HomeMy WebLinkAbout2014-07-07 (Regular) Meeting Agenda Packet1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, July 7, 2014
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session .
a. Minutes from the Regular City Council Meeting of June 16, 2014.
6. Recognition of Scheduled Public Comment. (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. Karen Miller will be present to address City Council regarding the upcoming Englewood
Education Foundation fundraiser.
7. Recognition of Unscheduled Public Comment. (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.
Please note: If you have a disability and need auxiliary aids or services , please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed .
Englewood City Council Agenda
July 7, 2014
Page 2
8. Communications, Proclamations, and Appointments .
a. A proclamation recognizing the members of the Englewood School District's Class of 2014 for
their enlistment in the United States armed forces.
b. A proclamation recognizing July 2014 as Parks and Recreation Month.
c. A resolution reappointing Mary Berger to the Code Enforcement Advisory Committee.
d . A resolution appointing Adrian Fryxell to the Code Enforcement Advisory Committee.
e. A resolution appointing Chad Glover as a Youth Liaison to the Parks and Recreation
Commission.
f. A resolution appointing Chad Glover as a Youth Liaison to the Public Library Board .
g. A resolution appointing Chrystie Hopkins to the Cultural Arts Commission.
h. A resolution appointing Melissa Izzo as an alternate member to the Cultural Arts Commission.
i. A resolution appointing Melisa Izzo to the Public Library Board.
j. A resolution reappointing Chad Knoth to the Alliance for Commerce in Englewood .
k. A resolution appointing Andrea Mallen to the Cultural Arts Commission.
I. A resolution appointing Marta Mansbacher as a Youth Liaison to the Parks and Recreation
Commission.
m. A resolution appointing Chad Michels to the Alliance for Commerce in Englewood .
n. A resolution appointing Chad Michels to the Code Enforcement Advisory Committee.
o. A resolution reappointing Jared Munn as a Youth Liaison to the Cultural Arts Commission.
p. A resolution reappointing Harvey Pratt to the Budget Advisory Committee.
q. A resolution appointing Lauren Ries to the Alliance for Commerce in Englewood.
r. A resolution appointing Lauren Ries to the Code Enforcement Advisory Committee.
s. A resolution appointing Justin Rose to the Cultural Arts Commission .
t. A resolution appointing Jennifer Scoggins to the Keep Englewood Beautiful Commission.
u. A resolution appointing Tristan Sedbrook to the Alliance for Commerce in Englewood.
v. A resolution recommending the reappointment of Evelyn Vaughn to the Englewood Housing
Authority.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Eng lewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
Jul y 7, 2014
Page 3
w. A resolution appointing Karen Vigliano as an alternate to the Alliance for Commerce in
Englewood.
x . A resolution reappointing Hugo Weinberger to the Alliance for Commerce in Englewood.
y. A resolution appointing D. Alexander Wenzel to the Liquor and Medical Marijuana Licensing
Authority.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill No. 3 7 -Recommendation from the Police Department to adopt a bill for
an ordinance authorizing the application for and acceptance of a grant award from the
Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG)
Program. Staff Source: Deputy Chief Jeff Sanchez.
ii. Council Bill No. 38 -Recommendation from the Community Development
Department authorizing the execution of Intergovernmental Subgrantee Agreements
with Arapahoe County for the 2014 Community Development Block Grant (CDBG).
Staff Source: Harold Stitt, Senior Planner and Janet Grimmett, Housing Finance
Specialist.
iii. Council Bill No. 39 -Recommendation from the Parks and Recreation Department to
approve a bill for an ordinance authorizing an intergovernmental agreement with
Arapahoe County for open space grant funding for the synthetic turf field at the new
Englewood Campus. Staff Source: Jerrell Black, Parks and Recreation Director and
Joe Sack, Recreation Services Manager.
iv. Council Bill No. 40 -Recommendation from the Fire Department to adopt a bill for
an ordinance authorizing an Intergovernmental Agreement with the State of Colorado
to Permit Clinical Training to students of Red Rocks Community College. Staff
Source: Andrew Marsh, Fire Chief.
v . Council Bill No. 42 -Recommendation from the Election Commission /City Clerk's
Office to approve a bill for an ordinance authorizing an intergovernmental agreement
with Arapahoe County for the November 4, 2014 Coordinated Election. Staff Source:
Frank Gryglewicz, Director of Finance and Administrative Services and Loucrishia A.
Ellis, City Clerk/Election Commission Member.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 34, accepting $16,300 from the State of Colorado -Economic
Development Commission (EDC). This grant will be used to fund administration
activities for the Arapahoe County Enterprise Zone.
ii. Council Bill No. 35 , approving an Intergovernmental Agreement with Denver Regional
Council of Governments for the 2014 Traffic Signal System Equipment Purchase
program.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
July 7, 2014
Page 4
iii . Council Bill No. 36, authorizing an amendment to the Englewood Municipal Code 5-
15-4:G-9 to require electronic submission of pawnbroker transactions to the Police
Department.
c. Resolutions and Motions.
10. Public Hearing Items. (None Scheduled)
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 41 -Recommendation from the Englewood Mclellan Reservoir
Foundation to adopt a bill for an ordinance authorizing a ballot question on the
November 2014 ballot seeking approval of the requested property trade. Staff Source:
Michael Flaherty, Deputy City Manager.
b . Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. Recommendation from the Littleton /Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, an information technology network
infrastructure upgrade for the L/E Wastewater Treatment Plant. Staff recommends
awarding the contract to Lewan and Associates, taking advantage of the State of
Colorado contract pricing, with a total hardware cost of $140,208 and professional
services cost for engineering and implementation in the amount of $35,750. Staff
Source: Jeff Konishi, Director of Information Technology and Cindy Goodburn L/E
WWTP Business Senrices Manager.
12. General Discussion .
a. Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
Please note : If you have a di sa bility and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
PUBLIC COMMENT ROSTER
July 7, 2014
PLEASE PRINT
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PROCLAMATION
WHEREAS, The City of Englewood wishes to honor the young people in
Englewood who contribute to the community, the state, and the nation; and
WHEREAS, several recent high school graduates from Englewood Public Schools
have made a commitment to enlist in various branches of the military, including the
United States Army and Army Reserves, the United States Marine Corps, and the
United States Navy; and
WHEREAS, these young men and women are taking steps to secure a bright
future for themselves and their country, and their loyalty and dedication is to be
lauded; and
WHEREAS, these young people are owed a debt of gratitude by the City and
Community of Englewood and the entire nation; and
WHEREAS, the City of Englewood takes great pride in honoring the young men
and women from Englewood who have chosen to serve their country in the United
States Armed Forces;
NOW, THEREFORE, I, Randy P. Penn, Mayor of the City of Englewood,
Colorado, offer Englewood's heartfelt congratulations and grateful appreciation to our
recent high school graduates who have enlisted in the military branches of the United
States of America.
GIVEN under my hand and seal this 71h day of July 2014.
Randy P. Penn, Mayor
8a
Lou Ellis
From:
Sent:
To:
Cc:
Leigh Ann Hoffhines on behalf of Council
Monday, July 07 , 2014 4 :26 PM
#City Counc il
Lou Ellis ; Kerry Bush
Subject: FW: Advisory Board Appointments
Mayor Penn & Members of City Council -We received the following note this afternoon via the Council email.
Ms. Ries was slated to be appointed to ACE and the Code Enforcement Advisory Committee at this evening's
meeting, but she is unable to serve at this time.
Leigh Ann
From: Lauren Ries [mailto :ries .lauren@qmail.com]
Sent: Monday, July 07, 2014 3:59 PM
To: Council
Subject: Advisory Board Appointments
Mayor Penn and City Council ,
I regret to inform you that I will not be able to serve on the ACE committee and
Code Enforcement Advisory Committee due to unexpected circumstances that arose between
the time of my interview and appointment. Please know that I am genuinely committed to
serving Englewood and hope that you consider me for a potion at a future time.
Again , I apologize for the late notice. Thank you for your hard work and service to our great
city .
Sincerely,
Lauren Ries
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this country, including the City of Englewood, Colorado; and
WHEREAS, our parks and recreation are vitally important to establishing and maintaining the
quality of life in our communities, ensuring the health of all citizens, and contributing to the economic
and environmental well-being of a community and region; and
WHEREAS, parks and recreation programs build healthy, active communities that aid in the
prevention of chronic disease, provide therapeutic recreation services for those who are mentally or
physically disabled, and also improve the mental and emotional health of all citizens; and
WHEREAS, parks and recreation programs increase a community's economic prosperity through
increased property values , expansion of the local tax base, increased tourism, the attraction and
retention of businesses, and crime reduction; and
WHEREAS , parks and recreation areas are fundamental to the environmental well-being of our
community; and
WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent
flooding , improve the quality of the air we breathe, provide vegetative buffers to development, and
produce habitat for wildlife; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community
and provide a place for children and adults to connect with nature and the outdoors; and
WHEREAS , the U.S . House of Representatives has designated July as Parks and Recreation
Month.
NOW THEREFORE, I, Randy P . Penn, Mayor of the City of Englewood, Colorado, hereby
proclaim the month of July, 2014 , as
NATIONAL RECREATION AND PARKS MONTH
in the City of Englewood, Colorado . I call upon Englewood parks and recreation supporters to join in
recognizing the importance of our nation's parks and recreation facilities, to recognize the employees
and volunteers and to learn more about how to support the places that bring our communities a higher
quality of life, safer places to play and healthy alternatives through recreation programming for
everyone. I urge the citizens of Englewood to enjoy what their community has to offer by taking part in
their favorite sports, and visiting the outdoors .
GIVEN under my hand and seal this 7th day of July, 2014 .
Randy P . Penn, Mayor
8b
RESOLUTION NO.
• SERIES OF 2014
A RESOLUTION REAPPOINTING MARY BERGER TO THE CODE ENFORCEMENT
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the
Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and
WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused
on the activities and services of code enforcement and regulatory processes of the neighborhood
services of the Englewood Police Department; and
WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City
Council and to the City Manager or his designee for improvements relating to neighborhood
services in the City; and
WHEREAS, Mary Berger has served as a member of the Englewood Code Enforcement
Advisory Committee; and
WHEREAS, Mary Berger's term expired on July 1, 2014; and
WHEREAS, the Englewood City Council desires to reappoint Mary Berger to another term.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
• ENGLEWOOD, COLORADO, THAT:
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Section 1. Mary Berger is hereby reappointed to the Englewood Code Enforcement Advisory
Committee. Mary Berger's term will be effective immediately and will expire July 1, 2016.
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
Be
RESOLUTION NO.
• SERIES OF 2014
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A RESOLUTION APPOINTING ADRIAN FRYXELL TO THE CODE ENFORCEMENT
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS , the Englewood Code Enforcement Advisory Committee was established by the
Englewood City Council with the passage of Ordinance No. 71 , Series of 1997 ; and
WHEREAS , Adrian Fryxell has applied to serve as a member of the Englewood Code
Enforcement Advisory Committee; and
WHEREAS , the Englewood City Council desires to appoint Adrian Fryxell to the Englewood
Code Enforcement Advisory Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT:
Section 1. Adrian Fryxell is hereby appointed to the Englewood Code Enforcement Advisory
Committee. Adrian Fryxell 's term will be effective immediately and will expire
July 1, 2016 .
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATTEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado , hereby certify the
above is a true copy of Resolution No. __ , Series of2014 .
Loucrishia A. Ellis, City Clerk
8d
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RESOLUTION NO .
SERlES OF 2014
A RESOLUTION APPOINTING CHAD GLOVER AS A YOUTH MEMBER
OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Parks and Recreation Commission was established to advise City
Council in all matters pertaining to recreation; and
WHEREAS, there is a vacancy on the Englewood Parks and Recreation Commission; and
WHEREAS, Chad Glover has applied to serve as a youth member of the Englewood Parks and
Recreation Commission; and
WHEREAS, the Englewood City Council applauds the volunteerism of this Englewood youth
and desires to appoint Chad Glover to the Englewood Parks and Recreation Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Chad Glover is hereby appointed as a youth member to the Parks and Recreation
Commission. Chad Glover's term will be effective immediately and will expire July 1, 2015 .
ADOPTED AND APPROVED this 7th day of July, 2014.
ATIEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8e
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING CHAD GLOVER AS A YOUTH MEMBER TO THE
PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Public Library Board was established by the Englewood Home
Rule Charter to develop and maintain a modem Library System; and
WHEREAS, Chad Glover has applied for appointment to the Englewood Public Library
Board; and
WHEREAS, the Englewood City Council applauds the volunteerism of this Englewood youth
and desires to appoint Chad Glover to the Englewood Public Library Board; and
WHEREAS, Chad Glover meets the requirements set forth by City Council for appointment
as youth member to the Public Library Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Chad Glover is hereby appointed as a youth member to Englewood Public
Library Board. Chad Glover's term will be effective immediately and will expire
July 1, 2015 .
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8 f
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING CHRYSTIE HOPKINS AS A MEMBER OF THE
CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood
City Council with the passage of Ordinance No. 5, Series of 1996; and
WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the
development of cultural arts activities and to implement an Arts Plan; and
WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and
WHEREAS, Chrystie Hopkins has graciously applied for appointment to the Englewood
Cultural Arts Commission; and
WHEREAS, the Englewood City Council desires to appoint Chrystie Hopkins to the
Englewood Cultural Arts Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Chrystie Hopkins is hereby appointed to the Cultural Arts Commission for the City
of Englewood, Colorado. Chrystie Hopkin's term will become effective immediately and will
expire July 1, 201 7 .
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8g
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING MELISSA IZZO AS AN ALTERNATE MEMBER TO THE
CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood
City Council with the passage of Ordinance No. 5, Series of 1996; and
WHEREAS, Milissa Izzo has graciously offered to serve on the City of Englewood's boards
and commissions; and
WHEREAS, currently there are no vacancies on the boards and commissions; and
WHEREAS, the Englewood City Council desires to appoint Milissa Izzo as an alternate
member to the Englewood Cultural Arts Commission; and
WHEREAS, City Council has requested staff to send this alternate member packets for the
Commission she will be serving on so that she can maintain an understanding of the current
issues and rules; and
WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this
individual wishes to bestow upon the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Englewood City Council hereby appoints Milissa Izzo as an alternate member
of the Englewood Cultural Arts Commission.
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8h
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING MELISSA IZZO TO THE PUBLIC LIBRARY BOARD FOR
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Public Library Board was established by the Englewood Home
Rule Charter to develop and maintain a modern Library System; and
WHEREAS , there is a vacancy on the Englewood Public Library Board; and
WHEREAS, Melissa Izzo has applied for appointment to the Englewood Public Library
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. Melissa Izzo is hereby appointed as a member to Englewood Public Library
Board. Melissa Izzo's term will be effective immediately and will expire February 1, 2016.
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8i
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION REAPPOINTING CHAD KNOTH TO THE ALLIANCE FOR COMMERCE
IN ENGLEWOOD (ACE) COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Alliance For Commerce In Englewood Committee was established by the
Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and
WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood
City Council, focusing on the creation of an environment in which existing business can thrive
and new business can prosper; and
WHEREAS, Chad Knoth is a current member of Alliance For Commerce In Englewood
Committee; and
WHEREAS, Chad Knoth's term expired July 1, 2014; and
WHEREAS, Chad Knoth has offered to serve and has applied for reappointment to the
Alliance For Commerce In Englewood Committee; and
WHEREAS, the Englewood City Council desires to reappoint Chad Knoth to the Alliance for
Commerce in Englewood Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Chad Knoth is hereby reappointed to Alliance For Commerce in Englewood
Committee. Chad Knoth's term will be effective immediately and will expire July 1, 2017.
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATTEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8 j
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RESOLUTION NO.
SERIES OF 2014
A RESOLUTION APPOINTING ANDREA MALLEN AS A MEMBER OF THE CULTURAL
ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood
City Council with the passage of Ordinance No . 5, Series of 1996; and
WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the
development of cultural arts activities and to implement an Arts Plan; and
WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and
WHEREAS, Andrea Mallen has graciously applied for appointment to the Englewood
Cultural Arts Commission; and
WHEREAS, the Englewood City Council desires to appoint Andrea Mallen to the Englewood
Cultural Arts Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Andrea Mallen is hereby appointed to the Cultural Arts Commission for the City of
Englewood, Colorado . Andrea Mallen's term will become effective immediately and will expire
July 1, 2017 .
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8k
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RESOLUTION NO.
SERIES OF 2014
A RESOLUTION APPOINTING MARTA MANSBACHER AS A YOUTH MEMBER
OF THE PAR.KS AND RECREATION COMMISSION FOR THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Parks and Recreation Commission was established to advise City
Council in all matters pertaining to recreation; and
WHEREAS, there is a vacancy on the Englewood Parks and Recreation Commission; and
WHEREAS, Marta Mansbacher has applied to serve as a youth member of the Englewood
Parks and Recreation Commission; and
WHEREAS, the Englewood City Council applauds the volunteerism of this Englewood youth
and desires to appoint Marta Mansbacher to the Englewood Parks and Recreation Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Marta Mansbacher is hereby appointed as a youth member to the Parks and
Recreation Commission. Marta Mansbacher's term will be effective immediately and will expire
February 1, 2015 .
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the
above is a true copy of Resolution No. __ , Series of2014.
Loucrishia A. Ellis, City Clerk
81
RESOLUTION NO.
• SERIES OF 2014
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A RESOLUTION APPOINTING CHAD MICHELS TO THE ALLIANCE FOR COMMERCE
IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS , the Alliance For Commerce In Englewood Committee was established by the
Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and
WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood
City Council, focusing on the creation of an environment in which existing business can thrive
and new business can prosper; and
WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and
WHEREAS, Chad Michels has applied to serve as a member of Alliance for Commerce In
Englewood Committee; and
WHEREAS, the Englewood City Council desires to appoint Chad Michels to Alliance for
Commerce In Englewood Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Chad Michels is hereby appointed to Alliance for Commerce In Englewood
Committee. Chad Michels term will be effective immediately and will expire July 1, 2015.
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8m
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING CHAD MICHELS TO THE CODE ENFORCEMENT
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the
Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and
Chad Michels has applied to serve as a member of the Englewood Code Enforcement Advisory
Committee; and
WHEREAS, the Englewood City Council desires to appoint Chad Michels to the Englewood
Code Enforcement Advisory Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Chad Michels is hereby appointed to the Englewood Code Enforcement Advisory
Committee. Chad Michels' term will be effective immediately and will expire
July 1, 2016.
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8n
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION REAPPOINTING JARED MUNN AS A NON-VOTING YOUTH LIAISON
TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood
City Council with the passage of Ordinance No. 5, Series of 1996; and
WHEREAS, the purpose of the Cultural Arts Commission was to provide planning for the
development of cultural arts activities and to implement an Arts Plan; and
WHEREAS, Jared Munn has served as a non-voting youth liaison member of the Englewood
Cultural Arts Commission; and
WHEREAS, Jared Munn's term expired July 1, 2014; and
WHEREAS, Jared Munn has offered to serve and has applied for reappointment to the
Englewood Cultural Arts Commission; and
WHEREAS, the City Council desires to reappoint Jared Munn as a non-voting youth liaison to
the Cultural Arts Commission for another term expiring July 1, 2015 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Jared Munn is hereby reappointed as a non-voting youth liaison to the Cultural Arts
Commission. Jared Munn's term will be effective immediately and will expire July 1, 2015.
