Funds. Initial estimates of Grantee's contribution are noted in the "Other Funds" column of §6.2 below. Increases to Grantee's contribution to Total Project Cost do not require modification of this Grant Agreement and/or Exhibit B. 6.2. Budget •·.•~"~.~~~···~~.i.,.~t~G:<s~,··.r.: ...... · :;··k{;~~~:"~~~)~;·( .• :.;:;:'.·:.;:::~: .. ·:: .. ·. :· .. ,:.·'.·~~::~:<t··· ~:!;~~Tu~11,s"(:-<· Equipment, Vehicles or $12,436 $12,436 $0 Grantee Materials Acquisition Total $12,436 $12,436 $0 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. :•·.:.: $11,379 Final Payment $621 Total $12,436 . : ........ - Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eli ible a roved ex enses. Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has acce ted, all re uired re orts. 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. 8.1.1.Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.6 of this Exhibit B. 8.1.2.Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee's pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. Page 3 of 4 MJ # 16-008 -Englewood PD Equipment 2016 8.2.1.Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds here under from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1.Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2.Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3.Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4.Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: • 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado • law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any ,and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards . Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 4 • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 7, 2016 9bi 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 second reading authorizing an Intergovernmental Agreement between the Englewood Police Department, the Arapahoe County Sheriff's Office and the Littleton Police Department to 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 crime, 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 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 paid by the Police Department. LIST OF ATTACHMENTS Bill for an Ordinance ACNT Intergovernmental Agreement • • TO: Chief John Collins FROM: Commander Vance Fender DATE: October 19, 2016 SUBJECT: Council Request 16-217 16-217 (Narcotics Arrests) Requested by: Councilmember Russell Assigned to: Police Request for statistics on narcotics arrests The breakdown of felony arrests made by the Englewood Police Department in 2015 is as follows: Offense 2015 Controlled substance/ Narcotics (possession/sale/use) 161 Forgery/l.D . theft/possession of financial transaction 43 Burglary/Trespassing/Criminal Mischief 32 Assaults 23 Weapons Offenses 28 Aaaravated motor vehicle theft 26 Other miscellaneous offenses 2 Sex offenses 13 Robbery 3 Theft 8 Stalkin!:J/F alse imprisonment 2 Obstructing Gov't/Police/Fire 10 MurderNehicular homicide 4 Kidnapping 2 Total 354 There were a total of 354 felony arrests in 2015. The Arapahoe County Narcotics Team/Arapahoe County Impact Team completed the case filing with the District Attorney's office on157 of the narcotics arrests. In addition to these arrests made by Englewood Police Officers, the ACNT/ACIT made approximately 20 additional arrests that were self-initiated by those teams within the City of Englewood . • • TO: Chief John Collins FROM: Commander Vance Fender DATE: October 19, 2016 SUBJECT: Council Request 16-218 16-218 (Arapahoe County Narcotics Task Force) Requested by: Councilmember Barrentine Assigned to: Police Request for the constituent membership of the Arapahoe County Narcotics Task Force The Arapahoe County Narcotics Team is currently staffed with: • • • • • One lieutenant from the Arapahoe County Sheriffs Office One Sergeant from the Arapahoe County Sheriffs Office One Sergeant from the Englewood Police Department One Investigator from the Englewood Police Department Seven Investigators from the Arapahoe County Sheriffs Office In addition , in January of 2017, the Littleton Police Department will have one investigator assigned to the team and the Arapahoe County Sheriffs Office is assigning an additional investigator to the team . At that time, the team will consist of one lieutenant, two sergeants and 10 investigators . • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER OLSON 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 l 7ili day of October, 2016 . 1 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. Read by title and passed on final reading on the 7th day of November, 2016. Published by title in the City's official newspaper as Ordinance No ._, Series of 2016, on the 10th day of November, 2016. Published by title on the City's official website beginning on the 9th day of November, 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 • • , • • • INTER,GOVERNMENT AL AGR£EMENT This Agreement i.s made: and entered .. into this __ day pf 20.16, by and between the Cl.TY OF ENGLEWOOD, acting ·oi1 behalf . of the ENGLEWOOD POL.ICE DEPARTMENT, the CITY OF LITTLETON,. acting on behalf o.f the LITILE.TON. J>.QLICE bEPARMENT, and the BOARD OF COUN1Y COMMISSIONERS OF ARAPAHOE COUNTY, ST.ATE QF COJ,,ORADO, ac;ting. on. behalf of the ARAPAHOE· CO.UNtY SHERIFF'S:·oFFIC.E (HACso··'), and provides ns follows: WHEREAS, Section 29 ... .J .. 203 of the Colorado .Revised Statues. as well Article XIV, Secti<m .18(2), of the.Colorado Constitution, encourage g1:wernm~ntal eiltlti,es to. make efficjent. a11d effectiv~. use o.f th~ir pow\!rs and responsibilities thro1,1gh coop~ration and the executio11 or irite1·goveriunental a,g_reements; and WHEREAS, intergovernmental agreements may pr-ovide for the Joint ex-ercise off unctions, servic~s, or-faciJjtie$ lawfti!ly .~uthorized to ea(;.h .contracting .goverru.nent:al entity; an·d WF:IEREAS, the signatorie~ to thi.s agreement .ar~ each authorized by law· to prov id~ faw e·nforcement ati.d ether emei:gency services: and WHEREAS, narco.tics ' related . actiyifies and related crimes comrnonly trai1s.Gend the geo_graphical boundai"ies of the · sepa_rate g0ve1iurterita.l jurisdictions .situated within the county of Arapaho.e; and. WHJ;:REA.S; ~h(}parties hereto ~esi~e fo sh~re and coordi~ate re.sources in the enforc~ment, intervention, and prevention of narcotics related '.activities and related crimes within the county of Arap~hoe; and · NOW THEREFORE, ii1 torts_idetation of the foregoing recitals and the. rrmtual t~.i'ms, covenimts, and .condit~on.s set forth below. the signatories .hereto voluntarily agtee as follows~ L Tiie purpose of thiS agr~ement is ta set forth a framewot'kwithin which th.e parties hereto shall :combine their fawenforcement resources in order to better idehtify, ihvestf!~ate, arid combat n~rcotics· rel~ted activities and related crim~s within Arapahoe .Counfy, Color~do, ·through . :the creation ofa -specia:lmulti"·jurisdictional crilriinal investigatfons"unit con'iprised of me·1nbers drawn from each padJcipating judsdiction. This. unit, shall be :Ja1own a~ the,_Arapahoe County Narc;otics Team eACNT'). TI1ose entities participating ln-.the formation and opel'ation of the ACNFshall be referred to herein as -"member'jurisdictions:-· 2. Each tneinberjurisdiction shall assign not less thari one sW.om law enforceme1,t officer to the ;\CNt who shall _serve on th~ :unit on a: fuHt4~1e · basfs during ·the assignrnent. All officers assigned .to the ACNT shall ha·ve been adequately trained by their home jutisdiction in criminal investigativ~ ·focliniq\ies and Qperations prior to their assignment. The totafnumber ofperso.ns ·who E x .., I B I "r A shall or may be ·assigped to the ACNT fronfany one member jurisqictioti shall be · agreed upon . by. the participating entities from tilne -to tim~ as circ1,1mstances and needs warrant.. Each member · juri"sdictfon shall be solely responsible for the salary and other· compensatiOh paid the officer(s) it may assign to the ACNT, and shall :supply jts ACNT offiQers sucrr ~quiprnent, ii:tclading, where appropdate, vehi.Cles, necessary to allow both th·e officer · and the ACN.T to ~ffectively .carry out their· resp~ctive dµtles and resp_onsibilities, J. Offr9ers ·assigned to the ACNT shall . serve a tour of duty qetern:iii1ed by the ,pfficer~s horn~jurisdiction unless or until the assignment is withdrawn by the ·officer'-sJ1ome jurisdiction or is othei'wise terminE!-ted as ·elsewhere provide:d for fathis agree1nent. .4. Bach offrcer and/or other person ~ssigned to serve on the ACNT shall remain the employee of his or .he.r h,Qme jurisdi.~tion a1l.d shall, Ukewise, l,'emain ~·1Jbj~.ct to and . cqvereq µnder that jurisdiction'·s liability arid other irisi:i"i:ance or self~insura11ce cov~tage, in addition to itS personnel polides and · procedures, inclusive of policies ~nd procedures governing overiime, .employment compensation. and benefitS; worker's. coi:npensati011, vacation and : .. sick tim~. grievances and discipHne,job performance rev1ew, duty assignments, and ter,mination. Ea~h member jurisdiction shall also retain responsibility for the conduct of those officers it assigns to the ACNT and will be responsible for · fovestigating and handlillg !lllY co,mpl~ints made against those-0fflc¥,rS it assigns .. to tjie AcNT. ln the .. event a claim or legal action should be brought against an officer assigned to Jh~ ACNT and/o.r the _ACNT arising from the a!isigned officer's co:nduct; the member juds<;iictiqn that-assigned the o.f-ficer fo the ACNT, at. its sole .cost, shall be respQnsible to defend 'and i'ndemn'if-y the officer consistent with the tetms ·iuid limitations-provideq under the Colorado Liability :of .Peace-Oft1cers Stat1,1te and doyemment;d Immunity Act~ Cow:REV-.STAT. §§ 29.-5:.:.111 and 24-10-101 1 et seq., respectively. The provisions of this paragraph shall survive and i·emain jn . effect _against any 1Tletnb~r jurisdiction that should. vyithdraw from participation in the ACNT~ as well ;!.S the--termination of the agi:ee1rrent.. 5. The ArapahQe Cotmty Sheriff sh~H depuJize. all officers assigned to the AC.NT .as Arapahoe County Sheriffs deputies. in order to · -ehs\.lre that each officer has taw enforcement auth9rity throughout. Arapaho~ County , The term of that ~ppolntment ~hall remain effe_ctive during · the tenn of.the officer's assignment to the ACNI and will atitomaticaily termiriate ifot when the· officer is with.drawn or terminated. from the ACNT, or unles.s the appoh1tmerit is otherwise tenni.rtated in the discretion oftheAi·apahoe Count)' Sheriff'. The officer and en1ploying niembet jurisdiction shall be provided notice of any sue~ ter1ni.nati9n, Each m.erQher ju_risdictio~. by sigriing·Jhis agreement, also .acknowie.dges. and a.gtees that officers assigned -to the ACNT and deputized by the Arapahoe County Sheriff shalf be vested by the jurisdicHon with the authqrity to e>;erpise ~heh: foll law t!nforcement authority within the . geogtaphical boundades of the m~n1ber jurisdiction .when p.erfoimiiig ACNT activities. This authority· shall .l'emain effective· duriI:1g ._the ~cm1 ,ofthe officer's assignmenno the 0 ACNT unless the same is withd.rawn or termin1J.ted bythe vestin~ nietnber jurisdiction. · 6. The AC:NT shall operate frnm offices within the ACSO ai1d the day-to-day management a.rtd tactical coinniartd of the ACNT sbaU rest in a · 1ieuten:!mt .