ADOPTED AND APPROVED this 7th day of July, 2014.
AITEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
80
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION REAPPOINTING HARVEY PRATT TO THE BUDGET ADVISORY
COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Budget Advisory Committee was established by the Englewood
City Council with the passage of Ordinance No. 16, Series 2013; and
WHEREAS, the City's finances and budget activities are important to the very essence of the
City of Englewood's community; and
WHEREAS, the City Council recognizes the importance of citizen involvement in setting the
scope of the budget activities in the City; and
WHEREAS, Harvey Pratt is a current member of the Englewood Budget Advisory
Committee; and
WHEREAS, Harvey Pratt's term expired July 1, 2014; and
WHEREAS, Harvey Pratt has offered to serve and has applied for reappointment to the
Budget Advisory Committee; and
WHEREAS, the Englewood City Council desires to reappoint Harvey Pratt to the Englewood
Budget Advisory Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Harvey Pratt is hereby reappointed to the Englewood Budget Advisory Committee.
Harvey Pratt's term will be effective immediately and will expire July 1, 2017.
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST :
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of2014.
Loucrishia A. Ellis, City Clerk
8p
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING LAUREN RIES TO THE ALLIANCE FOR COMMERCE IN
ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Alliance For Commerce In Englewood Committee was established by the
Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and
WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood
City Council, focusing on the creation of an enviromnent in which existing business can thrive
and new business can prosper; and
WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and
WHEREAS, Lauren Ries has applied to serve as a member of Alliance for Commerce In
Englewood Committee; and
WHEREAS, the Englewood City Council desires to appoint Lauren Ries to Alliance for
Commerce In Englewood Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Lauren Ries is hereby appointed to Alliance for Commerce In Englewood
Committee. Lauren Ries term will be effective immediately and will expire July 1, 2016.
ADOPTED AND APPROVED this 7th day of July, 2014 .
AITEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A . Ellis, City Clerk
8q
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING LAUREN RIES TO THE CODE ENFORCEMENT
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the
Englewood City Council with the passage of Ordinance No . 71 , Series of 1997; and
WHEREAS, Lauren Ries has applied to serve as a member of the Englewood Code
Enforcement Advisory Committee; and
WHEREAS, the Englewood City Council desires to appoint Lauren Ries to the Englewood
Code Enforcement Advisory Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Lauren Ries is hereby appointed to the Englewood Code Enforcement Advisory
Committee. Lauren Ries ' term will be effective immediately and will expire
July 1, 2016 .
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of2014.
Loucrishia A. Ellis, City Clerk
8 r
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING JUSTIN ROSE AS A MEMBER OF THE CULTURAL ARTS
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood
City Council with the passage of Ordinance No. 5, Series of 1996; and
WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the
development of cultural arts activities and to implement an Arts Plan; and
WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and
WHEREAS, Justin Rose has graciously applied for appointment to the Englewood Cultural
Arts Commission; and
WHEREAS, the Englewood City Council desires to appoint Justin Rose to the Englewood
Cultural Arts Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Justin Rose is hereby appointed to the Cultural Arts Commission for the City of
Englewood, Colorado. Justin Rose's term will become effective immediately and will expire July
1,2017 .
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATTEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8 s
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING JENNIFER SCOGGINS TO THE KEEP ENGLEWOOD
BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City
Council on all matters pertaining to environmental protection and neighborhood beautification;
and
WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and
WHEREAS, Jennifer Scoggins has applied to serve as a member of the Keep Englewood
Beautiful Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Jennifer Scoggins is hereby appointed to the Keep Englewood Beautiful
Commission for the City of Englewood, Colorado . Jennifer Scoggins ' term will be effective
immediately and will expire February 1, 2015 .
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATIEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No.____, Series of 2014 .
Loucrishia A. Ellis, City Clerk
8 t
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING TRISTAN SEDBROOK TO THE ALLIANCE FOR
COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Alliance For Commerce In Englewood Committee was established by the
Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and
WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood
City Council, focusing on the creation of an environment in which existing business can thrive
and new business can prosper; and
WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and
WHEREAS, Tristan Sedbrook has applied to serve as a member of Alliance for Commerce In
Englewood Committee; and
WHEREAS, the Englewood City Council desires to appoint Tristan Sedbrook to Alliance for
Commerce In Englewood Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Tristan Sedbrook is hereby appointed to Alliance for Commerce In Englewood
Committee. Tristan Sedbrook's term will be effective immediately and will expire July 1, 2017.
ADOPTED AND APPROVED this 7th day ofJuly, 2014 .
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8u
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION RECOMMENDING EVELYN VAUGHN FOR REAPPOINTMENT TO THE
HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Housing Authority has a commitment to provide housing to low and
moderate income families within the City of Englewood; and
WHEREAS, Evelyn Vaughn has served as a member of the Englewood Housing Authority;
and
WHEREAS , Evelyn Vaughn has offered to serve and has applied for reappointment to the
Englewood Housing Authority for another term; and
WHEREAS, the Mayor desires to reappoint Evelyn Vaughn to the Englewood Housing
Authority for a term expiring July 1, 2018; and
WHEREAS, the Englewood City Council supports the Mayor's appointment and wishes to
express its gratitude for the volunteerism and service that this individual wishes to bestow upon
the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Evelyn Vaughn is hereby reappointed to the Housing Authority for the City of
Englewood, Colorado. Evelyn Vaughn's term will be effective immediately and will expire
July 1, 2018.
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
8v
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING KAREN VIGLIANO AS AN ALTERNATE VOTING
MEMBER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, Karen Vigliano has graciously offered to serve on the Alliance For Commerce In
Englewood; and
WHEREAS, currently there are no vacancies on Alliance For Commerce In Englewood; and
WHEREAS, the Englewood City Council desires to appoint Karen Vigliano as an alternate
voting member to ACE: and
WHEREAS, City Council has requested staff to send alternate members packets for the board
that they will be serving on so that they can maintain an understanding of the current issues and
rules; and
WHEREAS, Alliance for Commerce in Englewood Committee alternate members are required
to attend the meetings and will vote when necessary to make a quorum creating more continuity
in the process; and
WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this
individual wishes to bestow upon the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Englewood City Council hereby appoints Karen Vigliano as alternate voting
member to Alliance For Commerce In Englewood. Karen Vigliano's term will be effective
immediately.
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014 .
Loucrishia A. Ellis, City Clerk
8w
RESOLUTION NO.
• SERIES OF 2014
•
•
A RESOLUTION REAPPOINTING HUGO WEINBERGER TO THE ALLIANCE FOR
COMMERCE IN ENGLEWOOD (ACE) COMMITTEE FOR THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Alliance For Commerce In Englewood Committee was established by the
Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and
WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood
City Council, focusing on the creation of an environment in which existing business can thrive
and new business can prosper; and
WHEREAS, Hugo Weinberger is a current member of Alliance For Commerce In Englewood
Committee; and
WHEREAS, Hugo Weinberger's term expired July 1, 2014; and
WHEREAS, Hugo Weinberger has offered to serve and has applied for reappointment to the
Alliance For Commerce In Englewood Committee; and
WHEREAS, the Englewood City Council desires to reappoint Hugo Weinberger to the
Alliance for Commerce in Englewood Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Hugo Weinberger is hereby reappointed to Alliance For Commerce in Englewood
Committee. Hugo Weinberger' s term will be effective immediately and will expire July 1, 2017.
ADOPTED AND APPROVED this 7th day of July, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of 2014 .
Loucrishia A. Ellis, City Clerk
8x
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPOINTING D. ALEXANDER WENZEL TO THE ENGLEWOOD
LOCAL LIQUOR AND MEDICAL MARDUANA LICENSING AUTHORITY FOR THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Local Liquor and Medical Marijuana Licensing Authority has
been created and has all powers of the local licensing authority as set forth by the State of
Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and
fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke
such licenses for cause in the manner provided by law; and
WHEREAS, the Local Liquor and Medical Marijuana Licensing Authority shall grant or
refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana;
to conduct investigations as required by law; suspend, fine, restrict, or revoke such licenses; and
WHEREAS, D. Alexander Wenzel desires to serve the City and has applied for appointment
to the Englewood Local Liquor and Medical Marijuana Licensing Authority; and
WHEREAS , there is a vacancy on the Englewood Local Liquor and Medical Marijuana
Licensing Authority; and
WHEREAS, the Englewood City Council desires to appoint D. Alexander Wenzel to the
Englewood Local Liquor and Medical Marijuana Licensing Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. D. Alexander Wenzel is hereby appointed to the Englewood Local Liquor and
Medical Marijuana Licensing Authority. D . Alexander Wenzel's term will be effective
immediately and will expire July 1, 2017.
ADOPTED AND APPROVED this 7th day of July, 2014 .
ATTEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the
above is a true copy of Resolution No. __ , Series of 2014 .
Loucrishia A. Ellis, City Clerk
By
ate:
July 7, 2014
Initiated By:
Police Department
COUNCIL COMMUNICATION
Agenda Item:
9 a i
Subject:
Application and Acceptance of the Edward
Byrne Memorial Justice Assistance Grant (JAG)
-FY 2014 Local Solicitation
Staff Source:
Deputy Chief Jeff Sanchez
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
For the past several years, the Englewood Police Department has received Edward Byrne Memorial Justice
Assistance Grants. These grants help fund police-related equipment purchases.
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt an Ordinance authorizing the Englewood
Police Department to apply for and accept a grant award from the Bureau of Justice Assistance Edward Byrne
Memorial Justice Assistance Grant (JAG) Program.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ~he City of Englewood Police Department was notified that we were awarded $10,080 from the Bureau of
Justice Assistance (BJA). The award is based upon a congressionally mandated JAG formula which is based on
the state's share of violent crime and population. The City of Englewood receives an amount based on our
proportion of the state's three-year violent crime average.
The Police Department is required to submit an application to the BJA outlining how this allocation will be
spent. The BJA requires that an official review by City Council be conducted prior to the submission of the
application, if possible.
This funding will be used to purchased new communications/computer equipment for the Incident Command
Van; an extension bed for a Police command vehicle; new point-and-shoot cameras for our crime scene
investigators; and camera equipment for higher level processing of crime and accident scenes.
FINANCIAL IMPACT
This is a non-matching grant so there is no financial impact to the Police Department.
LIST OF ATTACHMENTS
2014 Colorado JAG Allocations
Bill for an Ordinance
•
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2014 COLORADO JAG ALLOCATIONS
Listed below are all jurisdictions in the state that are eligible for FY 2014 JAG funding, as determined by the
JAG formula. If your jurisdiction is listed with another city or county government in a shaded area, you are
in a funding disparity. In this case, the units of local government must develop a Memorandum of
Understanding (MOU) and apply for an award with a single, joint application.
Finding your jurisdiction:(1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order
by county.(2) Eligible individual allocations are listed alphabetically below the shaded, disparate groupings.
Counties that have an asterisk (*) under the "Eligible Individual Allocation" column did not submit the level
of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping indicated by
the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions
receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample
MOU is provided online at: https://www.bja.gov/Fundinq/JAGMOU.pdf. Disparate jurisdictions do not need
to abide by the listed individual allocations, which are provided for information only. Jurisdictions in a
funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and
for documenting individual allocations in the MOU . For additional details regarding the JAG formula and
award calculation process, with examples, please refer to the updated JAG Technical report:
https://www.bja.gov/Publications/JAGTechRpt.pdf.
For JAG Frequently Asked Questions, please refer to BJA's JAG webpage:
https://www.bja.gov/Funding/JAGFAQ.pdf .
co
co
co
co
ARVADA CITY
BRIGHTON CITY
CENTENNIAL CITY
COMMERCE CITY
Municipal
Municipal
Municipal
Municipal
$16,886
$10 ,264
$17 ,622
$16 ,923
co DENVER CITY AND COUNTY Municipal $404,307
co DOUGLAS COUNTY County $26,488 • co ENGLEWOOD CITY Municipal $10 ,080
co GRAND JUNCTION CITY Municipal $26 ,341
co LOVELAND CITY Municipal $13 ,980
co MESA COUNTY County $19,792
co NORTHGLENN CITY Municipal $10,706
co WESTMINSTER CITY Municipal $28,070
co WHEAT RIDGE CITY Municipal $15 ,304
•
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 37
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
REGARDING THE APPLICATION FOR AND ACCEPTANCE OF AN EDWARD BYRNE
MEMORIAL mSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2014 LOCAL
SOLICITATION.
WHEREAS, the Englewood City Council previously authorized the application for and
acceptance of Justice Assistance Grants (JAG) with the passage of Ordinance No. 49, Series of
2008; Ordinance No. 12, Series 2009; and Ordinance No. 27, Series of 2009; Ordinance No. 16,
Series of 2010; Ordinance No. 33, Series of 2011; Ordinance No. 24, Series of 2012; and
Ordinance No. 36, Series of 2013; and
WHEREAS, the award is based upon a congressionally mandated JAG formula which is based
on the State's share of violent crime and population and Englewood receives an amount based on
the City's proportion of the State's three-year violent crime average; and
WHEREAS, the Justice Assistance Grant is a non-matching grant for 2014, awarding the City
of Englewood Ten Thousand and Eighty Dollars, ($10,080.00); and
WHEREAS, the JAG funding will be used to purchase new communications/computer
equipment for the Incident Command Van; an extension bed for a Police command vehicle; new
point-and-shoot cameras for crime scene investigators; and camera equipment for higher level
processing of crime and accident scenes; and
WHEREAS, the Justice Assistance Grant incorporates funds from the U.S. Department of
Justice.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the City to
apply for and accept the Justice Assistance Grant from Edward Byrne Justice Assistance Grant
Program, attached hereto as Exhibit A.
Section 2. The Mayor is authorized to execute the acceptance of the grant for and on behalf
of the City of Englewood .
Section 3. The Justice Assistance Grant incorporates federal funds from the U.S. Department of
Ju~. •
Introduced, read in full, and passed on first reading on the 7th day of July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
July, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Randy P . Penn, 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 July, 2014 .
Loucrishia A. Ellis •
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U.S. Department of Justice OMB No. 1121-0329
Office of Justice Programs
Bureau of Justice Assistance
Approval Expires 07/3.1/2016
.
The U.S. Department of Justice (DOJ), Office of Justice Programs' (OJP) Bureau of Justice
Assistance (BJA) is seeking applications for funding under the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting
state, local, and tribal efforts to prevent or reduce crime and violence.
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2014 Local Solicitation
Eligibility
Applicants are limited to units of local government appearing on the FY 2014 JAG Allocations
List. To view this list, go to www.bja.gov/programs/jag/14jaqallocations.html. For JAG Program
purposes, a unit of local government is: a town, township, village, parish, city, county, borough,
or other general purpose political subdivision of a state; or, it may also be a federally recognized
Indian tribe that performs law enforcement functions (as determined by the Secretary of the
Interior). Otherwise a unit of local government may be any law enforcement district or judicial
enforcement district established under applicable state law with authority to independently
establish a budget and impose taxes. In Louisiana, a unit of local government means a district
attorney or parish sheriff. In the District of Columbia or any U.S. Trust Territory, a unit of local
government is any agency of the District of Columbia or federal government performing law
enforcement functions for the District of Columbia or U.S. Trust Territory.
Deadline
Applicants must register in OJ P's Grants Management System (GMS) prior to submitting an
application for this funding opportunity. Select the "Apply Online" button associated with the
solicitation title . See the "How to Apply" section on page 20 for more details. All registrations
and applications are due by 8:00 p.m. eastern time on June 10, 2014. (See "Deadlines:
Registration and Application," page 4.)
Contact Information
For technical assistance with submitting an application, contact the Grants Management System
Support Hotline at 1-888-549-9901, option 3, or via e-mail to GMS.HelpDesk@usdoj.gov. The
GMS Support Hotline hours of operation are Monday-Friday from 6:00 a.m. to 12 midnight
eastern time, except federal holidays.
Applicants that experience unforeseen GMS technical issues beyond their control that prevent
them from submitting their application by the deadline must e-mail the BJA contact identified
e x
H
I
B
I
T
A
below within 24 hours after the application deadline and request approval to submit their
application.
For assistance with any other requirement of this solicitation, contact the BJA Justice
Information Center at 1-877-927-5657, via e-mail to JIC@telesishq.com, or by live web chat.
The BJA Justice Information Center hours of operation are 8:30 a.m. to 5:00 p.m. eastern time,
Monday through Friday, and 8:30 a.m. to 8:00 p.m. eastern time, on the solicitation close date.
You may also contact your State Policy Advisor.
Release date: April 24, 2014
2
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•
Contents
Overview .................................................................................................................................... 4
Deadlines: Registration and Application ..................................................................................... 4 • Eligibility ..................................................................................................................................... 4 ",
Program-Specific Information ............................................................................................... .' ..... 4
Amount and Length of Awards ........................................................................................... 6
Budget Information ........................................... ,. ................................................................. 7
Other JAG Requirements ................................................................................................... 9
Reporting Requirements, Accountability Measures, and JAG Showcase ................................. 11
Priorities ................................................................................................................................... 12
What an Application Should lnclude .......................................................................................... 14
Information to Complete the Application for Federal Assistance (SF-424)
(Required) ........................................................................................................... 14
Project Abstract (Required) ................................................................................. 14
Program Narrative (Required) .......................................................................................... 15
Budget and Budget Narrative (Required) .......................................................................... 15
Review Narrative (Required) ............................................................................................ 15
Applicant Disclosure of Pending Applications (Required) ................................................. 16
Memorandum of Understanding (if applicable) .................................................................. 17
• Tribal Authorizing Resolution (if applicable) ....................................................................... 17
Applicant Disclosure of High Risk Status ........................................................................... 17
Additional Attachments (if applicable) ................................................................................ 18
Accounting System and Financial Capability Questionnaire .............................................. 18
Review Process ........................................................................................................................ 19
Additional Requirements ........................................................................................................... 19
How to Appy ............................................................................................................................. 20
Provide Feedback to OJP ......................................................................................................... 22
Application Checklist ................................................................................................................ 23
• 3
Edward Byrne Memorial Justice Assistance Grant (JAG)
Program: FY 2014 Local Solicitation
(CFDA #16. 738)
Overview
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is
the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG
Program provides states and units of local governments with critical funding necessary to
support a range of program areas including law enforcement, prosecution and court programs
including indigent defense, prevention and education programs, corrections and community
corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning,
evaluation, and technology improvement programs . -
Deadlines: Registration and Application
Applicants must register in GMS prior to submitting an application for this funding opportunity.
The deadline to register in GMS and the deadline to apply for funding under this announcement
is 8 :00 p.m. eastern time on June 10, 2014. See "How To Apply" on page 20 for details.
Eligibility
Refer to the title page for eligibility under this program.
Program-Specific Information
Program Areas
JAG funds may be used for state and local initiatives, technical assistance, strategic planning,
research and evaluation (including forensics), data collection, training, personnel, equipment,
forensic laboratories, supplies, contractual support, and criminal justice information systems that
will improve or enhance such areas as:
• Law enforcement programs.
• Prosecution and court programs, including indigent defense.
• Prevention and education programs.
• Corrections and community corrections programs.
• Drug treatment and enforcement programs.
• Planning, evaluation, and technology improvement programs.
• Crime victim and witness programs (other than compensation).
*Please note that JAG funding may be utilized in support of:
• Systems upgrades (hardware/software), including potential upgrades necessary for
state, territories, units of local government and/or tribes to come into compliance with the
FBl's UCR Redevelopment Project (UCRRP).
• Developing or sustaining state compatible incident based reporting systems.
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Award Recipient Responsibilities: The Chief Executive Officer (CEO) of an eligible unit of
local government or other officer designated by the CEO must submit the application for JAG
funds . A unit of local government receiving a JAG award will be responsible for the
administration of the funds including : distributing the funds; monitoring the award; submitting
quarterly financial status (SF-425) and performance metrics reports and annual programmatic
reports; and providing ongoing oversight and assistance to any subrecipients of the funds.
Governing Body Review: No fewer than 30 days prior to application submission, the applicant
agency (fiscal agent in disparate situations) must make the grant application available for review
by the governing body (or to the organization designated by the governing body. See the
Review Narrative section on page 15 for additional information.
Public Comment: At the time of application submission, the applicant agency (the fiscal agent
in disparate situations) must provide an assurance that the application was made public and an
opportunity to comment was provided to citizens and neighborhood or community organizations
to the extent the applicable law or established procedure makes such an opportunity available.
See the Review Narrative section on page 15 for additional information.
Prohibited Uses: No JAG funds may be expended outside of JAG program areas . Even within
these program areas, however, JAG funds cannot be used directly or indirectly for security
enhancements or equipment for nongovernmental entities not engaged in criminal justice or
public safety. Additionally, JAG funds may not be used directly or indirectly to pay for any
of the following items unless the BJA Director certifies that extraordinary and exigent
circumstances exist, making them essential to the maintenance of public safety and good
order:
• *Vehicles , vessels, or aircraft.
• **Unmanned aerial vehicles/unmanned aircraft, aircraft system, or aerial vehicles
(UA/UAS/UA V).
• Luxury items .
• Real estate.
• Construction projects (other than penal or correctional institutions).
• Any similar items.
*Police cruisers, police boats, and police helicopters are allowable vehicles under JAG
and do not require BJA certification.
**Unmanned Aircraft, Aircraft System, or Aerial Vehicles {UA/UAS/UAV): No JAG funds
may be expended on these items unless the BJA Director certifies that extraordinary and
exigent circumstances exist, making them essential to the maintenance of public safety and
good order. In addition, no JAG funds may be expended for this purpose without Federal
Aviation Administration (FAA) approval and certification that the use is legal in the local
jurisdiction . Also, any grant award using funds for this purpose may be subject to additional
conditions and reporting criteria, which will be spelled out in a customized special condition
attached to the grant award .
For information related to requesting a waiver to obtain BJA certification for any
prohibited item, or for examples of allowable vehicles that do not require BJA
certification, refer to the JAG FAQs on BJA's JAG web page .
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Evidence-Based Programs or Practices
OJP strongly emphasizes the use of data and evidence in policy making and program
development in criminal justice, juvenile justice, and crime victim services. OJP is committed to:
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• improving the quantity and quality of evidence OJP generates;
• integrating evidence into program, practice, and policy decisions within OJP and the
field; and
• improving the translation of evidence into practice.
OJP considers programs and practices to be evidence-based when their effectiveness has been
demonstrated by causal evidence, generally obtained through one or more outcome
evaluations. Causal evidence documents a relationship between an activity or intervention
(including technology) and its intended outcome, including measuring the direction and size of a
change, and the extent to which a change may be attributed to the activity or
intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent
possible, alternative explanations for the documented change. The strength of causal evidence,
based on the factors described above, will influence the degree to which OJP considers a
program or practice to be evidence-based.
OJP's CrimeSolutions.gov web site is one resource that applicants may use to find information
about evidence-based programs in criminal justice, juvenile justice, and crime victim services.
Additionally, when considering evidence-based programs and practices specific to reentry, it is
recommended that jurisdictions review the What Works in Reentry Clearinghouse for important
research on the effectiveness of a wide variety of reentry programs and practices. The
Clearinghouse provides a one-stop shop for practitioners and service providers seeking
guidance on evidence-based reentry interventions.
Amount and Length of Awards
Eligible allocations under JAG are posted annually on BJA's JAG web page:
www.bja.gov/ProgramDetails.aspx?Program 10=59.
Awards of at least $25,000 or more are 4 years in length with an award period of October 1,
2013 through September 30, 2017. Extensions beyond a 4-year period may be made on a case-
by-case basis at the discretion of BJA and must be requested via the Grants Management
System (GMS) no less than 30 days prior to the grant end date.
Awards that are less than $25,000 are 2 years in length with an award period of October 1,
2013 through September 30, 2015. Requests for up to an additional 2 years to complete
performance of the award will be granted automatically, pursuant to 42 U.S.C. § 3751 (f).
Extensions beyond a 4-year period may be made on a case-by-case basis at the discretion of
BJA and must be requested via the Grants Management System (GMS) no less than 30 days
prior to the grant end date.
All awards are subject to the availability of appropriated funds and to any modifications or
additional requirements that may be imposed by law.
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Budget Information
AG awards are based on a statutory formula as described below.
Although JAG grantees and subgrantees are required to report on quarterly
accountability measures through BJA's Performance Measurement Tool (PMT), those
reports are intended to promote greater transparency about the use of JAG funds and do
not determine the amount of JAG funds allocated to a state and/or localities.
Applicants must submit a budget and budget narrative outlining how JAG funds, including
administrative funds if applicable, will be used to support and implement the program. See the
budget narrative description under the "How to Apply" section (page 20) for more
information.
JAG Formula: Once each fiscal year's overall JAG Program funding level is determined, BJA
partners with the Bureau of Justice Statistics (BJS) to begin a four-step grant award calculation
process which consists of:
1. Computing an initial JAG allocation for each state and territory, based on their share of
violent crime and population (weighted equally).
2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation
is less than the minimum ("de minimus") award amount defined in the JAG legislation
(0.25 percent of the total). If this is the case, the state or territory is funded at the
minimum level, and the funds required for this are deducted from the overall pool of JAG
funds. Each of the remaining states receives the minimum award plus an additional
amount based on their share of violent crime and population.
3. Dividing each state's final award amount (except for the territories and District of
Columbia) between state and local governments at a rate of 60 and 40 percent,
respectively.
4. Determining local unit of government award allocations, which are based on their
proportion of the state's 3-year violent crime average. If a local eligible award amount is
less than $10,000, the funds are returned to the state to be awarded to these local units
of government through the state agency. If the eligible award amount is $10,000 or
more, then the local government is eligible to apply for a JAG award directly from BJA.
Administrative Funds: A unit of local government may use up to 10 percent of the award,
including interest, for costs associated with administering JAG funds.
Supplanting: Supplanting is prohibited under JAG. Applicants cannot replace or supplant non-
federal funds that have been appropriated for the same purpose. See the JAG FAQs on BJA's
JAG web page for examples of supplanting.
Leveraging of Grant Funds: Although supplanting is prohibited, the leveraging of federal
funding is encouraged. For example, a city may utilize JAG and Homeland Security Grant
Program (HSGP) money to fund different portions of a fusion center project. In instances where
leveraging occurs, all federal grant funds must be tracked and reported on separately and may
not be used to fund the same line items. Additionally, federal funds cannot be used as match for
other federal awards.
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Disparate Certification: A disparate allocation occurs when a city or municipality is allocated
one-and-one-half times (150 percent) more than the county, while the county bears more than
50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1
violent crimes. A disparate allocation also occurs when multiple cities or municipalities are
collectively allocated four times (400 percent) more than the county, and the county bears more
than 50 percent of the collective costs associated with prosecution or incarceration of each
municipality's Part 1 violent crimes.
* Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint
application for the aggregate eligible allocation to all disparate municipalities. The joint
application must determine and specify the award distribution to each unit of local
government and the purposes for which the funds will be used. When beginning the JAG
application process, a Memorandum of Understanding (MOU) that identifies which
jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and
signed by the Authorized Representative for each participating jurisdiction. The signed
MOU should be attached to the application. For a sample MOU, go to
www.bja.gov/Funding/JAGMOU. pdf.
Trust Fund: SAAs may draw down JAG funds in advance. To do so, a trust fund must be
established in which to deposit the funds. The trust fund may or may not be an interest-bearing
account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund
in which to deposit funds. This trust fund requirement does not apply to direct JAG award
recipients or subrecipients that draw-down on a reimbursement basis rather than in advance.
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Match Requirement: Match is not required under the JAG Program. Although match is an •
effective strategy to expand justice funds and build buy-in for local criminal justice initiatives,
BJA encourages states to consider financial and other potential local constraints related to
imposing a match requirement on subgrantees, as it may adversely affect small local
jurisdictions. Matching funds become part of the overall award amount, and as such are subject
to audit and should be expended prior to closeout.
Limitation on Use of Award Funds for Employee Compensation; Waiver
With respect to any award of more than $250,000 made under this solicitation, recipients may
not use federal funds to pay total cash compensation (salary plus cash bonuses) to any
employee of the award recipient at a rate that exceeds 110 percent of the maximum annual
salary payable to a member of the federal government's Senior Executive Service (SES) at an
agency with a Certified SES Performance Appraisal System for that year. The 2014 salary table
for SES employees is available at www.opm.gov/salary-tables. Note: A recipient may
compensate an employee at a greater rate, provided the amount in excess of this compensation
limitation is paid with non-federal funds. (Any such additional compensation will not be
considered matching funds where match requirements apply.)
The Assistant Attorney General for OJP may exercise discretion to waive, on an individual
basis, the limitation on compensation rates allowable under an award. An applicant requesting a
waiver should include a detailed justification in the budget narrative of the application. Unless
the applicant submits a waiver request and justification with the application, the applicant should
anticipate that OJP will request the applicant to adjust and resubmit the budget.
The justification should include the particular qualifications and expertise of the individual, the •
uniqueness of the service the individual will provide, the individual's specific knowledge of the
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program or project being undertaken with award funds, and a statement explaining that the
individual's salary is commensurate with the regular and customary rate for an individual with
his/her qualifications and expertise, and for the work to be done.
Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs
OJP strongly encourages applicants that propose to use award funds for any conference-,
meeting-, or training-related activity to review carefully-before submitting an application-the
OJP policy and guidance on "conference" approval, planning, and reporting available at
www.ojp.gov/funding/confcost.htm. OJP policy and guidance (1) encourage minimization of
conference, meeting, and training costs; (2) require prior written approval (which may affect
project timelines) of most such costs for cooperative agreement recipients and of some such
costs for grant recipients; and (3) set cost limits, including a general prohibition of all food and
beverage costs.
Costs Associated with Language Assistance (if applicable)
If an applicant proposes a program or activity that would deliver services or benefits to
individuals, the costs of taking reasonable steps to provide meaningful access to those services
or benefits for individuals with limited English proficiency may be allowable. Reasonable steps
to provide meaningful access to services or benefits may include interpretation or translation
services where appropriate.
For additional information, see the "Civil Rights Compliance" section of the OJP "Other
Requirements for OJP Applications" web page at
www. ojp. usdoj .gov/funding/other requirements. htm .
Other JAG Requirements
Body Armor Certification
• Ballistic-resistant and stab-resistant body armor can be funded through two BJA-
adm inistered programs: the JAG Program and the Bulletproof Vest Partnership (BVP)
Program.
• The BVP Program is designed to provide a critical resource to state and local law
enforcement through the purchase of ballistic-resistant and stab-resistant body armor. A
jurisdiction is able to request up to 50 percent of the cost of a vest with BVP funds. For more
information on the BVP Program, including eligibility and application, refer to the BVP web
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• JAG funds may also be used to purchase vests for an agency, but they may not be used to
pay for that portion of the ballistic-resistant vest (50 percent) that is not covered by BVP
funds . Unlike BVP, JAG funds used to purchase vests do not require a 50 percent match.
• Vests purchased with JAG funds may be purchased at any threat level, make, or model from
any distributor or manufacturer, as long as the vests have been tested and found to comply
with the latest applicable National Institute of Justice (NIJ) ballistic or stab standards. In
addition, vests purchased must be American-made. Information on the latest NIJ standards
can be found at: www.nij.gov/topics/technology/body-armor/safety-initiative. htm.
• As is the case in BVP, grantees who wish to purchase vests with JAG funds must certify that
law enforcement agencies receiving vests have a written "mandatory wear" policy in effect .
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FAQs related to the mandatory wear policy and certifications can be found at
www.bja.gov/Funding/JAGFAQ.pdf. This policy must be in place for at least all uniformed •
officers before any FY 2014 funding can be used by the agency for vests. There are no
requirements regarding the nature of the policy other than it being a mandatory wear policy
for all uniformed officers while on duty. The certification must be signed by the certifying
official and must be attached to the application. If the grantee proposes to change project
activities to utilize JAG funds to purchase bulletproof vests after the application period
(during the project period), the grantee must submit the signed certification to BJA at that
time. A mandatory wear concept and issues paper and a model policy are available by
contacting the BVP Customer Support Center atvests@usdoj.gov or toll free at 1-877-758-
3787.
• A copy of the certification related to the mandatory wear can be found at:
www.bja.gov/F unding/BodyArmorMandatoryWearCert. pdf.
Interoperable Communications
• Grantees (including subgrantees) that are using FY 2014 JAG Program funds to support
emergency communications activities (including the purchase of interoperable
communications equipment and technologies such as voice-over-internet protocol bridging
or gateway devices, or equipment to support the build out of wireless broadband networks in
the 700 MHz public safety band under the Federal Communications Commission (FCC)
Waiver Order) must ensure:
)iii-Compliance with the FY 2014 SAFECOM Guidance on Emergency Communications
Grants (including provisions on technical standards that ensure and enhance
interoperable communications).
)iii-Adherence to the technical standards set forth in the FCC Waiver Order, or any
succeeding FCC orders, rules, or regulations pertaining to broadband operations in the
700 MHz public safety band.
)iii-Projects support the Statewide Communication Interoperability Plan (SCIP) and are fully
coordinated with the full-time Statewide Interoperability Coordinator (SWIC) in the state
of the project. As the central coordination point for their state's interoperability effort, the
SWIC plays a critical role, and can serve as a valuable resource. SWICs are
responsible for the implementation of the SCIP through coordination and collaboration
with the emergency response community. The U.S. Department of Homeland Security
Office of Emergency Communications maintains a list of SWICs for each of the 56
states and territories. Contact OEC@hq.dhs.gov.
)iii-All communications equipment purchased with grant award funding (plus the quantity
purchased of each item) is identified during quarterly performance metrics reporting.
Use of Global Standards Package
In order to promote information sharing and enable interoperability among disparate systems
across the justice and public safety community, OJP requires the grantee to comply with DOJ's
Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for
this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all
constituent elements, where applicable, as described at: www.it.ojp.gov/gsp grantcondition.
Grantees shall document planned approaches to information sharing and describe compliance
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to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended .
DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible
DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA
database operated by the Federal Bureau of Investigation (FBI)) by a government DNA lab with
access to CODIS . No profiles generated with JAG funding may be entered into any other non-
governmental DNA database without prior express written approval from BJA. For more
information , refer to the NIJ FY 2014 DNA Backlog Reduction Program, available at
https://ncjrs.gov/pdffi les 1 /nij/sl001112. pdf.
In addition, funds may not be used for purchase of DNA equipment and supplies when the
resulting DNA profiles from such technology are not accepted for entry into CODIS .
Reporting Requirements, Accountability Measures, and JAG
Showcase
Award recipients will be required to submit quarterly financial status (SF-425) and annual
programmatic reports through GMS , quarterly accountability metrics reports (see below) through
BJA's Performance Measurement Tool (PMT), and Federal Funding Accountability and
Transparency Act (FFATA) reports through the FFATA Sub-award Reporting System (FSRS) as
necessary (see FFATA section below).
Accountability Measures
To assist the Department in fulfilling its responsibilities under the Government Performance and
Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010,
Public Law 111-352, applicants who receive funding under this solicitation must provide data
that measures the results of their work done under this solicitation. Quarterly accountability
metrics reports must be submitted through BJA's PMT, available at
www.bjaperformancetools.org. The accountability measures can be found at:
www.bjaperformancetools.org/help/JAGMeasuresQuestionnaire.pdf.
Data reported by JAG grantees and subgrantees for this report does not determine JAG
funding, which is calculated based on a statutory formula combining population and Uniform
Crime Reporting Part I crime data. BJA encourages JAG grantees to make decisions on funding
through a collaborative process involving all major stakeholders including law enforcement,
courts, indigent defense, prosecution, corrections and community corrections, treatment
providers, crime victims, and others. The measures are not designed to replace the planning
that should occur at the state and local level.
Submission of accountability measures data is not required for the application. Instead,
applicants should discuss in their application their proposed methods for collecting data for
accountability measures. Refer to the section "What an Application Should Include" on page 14
for additional information.
Note on Project Evaluations
Applicants that propose to use funds awarded through this solicitation to conduct project
evaluations should be aware that certain project evaluations (such as systematic investigations
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designed to develop or contribute to generalizable knowledge) may constitute "research" for
purposes of applicable DOJ human subjects protection regulations. However, project •
evaluations that are intended only to generate internal improvements to a program or service, or
are conducted only to meet OJP's performance measure data reporting requirements likely do
not constitute "research." Applicants should provide sufficient information for OJP to determine
whether the particular project they propose would either intentionally or unintentionally collect
and/or use information in such a way that it meets the DOJ regulatory definition of research.
Research, for the purposes of human subjects protections for OJP-funded programs, is defined
as, "a systematic investigation, including research development, testing, and evaluation,
designed to develop or contribute to generalizable knowledge" 28 C.F.R. § 46.102(d). For
additional information on determining whether a proposed activity would constitute research,
see the decision tree to assist applicants on the "Research and the Protection of Human
Subjects" section of the OJP "Other Requirements for OJP Applications" web page
(www.ojp.usdoi.gov/funding/other requirements.htm). Applicants whose proposals may involve
a research or statistical component also should review the "Confidentiality" section on that Web
page.
JAG Showcase
The JAG Showcase was designed to identify and highlight JAG projects that have
demonstrated success or shown promise in reducing crime and positively impacting
communities. BJA has now expanded the concept of the JAG Showcase to other BJA grant
programs and created a new BJA Success Story web page. This new web page will be a
valuable resource for states, localities, territories, tribes and criminal justice professionals who
seek to identify and learn about JAG and other successful BJA funded projects linked to •
innovation, crime reduction, and evidence based practices.
If you have a JAG Success Story you would like to submit, sign in to your My BJA account to
access the Success Story Submission form. If you do not have a My BJA account, please
Register. Once you register, one of the available areas on your My BJA page will be "My
Success Stories". Within this box, you will see an option to add a Success Story.
Once reviewed and approved by BJA, all success stories will appear on the new BJA Success
Story web page.
Priorities
BJA recognizes that the downturn in the economy has resulted in significant pressures on state
and local criminal justice systems. In these challenging times, shared priorities and leveraged
resources can make a significant impact. In light of this, it is important to make SAAs and local
JAG recipients aware of several areas of priority that may be of help in maximizing the
effectiveness of JAG funding at the state and local level.
In addition to our longstanding and unwavering commitment to keeping violent crime at its
lowest level in decades, the following priorities represent key areas where BJA will be focusing
nationally and invite each state and local JAG recipient to join us in addressing these challenges
as a part of our JAG partnership.