(the AC,NT Commander) with the 2 ' • • • • • • ACSO,'wha shall be assigned to the unit by ·~he Arapahoe Cc:m1ity ·Sheriff. Upon reaso.nable notice ·, to the.member juriscl.iction ancl Arapahoe: County Sheriff, the ACNT Commander shall have the authority and discretiorrto terminate th·e assignmentofany officer upon such grounds as he or she m~y deem necessary or appr.opriat~ for the efficient and/or effective o~ratlon of the uriit. 6a. Disputes among officers and/.Or oth~r staff assigoed. to the ACNJ' shall be' resolved cooperatively among such cffieers/staff and their assigned Serg,eant(s).· If the 'dispute cannot be · reso .lved cooperative.ly among the .officers/staff and their assigned .Sergeant(s)t the. dispute shall be . elevated to the ACNT Commander wh.o shall attempt to resolve the dispute in conjunction with supe1ifisor(s) from the .holne jurisdiction of tQe i'nvolVed ACNT officers/~taff.. Any disc'iplinary action .imposed against ·offi<;ers and/or. staff assigned to ACNT as :a result of his or Iler inv.oivement or participation-.in ACNT 'shail be the responsibility of the · ho111ejurisdiction who assigned sucn offlc~r and/or staff, · · 7. The oper~ti(}:ns:ofthe ACNT shall be informed and guided by the policies .and . proced~res of the AC$0. ACSO sI1aH serve as the :repositofy for all ·reportS; .evidenee.,and. records compiled or generated by the ·ACNT's"ac.ti:vities. ACSO shall also serve .as the custodian of records u.nder the ColQt!ido Criminal Justice R,.ecotds Act (CCJRA} and/or the · Colorado op·en Records · Act . (CORA) ·as ·it relates ttdmy records related to the. operations of ACNT . 8'. Net forfeitures gei1erated fron) seizures of 1t1oney and/or personal .or r~al pr9pe1ty resulting from ACNT qperations shall be mainiained by ACSO foliow.irtg estiblished forfeiture guidelines as set fo11.h in C.R.S. § § 16-13-31 l to l 6· 13-315,. the Colorado C011trabai1d Forfeit~1re Act, C:R$. §§ 16-13..:sp 1. efseq, and1or p.ursuant..to federal guideffn.es. ~~ch fol'f~Jt~1res shaJI be the sole pro),erty of ACSO and shall be deposited :in Arapahoe County's Forfeited Pro 'perty ·Fund, and expenditures of the s!ih1e sha11 be made only.-after approyal.by the C9m~ittee on .Disposition qfForfeited Property, as set forth inArapahoe ·County's Forfeited Property Expenditutc.Policx. 9: The management . and . general ope.rations of the A..CNT. shall be subje-ct to joint review by the chief laW'enfoi:'cei11ent.offi'cers from 'each merriberjutisdiction (or tl~eir authorized designee) shting fogetlwr as. they may deem oec;;essary or appropriate .from time to time .. It is not the .intent of the member jurisdictioils to cteate a separate legal entity or government subdivision/ag~ncy by the ·creation orthe ACNT artd any m~mber jurisdiction may, .wi.thin its discretion,. withdraw.from partlc.ipation in the ACNT at any time· ti'pon-providing written notice to the oth·er members not less thanthi1 'ly(30) days prior to such withdrawal.This agi·eemeQt may aJso be termin.a~ed in its entirety UJ'9n the af,finuative vot~ ofa majority :0.t the memberjurisdiotions. IO. No change, am~n,dment,,orwaiver or any ofthe ietinS :or provisions ofthis.agj'eement shall be valid or binding unless the Same has been approved in writing by all mernbet jut'isdictions, 11. This agreement is made solely for the benefit of the pa11les hereto and is not intended, nor shall it be dee1i1ed,to confor,:give,. or allow-any rights or claim or right of actionby any person pr entity · not signa~o(y hereto. · l2. This agh:ement embodie$ the· erifire :agreement of the parties. There are no pforri1s~.s. te1~ms .. cqnditions,: or obligations oth~r than th.Qse containec(herdn; and this writing supersedes all previous communications, represerita:tfons-. .or agi:eetnentst. either verbal or written, between the · . . . . . . parti~s. 13 . This agreement may be executed ih several coun.terparts an,d, as so : execµted, sh~ll · .cons.i~tute on~. agr~ement, binding on all the · parties ,even though all have not sigj1ed the :same cotlilterpart. Atjy cotinterpart which bas . attache<:l .to it separµte signatt1re pag~s. whic.h together contain the. signatl,lre of all ~he pa11fos shall be deemed a: fully · executed instrtimentfoi:all purposes. 14. This agreerneni shall not be deemed a .piedge ofthe .credit of any signatory. hereto, and nothing herein shali be construed to · create a multip'le,:,fiscal year direct or indirect debt or Ununcial obligation , · · 1'5. This agreemel1t shall not become effecti've · or })e binding against any mem.be.r jurisdiction ~xce.pt upon the affirmative.written approval or · authorization of the ·legislative body foj· such jurisdiction. lN WITNESS WHEREOF~ the parti~~ ·have execute.cl this. agr:ef;tnentas ofthe da.te writte1i above. THE CITY OF .ENGLEWOOD By: ___________ _ Printed Name: Joe Jefferson Tit.le: Mayor ATTEST: Title: Loucrishia A. Ellis APPROVED AS TO FORM~ Title: 4 THE CITY OF LITTLETON By: ___________ _ 'P~il Cernanec, Mayor & Co .uncil President ATTEST: Titie: APP.ROVED AS TO.FORM: title: • • • • • • BOARD OF COUNTY COMMISSIONERS AMPAH.OE COVNTY, COLORADO By:_·~~~~~~~~~­ Printed . Name: Title.: ~TTEST: Cler}( of the Board: 5 • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 7, 2017 Approval on Second Reading of an 9bii 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 on second reading 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 OLSON 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 servi ces 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 offer 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. Read by title and passed on final reading on the 7th day of November, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 10th day of November, 2016. Published by title on the City's official website beginning on the 9th day of November, 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 • • . i, • • .. . . INTERGOVERNMENTAL AGREEMENT TllIS AGREEl\4ENTis made thi~ . . clay of ·.. . ·. . . ~ 2016, by and . between the Aurora-South Metro Small Business Developmeµt Center (SBDC) and the · City ofEnglewoOd, Colorado, .amt1nicipal corporation. · · · · · .· WHEREAS, in f\lrtherance pf enhancing economic vitality and supporting . . . . entrepreneurs, the City of Englewood, Colorado desires to contract withAurora.;South Small Business Development Center to perfonri small business consultations, techllical assistance, training, and workshops at Englewood Ci.vicCenter; and · · · WHEREAS, the services provided by the Aurora-South Small Business Development Center are integral to Englewood's economic development program; and . ·. . . WHEREAS, participantS in the grant initiatives offered by the City of Engle~oodare •. required to participat~ in the worksflops, training, or consulting as offered by the Aurora- South ·Small Business Development Center; and · . · · · · WHEREAS, the pal'ties ~esire to enter. into an agreement by describing the relationship between. the Aurora-South Metro Small Business Development Center and the City of , . Englewood regarding services that the Auro.ra-South Metro Small Business Development Center will perfonn .{or the City. and · NOW, THEREFORE, in consideration ofthe coveilantS and promises cont~nect herein, .··' the sufficiency of which is acknowledged by the parties, the parties agree as follows: . . . . 1. Aurora-South Metro Small Business Dev~lopment Center will provide Four business seminars (based on demand), one per quarter for the year 2017; and Si"- business seminars (based on demand), one every other month for the years 2018 and 2019. · · · · · 2. Aurora-South Metro Small Btisiness Development Center will provide Four hours · of One-on-One Consultingff eclu_iical Assistance (based on demand) per morith for the year 2017; and Four hours of One-on-On~ Consultingffechnical Assistance (based on demand), one day a week for the years 2018 and 2019. 3. Auror~·South Metto Small Business Development Center will provide Leading Edge Strategic Planning Series every other year. 4. Aurora-South Metro Small Business Development Center will provide E"ecutive Director Leadership; a Director will attend meetings, sit on committee/boards for economic development, and attend events and strategy meetings on an as needed basis . 1 E x H I B I T A 5, 6. 7, '·. ,·,.·. · .. · Aurora-South Metro Small. Business Development Gent~r WiH proVide Marketing arid Promotion, Pre5s Announcements for .new sponsorship, Website presence on · both the City of Englewood arid Aurora-South Metro Small Business W¢bsite Oinks to each other's website), a mqnthly e~newsletter presenc~ with one :Featured . · Story annually,·a· social MediaPreseriGe (stories .and events information), a Flyer . · an4 Brochure presence,· Sea.t oµ the S~DC ... South Metro 'AdVisoty Cotlilcil, · co<)rdination \Vlth the Ellglewood Chatl1bet ()f Commerce · ... h1tegr~ti()n 'iii . marketjng efforts, arid the ¢ity of Englewood 1llarketing tactics. . The · City .of Englewoo4 will have a S~it Level Sp~nsor~hi~. wlilch is ... ·. appropriate for corporate, goyeriiniental (city and county level), eciucatiopal and . financial institutions at .a cost of.$20,000 annually. · · · The Cifyof Englewood . agrees to a three (3). year commitment for . the years 2017, .... , 2018 and 2019 to sponsor the ser\lices provided to ~eCitYfroln the Aurora-South Metro SBOC. A three (3) year eommitment is required as SBA budgets i;Uid . capacity building plans cover this fone ifame .. ·.• · · · · · · · .. 'The partieshnderstand and acknowledge that each pllrty is subject to Article X, § . 20 oftheColorado Constitution (''Tabor;;). The parties ~o not intend to Violate the · terms and requirements of TABOR by the e?(ecutiob ofthi$ Agreement It is understood and agreed that this Agreement does not create a multi-fiscal year · direct or indirect debt oi; obligation within the meaning pf T AJ30R and, · · · notwithstanding anything in thi$ Agreement to the co11trai'y, aU.paynierit . obligations, of the Cityare expressly clependent 8n4 conditioned upon the continuing availability offunds beyond the tenn ofthe City's current fi$ca1 period .. ending upon the next succeeding December 31 ~--Financial obligations of tlie City . · payable after the 'current fiscal year are contingent upon funds for that pmpose being appropriated, budgeted, and otherwise made:: available in accordance with the rules, regulations, and resolµtions of th~ City and applicable law~ l1pon the failure to appropriate such funds, this Agreement shall be deemed tenninated. 