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Reducing Gun Violence
Gun violence has touched every state, county, city, town, and tribal government in America. In
the aftermath of the Sandy Hook Elementary School tragedy and recent mass shooting at the
Washington Navy Yard, BJA continues to encourage states and localities to invest valuable JAG
funds in programs to: combat gun violence, enforce existing firearms laws, improve the process
used to ensure that those prohibited from purchasing or owning guns are prevented from doing
so, enhance reporting to the FBl's National Instant Criminal Background Check System (NICS)
and provide active shooter response training to law enforcement officers and first responders.
Recidivism Reduction, Pretrial Reform and Justice System Realignment
In this time of fiscal austerity and smaller state and local budgets, reducing unnecessary
incarceration in a manner that promotes public safety is a paramount goal. Effective community
supervision coupled with evidence-based program interventions can result in significant
reductions in recidivism. A priority funding area is the implementation of effective pretrial
services programs. The use of validated risk assessment tools to inform pre-trial release
decisions is critical. For a variety of resources, or to request BJA supported technical assistance
from the Pre-trial Justice Institute, see www.pretrial.org. Another priority for JAG funding is to
support innovative programs and approaches in probation and parole supervision that improve
services to offenders and increase collaborative efforts among community supervision agencies
with law enforcement and the courts . Another promising approach to justice systems reform is
the Justice Reinvestment Initiative (JRI), a public-private partnership between BJA and the PEW
Public Safety Performance Project. Currently, 19 states and 17 local governments are working
to control spiraling incarceration costs through JRI and reinvestment savings in evidence-based
criminal justice programs and strategies. Strategic investment of JAG funds to implement JRI
legislation and policy changes in those states and localities can augment federal funds and
achieve greater cost savings and reinvestments in programs to promote public safety. (See_the
Urban lnstitute's Justice Reinvestment Initiative State Assessment Report.)
Indigent Defense
Another key priority area is support for indigent defense. BJA continues to encourage states and
units of local government to use JAG funds to support the vital needs of the indigent defense
community. Attorney General Holder has consistently stressed that the crisis in indigent defense
reform is a serious concern which must be addressed if true justice is to be achieved in our
nation. In 2002, the American Bar Association (ABA) published Ten Principles of a Public
Defense Delivery System which represent fundamental building blocks for implementing quality
legal representation for indigent defendants. (See ABA's Ten Principles of a Public Defense
Delivery System.)
Improving Mental Health Services
Disproportionate numbers of people with mental illness are involved in the criminal justice
system often as a result of untreated or undertreated mental illness. This is an issue that
impacts numerous facets of the criminal justice system . After the Newtown tragedy, numerous
states began pushing for and adopting policies supporting early identification and intervention.
States aimed to enhance mental health screening services to identify emerging mental illness in
children and adolescents and to ensure adequate access to care . BJA encourages states and
units of local government to utilize JAG funding in support of programs and policy changes
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aimed at the following: identifying and treating people with severe mental illness before they
reach crisis point; training law enforcement and correctional officers on mental health and
mental health related crisis-intervention; increasing justice system diversion strategies to divert
offenders with mental illness from unnecessary arrest and incarceration to more appropriate and
cost-effective community-based treatment and supervision; mental health courts, allowing
inmates to continue psychotropic medication in jails; and improving oversight of mental health
care in jails, increasing post-jail housing options and enhancing community mental health
services . (See Adults with Behavioral Health Needs under Correctional Supervision.)
Evidence-Based "Smart" Programs
Many criminal justice agencies continue to experience unprecedented budget cuts, layoffs, and
reductions in force. These challenges must be met by making wider use of advancements in the
criminal justice field in the last several decades which rely on use of data, crime analysis, cutting
edge technology, research and evaluations regarding evidenced-based and high-performing
programs. A useful matrix of evidence-based policing programs and strategies is available
through the Center for Evidence-Based Policy at George Mason University. In the re-entry field,
a summary of research-based re-entry strategies is available on the National Reentry Resource
Center's What Works in Reentry Clearinghouse link. BJA offers a number of program models
designed to effectively implement evidence based strategies including Smart Policing, Smart
Supervision, Smart Pretrial, and Smart Prosecution.
BJA encourages states and units of local government to use JAG funds to support these "smart
on crime" strategies, including effective partnerships with universities and research partners and
with non-traditional criminal justice partners.
What an Application Should Include
Applicants should anticipate that if they fail to submit an application that contains all of the
specified elements, it may negatively affect the review of their application; and, should a
decision be made to make an award, it may result in the inclusion of special conditions that
preclude the recipient from accessing or using award funds pending satisfaction of the
conditions.
Refer to the BJA Grant Writing and Management Academy and OJ P's Grants 101 for an
overview of what should be included in each application requirement. These trainings can be
found at bja.ncjrs.gov/gwma/index .html and www.ojp.gov/grants101/.
OJP strongly recommends use of appropriately descriptive file names (e.g., "Program
Narrative," "Budget Narrative," "Memoranda of Understanding," etc.) for all attachments.
1. Information to Complete the Application for Federal Assistance (SF-424)
The SF-424 is a standard form required for use as a cover sheet for submission of pre-
applications, applications, and related information. GMS takes information from the
applicant's profile to populate the fields on this form.
2. Project Abstract
Applicants must provide an abstract that includes the applicant's name, title of the project,
goals of the project, and a description of the strategies to be used. In addition, above or
below the abstract narrative, applicants must identify up to 5 project identifiers that would
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be associated with proposed project activities. The list of all identifiers can be found at
www .bja.gov/funding/JAGldentifiers.pdf. The abstract should not exceed a half-page, or
400-500 words.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
3. Program Narrative
Applicants must submit a program narrative that generally describes the proposed program
activities for the two or four year grant period. The narrative must outline the type of
programs to be funded by the JAG award and provide a brief analysis of the need for the
programs. Narratives must also identify anticipated coordination efforts involving JAG and
related justice funds. Certified disparate jurisdictions submitting a joint application must
specify the funding distribution to each disparate unit of local government and the purposes
for which the funds will be used.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
4. Budget and Budget Narrative
Applicants must submit a budget and budget narrative outlining how JAG funds, including
administrative funds if applicable, will be used to support and implement the program. This
narrative should include a full breakdown of administrative costs, as well as an overview of
how funds will be allocated across approved JAG purpose areas . Applicants should utilize
the following approved budget categories to label the requested administrative and/or sub-
grant expenditures: Personnel, Fringe Benefits, Travel, Equipment, Supplies,
Consultants/Contracts, and an Other category. For informational purposes only, a sample
budget form may be found at www.ojp.usdoi.gov/fundinq/forms/budget detail.pdf.
For questions pertaining to budget and examples of allowable and unallowable costs, see
the OJP Financial Guide at www.ojp.usdoj.gov/financialguide/index.htm.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
a. Non-Competitive Procurement Contracts In Excess of Simplified Acquisition
Threshold
If an applicant proposes to make one or more non-competitive procurements of products
or services, where the non-competitive procurement will exceed the simplified
acquisition threshold (also known as the small purchase threshold), which is currently
set at $150,000, the application should address the considerations outlined in the OJP
Financial Guide.
5. Review Narrative
Applicants must submit information documenting that the date the JAG application was
made available for review by the governing body, or to an organization designated by that
governing body, not less than 30 days before the application was submitted to BJA. The
• attachment must also specify that an opportunity to comment was provided to citizens prior
15
to application submission to the extent applicable law or established procedures make such
opportunity available.
Below are notification language templates that can be utilized in completing this
section of the application.
The (provide name of City/County/Tribe) made its Fiscal Year 2014 JAG application
available to the (provide name of governing body) for its review and comment on
(provide date); or intends to do so on (provide date).
The (provide name of City/County/Tribe) made its Fiscal Year 2014 JAG application
available to citizens for comment prior to application submission by (provide means of
notification); or the application has not yet been made available for public review/comment.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
6. Applicant Disclosure of Pending Applications
Applicants are to disclose whether they have pending applications for federally funded
grants or subgrants (including cooperative agreements) that include requests for funding to
support the same project being proposed under this solicitation and will cover the identical
cost items outlined in the budget narrative and worksheet in the application under this
solicitation. The disclosure should include both direct applications for federal funding (e.g.,
applications to federal agencies) and indirect applications for such funding (e.g., applications
to state agencies that will subaward federal funds).
OJP seeks this information to help avoid any inappropriate duplication of funding.
Leveraging multiple funding sources in a complementary manner to implement
comprehensive programs or projects is encouraged and is not seen as inappropriate
duplication .
Applicants that have pending applications as described above are to provide the following
information about pending applications submitted within the last 12 months:
• the federal or state funding agency
• the solicitation name/project name
• the point of contact information at the applicable funding agency.
Federal or State Solicitation Name/Phone/E-mail for Point of Contact at Funding
Funding Name/Project Name Agency
Agency
:it0f~·~f't~·h. ~~ .. :'~ ..if~ ~·""?°"\ ::~ ~~·l1"P:lfi
DOJ/COPS COPS Hiring Progfi;l!Jl i~ Jin~~Q~el2j2lQQ9.t'50 10; jan~:1.doe@usdoj.gov -~~.. 1} ...,,,,, (;; ',d ;, ~ r· __ ..... ~----
HHS/ Substance Drug Free Communities Jolin Doe, 2021000-0000; ]6hiiacie@hhs.gov
Abuse & Mental Mentoring Program/
Health Services North County Youth
Administration Mentoring Program
16
•
•
•
•
•
Applicants should include the table as a separate attachment, with the file name "Disclosure
of Pending Applications," to their application. Applicants that do not have pending
applications as described above are to include a statement to this effect in the separate
attachment page (e.g., "[Applicant Name on SF-424] does not have pending applications
submitted within the last 12 months for federally funded grants or subgrants (including
cooperative agreements) that include requests for funding to support the same project being
proposed under this solicitation and will cover the identical cost items outlined in the budget
narrative and worksheet in the application under this solicitation.").
7. Memorandum of Understanding (if applicable)
Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint
application for the aggregate eligible allocation to all disparate municipalities. The joint
application must determine and specify the award distribution to each unit of local
government and the purposes for which the funds will be used. When beginning the JAG
application process, a Memorandum of Understanding (MOU) that identifies which
jurisdiction will serve as the applicanUfiscal agent for joint funds must be completed and
signed by the Authorized Representative for each participating jurisdiction. The signed MOU
must be attached to the application. For a sample MOU, go to
www .bja.gov/Funding/JAGMOU. pdf.
Failure to submit this required information will result in an application being change
requested in the Grants Management System (GMS) for inclusion of the missing
information OR the attachment of a withholding special condition at the time of award
if time does not permit for a change request process.
8. Tribal Authorizing Resolution (if applicable)
Tribes, tribal organizations, or third parties proposing to provide direct services or assistance
to residents on tribal lands should include in their applications a resolution, a letter, affidavit,
or other documentation, as appropriate, that certifies that the applicant has the legal
authority from the tribe(s) to implement the proposed project on tribal lands . In those
instances when an organization or consortium of tribes applies for a grant on behalf of a
tribe or multiple specific tribes, then the application should include appropriate legal
documentation, as described above, from all tribes that would receive services/assistance
under the grant. A consortium of tribes for which existing consortium bylaws allow action
without support from all tribes in the consortium (i.e., without an authorizing resolution or
comparable legal documentation from each tribal governing body) may submit, instead, a
copy of its consortium bylaws with the application.
Applicants unable to submit an application that includes a fully-executed (i.e., signed) copy
of appropriate legal documentation, as described above, consistent with the applicable
tribe's governance structure, should, at minimum, submit an unsigned, draft version of such
legal documentation as part of its application (except in cases in which, with respect to a
tribal consortium applicant, consortium bylaws allow action without the support of all
consortium member tribes). If receiving funding, BJA will make use of and access to funds
will be contingent on receipt of the fully-executed legal documentation.
9. Applicant Disclosure of High Risk Status
Applicants are to disclose whether they are currently designated high risk by another federal
grant making agency. This includes any status requiring additional oversight by the federal
agency due to past programmatic or financial concerns. If an applicant is designated high
• risk by another federal grant making agency, you must email the following information to
17
OJPComplianceReporting@usdoj.gov at the time of application submission:
• The federal agency that currently designated the applicant as high risk;
• Date the applicant was designated high risk;
• The high risk point of contact name, phone number, and email address, from that
federal agency; and
• Reasons for the high risk status.
OJP seeks this information to ensure appropriate federal oversight of any grant award.
Unlike the Excluded Parties List, this high risk information does not disqualify any
organization from receiving an OJP award. However, additional grant oversight may be
included, if necessary, in award documentation.
10. Additional Attachments (if applicable)
Research and Evaluation Independence and Integrity
If a proposal involves research and/or evaluation, regardless of the proposal's other
merits, in order to receive funds, the applicant must demonstrate research/evaluation
independence, including appropriate safeguards to ensure research/evaluation objectivity
and integrity.
For purposes of this solicitation, research and evaluation independence and integrity
pertains to ensuring that the design, conduct, or reporting of research and evaluation funded
by BJA grants, cooperative agreements, or contracts will not be biased by any personal or
financial conflict of interest on the part of the investigators responsible for the research and
evaluation or on the part of the applicant organization. Conflicts can be either actual or
•
apparent. Examples of potential investigator (or other personal) conflict situations may •
include those in which an investigator would be in a position to evaluate a spouse's work
product (actual conflict), or an investigator would be in a position to evaluate the work of a
former colleague (potential apparent conflict). With regard to potential organizational
conflicts of interest, as one example, generally an organization could not be given a grant to
evaluate a project if that organization had itself provided substantial prior technical
assistance to that project, as the organization in such an instance would appear to be
evaluating the effectiveness of its own prior work. The key is whether a reasonable person
understanding all of the facts would be able to have confidence that the results of any
research or evaluation project are objective and reliable. Any outside personal or financial
interest that casts doubt on that objectivity and reliability is a problem.
In the attachment dealing with research and evaluation independence and integrity, the
applicant should explain the process and procedures that the applicant has put in place to
identify and eliminate (or, at the very least, mitigate) potential personal or financial conflicts
of interest on the part of its staff, consultants, and/or subrecipients. It should also identify
any potential organizational conflicts of interest on the part of the applicant with regard to the
proposed research/evaluation. If the applicant reasonably believes that no potential personal
or organizational conflicts of interest exist, then the applicant should provide a brief narrative
explanation of how and why it reached that conclusion. Documentation that may be helpful
in this regard could include organizational codes of ethics/conduct or policies regarding
organizational, personal, and financial conflicts of interest.
18 •
• For situations in which potential personal or organizational conflicts of interest exist, in the
attachment, the applicant should identify the safeguards the applicant has or will put in place
to eliminate, mitigate, or otherwise address those conflicts of interest.
Considerations in assessing research and evaluation independence and integrity will
include, but may not be limited to, the adequacy of the applicant's efforts to identify factors
that could affect the objectivity or integrity of the proposed staff and/or the organization in
carrying out the research, development, or evaluation activity; and the adequacy of the
applicant's existing or proposed remedies to control any such factors.
11. Accounting System and Financial Capability Questionnaire
Any applicant (other than an individual) that is a non-governmental entity and that has not
received any award from OJP within the past 3 years must download, complete, and submit
this form.
Review Process
OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the
application to make sure that the information presented is reasonable, understandable,
measurable, and achievable, as well as consistent with the solicitation. BJA will review
applications for formula awards to ensure statutory requirements have been met.
Absent explicit statutory authorization or written delegation of authority to the contrary, the
Assistant Attorney General will make all final award decisions.
• Additional Requirements
•
Applicants selected for awards must agree to comply with additional legal requirements upon
acceptance of an award. OJP encourages applicants to review the information pertaining to
these additional requirements prior to submitting an application. Additional information for each
requirement can be found at www.ojp.usdoj.gov/funding/other requirements.htm.
• Civil Rights Compliance
• Civil Rights Compliance Specific to State Administering Agencies
• Faith-Based and Other Community Organizations
• Confidentiality
• Research and the Protection of Human Subjects
• Anti-Lobbying Act
• Financial and Government Audit Requirements
• Reporting of Potential Fraud, Waste, and Abuse, and Similar Misconduct
• National Environmental Policy Act (NEPA)
19
• DOJ Information Technology Standards (if applicable)
• Single Point of Contact Review
• Non-Supplanting of State or Local Funds
• Criminal Penalty for False Statements
• Compliance with Office of Justice Programs Financial Guide
• Suspension or Termination of Funding
• Non-profit Organizations
• For-profit Organizations
• Government Performance and Results Act (GPRA)
• Rights in Intellectual Property
• Federal Funding Accountability and Transparency Act of 2006 (FFATA)
• Awards in Excess of $5,000,000 -Federal Taxes Certification Requirement
• Active SAM Registration
• Policy and Guidance for Approval, Planning, and Reporting of Conferences (including
Meetings and Trainings)
• OJP Training Guiding Principles for Grantees and Subgrantees
How to Apply
Applicants must submit applications through the Grants Management System (GMS), which
provides cradle to grave support for the application, award, and management of awards at OJP.
Applicants must register in GMS for each specific funding opportunity. Although the
registration and submission deadlines are the same, OJP urges applicants to register
promptly, especially if this is their first time using the system. Find complete instructions on
how to register and submit an application in GMS at www.ojp.usdoj.gov/gmscbt/. Applicants that
experience technical difficulties during this process should e-mail GMS .HelpDesk@usdoj.gov or
call 888-549-9901 (option 3), Monday-Friday from 6:00 a.m. to midnight eastern time, except
federal holidays. OJP recommends that applicants register promptly to prevent delays in
submitting an application package by the deadline.
Note on File Types: GMS does not accept executable file types as application
attachments. These disallowed file types include, but are not limited to, the following
extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dll," ".ini," ".log," ".ora," ".sys,"
and ".zip."
20
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•
All applicants should complete the following steps:
1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of
Management and Budget requires that all applicants (other than individuals) for federal
funds include a DUNS number in their application for a new award or a supplement to an
existing award. A DUNS number is a unique nine-digit sequence recognized as the
universal standard for identifying and differentiating entities receiving federal funds . The
identifier is used for tracking purposes and to validate address and point of contact
information for federal assistance applicants, recipients, and subrecipients. The DUNS
number will be used throughout the grant life cycle. Obtaining a DUNS number is a free,
one-time activity. Call Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or
apply online at www .dnb.com. A DUNS number is usually received within 1-2 business days.
2. Acquire registration with the System for Award Management (SAM). SAM is the
repository for standard information about federal financial assistance applicants, recipients,
and subrecipients. OJP requires that all applicants (other than individuals) for federal
financial assistance maintain current registrations in the SAM database. Applicants must
update or renew their SAM registration annually to maintain an active status.
Information about SAM registration procedures can be accessed at www.sam.gov.
3. Acquire a GMS username and password. New users must create a GMS profile by
selecting the "First Time User" link under the sign-in box of the GMS home page. For more
information on how to register in GMS, go to www.ojp .usdoi.gov/gmscbt/.
4. Verify the SAM (formerly CCR) registration in GMS. OJP requests that all applicants
verify their SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on
the left side of the default screen. Click the submit button to verify the SAM (formerly CCR)
registration .
5. Search for the funding opportunity on GMS. After logging into GMS or completing the
GMS profile for username and password, go to the "Funding Opportunities" link on the left
side of the page. Select "Bureau of Justice Assistance" and the "Edward Byrne Memorial
Justice Assistance Grant (JAG) Program-Local Solicitation ."
6. Register by selecting the "Apply Online" button associated with the funding
opportunity title. The search results from step 5 will display the funding opportunity title
along with the registration and application deadlines for this funding opportunity. Select the
"Apply Online" button in the "Action" column to register for this funding opportunity and
create an application in the system.
7. Complete the Disclosure of Lobbying Activities, if applicable. Any applicant that
expends any funds for lobbying activities must provide the detailed information requested on
the form, Disclosure of Lobbying Activities (SF-LLL).
8. Follow the directions in GMS to submit an application consistent with this
solicitation. Once submitted, GMS will display a confirmation screen stating the submission
was successful. Important: In some instances, applicants must wait for GMS approval
before submitting an application. OJP urges applicants to submit the application at least 72
hours prior to the application due date .
21
Note: Duplicate Applications
If an applicant submits multiple versions of an application, BJA will review the most recent
version submitted.
Experiencing Unforeseen GMS Technical Issues
Applicants that experience unforeseen GMS technical issues beyond their control that prevent
them from submitting their application by the deadline must e-mail your State Policy Advisor
within 24 hours after the application deadline and request approval to submit their
application. The e-mail must describe the technical difficulties and include a timeline of the
applicant's submission efforts, the complete grant application, the applicant's DUNS number,
and any GMS Help Desk or SAM tracking number(s). Note: BJA does not approve requests
automatically. After the program office reviews the submission, and contacts the GMS Help
Desk to validate the reported technical issues, OJP will inform the applicant whether the request
to submit a late application has been approved or denied. If OJP determines that the applicant
failed to follow all required procedures, which resulted in an untimely application submission,
OJP will deny the applicant's request to submit their application.
The following conditions are generally insufficient to justify late submissions:
• failure to register in SAM or GMS in sufficient time
• failure to follow GMS instructions on how to register and apply as posted on the GMS
Web site
• failure to follow each instruction in the OJP solicitation
• technical issues with the applicant's computer or information technology environment,
including firewalls.
Notifications regarding known technical problems with GMS, if any, are posted at the top
of the OJP funding Web page at www.ojp.usdoj.gov/funding/solicitations.htm.
Provide Feedback to OJP
To assist OJP in improving its application and award processes, we encourage applicants to
provide feedback on this solicitation, the application submission process, and/or the application
review/peer review process. Provide feedback to OJPSolicitationFeedback@usdoLgov.
IMPORTANT: This e-mail is for feedback and suggestions only. Replies are not sent from this
mailbox. If you have specific questions on any program or technical aspect of the solicitation,
you must directly contact the appropriate number or e-mail listed on the front of this solicitation
document. These contacts are provided to help ensure that you can directly reach an individual
who can address your specific questions in a timely manner.
If you are interested in being a reviewer for other OJP grant applications, please e-mail your
resume to ojppeerreview@lmbps .com. The OJP Solicitation Feedback email account will not
forward your resume. Note: Neither you nor anyone else from your organization can be a peer
reviewer in a competition in which you or your organization have submitted an application.
22
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• Application Checklist
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2014 Local Solicitation
This application checklist has been created to assist in developing an application .
What an Applicant Should Do:
Prior to Registering in GMS:
__ Acquire a DUNs Number (see page 21)
__ Acquire or renew registration with SAM (see page 21)
To Register with GMS:
__ For new users, acquire a GMS username and password* (see page 21)
__ For existing users, check GMS username and password* to ensure account access (see
page 21)
__ Verify SAM registration in GMS (see page 21)
__ Search for correct funding opportunity in GMS (see page 21)
__ Register by selecting the "Apply Online" button associated with the funding opportunity
title (see page 21)
*Password Reset Notice -GMS users are reminded that while password reset capabilities exist,
this function is only associated with points of contacts designated within GMS at the time the
account was established . Neither OJP or the GMS Help Desk will initiate a password reset
unless requested by the authorized official or a designated point of contact associated with an
award or application .
• General Requirements:
•
__ Review "Other Requirements" web page
Eligibility Requirement:
__ Jurisdiction listed as the legal name on the application corresponds with the eligible
jurisdiction listed on BJA's JAG web page
__ Federal amount requested is within the allowable limit of the FY 2014 JAG
Allocations List as listed on BJA's JAG web page
What an Application Should Include:
__ Application for Federal Assistance (SF-424) (see page 14)
__ Project Abstract (see page 14)
__ Program Narrative (see page 15)
__ Budget and Budget Narrative (see page 15)
__ Review Narrative (see page 15)
__ Applicant Disclosure of Pending Applications (see page 16)
__ Memorandum of Understanding, if applicable (see page 17)
__ Tribal Authorizing Resolution , if applicable (see page 17)
__ Applicant Disclosure of High Risk Status (see page 17)
__ Research and Evaluation Independence and Integrity, if applicable (see page 18)
__ Accounting System and Financial Capability Questionnaire (if applicable) (see page 19)
__ Disclosure of Lobbying Activities, if applicable (SF-LLL) (see page 21)
23
• COUNCIL COMMUNICATION
Date Agenda Item Subject:
July 7, 2014 9 a ii I ntergov ern men ta I Agreements
between the City and Arapahoe
County
INITIATED BY: STAFF SOURCE:
Community Development Dept. Harold Stitt, Senior Planner
Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council passed Ordinance No. 25, Series of 2012 relating to the participation in the Urban County
Entitlement Program for CDBG and HOME funds for fiscal y ears 2013 through 2015; and also passed
Resolution No. 71, Series of 2013 supporting the submission of applications for 2014 CDBG funding.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the execution of two Intergovernmental Subgrantee
Agreements for the 2014 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 FY2013, funds were approved to support the following projects :
$100,000
$ 27,500
for the Energy Efficient Englewood (E3) project to provide matching grants to twelve low to
moderate income homeowners for energy efficiency interior and exterior home
improvements; and,
for the Housing Rehabilitation project to provide low interest loans and /or grants to three
income eligible homeowners for health and safety related home improvements.
An additional $22,500 of the City's allocation of CDBG funds was approved by Arapahoe County to
support the House of Hope Staffing project. It was requested that Arapahoe County contract directly with
• Family Tree for the administration of the project.
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 both projects (est. $4,000) to partially offset the costs of those salaries and benefits.
LIST OF ATTACHMENTS
Bill for an Ordinance
•
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•
ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO
INTER GOVERNMENT AL SUBGRANTEE AGREEMENTS FOR 2014 COMMUNITY
DEVELOPMENT BLOCK GRANTS (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. 25, Series of 2012, covering the City's participation in the Arapahoe County
CDBG Entitlement Program for funding years 2013 through 2015; and
WHEREAS, the Englewood City Council passed Resolution 71, Series of 2013, supporting
Housing and Community Development that authorized submitting an application for 2014 CDBG
funding; and
WHEREAS, the Energy Efficient Englewood Project has been categorized as a housing
rehabilitation activity; and
WHEREAS, the Housing Rehabilitation 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 1405, attached hereto as Attachment 1, is hereby accepted and approved
by the Englewood City Council.
Section 2. The Subgrantee Agreement for Arapahoe County Community Development Block
Grant Funds -Subgrantee: City of Englewood, Project Name: Housing Rehabilitation Project
Number: ENHS 1406, attached hereto as Attachment 2, is hereby accepted and approved by the
Englewood City Council.
Section 3. Community Development Block Grant (CDBG) funds are Federal Housing and
Urban Development funds which are administered through Arapahoe County, Colorado .
Section 4 . The Mayor is hereby authorized to sign said Agreements for and on behalf of the
City of Englewood, Colorado.
Section 5. The City Manager shall be authorized to further extend the sub grantee agreements
for Project Number EN HS 1405 and Project Number EN HS 1406 attached hereto
for the Arapahoe County Community Development Block Grant Program as needed through
2015.
Introduced, read in full , and passed on first reading on the 7th day of July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
July, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Randy P . Penn, 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 July, 2014.
Loucrishia A. Ellis
•
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: City of Englewood
PROJECT NAME: Energy Efficient Englewood (E3)
PROJECT NUMBER: ENHS 1405
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 the 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.
Il. 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 $100,000. Draw downs 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
A
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beyond the current fiscal year is also contingent upon adequate funds being
appropriated, budgeted and otherwise available.
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. Time line
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 hnpact
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 $500,000 or more annually in
federal funds shall comply with the Single Audit Act of 1984, as
amended, as implemented in OMB Circular A-133, and other
applicable federal regulations.
•
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m. 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 VIlI 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
CFRPart39;
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 Circular A-133; and
16. Cost principles established in OMB Circulars A-87 and A-122 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 provisions in 24 CFR 85.36 and 24 CFR
84.42, respectively shall apply.
(2) In all cases not governed by 24 CFR 85.36 and 84.42, the
provisions of 24 CFR 570 .611 (2) shall apply. Such cases
include the acquisition and disposition of real property and
the provision of assistance by the County or by its
SubGrantees to individuals, businesses, and other private
entities under eligible activities that authorize such
assistance (e.g., rehabilitation, preservation, and other
improvements of private properties or facilities pursuant to
24 CFR 570.202; or grants, loans, and other assistance to
businesses, individuals, and other private entities pursuant
to 24 CFR 570.203, 570.204, 570.455, or 570.703 (i)).
b) Conflicts prohibited. The general rule is that
persons described in paragraph ( c) of this section who
exercise or have exercised any functions or responsibilities
with respect to CDBG activities assisted under this part, or
who are in a position to participate in a decision-making
process or gain inside information with regard to such
activities, may not obtain a financial interest or benefit
from a CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family
ties, during their tenure or for one year thereafter.
c) 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.
d) Exceptions. Upon the written request of the County, HUD
may grant an exception to the provisions of paragraph (b) of
this section on a case-by-case basis when it has satisfactorily
met the threshold requirements of ( d)( 1) of this section,
taking into account the cumulative effects of paragraph ( d)(2)
of this section.
(1) Threshold requirements. HUD will consider an
exception only after the County has provided the following
documentation:
1. A disclosure of the nature of the conflict,
accompanied by an assurance that there has been
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public disclosure of the conflict and a description
of how the public disclosure was made; and
11. An opinion of the County's attorney that the
interest for which the exemption is sought would
not violate State or local law.
(2) Factors to be considered for exceptions. In
determining whether to grant a requested exception after the
County has satisfactorily met the requirements of paragraph
( d)(l) 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 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;
ii. Whether an opportunity was provided for open
competitive bidding or negotiation;
iii. Whether the person affected is a member of a
group or class of low-or moderate-income
persons intended to be the beneficiaries of the
assisted activity, and the exception will permit
such person to receive generally the same
interests or benefits as are being made available
or provided to the group or class;
iv. Whether the affected person has withdrawn from
his or her functions or responsibilities, or the
decision making process with respect to the
specific assisted activity in question;
v. Whether the interest or benefit was present before
the affected person was in a position as described
in paragraph (b) of this section;
Vl. Whether undue hardship will result either to the
County or the person affected when weighed
against the public interest served by avoiding the
prohibited conflict; and
vii. Any other relevant considerations.
18. The SubGrantee cannot engage in a federally funded contract with any
entity registered in the Lists of Parties Excluded From Federal
Procurement or Nonprocurement Programs.
19. Labor Standards (Davis-Bacon)
Except for the rehabilitation of residential property that
contains less than eight (8) units, the SubGrantee, and its
contractor and all subcontractors shall comply with the Davis-
Bacon Act, 40 U.S.C. 276a to 276a-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 acquisition, construction, demolition,
rehabilitation, or any other activity related to residential
housing, and the building was built prior to 1978, Lead Based
Paint Laws and Regulations apply, as established in 24 CFR
Parts 35 and 24 CFR 570.608. Further, all applicable federal
and state laws relating to lead-based paint must be followed,
including such regulations promulgated by the U.S.
Environmental Protection Agency and the State Department
of Public Health and Environment, including regulations for
non-housing buildings. If the SubGrantee does not follow
and document lead based paint laws and regulation
compliance, the SubGrantee will not be eligible for
reimbursement.
21. Environmental Review
Notwithstanding any provision of this Agreement, the parties
hereto agree and acknowledge that this Agreement does not
constitute a commitment of funds or site approval, and that
such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and, if
required, receipt by Arapahoe County of a release of funds
from the U.S. Department of Housing and Urban
Development under 24 CFR Part 58. The parties further
agree that the provision of any funds to the project is
conditioned on Arapahoe County's determination to proceed
with, modify, or cancel the project based on the results of a
subsequent environmental review.
21. Uniform Relocation Act (URA)
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B.
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.
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 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.
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F. Indemnity
To the extent allowed byfaw, 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,1 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:
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1. Comprehensi e General Liability: In the amount of not less than
$1,000,000 c mbined single limit. Coverage to include:
a. P ernises Operations
b. P oducts/Completed Operations
c. B oad Form Contractual Liability
d. Itjdependent Contractors
e. Btoad 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
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2 . Comprehensive Automobile Liability: In the amount of not less than
$1,000,000 combined single limit for bodily injury and property
damage. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named
Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor
shall secure and maintain employer's liability and Worker's
Compensation Insurance that will protect it against any and all
claims resulting from injuries to and death of workers engaged in
work under any contract funded pursuant to this agreement.
Coverage to include Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance
shall be subject to the following stipulations:
a. Underwriters shall have no rights of recovery subrogation
against Arapahoe County or the SubGrantee; it being the
intent of the parties that the insurance policies so effected
shall protect the parties and be primary coverage for any and
all losses covered by the described insurance.
b . The clause entitled "Other Insurance Provisions" contained in
any policy including Arapahoe County as an additional
named insured shall not apply to Arapahoe County, or the
SubGrantee.
c. The insurance companies issuing the policy or policies shall
have no recourse against Arapahoe County, or the
SuhGrantee for payment of any premiums due or for any
assessments under any form of any policy.
d. 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
$100,000):
1. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the contractor for 100% of the
contract price; and
3. 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 Inspector
General, and the General Accounting Office so that compliance with Federal laws
and regulations may be confinned. 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 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
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approval of the request, the County will distribute the requested funds to the
SubGrantee as soon as possible.
L. Program Income
All program income directly derived from the Arapahoe County Community
Development Block Grant Program received by the SubGrantee will be returned to
the County unless authorized in Exhibit A Scope of Services to be retained by the
SubGrantee and dispersed for its approved CDBG Project activities. If the retention
and re-use of Program Income is Authorized, it must be dispersed for its approved
CDBG Project activities before additional CDBG funds are requested from the
County. Following completion of the SubGrantee's Arapahoe County CDBG
Projects, all program income directly generated from the use of CDBG funds will be
remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in
accordance with the scope and goals identified in Exhibit A Scope of Services
attached to and made a part of this Agreement. Should the property in question be
sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as
applicable) regarding the use and disposition of real property .
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to
applicable State of Colorado statutes and County ordinances, resolutions, rules, and
regulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of
this Agreement shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be immediately suspended or terminated upon written
notification from the County if the SubGrantee materially fails to comply with any
term of this Agreement. This Agreement may also be terminated for convenience by
mutual agreement of the County and the SubGrantee.
Q. Urban County Designation
In the event that the Unit of General Local Government should withdraw from the
County's "Urban County" designation, this Agreement shall terminate as of the
termination date of the County's CDBG grant Agreement with HUD.
R. Certification
The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of it, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
S. Disallowance
If it is determined by HUD or other federal agency that the expenditure, in whole or
in part, for the 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 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
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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 jurisdiction to be
void and/or unenforceable, it is the intent of the parties that the remaining portions of
this agreement shall be of full force and effect.
VI. NOTICES
Notices to be provided under this Agreement shall be given in writing and either
delivered by hand or deposited in the United States mail with sufficient postage to
the addresses set forth:
To the County: Arapahoe County Attorney
5334 S. Prince Street
Littleton, CO 80120-1136
Arapahoe County Housing and Community Development
1690 W. Littleton Blvd., #300
Littleton, CO 80120-2069
To the SubGrantee: City of Englewood
A TIN: Janet Grimmett
1000 Englewood Pkwy
Englewood, CO 80110
In Witness Whereof, the Parties have caused this Agreement to be duly executed this
_____ day of ,2014.
SubGrantee:
Signature -Randy P. Penn
Mayor
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Resolution #1301 S% 1 4 o D °' S
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SCOPE OF SERVICES
FOR CDBG REHAB
Program Name: Englewood-Energy Efficient Englewood (E3)
Cf DA#: CDBG 14.218
Project#: ENHS 1405
AGREEMENT AMOUNT:$ 100,000
AGREEMENT END DATE AND PROJECT DEADLINE: 4/30/2015
INTRODUCTION
This Scope of Services is attached to and incorporated into the SubGrantee Agreement between the
Board of County Commissioners of the County of Arapahoe, State of Colorado and the City of Englewood
{SubGrantee) as referenced in the Agreement. The purpose of this Scope of Services is to further
describe the project requirements referenced in Section II. C. -Performance Criteria of the SubGrantee
Agreement.
1. FEDERAL REGULATORY INFORMATION
• CDBG National Objective1
: Benefit to low-and moderate-income (LMI) housing
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HUD Matrix Code: 14A Single Unit Proposed Number of beneficiaries*: 12
Residential
*Beneficiaries are to be counted by the number of total number of D PEOPLE or [8J HOUSEHOLDS
who will benefit from the project (including all members of a household).
The Project will be carried out under the:
D CDBG Area Benefit definition [8J CDBG Limited Clientele definition
For Limited Clientele Activities: Select which method of income verification will be used:
D Self-Certification [8J Verification with supporting income documentation
If income will be verified 2, select the method that will be used to determine annual household income:
D N/A [8J Part 5 Section 8 D Census Long Form D IRS Form 1040 Long Form
2. ACTIVITY DESCRIPTION/PERFORMANCE GOALS
1 Change to appropriate National Objective if necessary.
2 For descriptions of each income verification method and required documentation, go to:
http://www.hud.gov/offices/cpd/affordablehousing/training/web/calculator/calculator.cfm
This website provides an on-line income calculator for each of the three verification methods. The use of the calculator is required and a print-
out of the completed calculator for each household assisted must be maintained on file .
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a. Purpose (short description of program purpose)
The E3 project is available within the City of Englewood to assist low and moderate income
families with incentives to encourage conservation and energy efficiency upgrades.
b. Goals and Community Impact
To provide loan and/or grants to 12 single family homeowners within Englewood.
c. Project Address-throughout Arapahoe County
Sites within Englewood addresses unknown at this time.
d. Name of Organization Carrying out the Activity -City of Englewood
Organization is: IZ!Another unit of local gov't; 0Another public agency; OcBDO only; D
Subrecipient only; OcBDO designated as subrecipient
e. Local Jurisdictions rules and regulations/ ADA
SubGrantee agrees that it has read and understands the local jurisdiction's rules and regulations
and local codes pertaining to the work and that all work will be permitted with the municipality
and completed according to its rules and regulations. SubGrantee will perform the work in
accordance with the Americans with Disabilities Act (ADA).
f. Detailed Program Requirements
The responsibilities of the City of Englewood for implementation of the program will include:
• Market the program;
• Accept all applications;
• Determine applicants' eligibility and approve or deny grants;
• Maintain a list of approved contractors;
• Complete a Site Specific Environmental Review;
• Contact Arapahoe County Weatherization, if eligible refer client;
• Determine needs and develop comprehensive work specifications based on
Energy Audit;
• Prepare client documentation;
• Monitor rehab activity;
• Comply with lead-based paint regulations and ensure that tenants, owners
and contractors are aware of their rights, responsibilities and options;
• Maintain program activity records and produce reports as set forth in this
contract;
• Homeowner selects company/individual to conduct work or purchase
materials. Company name and/or individual name is matched against the
Federal Excluded Party List System by City to insure eligibility to receive
federal funds. This is completed before any work begins. Once cleared the
homeowner is instructed to proceed and to ensure appropriate permits are
obtained, if required, by the Englewood Building and Safety Division.