8. . The City of Englewood agrees to remit their Sponscm;hip funding in the amount and time frame listed below: .· · · . .· · .· · . · · Due Date; $10,000 on January 15th annually ·. $10,0QO on Augost 20 1h annually. · .. Total An.Ilual Sponsorship Level: $20,000 Thtee~year sponsorship period: 2017, 2018 and 2019 . . · . . .· 8. Termination. This Agreement may be terminated by either party with a 3Q-day written notice; ill which case the Aurora-South Metro Small Business Development Center will provide to the City a finiil billing for time and materials or other related expenses within 30 days of the tennination date of this Agreement. 2 '· •. · ... • ••• .'. • • • '. · .. . , · .. . . ·. IN WITNES& WHEREOF; the Aurora-South Metro Small B~siness Development Center and the City . o( E11glewo0d~ Colorado have executed this Agreement as of the day~ month and year first above written. . . . .. : ; .. . .· ·. -'.'.. . . . . . ., ,· . -.. . . . -. . .-. . . . . '·_.. '·: :' :• ,, cITir oF ENOLEWo6p · .... ': ·,_·. . · .. ' .· A'ITEST; · ·. By· . ·.' . ·---------------. Joe Jefferson 1 Mayor ·· Loucrishia A. Ellis, City Clerk ·. :_ .... . AURORA-SOUTH METRO SMALL . BUSINESS i>EVELQPM'3NT CENTER ATTEST;. By; ...... ·' ~~~;..;.;.......;....;......._..;;._._...::p.._....._ . .. Marcia McGilley ·· ·· SBDC Executive Dire r . . •:·.'I : . . ·. ·. ':· • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 7 , 2016 9biii Intergovernmental Agreement {IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds -Second Reading Initiated By: Staff Source: Community Development John Voboril, Planner II PREVIOUS COUNCIL ACTION Community Development presented to City Council a number of potential Safe Routes to School grant projects at the December 7, 2015 City 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. City Council approved the Safe Routes to School IGA with COOT on first reading at the October 17, 2016 regular City Council meeting . 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 discussions with COOT officials, Community 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 cost will be 53.4% state, 46.6% local. The Broadway/Mansfield Enhanced Safety Crossing project will feature bulbed-out corners that will effectively shorten the crossing distance for pedestrians . The 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 Avenue. Obsolescent traffic signals will also be replaced in conjunction with this project. FINANCIAL IMPACT 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 Bill for an Ordinance Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) to Accept Safe Routes to School Grant Funds Broadway/Mansfield Enhanced Safety Crossing Concept • • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL 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. 1 State $LAWRK 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 law 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 form #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 perform the Work described in form #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 performed 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 forthe 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. 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 perform 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 1 ofl I E x H I e 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#: l 7~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 performed, the dates of performance 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 format 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] 1. 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 3of11 • • • • • • PO#: 471000986 Routing#: l 7-HAl-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 COOT 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.S(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 172.S(b ). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(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 [ifapplicable] 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/COOT 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 perfonn 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 reject the 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, if required 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 FHWA 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 CFRPart 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 Work 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 CFRPart 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation ofResponsibilities 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 of right 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.eo .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 CDOT after the local agency obtains title. Page 5of11 • • • • • • PO#: 471000986 Section 8. Utilities Routing#: 17-HAl-ZH~I 0057 If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any tility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Respo sible 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 o be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Ut lities 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 raiJroad 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 osts 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 oftennination 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. Page6ofll PO#: 471000986 Routing#: l 7-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, demarids 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 Page 7of11 • • • • • • PO#: 47100 986 Routing#: 17-HAl-ZH-0057 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 here , fbe declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity o 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, provisio or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No pri r or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, u ~less embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto hall 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 o this contract and the exhibits and attachments hereto which may require continued performance, compliance or e feet beyond the termination date of the contract shall survive such termination date and shall be enforceable by the tate 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 heir implementing regulations. Any such required modification s.hall automatically be incorporated into and be part o this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modific tion of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract t1 t 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, e~cept that ifthe Local Agency pesires to use its own DBE program to implement and administer the DBE provisions f 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 Agf ncy shall be solely responsible to defend that DBE program and its use of that program against all legal and 9~her challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinat"ons concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and ood faith efforts. State approval (ifprovided) of the Local Agency's DBE program does not waive or modify the ole 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 con ract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transporta ion. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date ofre eipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written ap eal addressed to the Executive Director of the Department of Transportation. In connection with any appeal procee ing under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in suppo of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently wit the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Dir ctor or his duly authorized representative for the determination of such appeals will be final and conclusive and serv.e as final agency action. This dispute clause does not preclude consideration of questions of law in connection ith decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decisio 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 1 ate or at anytime thereafter, this §Statewide Contract Management System applies. Contractor agrees to be goverhed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-10sli o2 Page 8 of!! 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). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 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 Govemmentallmmunity 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, laws 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 laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this 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#: l 7-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. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements/ Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. 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 con.firm the employment eligibility of all employees who are newly hired/or 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 E-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/or 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 of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this 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 Aiency's behalf and acknowledge that the State is relying 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., Chief Engineer (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 Page 11 of 11 • • • • • • 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 • • Exhibit B • COUNCIL COMMUNICATION Date: Agenda Item Subject: November 7, 2016 9biv 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. Council approved the CDBG Intergovernmental Agreement between the City and Arapahoe County on first reading at the October 17, 2016 regular City Council meeting. 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 MARTINEZ AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTER GOVERNMENT AL 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 of 2015, 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 . 1 Read by title and passed on final reading on the 7th day of November, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 10th day of November, 2016. Published by title on the City's official website beginning on the 9th day of November, 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 • • • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUB GRANTEE: 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 Vill 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) Jn 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)(l) 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: i. 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 1i. 