• Ensure that costs are reasonable:
o Does not exceed that which would be incurred by a prudent person
under the circumstances prevailing at the time the decision was
made to incur the cost;
o Is consistent with sound business practices; and
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o Is consistent with market prices for similar goods and services;
• Payment may be made either directly to homeowner, upon receipt of paid
invoices, or paid directly to company/individual. Reimbursement is 80% of
the total invoice when a 20% match is required. Copies of checks and
invoices are placed in file;
• Items will meet or exceed energy standards set forth at
www.energystar.gov; and
• Homeowner sign-off on the job being completed as stated in the description
of work.
g. Program Income
Program income is the gross income received by the SubGrantee directly generated from the
use of CDBG funds under this Agreement. Program income includes:
• Proceeds from the sale or lease of property purchased or improved with CDBG funds
until five years after the termination of this Agreement;
• Proceeds from the sale or lease of equipment purchased with CDBG funds;
• Gross income from the use or rental of real or personal property acquired, constructed
or improved by the SubGrantee less costs incidental to the generation of income;
• Payments of principal and interest on loans made by the SubGrantee using CDBG funds;
• Proceeds from the sale of loans or obligations secured by loans made with CDBG funds;
• Interest earned on program income pending its disposition {NOTE: interest earned on
CDBG funds held in revolving loan funds is not program income and must be remitted to
the U.S. Treasury at least annually); and
• Funds collected through special assessments on properties not owned and occupied by
LMI households in order to recover the CDBG portion of a public improvement.
The County Oauthorizes [8]does not authorize the SubGrantee to retain Program Income to be
used for eligible CDBG activities. If authorized, Program income may be used for the following
purposes: n/a
Reporting program income: Monthly, the SubGrantee must report to the County on the
amount of Program Income received, less costs incidental to the generation of Program Income.
Any Program Income in excess of the amount of CDBG funds identified in Section i. Budget must
be repaid to the County.
i. Budget
ITEM TOTAL AMT.PD BY
BUDGET COUNTY
Admin-Personnel Costs $29,375 $1,600
Admin-Lead Based $2,400 $2,400
Paint Testing
Grants for Energy $96 ,000 $96,000
Efficiency
TOTAL $127 ,775 $100,000
The amounts in each budget line item may be adjusted w ith the written approval of the County; provided, however, that the
total amount of the award does not change.
Retainage : Up to 5% of each draw may be retained to ensure that the work is completed satisfactorily. Retainage withheld will
be paid within 60 days upon the completion and satisfactory inspection of the work.
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3. DRAW REQUESTS
Draw requests are due for each calendar month by the 20th day of the following month. Draw requests
must include:
a. Draw cover sheet showing itemized list of expenditures (HCDS form)
b. Supporting documentation (check all that apply):
[8J Third -party invoices or receipts
[8J Check copies showing payment cashment (cancelled checks)
D Lien Waivers
D Davis-Bacon Certified Payrolls
[8J Federal Accountability and Transparency Act form (Attachment 1)*
*Per the Federal Accountability and Transparency Ad of 2006 as amended, compensation data for certain
officials must be reported . The report form is attached herein as Attachment 1. Th is form must be
submitted with the first draw request ond updated if there are changes
[8J Site Specific Environmental Review checklists
Note : Payments on draws submitted after May 20 may be delayed due to end-of-year HUD reporting
4. REPORTING
Data collection must be completed demonstrating income eligibility and achievements met towards
meeting the objectives described in Section 2 Activity Description. The disbursement of funds is
contingent upon the receipt of the required information.
Reports are due for each calendar month by the 20th day ofthe following month. Reports must include:
• No . of beneficiaries served during the reporting period
• Demographic information* for D the individual served, or [8J each household
• Household income* (if applicable)
• Brief narrative report on activities contained in Section 2
• Program Income
*HCDS will provide a form for the collection of beneficiary income and demographic information;
however, the SubGrantee may use its own form, or a form used for another fund source for the same
program, provided that the following information is collected:
• Unique identifier: Name and address
• Whether the head of household is female and/or disabled
• Whether the head of household is aged 62 years or older
• Total number of household members
• Total income of all household members
• Ethnicity: Hispanic or Latino OR Not Hispanic or Latino of each household member
• The race of each household member:
White
Black or African American
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Asian
American Indian or Alaska Native
Native Hawaiian or Other pacific Islander
American Indian or Alaska Native and White
Asian and White
Black or African American and White
American Indian or Alaska Native and Black or African American
Other Multi-Racial
NOTE: Both ethnicity AND race category must be selected for each household member
• Signature attesting to the accuracy of the information submitted.
5. RECORD-KEEPING AND MONITORING
SubGrantee shall retain on file the following documents for a period of five years beyond the final close-
out of this grant. Files shall be made available to Arapahoe County, the Department of Housing and
Urban Development, the Office of Inspector General, the General Accounting Office, or any other
federal regulatory agency, upon request for monitoring purposes.
1. Agreement between County and SubRecipient
2. Draw Requests and supporting documentation (see Section 3 Draw Requests)
3. Annual audits
Each property file must contain:
4. Homeowner application for assistance
5. Source documents used to determine income eligibility and income verification calculator print-
out (if HUD income calculator is used)
6. Agreement between the SubRecipient and homeowner
7. Promissory Note and Deed of Trust, including any addenda, if applicable
8. Title check or copy of deed, documenting ownership of property
9. Site Specific environmental reviews approved by the County
10. EPLS check on contractor and subcontractors used
11. Copy of Flood Insurance Certificate or Policy, if property is located in a FEMA 100-year flood plan
12. Work write-up/scope of work
13. Documentation that the work was conducted per the approved rehab standards and the local
jurisdiction's housing codes
14. Copies of initial and final inspections and check-lists, performed by a licensed contractor
15. Lien waivers obtained for progress payments and final payment from all contractors and
subcontractors
16. Beneficiary Data (see Section 4 Reporting)
FOR COUNTY Use ONLY-FEDERAL IDIS REPORTIN(j
1. Performance Goal: Ocreate suitable living environments; 1:81Provide decent affordable housing; Ocreate economic opportunities
2. Performance Outcome: D Availability/ Accessibility; D Affordability; 1:81 Sustainability
3 . Check box if project address is to be marked as confidential D
4. Activity Purpose: 0Prevent Homelessness; 0Help the Homeless; 0Help those with HIV/AIDS ; 0Help persons with disabilities
S. 0Accomplishments to be reported at another activity : IOIS # __
6 . Activity be ing carried out by Grantee? Oves; Ono If yes, activity is being carried out through : 0Employees; D Contractors; D
Both
Pages
7. If Agreement is with another County department, the activity will be carried out by: Ocounty employees; Ocontractors;
0Both
8. Area Type: 0CDFO Area; 0Local Target Area; Ostrategy Area
9. Special Characteristics: 0Presidentially Declared major Disaster Area; 0Historic Preservation Area; 0Brownfield Redevelopment
Area -indicate number of acres remediated:
10. Activity Information: Done-for-One Replacement; Ooisplacement; 0Favored Activity; Ospecial Assessment; 0Revolving Fund;
0Float Funded
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Attachment 1
Federal Funding Accountability and Transparency Act (FF ATA)
In accordance with Federal Acquisition Regulation Clause 52.204-10, reporting is required for awards of $25,000 or
more.
Information Field Response
Definitions can be found on the reverse of this form .
1. Agency or Jurisdiction DUNS number: Arapahoe County
2. Subrecipient name Receiving Award: City of Englewood
3. Subrecipient Parent DUNS number:
(report if different from agency number
above)
4. Location of Entity Receiving Award:
(full street address)
5. Primary location of Performance of the Award:
(City, State and Congressional District)
Answer True or False (below)
6. In the preceding fiscal year, Contractor received:
a.) $25,000,000 or more in annual gross
revenues from federal procurement
contracts/subcontracts and/or federal financial
assistance awards or subawards subject to the
Transparency Act.
b.) 80% or more of its annual gross revenues
from federal procurement contracts/subcontracts
and/or federal financial assistance awards or
subawards subject to the Transparency Act.
c.) The public does not have access to
information about the compensation of its five
most highly compensated Executives through
periodic reports filed through the Securities
Exchange Act of 1934 or the IRS.
An answer to questi.on 7 is required ONLY when all answers to questions 6 are true.
7. Names and total compensation of the five (5) most highly compensated Executives for the preceding fiscal
year:
Print Name Compensation Amount
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By signing below, I certify the information contained in this report is complete and accurate to the best of my
knowledge.
Signature of Responsible Administrator and Title Date
Definitions
1. The DUNS Number of the agency receiving the award, which is used as the unique entity
identifier.
DUNS Number -Dun and Bradstreet (D&B) -This commercial entity maintains a repository of
unique identifiers (D-U-N-S Numbers), which are nine-digit sequences recognized as the
universal standard for identifying business entities and corporate hierarchies. Any organization
that has a Federal contract or grant must have a DUNS Number.
2. The name of the entity receiving the award; Sub-Grantee, Sub-Recipient, Sub-Awardee.
•
3. The DUNS Number of the agency receiving the award (if different than Sub-Recipient in box
#1), which is used as the unique entity identifier. DUNS Number-Dun and Bradstreet (D&B) •
-This commercial entity maintains a repository of unique identifiers (DUNS Numbers), which
are nine-digit sequences recognized as the universal standard for identifying business entities
and corporate hierarchies. Any organization that has a Federal contract or grant must have a
DUNS Number.
4. The business office location of the entity receiving the award under the award including the
city, state, congressional district, and country.
5. The primary location of performance under the award including the city, state, congressional
district, and country.
6. The names and total compensation of the five highest-paid officers of an entity if, in the
preceding fiscal year, that entity received: 80% or more of its annual gross revenues in Federal
awards, $25,000,000 or more in annual gross revenues from Federal awards, and the public
does not already have access to data on executive compensation through reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934, or section 6104 of the Internal
Revenue Code of 1986.
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COl\fMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: City of Englewood
PROJECT NAME: Housing Rehabilitation
PROJECT NUMBER: ENHS1406
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 the 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 Housing Rehabilitation (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 $27 ,500. 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
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beyond the current fiscal year is also contingent upon adequate funds being
appropriated, budgeted and otherwise available.
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
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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 $500,000 or more annually in
federal funds shall comply with the Single Audit Act of 1984, as
amended, as implemented in OMB Circular A-133, and other
applicable federal regulations.
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A. Federal Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and
requirements, and all provisions of the grant agreements received from the U.S.
Department of Housing and Urban DevelOpment (HUD) by the County. These
include but are not limited to compliance with the provisions of the Housing and
Community Development Act of 1974 and all rules, regulations, guidelines and
circulars promulgated by the . various federal departments, agencies, administrations
and commissions relating to the CDBG Program. A listing of some of the applicable
laws and regulations are as follows:
1. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85 as applicable per 24 CFR 570.502;
3. Title VI of the Civil Rights Act of 1964;
4. Title VIII of the Civil Rights Act of 1968;
5. Sections 104(b) and 109 of the Housing and Community Development
Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law
90-284, and Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24
CFRPart39;
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 O:MB Circular A-133; and
16. Cost principles established in OMB Circulars A-87 and A-122 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 provisions in 24 CFR 85.36 and 24 CFR
84.42, respectively shall apply.
(2) In all cases not governed by 24 CFR 85.36 and 84.42, the
provisions of 24 CPR 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.
c) 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.
d) Exceptions. Upon the written request of the County, HUD
may grant an exception to the provisions of paragraph (b) of
this section on a case-by-case basis when it has satisfactorily
met the threshold requirements of ( d)( 1) of this section,
taking into account the cumulative effects of paragraph ( d)(2)
of this section.
(1) Threshold requirements. HUD will consider an
exception only after the County has provided the following
documentation:
1. A disclosure of the nature of the conflict,
accompanied by an assurance that there has been
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public disclosure of the conflict and a description
of how the public disclosure was made; and
ii. An opinion of the County's attorney that the
interest for which the exemption is sought would
not violate State or local law.
(2) Factors to be considered for exceptions. In
determining whether to grant a requested exception after the
County has satisfactorily met the requirements of paragraph
( d)(l) 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 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;
ii. 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.
1~. 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 276a-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 wag~ 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 iirvolves acquisition, construction, demolition,
rehabilitation, or any other activity related to residential
housing, and the building was built prior to 1978, Lead Based
Paint Laws and .Regulations apply, as established in 24 CFR
Parts 35 and 24 CFR 570.608 . Further, all applicable federal
and state laws relating to lead-based paint must be followed,
including such regulations promulgated by the U.S.
Environmental Protection Agency and the State Department
of Public Health and Environment, including regulations for
. non-housing buildings. If the SubGrantee does not follow •
and document lead based paint laws and regulation
compliance, the SubGrantee will not be eligible for
reimbursement.
21. Environmental Review
Notwithstanding any provision of this Agreement, the parties
hereto agree and acknowledge that this Agreement does not
constitute a commitment of funds or site approval, and that
such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and, if
required, receipt by Arapahoe County of a release of funds
from the U.S. Department of Housing and Urban
Development under 24 CFR Part 58. The parties further
agree that the provision of any funds to the project is
conditioned on Arapahoe County's determination to proceed
with, modify, or cancel the project based on the results of a
subsequent environmental review.
21. Uniform Relocation Act (URA)
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B.
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.
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 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, 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 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
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2. Comprehensive Automobile Liability: In the amount of not less than
$1,000,000 combined single limit for bodily injury and property
damage. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named
Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor
shall secure and maintain employer's liability and Worker's
Compensation Insurance that will protect it against any and all
claims resulting from injuries to and death of workers engaged in
work under any contract funded pursuant to this agreement.
Coverage to include Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance
shall be subject to the following stipulations:
a. Underwriters shall have no rights of recovery subrogation
against Arapahoe County or the SubGrantee; it being the
intent of the parties that the insurance policies so effected
shall protect the parties and be primary coverage for any and
all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in
any policy including Arapahoe County as an additional
named insured shall not apply to Arapahoe County, or the
SubGrantee.
c. 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.
d. 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 •
$100,000):
1. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the contractor for 100% of the
contract price; and
3. 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 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
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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 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 •
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approval of the request, the County will distribute the requested funds to the
SubGrantee as soon as possible .
L. Program Income
All program income directly derived from the Arapahoe County Community
Development Block Grant Program received by the SubGrantee will be returned to
the County unless authorized in Exhibit A Scope of Services to be retained by the
SubGrantee and dispersed for its approved CDBG Project activities. If the retention
and re-use of Program Income is Authorized, it must be dispersed for its approved
CDBG Project activities before additional CDBG funds are requested from the
County. Following completion of the SubGrantee's Arapahoe County CDBG
Projects, all program income directly generated from the use of CDBG funds will be
remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in
accordance with the scope and goals identified in Exhibit A Scope of Services
attached to and made a part of this Agreement. Should the property in question be
sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as
applicable) regarding the use and disposition of real property .
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to
applicable State of Colorado statutes and County ordinances, resolutions, rules, and
regulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of
this Agreement shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be immediately suspended or terminated upon written
notification from the County if the SubGrantee materially fails to comply with any
term of this Agreement. This Agreement may also be terminated for convenience by
mutual agreement of the County and the SubGrantee.
Q. Urban County Designation
In the event that the Unit of General Local Government should withdraw from the
County's "Urban County" designation, this Agreement shall terminate as of the •
termination date of the County's CDBG grant Agreement with HUD.
R. Certification
The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of it, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
S. Disallowance
If it is determined by HUD or other federal agency that the expenditure, in whole or
in part, for the 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 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
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IV.
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.
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 jurisdiction to be
void and/or unenforceable, it is the intent of the parties that the remaining portions of
this agreement shall be of full force and effect. •
VI. NOTICES
Notices to be provided under this Agreement shall be given in writing and either
delivered by hand or deposited in the United States mail with sufficient postage to
the addresses set forth:
To the County: Arapahoe County Attorney
5334 S . Prince Street
Littleton, CO 80120-1136
Arapahoe County Housing and Community Development
1690 W. Littleton Blvd., #300
Littleton, CO 80120-2069
To the SubGrantee: City of Englewood
ATTN: Janet Grimmett
1000 Englewood Pkwy
Englewood, CO 80110
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this
_____ day of ,2014 .
SubGrantee:
Signature Randy P. Penn
Mayor
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Resolution #1'30152 \ 4 oc C\.3""
• EXHIBIT A
SCOPE OF SERVICES
FOR CDBG REHAB
Program Name: Englewood--Housing Rehabilitation
CFDA #: CDBG 14.218
Project#: ENHS 1406
AGREEMENT AMOUNT:$ 27,500
AGREEMENT END DATE AND PROJECT DEADLINE: 4/30/2015
INTRODUCTION
This Scope of Services is attached to and incorporated into the SubGrantee Agreement between the
Board of County Commissioners of the County of Arapahoe, State of Colorado and the City of Englewood
(SubGrantee) as referenced in the Agreement. The purpose of this Scope of Services is to further
describe the project requirements referenced in Section II. C. -Performance Criteria of the SubGrantee
Agreement.
1. FEDERAL REGULATORY INFORMATION
• CDBG National Objective1
: Benefit to low-and moderate-income (LMI) housing
•
HUD Matrix Code: 14A Single Unit Proposed Number of beneficiaries*: 3
Residential
*Beneficiaries are to be counted by the number of total number of 0 PEOPLE or [8l HOUSEHOLDS who
will benefit from the project (including all members of a household).
The Project will be carried out under the:
0 CDBG Area Benefit definition [8l CDBG Limited Clientele definition
For Limited Clientele Activities: Select which method of income verification will be used:
D Self-Certification [gl Verification with supporting income documentation
If income will be verified2, select the method that will be used to determine annual household income:
0 N/A [gl Part 5 Section 8 0 Census Long Form D IRS Form 1040 Long Form
2. ACTIVITY DESCRIPTION/PERFORMANCE GOALS
1 Change to appropriate National Objective if necessary.
2 For descriptions of each income verification method and required documentation, go to:
http://www.hud.gov/offices/cpd/affordablehousing/training/web/calculator/calculator.cfm
This website provides an on-line income calculator for each of the three verification methods. The use of the calculator is required and a print-
out of the completed calculator for each household assisted must be maintained on file .