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. Jn 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, taking into account the following factors, as applicable: i. 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; m. 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; vi. 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 acqms1t1on, 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 CPR Parts 35 and 24 CPR 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 CPR 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 msurance. 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 CPR 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 malting of any Federal grant, the malting 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 SubGrantee'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 • • VI. 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. 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 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 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 07, 2016 9ci Time and Attendance Application Initiated By: Staff Source: Information Technology Department Joe lsenbart, Business Applications Manager PREVIOUS COUNCIL ACTION RECOMMENDED ACTION Staff recommends Council approve by motion the implementation of TimeClock Plus to improve the time entry process. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Departments in the City agree that a new time and attendance system is needed . Staff invest an excessive amount of time manually entering employee hours into Oracle because of system limitations, geographic constraints, or complexity of overtime or time off codes. Additionally, the current system only collects time worked in blocks of hours rather than actual time in and time out. Furthermore, the Oracle system does not provide for scheduling, open shift coverage , time off requests, and other important management functions . The Human Resources Department currently uses a variety of methods to collect employee hours worked for payroll purposes. Some employees input hours worked directly into the Oracle e-Business Suite. Others submit their hours worked to a supervisor or other staff member who manually enters the information into Oracle. The Parks and Recreation Department uses a third party software system called Fin Trac to input time. Once time is entered into Fin Trac , it must be exported to a spreadsheet. From there , the data must be manually manipulated to conform to Oracle standards . After FinTrac data is cleansed , it must be manually entered into Oracle. The various manual processes used to collect and enter employee hours worked places a significant impact on staffing resources and presents a number of circumstances where human error is possible. The City does not currently have a system that provides scheduling and other employee management tools necessary to ensure that citizens receive the best possible service for their tax investment. A scheduling system is desired that will provide a way to understand current staffing levels compared to minimum staffing requirements. A system is needed to more efficiently fill open shifts while considering contract requirements. A single time and attendance system is needed that can be used across all City departments to ensure consistency . The system will interface with Oracle, and later Tyler/New World ERP, to automatically send hours worked to the financial system , eliminating the need for manual entry . Staff reviewed proposals from four vendors. After considering the functionality each system offered, TimeClock Plus emerged as the clear vendor of choice based on cost and department requirements . The software will integrate with both the current Oracle system and new Tyler/New World ERP , for two-way data transfer, eliminating the need to manually enter information. TimeClock Plus incudes time clocks that enables employees to easily "punch" in or out using biometric (fingerprint) scanners or existing prox cards. FINANCIAL IMPACT The TimeClock Plus implementation is interrelated with the Tyler/New World ERP project. The • cost for this project was included in the adopted FY-2016 Capital Project Budget. The financial impact for this solution is $48 , 117 .1 O for equipment, initial setup, and implementation . An annual subscription fee of $18,839.40 will be due beginning in 2018 and beyond. The annual maintenance fee of $1,488 for FinTrac will be saved as a result of retiring that system . LIST OF ATTACHMENTS Professional Services Agreement 16-39 • • • • • . Eil(jFlewood gArlMll!ISTRAflVE SERVICES PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/16-39 Implementation of Time and Attendance Software $48, 117 .10 This Professional Services Agreement (the "Agreement") is made as of this 6th day of October, 2016, (the "Effective Date") by and between TimeClock Plus an Oklahoma 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 , init ial 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 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 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org • f'SA/16 .. J9 J111pl on1 cntction ol'T in1C Hnd Altend ance St•ltwan' 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 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA/16~39 lmplemcnl ntion of Tim<'. and Att~mla1we Sofi.,1,.·1u·c • • • • • • in writing by City, provided Consultant has 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 th is 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 serv ices to any other customer of Consultant are not impacted adversely . 8. Term and Termination. The term of this Agreement shall commence on the Effect ive Date and shall continue unless this Agreement is terminated as provided in this Section 8. (a) Convenience. City may , without cause and w ithout penalty , terminate the provision of Serv ices 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 w ill 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 term ination if there are no outstanding Statements of Work . (c) Material Breach. If either party mater ially defaults in the performance of any term of a Statement of Work or th is 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 term ination 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 llquidator for its business or all or substantially all of its assets ; (3) files, or consents to or acqu iesces in , a petition seeking 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 dism issed 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 requirerhents of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year di rect or indirect debt or obligation within the meaning of TABOR and, notwithstand ing anything in this Agreement to the contrary , all payment obligations of City are expressly dependent and cond itioned 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 1000 Englewood Pa rkway , Eng lewood , Co lorado 80110-2373 (303) 762-2300 www .englewoodgov .org 3 PS1V16-J9 1111plemunlalion of Time <l nd Athmd11m·o Sc.1fiwarc the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (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 wh ich the Services will be performed . The Services shall be performed by Consultant or Consultant 's staff, and City shall not be required to hire, superv ise 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 Sect ion 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, bu t 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 Confident ial 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 proh ibited 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 th is Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org 4 PSAl\6 H3 9 lmp lemcntu.tio n tlf'Ti mc ·1md Attcml:uu:e sonw:u'C • • • • • • 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 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, commissions, 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 wlll 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. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA/lc.-t.J9 lmplemcn lntlon ofTimu and Att~ndan ce S<1fiwarc (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 Statemen t 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 , w ithin five (5) working days of receipt of such request from City, provide a subst itute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicab le City security and safety regulations and policies . · (d) Compensation and Benefits. Consultant shall prov ide 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 indemn ify , 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), liabilit ies , expenses and costs (including reasonable fees · and disbursements of legal co unsel and accountants), bodily and other personal injuries , damage to tangible property, . and other damages , of any kind or nature , suffered or i ncurred by a City lndemnitee directly or indirectly arising from or re lated 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 arising 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 comb i nation with products or serv ices 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 modification 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 indemn ify 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 contro l the response thereto and the defense thereof ; 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org 6 PSr\116-39 lmp lenienlntion ofTin.1e nnd Attcndanct' Sonwarc fr!V- • • • • • • provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for 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 third- 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 this Agreement, the monetary limitations or any other rights, immunities, and protections 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 omissions 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 art 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 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762 -2300 www.englewoodgov .org 7 PSAi16-39 lmp lomenl1ltion ofTin1e and Alh!JK\um·c SoOW'Jrt ain the property of Consultant. With est--tG-tl:is Woi:k-e.r.c.d.u.ct, Consultant eR€i ·~tef1eHy-aAel-ir-i:e-veea&t,t grants to City during the term of such Intellectual Property Rights, a non-exclusive, -iffe-veeael&; perpetual, -w.e.i:IElwid~ fully paid and royalty-free license, to Fej9r:e&t:lee;--er-eet-e-Eler-ivat+ve-works ef, /1Y11-istrfbttt~f>Heltter-fe.FF11-a~0-ld1J:l:JliGl¥-<:1.isplay ~ by-etH-ffleefls-Rew-lffiewA-E>F-l&teHl&ve!efHid, st1elT-l-A-t&llSGtu~r.o.per:ty_a.ig.bts. (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 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 performing 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 judicially 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 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSNl6~39 lniplen1cnllltion of Time 1md Att1.md:11tcc Sonwarc Ll'"',,,., • • • • • • 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 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 wa iver 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 obl igation 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, proc lamation , 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 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762 -2300 www .englewoodgov .org 9 PS A./16.