Page 1
a. Purpose (short description of program purpose)
The Housing Rehabilitation Project is available within the City of Englewood to assist low and
moderate income families with the financing of their major household repairs.
b. Goals and Community Impact
To provide loan and/or grants to 3 single family homeowners within Englewood.
c. Project Address-throughout Arapahoe County
Sites within Englewood addresses unknown at this time.
d. Name of Organization Carrying out the Activity-City of Englewood
Organization is: [g!Another unit of local gov't; 0Another public agency; Ocsoo only; D
Subrecipient only; OcBDO designated as subrecipient
e. Local Jurisdictions rules and regulations/ADA
SubGrantee agrees that it has read and understands the local jurisdiction's rules and regulations
and local codes pertaining to the work and that all work will be permitted with the municipality
and completed according to its rules and regulations. SubGrantee will perform the work in
accordance with the Americans with Disabilities Act (ADA}.
f. Detailed Program Requirements
The responsibilities of the City of Englewood for implementation of the program will include:
• Market the program;
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• Accept all applications;
• Determine applicants' eligibility and approve or deny grants/loans. •
• Maintain a list of approved contractors;
• Complete a Site Specific Environmental Review;
• Determine rehab needs and develop comprehensive work specifications;
• Structure contractor bidding process;
• Prepare contractor and client documentation;
• Monitor rehab activity;
• Comply with lead-based paint regulations and ensure that tenants, owners
and contractors are aware of their rights, responsibilities and options;
• Maintain program activity records and produce reports as set forth in this
contract;
• Inspect each rehab once completed with the contractor, and sign-off on
the job being completed as stated in the description of work; and
• Ensure that all City permitting and local standards are met.
g. Program Income
Program income is the gross income received by the SubGrantee directly generated from the
use of CDBG funds under this Agreement. Program income includes:
• Proceeds from the sale or lease of property purchased or improved with CDBG funds
until five years after the termination of this Agreement;
• Proceeds from the sale or lease of equipment purchased with CDBG funds;
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• Gross income from the use or rental of real or personal property acquired, constructed
or improved by the SubGrantee less costs incidental to the generation of income;
• Payments of principal and interest on loans made by the SubGrantee using CDBG funds;
• Proceeds from the sale of loans or obligations secured by loans made with CDBG funds;
• Interest earned on program income pending its disposition (NOTE: interest earned on
CDBG funds held in revolving loan funds is not program income and must be remitted to
the U.S. Treasury at least annually); and
• Funds collected through special assessments on properties not owned and occupied by
LMI households in order to recover the CDBG portion of a public improvement.
The County IZ!authorizes 0does not authorize the SubGrantee to retain Program Income to be
used for eligible CDBG activities. If authorized, Program income may be used for the following
purposes: The Englewood Housing Rehabilitation Program
Reporting program income: Monthly, the SubGrantee must report to the County on the
amount of Program Income received, less costs incidental to the generation of Program Income.
Any Program Income in excess of the amount of CDBG funds identified in Section i. Budget must
be repaid to the County.
i. Budget
ITEM TOTAL AMT. PD BY AMT PD BY
BUDGET COUNTY Englewood
Admin-Personnel Costs $56,000 $2,500 $53,500
Project Rehab Costs $25,000 $25,000
" .• TOTAL $81,000 ; $27,500 ·.···: . ' $:>3,~00 .· ..
The amounts in each budget line item may be adjusted with the written approval of the County; provided, however, that the
total amount of the award does not change.
Retainage: Up to 5% of each draw may be retained to ensure that the work is completed satisfactorily. Retainage withheld will
be paid within 60 days upon the completion and satisfactory inspection of the work.
3. DRAW REQUESTS
Draw requests are due for each calendar month by the 20th day ofthe following month. Draw requests
must include:
a. Draw cover sheet showing itemized list of expenditures (HCDS form)
b. Supporting documentation (check all that apply):
IZl Third-party invoices or receipts
[8J Check copies showing payment cashment (cancelled checks)
0 Lien Waivers
D Davis-Bacon Certified Payrolls-the one unit is considered a group home and therefore
exempt from Davis Bacon
[8J Federal Accountability and Transparency Act form (Attachment 1)*
*Per the Federal Accountability and Transparency Act of 2006 as amended, compensation data for certain
officials must be reported. The report form is attached herein as Attachment 1. This form must be
submitted with the first draw request and updated if there are changes
C8] Site Specific Environmental Review checklists
Page3
Note: Payments on draws submitted after May 20 may be delayed due to end-of-year HUD reporting
4. REPORTING
Data collection must be completed demonstrating income eligibility and achievements met towards
meeting the objectives described in Section 2 Activity Description. The disbursement of funds is
contingent upon the receipt of the required information.
Reports are due for each calendar month by the 20th day of the following month. Reports must include:
• No. of beneficiaries served during the reporting period
• Demographic information* for D the individual served, or [gl each household
• Household income* (if applicable)
• Brief narrative report on activities contained in Section 2
• Program Income
*HCDS will provide a form for the collection of beneficiary income and demographic information;
however, the SubGrantee may use its own form, or a form used for another fund source for the same
program, provided that the following information is collected:
• Unique identifier: Name and address
• Whether the head of household is female and/or disabled
• Whether the head of household is aged 62 years or older
• Total number of household members
• Total income of all household members
• Ethnicity: Hispanic or Latino OR Not Hispanic or Latino of each household member
• The race of each household member:
White
Black or African American
Asian
American Indian or Alaska Native
Native Hawaiian or Other pacific Islander
American Indian or Alaska Native and White
Asian and White
Black or African American and White
American Indian or Alaska Native and Black or African American
Other Multi-Racial
NOTE: Both ethnicity AND race category must be selected for each household member
• Signature attesting to the accuracy of the information submitted.
5. RECORD-KEEPING AND MONITORING
SubGrantee shall retain on file the following documents for a period of five years beyond the final close-
out of this grant. Files shall be made available to Arapahoe County, the Department of Housing and
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Urban Development, the Office of Inspector General, the General Accounting Office, or any other •
federal regulatory agency, upon request for monitoring purposes.
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At minimum, files must contain:
1. Agreement between County and SubRecipient
2. Draw Requests and supporting documentation (see Section 3 Draw Requests)
3. Annual audits
Each property file must contain:
4. Homeowner application for assistance
5. Source documents used to determine income eligibility and income verification calculator print-
out (if HUD income calculator is used)
6. Agreement between the SubRecipient and homeowner
7. Promissory Note and Deed of Trust, including any addenda, if applicable
8. Title check or copy of deed, documenting ownership of property
9. Site Specific environmental reviews approved by the County
10. EPLS check on contractor and subcontractors used
11. Copy of Flood Insurance Certificate or Policy, if property is located in a FEMA 100-year flood plan
12. Work write-up/scope of work
13. Documentation that the work was conducted per the approved rehab standards and the local
jurisdiction's housing codes
14. Copies of initial and final inspections and check-lists, performed by a licensed contractor
15. Lien waivers obtained for progress payments and final payment from all contractors and
subcontractors
16. Beneficiary Data (see Section 4 Reporting)
FOR COUNTY USE ONL,Y .-FEOERAL IDIS REPORTING
1. Perf~rmance Goal: Ocre~te suitable li~ing environ~ents; lEjProvide decent affordable housing; Ocreate economic opportunities
2. Performance Outcome: D Availability/Accessibility; D Affordability; lEj Sustainability
3. Check box if project address ls to be marked as confidential D
4 . Activity Purpose: 0Prevent Homelessness; 0Help the Homeless; 0Help those with HIV/AIDS; 0Help persons with disabilities
5. 0Accomplishments to be reported at another activity: IDIS # __
6. Activity being carried out by Grantee? Dyes; Ono If yes, activity is being carried out through: 0Employees; D Contractors; D
Both
7. If Agreement is with another County department, the activity will be carried out by : Dcounty employees; Dcontractors;
Death
8. Area Type : 0CDFO Area; 0Local Target Area; Ostrategy Area
9. Special Characteristics: 0Presidentially Declared major Disaster Area; 0Historic Preservation Area; Oerownfield Redevelopment
Area -indicate number of acres remediated:
10. Activity Information : Done-for -One Replacement; 0Displacement; 0Favored Activity; Ospecial Assessment; 0Revolving Fund;
DFloat Funded
Pages
Attachment 1
Federal Funding Accountability and Transparency Act (FFATA)
In accordance with Federal Acquisition Regulation Clause 52.204-10, reporting is required for awards of $25 ,000 or
more.
Information Field Response
Definitions can be found on the reverse of this form.
1. Agency or Jurisdiction DUNS number: Arapahoe County
2. Subrecipient name Receiving Award: City of Englewood
3. Subrecipient Parent DUNS number:
(report if different from agency number
above)
4. Location of Entity Receiving Award:
(full street address)
5. Primary location of Performance of the Award:
(City, State and Congressional District)
Answer True or False (below)
6. In the preceding fiscal year, Contractor received:
a.) $25,000,000 or more in annual gross
revenues from federal procurement
contracts/subcontracts and/or federal financial
assistance awards or subawards subject to the
Transparency Act.
b.) 80% or more of its annual gross revenues
from federal procurement contracts/subcontracts
and/or federal financial assistance awards or
subawards subject to the Transparency Act.
c.) The public does not have access to
information about the compensation of its five
most highly compensated Executives through
periodic reports filed through the Securities
Exchan.e;e Act of 1934 or the IRS.
An answer to question 7 is required ONLY when all answers to questions 6 are true.
7. Names and total compensation of the five (5) most highly compensated Executives for the preceding fiscal
year:
Print Name Compensation Amount
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By signing below, I certify the information contained in this report is complete and accurate to the best of my
knowledge.
Signature of Responsible Administrator and Title Date
Definitions
1. The DUNS Number of the agency receiving the award, which is used as the unique entity
identifier.
DUNS Number -Dun and Bradstreet (D&B) -This commercial entity maintains a repos itory of
unique identifiers (D-U-N-S Numbers), which are nine-digit sequences recognized as the
universal standard for identifying business entities and corporate hierarchies. Any organization
that has a Federal contract or grant must have a DUNS Number.
2. The name of the entity receiving the award; Sub-Grantee, Sub-Recipient, Sub-Awardee.
3. The DUNS Number of the agency receiving the award (if different than Sub-Recipient in box
#1 ), which is used as the unique entity identifier. DUNS Number -Dun and Bradstreet (D&B)
-This commercial entity maintains a repository of unique identifiers (DUNS Numbers), which
are nine-digit sequences recognized as the universal standard for identifying business entities
and corporate hierarchies. Any organization that has a Federal contract or grant must have a
DUNS Number.
4. The business office location of the entity receiving the award under the award including the
city, state, congressional district, and country.
s. The primary location of performance under the award including the city, state, congressional
district, and country.
6. The names and total compensation of the five highest-paid officers of an entity if, in the
preceding fiscal year, that entity received: 80% or more of its annual gross revenues in Federal
awards, $25,000,000 or more in annual gross revenues from Federal awards, and the public
does not already have access to data on executive compensation through reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934, or section 6104 of the Internal
Revenue Code of 1986 .
Page 7
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
July 7, 2014 9 a iii Intergovernmental Agreement to Accept
Grant Funds for Hosanna
Initiated By: Staff Source:
Department of Parks and Recreation Jerrell Black, Parks and Recreation Director
Joe Sack, Recreation Services Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council Goal: A City that provides diverse cultural, recreational and entertainment opportunities.
Council previously approved Ordinance No. 63 , Series of 2013 approving an intergovernmental agreement
between the City of Englewood and the Arapahoe County School District No. 1. The Ordinance
consolidated previous shared service and joint activity intergovernmental agreements between the two
parties; modifying agreements concerning Hosanna Field and authorizing applications for grants .
RECOMMENDED ACTION
• Staff recommends that council approve an ordinance for an intergovernmental agreement {IGA) with
Arapahoe County for the transfer and use of open space grant funds in the amount of $250,000 for the
Hosanna Synthetic Turf Field.
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BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The synthetic turf field will provide sports practice and physical education space for students at the
Englewood School campus. In addition, the turf field will provide Englewood Parks & Recreation a year-
round space for recreational programs and also provide both Englewood youth sports associations a new
game and practice field . The synthetic field will be lined for multiple sports events in order to
accommodate football, soccer, lacrosse and band practices. When the field is not scheduled for use it will
be open for drop-in public use . The project will be an integral part of the community by connecting the
new Englewood 7 -12 Campus to the surrounding community and providing access to additional field
space for the public.
Per Ordinance No. 63, Series of 2013, Englewood Schools and the City of Englewood will share in the
development of a synthetic field at the 7 -12 Campus. City Council authorizes the City Manager or
designee to apply for grants to help fund the construction of the new field. The School District will fund
any additional costs beyond the grant amounts received by the City. The School District will maintain the
field and will assume all costs related to maintenance. The City will schedule all activities on the site.
Englewood Schools will continue to have first priority on usage . The City will receive second priority
regarding usage. All revenues received from rental of the site will be deposited in a capital replacement
fund account. This fund will be used strictly for replacement of the turf at the end of its life span .
The Arapahoe County Open Space grant for the Hosanna Synthetic Turf field was awarded to the City on •
June 27th, 2014.
FINANCIAL IMPACT
Arapahoe County Open Space Grant
Cash Match (Englewood Schools)
Project Sub-total
Contingency
Total Project Cost
LIST OF ATTACHMENTS
Bill for an Ordinance
$250,000
$407,000
$657,000
$65,700
$722,700
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER _____ _
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ACCEPTING A 2014 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: HOSANNA SYNTHETIC TURF FIELD, BETWEEN ARAPAHOE COUNTY
AND THE CITY OF ENGLEWOOD.
WHEREAS, the Englewood City Council authorized an Intergovernmental Agreement
between the City of Englewood and Arapahoe County School District No. 1 in order to
consolidate previous shared service and joint activity intergovernmental agreements between the
two parties; modifying agreements concerning Hosanna Filed and authorizing applications for
grants with the passage of Ordinance No. 63, 2013; and
WHEREAS, Ordinance No. 63, Series of2013 stated that Englewood Schools and the City of
Englewood will share in the development of a synthetic field at the 7 -12 Campus, and
authorized the City Manager or designee to apply for grants to help fund the construction of the
new field; and
WHEREAS, Ordinance No. 63, Series of 2013, also stated that the School District will fund
any additional costs and will assume all costs related to maintenance; and
WHEREAS, Ordinance No. 63, Series of 2013 the City will schedule all activities on the site
and Englewood Schools will continue to have first priority on usage with the City having second
priority regarding usage; and
WHEREAS, the synthetic turf field project will be an integral part of the community by
connecting the new Englewood 7-12 Campus to the surrounding community and providing
access to additional field space for the public; and
WHEREAS, the synthetic turf field will provide sports practice and physical education space
for students at the Englewood School Campus; and
WHEREAS, the turf field will provide Englewood Parks and Recreation a year-round space
for recreational programs and also provide both Englewood youth sports associations a new
game and practice field; and
WHEREAS, the City of Englewood Parks and Recreation Department applied for Arapahoe
County Open Space Grant funding for the 2014 Hosanna Synthetic Turf Grant and has been
approved for funding in the amount of $250,000; and
WHEREAS , there are no federal funds being used for the 2014 Grant of Arapahoe County
Open Space Program Funds Project Name: Hosanna Synthetic Turf Field.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the 2014 Grant of Arapahoe County Open Space Program Funds Project Name:
Hosanna Synthetic Turf Field, attached hereto as Attachment 1.
Section 2 . No funds shall be paid from the Grant until the City Manager confirms that the
work has been completed pursuant to specifications and all taxes and fees have been paid.
Section 3. The Mayor and City Clerk are hereby authorized to sign and attest said
Agreements for and on behalf of the City of Englewood, Colorado .
Introduced, read in full , and passed on first reading on the 7th day of July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
July, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Randy P. Penn, 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 July, 2014 .
Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT REGARDING
2014 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: HOSANNA SYNTHETIC TURF FIELD
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This Intergovernmental Agreement ("Agreement"), is made and entered into by and 1
between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE, STATE OF COLORADO, (the "County") and THE CITY OF
ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the
"Grantee") (collectively, "Parties" and individually a "Party").
WHEREAS, on November 4, 2003, and on November 1, 2011, 'the voters of Arapahoe
County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open
Space Fund and used for specified open space purposes as set forth in County Resolution No.
030381, as amended by Resolution No. 110637 (Open Space Resolution); and
WHEREAS, the Open Space Resolution authorizes the County to award discretionary
grants from its Open Space Fund to municipalities and special districts, as more fully set forth
therein; and
WHEREAS, on May 27, 2014 the County approved the Grantee's Grant Proposal for the
Project ("Grant Project"), which is attached hereto and incorporated by reference herein as
Exhibit A, subject to the execution of an intergovernmental agreement and subject to the terms
and conditions contained herein; and
WHEREAS, this intergovernmental agreement is authorized by Article XIV, Section 18
of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203.
NOW, THEREFORE, the County and the Grantee agree as follows:
1. Amount of Grant. The County hereby awards Grantee an amount not to exceed
$250,000 ("Grant Funds") for the Grant Project from the Arapahoe County Open
Space Fund.
2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for
the Grant Project, as described in Exhibit A.
3. Disbursement of Grant Funds Grant Funds shall be transferred within 45 days of
the execution of this Agreement. The required method used by the County for
transfer of the Grant Funds is by ACH Authorization. ACH Authorization form
must be submitted with the IGA for execution. Grantee agrees to this method.
4. Time for Use of Grant Funds. The Grantee agrees that the Grant Project will be
completed and the Grant Funds will be expended by no later than two years from
the date of this fully executed IGA, unless a longer period of time is otherwise
agreed to by the County in writing. The Grantee understands and agrees that if
the Grant Project cannot be completed by the end of the agreed upon time period
the County may require that the Grant Funds be refunded to the County Open
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Space Grant Fund, be re-distributed to another agency and/or be used for another
viable and timely grant project.
5. Interest on Grant Funds. The Grantee further agrees that, after receipt of the
Grant Funds, the Grantee will use any interest earned on the Grant Funds only for
the Grant Project as set forth in Exhibit A.
6. Administration of Grant Project. The Grantee shall be responsible for the direct
supervision and administration of the Grant Project. The County shall not be
liable or responsible for any cost overruns on the Grant Project. Nor shall the
County have any duty or obligation to provide any additional funding for the
Grant Project if the Grant Project cannot be completed with the Grant Funds
awarded by the County to the Grantee. Grantee also agrees to comply with all
local, state and federal requirements while completing the Project unless
specifically waived.
7. Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the
Grantee agrees to allow the County to make site visits before, during, at the
completion of and/or after the Grant Project.
8. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge
the County as a contributor to the Grant Project in all publications, news releases
and other publicity issued by the Grantee related to the Grant Project and agrees
to allow the County to do the same. If any events are planned in regard to the
Grant Project, the County shall be acknowledged as a contributor in the invitation
to such events. Grantee shall cooperate with the County in preparing public
information pieces, providing photos of the Grant Project from time to time, and
providing access to the Grant Project for publicity purposes.
9. Required Sign at Project Site. The County agrees to purchase a standard sign for
each grant project. Grantee agrees to pay the sign cost to the County for each
grant project. Grantee agrees to erect and permanently maintain at least one sign
in a publicly visible area in recognition of the Grant from the Arapahoe County
Open Space Program. If the Grantee wishes to use their own sign and design, the
Grantee must submit the sign location, design, and wording to the County Grant
Administrator for approval prior to manufacture and/or installation of such sign.
Such sign shall be erected prior to the completion of the Grant Project or its
public opening, whichever is earlier.
10. Report Requirements. On or before January 31st and June 30th annually, the
Grantee agrees to provide the County with Grant Project Status Reports that
conform to the format provided by the County. Each Grant Project Status Report
shall include supporting financial documentation as requested in the form
provided. Upon completion of the Grant Project, the Grantee also agrees to submit
to the County a Final Report that conforms to the format provided by the County;
a final spreadsheet comparing the original budget to actual expenses that certifies
what the Grant Funds have been used for and that the Grant Funds have been used
in accordance with the Open Space Resolution; and GIS data with location and
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11.