·3 9 lm plomcnlfltion of Time and At t~1d1.u 1c-o SC\fiw:trc 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 Serv ices 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 acquis itions 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 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 w ith 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 w ith an illegal alien, the Consu ltant 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) 1000 Englewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 10 PSNl6-JQ lmplemcnt11tio n uf'Tin u: tind Att~nda lll"l\ Softwarl' • • • • • • (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 PSN16-39 Imp lomc nlntio n ufTimc it nd Al ten<lan re Softw>1r('. J I 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 Di rector) Margaret Brocklander By: ________________ Date: ____ _ (City manager) Eric Keck By: _______________ Date: ____ _ (Mayor) Joe Jefferson ATTEST : __________ ~ City Clerk Loucrishia A. Ellis 1000 Englewood Parkway , Englewood, Colorado 80110 -2373 (303) 762-2300 www .englewoodgov .org PSAi\6M39 lmpl emcnLntion urTim c and Alt llmllrnce Softw:.irc • 12 • • • • (Consultant Name) Address City, State, Zip Code By: _ _...~....::;__~----- (Signature) (Print Name) Title: Lc:J o - sTATE oF / m~ ) {I . ) SS. COUNTY oFfb~ tt.1tV'l ) On this\ +h. day of©ckb.ec.. , 20.lio before me personally appeared ~.lliYJ It. ~ . ~O.bt>rs , known to me to be the ('.oo of 'J)gf\tl. OJ!lnOf: .01,,_,..,,,J .&-nr:_, , the corporation that executed the within and foregoing instrument, and ac nowledged the said instrument to be the free and 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 affixed my official seal the day and year first above written. • J . My commission expires :l I 7-:S I 2-D Y,flM' fdtiJ.!J ·®."·°"·". ~t-J BETH Gl88S Not1ry ID ti 7489719 My Commlaslon Expires July 25, 2020 PSAil·tl-3 9 l111plemc11taliun ofl'in1c ~nJ Alhu\llan cc Soflw11re g wood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 • • • 1. SCHEDULE A OUTLINE OF STATEMENT OF WORK GENERAL TimeClock Plus will work with the City of Englewood IT staff to implement time and attendance software. 2 . NAMES OF PROJECT COORDINATORS Mike Bowman, TimeClock Plus Joe lsenbart, City of Englewood TimeClock Plus 636 East 3rd Street Tulsa, OK 74120 Mike@timeclockplus.com 800-7 49-8463 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK 4. Implementation of a cloud-based time and attendance solution that will initially interface with the current Oracle Payroll, Human Resources, and Financial systems and in 2017 interface with the Tyler/New World Payroll, Human Resources, and Financial systems . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) None 5. OTHER CONSULTANT RESOURCES TimeClock Plus will provide fifty (50) hours of system configuration and training services . 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The City of Englewood would like to implement a single time and attendance system that can be used across all City Departments to ensure consistency . A time and attendance system that manage paid time off, generates employee schedules, monitors overtime hours, and integrates with legacy and future payroll systems. A system that includes time-tracking options, with employees able to clock in and out via proximity and biometric time clocks, internet-connected computers, and mobile devices. The time and attendance system will include advanced scheduling for the police department, time-off-request management, advanced overtime, advanced scheduling, automatic punch rounding, exports, notifications and automatic log off. TimeClock Plus will include: Quad Weekly Overtime Module 1000 Eng lewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org PSA/J6 .. J9 hnpl on1cn tntion of Time and Attendance. Sofrwa rc 14 Advanced Scheduler for PD Mobile Clock for Android and iOS (unlimited devices) Auto Import Module New World Systems (Export Module) Oracle EBS (eBusiness Suite) 12.1.3 Oracle DB 11.2.0,2.0 (Export Module) Benefits Status Monitor Shift Differential 3-RDT 400 HID Proximity Touch Screen Clocks 2-810 ROT Touch 400 Clocks 7. SPECIAL TERMS, IF ANY None 8. MODE OF PAYMENT TimeClock Plus will invoice the City payable in Net 30. 9. PAYMENT SCHEDULE The annual employee licenses will be paid in accordance with the project phases. Invoices shall be issued upon the City's confirmation to TimeClock Plus that the phase is accepted and the system is being used in production. The onetime cost for implementation and configuration within each phase will be paid following test and acceptance by the City of Englewood. Payment will be due within 30 days of invoicing. The onetime cost for biometrics and proximity time clocks will be paid at the time of receip~. 10. SCHEDULE AND PERFORMANCE MILESTONES The City of Englewood would like to implement TimeClock Plus in a phased approach to minimize the interruption to staffs already heavy workload. There will be four (4) phases beginning with Civic Center staff and concluding with Seasonal employees. The project will begin on or before December 5, 2016 and will be completed on or before May 31, 2017. Phase I -IT, Com Dev, HR, CMO, Finance, Courts, and CA Phase II -Parks & Recreation & Library Phase Ill -Police Department, Public Works, Waste Water, Utilities Phase IV -Parks & Recreation & Library & Seasonal Employees 11. ACCEPTANCE AND TESTING PROCEDURES City of Englewood will provide all necessary interface file layouts/interface formats. City of Englewood will compare output data to legacy system. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org PSAtl 6w39 ltnplemcnlntion of Time. ttnd Attcndtmc:c Softw·J.rc 15 • • • • • • 12. LOCATION OF WORK FACILITIES None IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated October 1·1, 2016, the parties have executed this Statement of Work as of this 17th day of October, 2016. CITY OF ENGLEWOOD, COLORADO By: ___________ _ (Signature) Joe Jefferson (Print Name) Title: Mayor Consultant Name By : Title : Date: C-./Z-~ (Signature) e,...., .. c_ /Z. .A.--.,_ f qa= (Print Name). Lo:::>o ( (J --?-"LJJ/ 6 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org PSA1 16-39 11nplamcntution ofTin 1c ;1 nd Att..:ndtuK'C Soflww'f' 16 i imeClock Plus o >Y. Data Management, Inc. Time Clock Driv~ San Ang~lo , TX 76904 125 223-9500 8u0 7 49-8463 ;ales@timeclockplus.com CUSTOMER . City of Englewood Margaret Brocklander (303) 762-2381 1000 Englewood Pkwy En lewood CO 80110-2373 Quote .·•.·. ·customer: 407037 261335 Method of Shi ment Method of Pa ment UPS Ground Purchase Order Net30 Stock No. Ordered Description UnitCosti' Cloud Based Software (Annual Subscription) ($13 ,662 .00) 26-135 759 Annual Employee License Per District 18 .00 PD Cloud Based .Licenses with Advanced Scheduler ($3 ,780,00) 26-135 105 Annual Employee License Per District 36 .00 Module Package (One Time Fee) ($6 ,298 .00) 30-653 Quad Weekly Overtime Module (28 day base) 6,298 .00 )· Autolmport Module (Versions 5/6/7) \ · MobileClock for Android and iOS (Unlimited Devices) j-New World Systems (Export Module) :-Benefits Status Monitor '···Shift Differential Setup and Training Services (One Time Fee) ($11 ,250.00) 800-814 50 Dedicated Support Services (Per hour) 225 .00 Touch Screen Time Clocks with Proximity Reader ($6,747 .00) 244-112 3 ROT Touch 400 HID Proximity 2 ,249.00 Touch Screen Time Clocks w ith Biometric Fingerprint Reader ($4 ,898 .00) 244-200 2 BIO ROT Touch 400 2 ,449.00 Annual Hardware Support ($1 ,397.40) 1099-220 Hardware Support 1,397.40 V lid for 30 days. Expires 10/14/2 16. 11111111111111111111111111111111 llll llll Subtotal : S & H: Total: Quote Date • 09/14/2016 • Total · 13,662.00 3 ,780 .00 6 ,298.00 11 ,250 .00 6 ,747.00 4 ,898.00 1,397.40 48 ,032.40 84 .70 48, 117 .10 • Time and Attendance Cost Summary • Vendor 1 Year 5 Year TimeClock Plus $48,117.10 $123,474.70 EasyClocking $30,369.00 $132,669.00 Executime On Premises $93,503 .00 $143,035.00 Executime Cloud $65,232 .00 $152,832.00 Kronos w/ Equipment Lease $62,194.00 $219,970.00 Kronos w/ Equipment Purchase $74,459.00 $229,295.00 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 7 , 2016 9cii eTRAKiT Implementation Initiated By: Staff Source: Information Technology Department Joe lsenbart , Business Applicat ions Manager Margaret Brocklander, IT Director PREVIOUS COUNCIL ACTION RECOMMENDED ACTION The implementation of eTRAKiT will improve customer services and help to facilitate the Federal Government's in itiative to provide an online platform for potential business owners to in itiate necessary permits and licensing online enabling them to take a significant step in starting business in a day . The system also provides citizens the ability to pay renewal fees online and submit online requests for non-emergency services . The Information Technology Department in conjunct ion w ith the Community Development Department recommends Council approve , by motion , to advance the implementation of TRAKiT with the implementation of eTRAKiT. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • In 2004 the City of Englewood implemented the TRAKiT system to track projects , licensing , permitting , and inspections for the Community Development Department. In 2015 the city implemented iTRAKiT , a TRAKiT module that enables inspectors to conduct inspect ions remotely using iPads . The third component of the TRAKiT system is eTRAKiT . With the full capabilities of eTRAKiT in place , citizens and businesses of Englewood can use eTRAKiT to access permit , project , license , code , land , and inspection information online . Citizens can request inspections , pay fees , upload plans , apply for permits , file complaints , and more due to the versatility of eTRAKiT. The eTRAKiT portal will provide our citizens a customer relationship management (CRM) as well. TRAKiT CRM capabilities are linked to eTRAKiT to enable citizens to enter requests or complaints via the Internet and mobile devices . This added functionality improves customer service by providing an avenue for citizens to communicate issues or concerns. FINANCIAL IMPACT The financial impact for implementation of this project is $58, 780; Funds for this project were included in the adopted FY-2016 Budget. LIST OF ATTACHMENTS Vendor quote DocuSign Env.ID: A581DC29-8693-4838-8FE4-4EA43584BE6B SUNGARD' PUBLIC SECTOR Quote Prepared By: Tracy Bierman 2036 Corte Del Noga! Carlsbad , CA 92011 Phone: (858) 451-3030 Fax: Email : tracy.bierman@sungardps.com ";~jJEr.~• • ~Y.~~;; Quote Prepared For: Joe lsenbart, IT Director City of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 (303) 783-6841 • Add-On Quote Quote Q-00022230 Date 08/24/2016 Valid Until 12/22/2016 License Fees Community Development Product Code TRAK-CC-ETRAK TRAK-EC-ETRAK Product Name eTRAKiT Credit Card API eTRAKiT eCheck API Professional Services Community Development Product Code Product Name TRAK-CC-ETRAK eTRAKiT Credit Card API TRAK-EC-ETRAK eTRAKiT eCheck API TRAK-ETRAKIT-L3 eTRAKiT Citizen Portal Configuration Package-L3-Pre m ium Services Product Code PS-CD PS-CD PS -RD Product Name · ·.·:· CRM TRAK Complaint Submittal Integration License TRAK license/renewal application integration Report Development Proj Mgmt Installation Tech Svcs Ext Price: -1,750.00 Ext Price : -1,750.00 Ext Price: 160.00 -12,800.00 Totals: $160.00 $3,500.00 $12,800.00 Proj Mgmt Installation Tec!'l .Svcs Ext Price: Ext Price : Ext Price: SunGard Public Sector Quantity 1 1 Totals: Ext Price 5,000 .00 5,000 .00 $ 10,000.00 Maintenance 1,000.00 1,000.00 $2,000.00 Training lrnpl Svcs Consulting Development Total Services 1,750.00 1,750.00 320.00 -3,000.00 16,280.00 $320.00 $3,000.00 $19,780.00 Training lrnpl Svcs Consulting Develo pment Total Services 5,000.00 5 ,000 .00 10,000.00 10,000.00 14 ,000 .00 14,000.00 DocuSign Envelope ID : A581 DC29-8693-4B38-8FE4-4EA435B4BE6B Totals: Product & Services Comments: $29,000.00 $29,000.00 License Fees: Professional Services: Subtotal: Total: Maintenance: $10,000.00 $48,780.00 $58,780.00 $58,780.00 $2,000.00 Comparison budgetary estimate for the City of Englewood, CO . The City is evaluating costs for purchasing eTRAKiT, the pricing differences between Level 2 and Level 3 implementation services packages as well as the optional add-ons. This quote is a for the Level 3 implementation service package and has been prepared in response to the City's request. In addition, pricing has been included for the following additional interface and configuration options for the eTRAKiT site: 1. e TRAKiT online payment interface to accept online payments with a standard vendor. 2 . eTRAKiT eCheck Acceptance payment interface 3 . CRM TRAK complaint submittal 4 . LicenseTRAK license & renewals application integration 5. Revised Electronic Forms: (1) Permit, (1) Inspection Card), (1), License Form, and (1) Receipt Form Please refer to Exhibits 1 -3 for the scope of work. Payment terms as follows, unless otherwise notated below for Special Payment Terms by Product: License , Project Planning , Project Management, Consulting, Technical Services , Conversion, Third Party Product Software and Hardware Fees are due upon execution of this Quote. Training fees and Travel & Living expenses are due as incurred monthly. Installation is due upon completion . Custom Modifications , Conversions, System Change Requests or SOW's for customization, and Third Party Product Implementation Services fees are due 50% on execution of this Quote and 50% due upon invoice, upon completion . Unless otherwise provided, other Professional Services are due monthly, as such services are delivered. Additional services, if requested , will be invoiced at then-current rates . Any shipping charges shown are estimated only and actual shipping charges will be due upon invoice, upon delivery. Annual Subscription Fee(s): Initial annual subscription fees are due 100% on the Execution Date . The initial annual subscription term for any subscription product(s) listed above shall commence on the Execution Date of this Agreement and extend for a period of one (1) year. Thereafter, the subscription terms shall automatically renew for successive one (1) year terms, unless either party gives the other party written notice of non-renewal at least sixty (60) days prior to expiration of the then-current term. The then-current fee will be specified by SunGard Public Sector in an annual invoice to Customer thirty (30) days prior to the expiration of then-current annual period. • SunGard Publi,ctor • / DocuSign Env.ID: A581 DC29-8693-4B38-8FE4-4EA435B4BE6B • • SunGard Public Sector Application Annual Support: Customer is committed to the initial term of Maintenance and Support Services for which the support fee is included in the License fee(s) and begins upon execution of this Quote and extends for a twelve (12) month period . Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the prior support period . Support fees shown are for the second term of support for which SunGard Public Sector is committed and which shall be due prior to the start of that term . Fees for subsequent terms of support will be due prior to the start of each term at the then-prevailing rate. Subsequent terms will renew automatically until such time SunGard Public Sector receives written notice from the Customer thirty (30) days prior to the expiration of the then current term . Notification of non -renewal is required prior to the start of the renewal term . Customer will be invoiced , and payment is due, upon renewal. 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 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. Financ ial 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 . Third Party Product Annual Support Fees : The support fee for the initial annual period is included in the applicable Third Party Product License fees(s) unless otherwise stated . Subsequent terms invoiced by SunGard Public Sector will renew automatically at then-prevailing rates until such t ime SunGard Public Sector receives written notice of non-renewal from the Customer ninety (90) days in advance of the expiration of the then-current term . Notification of non-renewal is required prior to the start of the renewal term . Customer will be invoiced , and payment is due, upon renewal. As applicable for certain Third Party Products that are invoiced directly by the third party to Customer, payment terms for any renewal term(s) of support shall be as provided by the third party to Customer. Additional Terms: This Quote constitutes an Amendment to the existing Agreement by and between SunGard Public Sector LLC ("SunGard"), as successors to CRW Systems, Inc., and Customer, consenting to such assignment. Except as otherwise provided herein , all terms and conditions of the existing Agreement shall remain in full force and effect. SunGard is the sole owner of the Source Code , design specifications and associated documentation herein which relate to SunGard's licensed programs and which constitute the proprietary information and trade secrets of SunGard and are protected under the terms of the Agreement. If applicable, any code created hereunder will be licensed to Customer under the terms of the Agreement. There is no test ing and acceptance period or warranty for any product or service provided herein. The date of delivery is the date on which SunGard Public Sector delivers , F.O.B. SunGard Public Sector's place of shipment , the Software licensed programs to Customer. Applicable taxes are not included, and , if applicable , will be added to the amount in the payment of invoice(s) being sent separately. Travel and living expenses shall be governed by the SunGard Travel Policy . Third party hardware/software maintenance and/or warranty will be provided by the third party hardware and software manufacturer(s). SunGard Public Sector makes no representations as to expected performance, suitability, or the satisfaction of Customer's requirements with respect to the hardware or other third party products specified in this Quote. The return and refund policy of each individual third party hardware/software supplier shall apply. This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a manufacturer changes any of these respective policies or prices , SunGard Public Sector reserves the right to adjust this proposal to reflect those changes . SunGard Public Sector DocuSign Envelope ID : A581DC29-8693-4838-8FE4-4EA435B4BE68 Preprinted conditions and all other terms not included in this Quote or in the Agreement , stated on any purchase order or other document submitted hereafter by Customer are of no force or effect , and the terms and conditions of the Agreement and any amendments thereto shall control unless expressly accepted in writing by SunGard Public Sector to Customer. Annual maintenance is not included in any Custom Modification fee above and is not being provided . Customer is responsible for the cost for SunGard to retrofit the Modification into new releases . SunGard Public Sector's liability for damages to Customer for any cause whatsoever under this Quote, regardless of the form of action , is limited to the total amount of fees paid by Customer under this Quote. In no event will SunGard be liable for any consequential damages. SunGard Publ ic Sector will be covered at all times during the Term of the Agreement by such insurance as it deems adequate in its reasonable judgment , which shall in any event consist of not less than the following types and minimum amounts of coverage with a reputable insurance company(ies): (a) commercial general liability insurance covering claims for personal injury and property damage, with limits of not less than US $1 ,000 ,000 per occurrence ; (b) commercial crime coverage/fidelity bond insurance , with limits of not less than US $1,000,000 per occurrence ; (c) workers compensation coverage as required by the statutes of the jurisdiction in which the services are being performed covering all personnel employed by SunGard Public Sector in the performance of their duties who are required to be covered by the statutes of the applicable j urisdiction ; and (d) errors and omissions insurance with a reputable insurance company , with limits of not less than US $5,000 ,000 per occurrence and aggregate. Upon the reasonable request of Customer, SunGard Public Sector shall furnish Customer with a certificate of insurance as specified in this Agreement. Maintenance of insurance as specified in this Agreement shall in no way be interpreted as relieving or increasing SunGard Public Sector's responsibilities or liabilities under this Agreement; and SunGard Public Sector may carry , at its own expense, such additional insurance as it deems necessary, including self-insurance. The governing law of this Agreement shall be that of the State of Colorado . SunGard Public Sector LLC (J; DocuSl.gned by: ~;~5~~ Controller Authorized Sianature Authorized Sianature • 10/10/2016 Date Date Lisa Neumann Printed Name & Title Joe Jefferson, Mayor Printed Name & Title SunGard Public Sector • • 303590 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDO/YYYY) ~ 10/20/2016 •r CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~?,CT Atlanta Certificate Request Team Commercial Lines -(404) 923-3700 ;A~~NJn l=vtl• 404 -923-3700 I FAX IAIC Nol : 877-362 -9069 Wells Fargo Insurance Services USA , Inc. E-MAlL atlcertrequest@wellsfargo.com ADDRESS ; 3475 Piedmont Road NE, Suite 800 INSURER(S) AFFORDING COVERAGE NAIC# Atlanta , GA 30305-2886 INSURER A ; ACE Amer ican Insurance Company 22667 INSURED INSURERS : ACE Fire Underwriters Ins . Co . 20702 Fidelity National Information Services , Inc . & its Subs . INSURERC ; Agri General Insurance Company 42757 Corporate Risk Management Dept c/o FNIS INSURERD : Lloyd 's of London 601 Rivers ide Avenue , Bldg 1 INSURER E: Jacksonville, FL 32204 INSURER F: COVERAGES CERTIFICATE NUMBER: 10994555 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO LI CY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDIT ION OF AN Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB JECT TO AL L THE TERMS, EXCL USIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL 1susR (~~~JFiiv~Vvi (~~~<fiiv~Vvi LIMITS LTR llNSD l wvn POLICY NUMBER A x COMMERCIAL GENERAL LIABILITY x HDO G27404182 01/01/2016 01 /01 /2017 EACH OC CURRE NCE $ 1,000,000 ~ :=J CLA IMS-MA DE 0 OCC UR Ul'I MAGc li~i"""'"u PRE MISES Ea occurrence\ $ 1.000,000 x Host Li quo r Lia bility MED EXP (Any one pers on ) $ 0 ~ PERSONAL & ADV INJURY s 1,000 ,000 ~ GEN 'LAGGR EGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000 ,00 0 ~ D PRO -D LOC PR ODUCTS · COM P/O P AGG $ 2,000 ,0 00 POLIC Y JECT • OTHER : $ AUTOMOBILE LIABILITY COMBI NED SINGLE LIMIT s IEa acci den t\ f-- ANY AUTO BODIL Y INJURY (Pe r person ) $ f--OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S -HIRED t--NON -OWNED PROPERT Y DAMAGE AUTOS ONLY AUTOS ONLY IPer ac cid ent\ $ -t-- $ UMBRELLA LIAB H OCCUR EACH OCC URRE NCE s -EXCESSLIAB CLAI MS -MAD E AGGREG ATE $ OED I I RETE NTION$ $ WORKERS COMPENSATION 01/01 /2016 01/01/2017 I PER I I OTH-A AND EMPLOYERS ' LIABILITY WLR C48599370 X STATUTE ER YI N ANYPROPRIETOR /PART NER /EXECUTIVE ~ SCF C4859945A 01 /01/20 16 01/01/2017 E.L EA CH ACCIDENT s 1,000 ,000 B OFFI CER/MEM BER EXCLUDED ? NIA (Mandatory in NH) WLR C48599412 01 /01/20 16 01/01/2017 E.L. DISE ASE -EA EMPLO YEE $ 1,000,000 c ~~~'b~F~·ff~~ ~nFdgPERATI O NS be low E.L. DISE AS E -POLI CY LI MI T $ 1,000,000 D Crime W13208150401 11/09/2015 11/09/2016 $1 ,000.000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule , may be attached if more space is required) Additional Named Insured : SUNGARD DATA SYSTEMS INC., SUNGARD CAPITAL CORP. Its Companies & Subsidiaries . Certifi cate Holder is included as an additional insured for General Liability coverage if required by contract , but only with respe ct to activities or obligations performed under the contract and only to the limits required by the contract per the terms and conditions of the policies . CERTIFICATE HOLDER City of Englewood 1000 Englewood Par kway -nglewood, CO 80110-2373 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) CID : 303590 SID : 10994555 '• Certificate of Insurance (Con't) OTHER Coverage INSR TYPE OF INSURANCE ADDL WVD POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMIT L TR INSR SUBR (MM/DD/YY) (MM/DD/YY) D E&O W13210150401 11/09/2015 11/09/2016 $5,000 ,000 • Certificate of lnsurance-Con't • City of Englewood -11/4/2016 Public Improvement Fund Budget Methodology The Public Improvement Fund (PIF) budget is comprised of revenue from Vehicle Use Tax, a share in the Arapahoe County Road and Bridge Mill Levy and our Building Use Tax. The Vehicle Use Tax is estimated based on prior and current year collections. Anticipating flat growth in 2016 and 2017. Our Share of the Arapahoe County Road and Bridge Mill Levy is based on notification in January from Arapahoe County. The budget amount is based on the actual amount notified to be received for the current year. The Building Use Tax is based on an estimate that includes a base amount for residential and small commercial remodeling construction projects and planned, anticipated/known larger development projects. Within that estimate, we detail the projects we know are underway or planned and the remaining is the difference between that and the overall estimate. All three of the components above are included in the PIF budget revenue estimate. From the total PIF budget revenue estimate, a portion is identified ($1,350,000 for 2017) and allocated/transferred to the Capital Projects Fund. Littleton/Englewood Wastewater Treatment Plant Joint Venture Schedule of Revenues, Expenditures and Changes in Funds Available - Budget and Actual (Budgetary Basis) For the Year Ended December 31, 2015 4--- With Comparative Totals for the Year Ended December 31 , 2014 4 Variance with Budgeted Amounts Final Budget - Actual Positive 2014 Original Final Amounts (Negative) Actual Revenues Reimbursement of operating expenses City of Littleton $ 6,891 ,312 $ 6,891 ,312 $ 6,250 ,607 $ (640 ,705) $ 6, 149 ,761 City of Englewood 7,172 ,590 7,172 ,590 7,305 ,056 132,466 7,221 ,639 Capital contributions City of Littleton 907,250 907 ,250 352,990 (554,260) 497 ,019 City of Englewood 907 ,250 907 ,250 352 ,990 (554,260) 497 ,019 Septic hauling 50 ,000 50,000 85 ,926 35,926 69 ,113 Farm income from crop sales 86 ,599 86 ,599 55 ,236 (31 ,363) 62 ,876 Industrial wastewater sampling and analysis 11 ,000 11 ,000 9,100 (1 ,900) 5,977 Net investment income 23 ,447 23 ,447 6,035 (17,412) 8,419 Other 77 ,204 77,204 (58 ,878) ~ Total revenues 16 , 126 ,6 52 16 ,126 ,652 ( 1,690 ,386) Expenditures Treatment 5,929 ,407 5,929,407 5,787 ,557 141 ,850 5,742 ,664 Engineering and Maintenance 2,893 ,872 2,893 ,872 3,019 ,683 (125 ,811) 3,066 ,223 Laboratory Services 894 ,633 894 ,633 836 ,232 58,401 813 ,362 Beneficial use 843 ,115 843 ,115 784,694 58,421 889,268 Personal services 2,006 ,442 2,006 ,442 1,942 ,699 63 ,743 1,717 , 163 Contractual 1,507 ,643 1,507 ,643 1, 118,441 389 ,202 1, 105 , 143 Commodities 237 ,040 237 ,040 240 ,980 (3 ,940) 213 ,626 Capital outlay 1,814 ,500 1,814 ,500 1,108 ,520 6 Total expenditures 16 , 126 ,652 16 , 126 ,652 1,690 ,386 Excess revenues over (under) expenditures Funds available -beginning 115 ,676 115 ,676 115 ,676 115 ,676 Funds available -ending $ 115 ,676 $ 115 ,676 $ 115 ,676 $ -$ 115 ,676 Funds available is computed as follows : Current assets $ 1,551 ,656 $ 2,049 ,055 Current liabilities (1,435 ,980) (1 ,933 ,379) $ 115 ,676 $ 115 ,676 See Independent Auditor's Report 13 ·' Date November 7 , 2016 Initiated By COUNCIL COMMUNICATION Agenda Item 11ai Department Of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Establishing The 2016 Mill Lev Collected in 2017 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 . On October 3, 2016 a first reading was conducted and the ordinance was passed 7-0 a October 17 , 2016 on second reading the motion failed on a 3-2 vote . The Englewood's home rule charter , Trticle V , Section 37 requires that every ordinance shall require the affirmative vote of the majority of the membership of the entire council for final passage. RECOMMENDED ACTION Staff recommends Council approve this bill for an ordinance 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 A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER ------- 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. 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 defeated on final reading on the 17th day of October, 2016. Reintroduced, read in full, and passed on first reading on the 7th day of November, 2016 1 Published as a Bill for an Ordinance in the City's official newspaper on the 10th of November, 2016. Published by title on the City's official website beginning on the 9th day of November, 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, reintroduced, read in full, and passed on first reading on the 7th day of November, 2016. Loucrishia A . Ellis 2 • • • COUNCIL COMMUNICATION Date November 7, 2016 Initiated By Agenda Item 11aii 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 Year2017 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 . Mublic hearing to gather citizen input regarding the 2017 Proposed Budget was held on September 19, 2016. Tue 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. On October 3, 2016 a first reading was conducted and the ordinance was passed 7-0 On October 17, 2016 on second reading the motion failed on a 3-2 vote. The Englewood's home rule charter, Article V, Section 37 requires that every ordinance shall require the affirmative vote of the majority of the membership of the entire council for final passage. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance 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 $115,674 . • e 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 A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR FISCAL YEAR 2017 . 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 publishd within seven days after the submission of the budget in the manner provided in the Charter for fr . 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 201 7 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 Wast ewater Treatment Plant Fund Balance -January 1, 2017 Revenues Expenditures Fund Balance -December 31 , 201 7 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 defeated on final reading on the 17th day of October, 2016. Reintroduced, read in full, and passed on first reading on the 7th day of November, 2016 Published as a Bill for an Ordinance in the City's official newspaper on the 10th of November, 2016. Published by title on the City's official website beginning on the 9th day of November, 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, reintroduced, read in full, and passed on first reading on the 7th day of November, 2016. Loucrishia A. Ellis 2 • • COUNCIL COMMUNICATION Subject Date November 7, 2016 Agenda Item 11 aiii Bill For An Ordinance Appropriating Funds For The Littleton/Englewood Wastewater Treatment Plant For Fiscal Year 2017 Initiated By Department of Finance and Administrative Services PREVIOUS COUNCIL ACTION 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. Ae to no public comment from the public hearing necessitating changes to the proposed budget, the "budget Torkshop" scheduled for the September 26 , 2016 Study Session was not held. On October 3, 2016 a first reading was conducted and the ordinance was passed 7-0 . On October 17 , 2016 on second reading the motion failed on a 3-2 vote . The Englewood's home rule charter, Article V, Section 37 requires that every ordinance shall require the affirmative vote of the majority of the membership of the entire council for final passage. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds 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 ,674 . The total appropriation (use of funds) for 2017 is $19 , 155,242. 6sT OF ATTACHMENTS ~oposed bill for ordinance , . • • • ORDINANCE NO . SERIES OF 2016 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 33 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE APPROPRJATIN&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 ofrevenue in the Littleton/Englewood Wastewater Treatment Plant Fund including available fund balance during the year beginning January 1, 2017, 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 defeated on final reading on the 17th day of October, 2016. Reintroduced, read in full, and passed on first reading on the ?'1 ' day of November, 2016 Published as a Bill for an Ordinance in the City's official newspaper on the lOtli of November, 2016 . Published by title on the City's official website beginning on the 9th day of November, 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, reintroduced, read in full, and passed on first reading on the 7th day of November, 2016 . Loucrishia A. Ellis 2 .. - • • • COUNCIL COMMUNICATION Date November 7, 2016 Initiated By Agenda Item 11aiv Department Of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Adopting the Budget For Fiscal Year 2017 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. On October 3, 2016 a first reading was conducted and the ordinance was passed 5-2 . • October 17 , 2016 on second reading the motion failed on a 3-2 vote. The Englewood's home rule charter, Article V, Section 37 requires that every ordinance shall require the affirmative vote of the majority of the membership of the entire council for final passage . RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance adopting the 2017 Budget. 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 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 Dewlopment 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 lmprowment 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 ,1 68 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 Sen.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, 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 • • • • BY AUTHORITY ORDINANCE NO . SERIES OF 2016 A BILL FOR COUNCIL BILL NO . 34 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2017. 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 occasions; 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, 2017 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 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 Other 408 106 • Total Revenues $ 45,069,198 Other Financing Sources 117,033 Total Sources of Funds $ 45,186,231 Ex2enditures 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, 201 7 $ 188,552 Revenues $ 310,000 Expenditures $ 440,000 Fund Balance, December 31, 201 7 $ 58,552 Community Develo2ment Fund Fund Balance, January 1, 2017 $ -0- Revenues $ 330,000 Expenditures $ 330,000 Fund Balance, December 31, 201 7 $ -0- Donors Fund Fund Balance, January 1, 2017 $ 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, 2017 $ 64,135 Revenues $ 1,102,000 Expenditures $ 1,110 ,713 Fund Balance, December 31, 201 7 $ 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, 201 7 $ 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, 201 7 $ 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, 201 7 $ 1,838,211 Storm Drainage Fund Fund Balance, January 1, 2017 $ 1,222,343 Revenues $ 332,514 Expenditures $ 379,085 Fund Balance, December 31, 201 7 $ 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, 2017 $ 587,843 Concrete Utility Fund Fund Balance, January 1, 201 7 $ 663,704 Revenues $ 884,200 Expenditures $ 836,905 Fund Balance, December 31, 201 7 $ 710,999 Housing Rehabilitation Fund Fund Balance, January 1, 2017 $ 811,201 Revenues $ 261,299 Expenditures $ 1,024,500 Fund Balance, December 31, 201 7 $ 48,000 Section 7. INTERNAL SERVICE FUNDS Central Services Fund Fund Balance, January 1, 201 7 $ 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, 201 7 $ 167,971 Ca12ital Egui12ment Re12lacement 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, 201 7 $ 437,476 Revenues $ 1,476,156 Expenditures $ 1,433,645 Fund Balance, December 31, 2017 $ 479,987 Em12loyee Benefits Fund Fund Balance, January 1, 2017 $ 200,671 Revenues $ 5,919,014 Expenditures $ 5,934,550 Fund Balance, December 31, 201 7 $ 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. 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 defeated on final reading on the 17th day of October, 2016. Reintroduced, read in full, and passed on first reading on the 7th day of November, 2016 Published as a Bill for an Ordinance in the City's official newspaper on the 10th of November, 2016. 5 Published by title on the City's official website beginning on the 9th day of November, 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, reintroduced, read in full, and passed on first reading on the 7th day of November, 2016. Loucrishia A. Ellis 6 • • • COUNCIL COMMUNICATION Date Novembe r 7 , 2016 Initiated By Agenda Item 11av Department of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Appropriating Funds For Fiscal Year 2017 Staff Source Kath Rinke l, Director City Council and staff began the 2017 budget process at the April 18 , 2016 Study Session with an overv iew 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 rev iewed 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 act ivities 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 " schedu led for the September 26, 2016 Study Session was not held . On October 3 , 2016 a first reading was conducted and the ordinance was passed 5-2 . A October 17 , 2016 on second reading the motion failed on a 3-2 vote . The Englewood 's home rule charter , Trticle V , Section 37 requires that every ordinance shall require the affirmative vote of the majority of the membership of the entire council for final passage. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds for 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 lim ited growth in the revenue sources available to the C ity , the 2017 Budget limited expenditures increases as much as possible while limit ing 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 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 P rojects 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"1ces 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 Replaceme nt 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 ----- A BILL FOR 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 ofrevenue including available fund balances during the year beginning January 1, 2017, and ending December 31, 201 7, 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 Other Financing Uses 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 -0- Total General Fund $ 44,983,109 • CONSERVATION TRUST FUND Total Conservation Trust Fund $ 440,000 COMMUN1TY DEVELOPMENT FUND Total Community Development Fund $ 330,000 DONORS FUND Total Donors Fund $ 490,060 PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ 320,000 MALLEY CENTER TRUST FUND Total Malley Center Trust Fund $ 20,000 • OPEN SPACE FUND Total Open Space Fund $ 912,000 GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund $ 1,110,713 PUBLIC IMPROVEMENT FUND Total Public Improvement Fund $ 4,104,043 CAPITAL PROJECTS FUND Total Capital Projects Fund $ 1,463,490 WATER FUND • 2 • • • 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 Servi Center 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 Total Employee Benefits Fund $ 5 ,934,550 3 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 201 7. Section 4. All unappropriated monies that may come into the hands of the Director 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 defeated on final reading on the 17th day of October, 2016. Reintroduced, read in full, and passed on first reading on the 7th day of November, 2016 Published as a Bill for an Ordinance in the City's official newspaper on the 10th of November, 2016. Published by title on the City's official website beginning on the 9th day of November, 2016 for thirty (30) days. ATTEST: Joe Jefferson, Mayor 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, reintroduced, read in full, and passed on first reading on the 7th day of November, 2016. Loucrishia A Ellis 4 • • • r RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE FOR THE CALENDAR YEAR 2017 . WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing salaries for the Municipal Judge; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. For the year of 2017 the annual base pay for the Municipal Court Judge shall be increased 3% commencing on his anniversary . ADOPTED AND APPROVED this 7th day of November, 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 abov e is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis , City Clerk Stephanie Carlile • m: t: To: Cc: Subject: Eric/Stephanie, Jayleen Schell Tuesday, November 01, 2016 9:25 AM Eric Keck; Stephanie Carlile Vince Atencio FW : Salary survey Below is the salary information that was sent to Judge Atencio for you to share with City Council. Thanks, Jayleen From: Jayleen Schell Sent: Wednesday, October 26, 2016 11 :50 AM To: Vince Atencio <vatencio@Englewoodco .gov> Cc: Tamara Wolfe <twolfe@Englewoodco.gov> Subject: RE: Salary survey I apologize for the delay. A:>w is information I was able to gather on Denver Metro Area full-time judges . If you know of an additional entity Tat isn't reflected, let me know and I can research further. LAKEWOOD BOULDER AURORA LONGMONT THORNTON WESTMINSTER ENGLEWOOD • Denver Metro Area Preferred Title Municipal Judge Municipal Judge Presiding Judge Municipal Judge Presiding Municipal Judge Municipal Judge Judge #of Direct Reports 0 0 5 3 0 1 Median of Entities (Denver Metro Area only) Englewood Judge Compared to Denver Metro Median Salary Salary Information as of $129,792 4/17/2016 $146 ,022 4/29/2016 $151 ,239 2/22/2016 $130 , 145 1/23/2016 $141 ,037 2/29/2016 $145 ,871 2/25/2016 $134,256 212912016 $143,454 -6.85% From: Vince Atencio Sent: Monday, October 10, 2016 11 :10 AM To: Jayleen Schell <jschell@Englewoodco.gov> Cc: Tamara Wolfe <twolfe@Englewoodco .gov> Subject: Salary survey I was following up to see if your office has completed a salary survey for my meeting with council on November 7th . appreciate your help and let me know if you have any questions. Vince Atencio 2 .. • • • CITY Arvada Aurora Boulder Broomfield MUNICIPAL JUDGE SALARY SURVEY 2016 (Presiding judges) SALARY COMMENTS $143,273 Last increase 6/29/15, $151,239 Info as of 2/22/16 $146,022 Info as of 4/29/16, scheduled for increase 7/1/16, no DV cases $ 87,500 3 days/week, .6 FTE of $145 ,833 if full time, last increase 1/1/16 Colorado Springs $119,212 All judges are .5 FTE or less, presiding judge also has administrative duties, last increase 3/29/15 Denver $170,537 2015 salary plus implied 3% raise Fort Collins $113,740 4 days/week, .8 FTE of $142, 175 if full time, last increase 1/4/16 Greeley $125,636 No domestic violence Longmont $130, 140 Last increase 12/23/13 Thornton $141,037 Next increase 12/25/16 Westminster $145,871 Last increase 1/1/16 Englewood $134,256 Last increase 1 /1 /15 Requested increase is 3% for a new salary of $138,284