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boundaries of the Grant Project. The Final Report shall also include supporting
financial documentation as requested in the County report form and high
resolution photographs of the progress and finished results of the Grant Project.
The Grantee further agrees to provide the County with digital copies of said
photographs, delivered as separate high resolution jpeg images. The Final Report
shall be submitted within three (3) months of Grant Project completion unless a
longer period of time has been agreed to by the County in writing. The County
shall be allowed to use information and images from these reports in publications ,
public information updates , and on the County's web site.
Failure to Submit Required Reports. Upon written notice from the County's Open
Space Grants Administrator, informing the Grantee that it has failed to submit any
required status report and/or final report, the Grantee shall submit such reports to
the County through the County 's Open Space Grants Administrator within thirty
(30) days , and, if it fails to do so , the Grantee shall be deemed to be in violation
this Agreement purs uant to Paragraph 15, below.
Record Keeping Requirements . The Grantee shall maintain a complete set of
books and records documenting its use of the Grant Funds and its supervision and
administration of the Grant Project. The County or any of its duly authorized
representatives shall have reasonable access to any books , documents , papers , and
records of the Grantee which are pertinent to the Grant Project for the purpose of
making an audit, examination, or excerpts. The Grantee shall keep all books,
documents , papers, and records , which are pertinent to the Grant Project, for a
minimum of three years . Grantee agrees to report to the County any unexpended
Grant Funds and consult with the County concerning proper accounting for
unexpended Grant Funds prior to completion of the Grant Project final report.
13. Changes to Grant Project. The Grantee agrees and understands that its Grant
Project, once it has been approved by the County, may not be changed without the
County 's prior approval. Proposed changes must be formally requested using the
applicable Grant Project Form provided by the County. Changes may not begin
until the County has issued an approval, which may also require the execution of
an amendment to this Agreement.
14. Maintenance . Grantee agrees to assume responsibility for continuous long-term
maintenance and public safety of open space lands , trails , recreation facilities ,
amenities, signage or other projects funded by the Grant Funds.
15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands
and agrees that if any portion of the Grant Funds are not used in accordance with
its approved Grant Proposal and/or this Agreement, the County may require the
Grantee to reimburse the County in the amount of such Grant Funds that are not
used for the Grant Project or that are not used in accordance with this Agreement.
Failure to comply with the terms of this Agreement shall result in default and the
Grantee shall be ineligible for any future Grant Funds until the violation is
remedied or such other time period as determined by the County.
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16. Remedies. The rights and remedies of the County as set forth in this Agreement
shall not be exclusive and are in addition to any other rights or remedies provided
by law.
17. No Waiver of Rights. A waiver by either Party to this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by either Party.
18. Relationship of the Parties. The Grantee shall perform all duties and obligations
under this Agreement as an independent contractor and shall not be deemed by
virtue of this Agreement to have entered into any partnership, joint venture,
employer/employee, or other relationship with the County.
19. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any third party , including, but not limited
to, any agents or contractors of the Grantee.
20. Severabilitv. Should any one or more provisions of this Agreement be
determined to be illegal or unenforceable, all other provisions nevertheless shall
remain effective ; provided, however, the Parties shall forthwith enter into good
faith negotiations and proceed with due diligence to draft a provision that will
achieve the original intent of the Parties hereunder .
21. Written Amendment Required. This Agreement may be amended, modified, or
changed, in whole or in part, only by written agreement duly authorized and
executed by the County and the Grantee.
22. Venue. Venue for the trial of any action arising out of any dispute hereunder shall
be in Arapahoe County District Court, pursuant to the appropriate rules of civil
procedure.
23. Notices. Notices , as referred to in this Agreement, shall be sent to:
COUNTY: Board of County Commissioners of Arapahoe County
5334 South Prince Street
Littleton, Colorado 80120-113 6
and
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80120-1136
and
Arapahoe County Open Space Grants Administrator
6934 S Lima St, Unit A
Centennial , Colorado 80112
and
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GRANTEE:
City of Englewood
1155 W. Oxford Avenue
Englewood, CO 80110
24. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken together will
constitute one and the same agreement.
26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any
exhibits, applications, resolutions, or other documents referenced in this
Agreement shall be incorporated by reference into this Agreement for all
purposes .
27. Section Headings. The headings for any section of this Agreement are only for the
convenience and reference of the Parties and are not intended in any way to
define, limit or describe the scope or intent of this Agreement.
28.
29.
Assignment. The rights, or any parts thereof, granted to the Parties herein may be
assigned only with the prior written consent of the non-assigning party .
Extent of Agreement. This Agreement constitutes the entire agreement of the
Parties hereto. The Parties agree that there have been no representations made
regarding the subject matter hereof other than those, if any, contained herein, that
this Agreement constitutes the entire agreement of the Parties with respect to the
subject matter hereof, and further agree that the various promises and covenants
contained herein are mutually agreed upon and are in consideration of one
another.
30. Signatures. The signatories to this Agreement represent that they are fully
authorized to execute this Agreement and bind their respective entities.
IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as
of the date set forth below.
DATEDthis ____ dayof ________ ,2014.
ATTEST: GRANTEE:
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By: ------------Name -Randy P. Penn
Title -Mayor
ATTEST:
By: ___________ _
Name -Loucrishia A. Ellis
Title -City Clerk
By: ---------------Name
Title
COUNTY OF ARAPAHOE
STATE OF COLORADO
By: ______________ _
Shannon Carter, Director, Intergovernmental
Relations and Open Spaces
Pursuant to Resolution No. 130152
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2014 Standard Grant
Grant Proposal
Arapahoe County Open Spaces
City of Englewood
Parks and Recreation Department
Hosanna Synthetic Turf Field
Exhibit A
tR1tg@B~@
FEB D 6 201~
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TABLE OF CONTENTS
Hosanna Synthetic Turf Field
Part A-Basic Project Information
Part B -Project Details
Part C -Maps, Plans, Drawings
Part D -Photos
Part E -Timeline
Part F -Resolution and Letters of Commitment
Part G -Budget
Standard Grant Application
Page 2 of 32
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PART A -Basic Project Information -Standard Grants
Applicant I Project Profile
Name of Applicant (city, town or district) : City of Englewood
Name of Project (five words or less, please) : Hosanna Synthetic Turf Field
Contact Information
Primary Contact Name: Dave Lee Phone (work): 303-762-2687
Phone (cell): 303-884-7808
Title : Open Space Manager E-mail: dlee@englewoodgov.org
Address
(street address, city, state, zip code for mail delivery): 1155 W. Oxford Ave. Englewood, CO 80110
Project Type: ( 0 check box to the left)
Trail
x Site Improvement /Construction
Acquisition
Environmental or Cultural Education/Interpretation
Other (please describe):
Project Site Location Information
Project Site Address : 3800 South Logan St. Enalewood, CO 80113
Nearest major cross streets: Hampden Ave f US 285) & Loaan St
City: Englewood I or Unincorporated Arapahoe County
If any part of site is outside Arapahoe County, please justify proposed use of funds outside County:
In three words , summarize the benefits of this project to your city, town or district: play, fitness, athletics
Name(s) of jurisdiction(s) governing the project site: Arapahoe County School District 1 (Englewood Schools)
Zoning description at project site: R-1-C
, Is re-zoninQ reciuired to implement this project? No
Name of landowner(s) of project site or trail corridor: Englewood Schools
Has a site plan for this project location been annroved? Yes When? November 5, 2012.
If not. is a site plan pending? Expected date to be adopted?
Summarv Project Description
In one sentence tell us what you will do with the grant money and what the end result will be:
Englewood Schools, in partnership with the City of Englewood, will construct a synthetic turf field for use
by the students and citizens.
In 150 words or less, write a press/news release about your project (project name, location, agency, goal for the
project/end result, who will benefit, why it is important, etc.):
Hosanna Synthetic Turf Field, 3800 S. Logan St. Englewood, CO 80113, City of Englewood The synthetic
turf field will provide sports practice and physical education space for students at the Englewood School
campus. In addition, the turf field will provide Englewood Parks & Recreation a year-round space for
recreation programs in soccer and lacrosse and also provide both Englewood youth sports associations a
new game and practice field. The synthetic field will be lined for multiple sports events in order to
accommodate football, soccer, lacrosse and band practices. When the field is not scheduled for use it will
be open for drop-in public use. The project will be an integral part of the community by connecting the new
Englewood High School to the surrounding community and providing access to additional field space for
the public.
Project Financial Summary:
1. Grant Request
2. Cash Match Funds
(same numbers as budget page-round all figures to nearest $100)
+
$ 250,000 total requested from County
$ 407,000 applicant cash match must be minimum of 25%
of the grant amount requested (25% of line 1) or
Standard Grant Application
Page 3 of 32
50% of the municipal shareback, whichever is less
3. Other Cash Sources + $ 0 funding from other sources
4. In-kind contributions + $ 0 total value of in-kind contributions
5. Project sub-total = $ 657,000 total of lines 1, 2, 3 and 4
6. Contingency + $ 65,700 estimate, may not be charged to County and may
not be used as cash match
7. TOTAL PROJECT COST = $ 722,700 Total must equal lines 5 and 6 above
Line 7 (above) must equal all expenses plus contingency and must be the same as the$ figure on the detailed
budget page included later in the grant application. Please double check that all figures are the same on this page
and on the budget attachment.
Project Partners (list contributing partners -cash or in-kind; itemize in the budget; attach letter(s) with Part F
Funding / In-kind Partners Contact Information: (Name, Phone, E-mail)
Brian Ewert 303-806-2010
Englewood Schools brian_ewert@enQlewood.k12.co.us
Authorized Agent and Signature
I, Jerrell Black , hereby affirm that I am the authorized agent for the City of Englewood applying
for the grant as described herein, and that I am legally authorized on behalf of said entity to apply for, as its agent,
this Arapahoe County Open Space Grant and that I have received and agree to abide by the grant guidelines,
policies and procedures.
Signature & Title Qf Authorized Agent:
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Standard Grant Application
Page 4 of 32
Date:
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PART B ~Project Details
Describe project goal and extent/scope and expected results (what will project provide, size, square or lineal feet,
number of plants or square feet of landscaping, irrigation, acres re-vegetated or restored, etc.):
Our goal is to provide a quality synthetic turf field that will provide sports practice and physical education
space for students at the Englewood School campus. Previously, the field has been a space that was
generally unfit for use as it was uneven, hazardous, poorly drained and would cause sprained ankles and
risk for other injuries. We would like to transform a basically unusable natural grass field Into a widely used
space for students and the community at large. The new field will have overall dimensions of 165 feet by 380
feet and markings for soccer, football, marching band and lacrosse.
Discuss how the site is currently managed and programmed, and the impacts of multiple uses:
This field is currently being used as construction staging because the School District Is currently in the
process of constructing a new high school and junior high school. In the past, the field was used only for
football practice in extreme cases when no other site was available. Even then, depending on conditions,
only certain parts of the field would be usable at any one time. No other programming has occurred on the
field.
Describe the service area for this project (distance people can expect to travel to use improvements):
The primary service area for the field project is approximately seven mile radius and will serve the
Englewood community with Englewood Schools having first priority for use followed by Englewood Parks
and Recreation programs including youth sports associations. The secondary service area is approximately
a twenty-five mile radius and will serve additional user groups. We will rent the field for practice and games.
Rental fees collected will go towards the future synthetic turf reDlacement cost.
Describe the type of users (families, children, seniors, etc.):
Scheduled physical education classes, athletic practice and games for both Englewood Schools and the
Parks and Recreation Department will be the primary use of the field. These users will be primarily youth
ages 5 through 18 as well as adults ages 19 through 35. When the field Is not scheduled it will remain open
for drop-in use for the community. Drop-in use will include football, soccer, lacrosse and other field sports.
Discuss steps you will take to minimize impacts to the environment:
The field site is currently being utilized as a construction storage site during the construction of the new
Englewood High School. Currently, silt fencing, sod and waddles are in place to minimize sediment and
runoff into storm drains.
Summarize your planning efforts to date and investments made prior to submitting a grant proposal. Quantify and
describe any past funding commitments or grant used to pre-plan this project:
In 2011, the Englewood School District was successful in passing a bond that has allowed the Schools to
construct a 7-12 grade campus. In November 2013, the campus reached the midpoint in the construction
process. The athletic turf field project has been a part of the Englewood Schools master plan from the start
of the design of the new campus. Design and preliminary work such as access, parking, and basic
infrastructure that surrounds the proposed synthetic turf field has been completed for a total investment of
$202,650. This was funded within the original bond project design and paid by the Englewood School
District.
On November 18, 2013, Englewood City Council and Englewood Schools signed an Intergovernmental
Agreement in support of this project as well as determining the priority usage, maintenance and
sustainability of the synthetic turf field.
Describe efforts made, dates and outcomes of required pre-submittal meetings with the planning department in your
jurisdiction:
Englewood Schools Construction Management Team participated in several Design Review Team meetings
with City officials in the first part of 2012 to discuss the overall campus project as well as the so called
"Lehigh extension" that provides improved access and parking at the proposed site of the new synthetic
turf field. Moreover, the District conducted Design Advisory Group (DAG) meetings every other week in
January through May of 2012 to discuss the project. The DAG was attended by all stakeholders including
community members as well as city officials including the mayor of Englewood, City Council members and
Englewood Parks and Recreation officials. Finally, the Superintendent of Schools participated in a number
of community outreach events regarding the high school project, including visits to City Council. While the
entire construction project was the topic at these meetings, parking and access near the practice field and
stadium were significant discussion points .
Standard Grant Application
Page 5 of 32
Describe how the project will be designed , constructed and managed for sustainability:
The synthetic field was designed by MOA Architecture and will be constructed by Saunders Construction. •
Both companies are currently working on the construction of the new high school project. Saunders will
utilize Academy Sports Turf as their sub-contractor for the installation of the synthetic turf. The School
District is paying the upfront costs for design and architectural work. The synthetic turf field Is being
constructed for sustainability reasons . There will be no need for mowing, Irrigation, fertilizer and other
cultural practices, thus the field will be more sustainable by reducing the need for maintenance practices.
The synthetic field has greater sustainability because it can be more heavily scheduled and utilized than a
natural turf field. It is anticipated that the field will last an estimated 15 years. After construction, the School
District will cover any maintenance costs, such as raking and adding crumb rubber. The School District will
also cover the cost to replace the field when the time arises. A fund will be created using rental fees that will
ao towards turf replacement.
Discuss contingency plans . On the budget page include a contingency line item in both the revenue section and
expense section (both assigned to the applicant).
The contingency budget for the synthetic turf field is $65,700. Contingency funds will be used for any
unforeseen items or issues which arise during project construction.
Describe how the project improves connectivity to local or regional trails , natural resources and/or community
resources :
The synthetic turf field project will be an added amenity to a destination and resource for athletics and open
space for the entire community. The Hosanna Athletic Complex will provide practice and game space for
baseball, softball, soccer, football, lacrosse and band activities. Participants can gain access to the site by
using the City's neighborhood bicycle routes. The City's nei ghborhood bicycle routes were laid out in a
pattern designed to connect to all of the active City parks and schools. The Hosanna Athletic Complex is
connected into this system through a neighborhood bicycle feeder route that connects Little Dry Creek
trail/on-street trail connections (E26 Kenyon Ave, E9 Clarkson St, local route -Sherman St.).
For All Pro'ects: (the followin uestions are to be answered for all project pes)
Discuss the need and urgency for this project, and why it is a priority: •
Title IX of the Educational Amendments Act of 1972 is a federal law prohibiting sex discrimination in
educational institutions related to students' services, including athletics and recreational services.
In order to satisfy Title IX requirements, a girls' softball field was constructed on an athletic field that was
most recently used for soccer, football and lacrosse. This resulted in the loss of a multi-use field that was
programmed by the School District and the City of Englewood. The Englewood School campus will now be
hosting three schools, resulting in a greater need for an athletic field for physical education, marching band
practice, sports practice and drop-in use by the community. Currently, there is Insufficient space for youth
sports and soccer in the community and for the Schools' sports teams to practice. The demand far
outweighs the availability of space for kids to have these opportunities. Additionally, natural grass fields
can only handle so much use, while synthetic turf can be used much more frequently.
Describe any historic values within the site -historic trails , buildings , landscapes , etc .:
The synthetic turf field site is on School District property. The site has been used for Englewood High
School for 50 years. There are no historic values for the property.
Identify the native ecosystems , in general , underlying the project site (e .g. short grass prairie , wetlands, etc .): Do
any portions of the native systems remain intact? If so , are they be ing preserved or restored?
The area of the proposed synthetic turf field has not had any native ecosystems during the past 50 years. In
the past, the site has been used as an irrigated bluegrass practice field for high school sports and
community use.
Describe specific natural resources including scenic and water resources . List predom inant wildlife species and
vegetation on site. Discuss impacts , positive and negative, to these resources to result from your project. Highlight
any species on state or federal lists. (For birds please group species -i.e. songbirds, raptors , etc .):
There are minimal natural resources associated with the site. The site is currently being used as a
construction storage lot as the new junior-senior high school is being constructed. Once school
construction has been completed, the storage area will revert back to a practice field . Before the
construction, the site was an irrigated natural turf practice field. The area surrounding the field has large
Standard Grant Application
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cottonwood, ash and elm trees along with an expansive area of irrigated bluegrass used for athletic events.
Animal species that frequent the area are songbirds, raccoons, foxes, coyotes and Canada geese. Animal
species mainly access the area through the nearby Little Dry Creek riparian corridor just to the north of the
field site. There are no known animal species from state or federal lists. The impacts from the construction
of a synthetic turf field are minimal. A small reduction in area for animal forage is expected and there
should be no impact toward precipitation runoff as the field will have subsurface drainage.
Estimate the number of end-users monthly that will benefit from this project:
The Synthetic Turf Field will have an immediate impact within our community. The School use alone during
the academic year (9 months) will provide an average estimated 12,000 users per month from physical
education classes and athletics. The Parks and Recreation Department will also schedule a variety of Youth
Sports Associations and field rental groups that will Increase weekend and evening use at an estimated
2000 users per month. Groups Include Englewood Soccer Association, Englewood Youth Sports
Association -Football and Colorado Coed -Adult Soccer rental group. Community drop-in use will also
add an estimated 500 users per month.
January -4,000
February -4000
March -9,000
April -15,000
May-20,000
June-7,000
July-7,000
August-15,000
September -20,000
October -18,000
November -15,000
December -4,000
Total number end-users annually -138,000
Describe how this project addresses specific objectives of County Open Space Resolution #030381/#110637:
The Hosanna Synthetic Turf Field project specifically addresses the following objective of the County Open
Space Resolution #030381/#110637.
• Provide, maintain and improve neighborhood parks, open space, sports fields, picnic facilities, and biking,
walking and multi-use trails;
The development of a synthetic turf field fills the fundamental basic need of providing park and open space.
This project will replace a field that was lost due to other construction and will redevelop a space that is
basically unusable in its current condition. The turf field will be an upgraded space that will allow year
round access. The field will benefit the Schools by providing additional field space for physical education
and athletics but will also serve the community by allowing the youth sport associations access to improved
field space as well as provide improved recreational space for neighbors, families and the community.
List the elements of the Arapahoe County Open Space Master Plan that apply to this project:
The Open Space Master Plan provides a 100-year vision, 25-year master plan and 5-year action plan for
implementing the purpose and goals of the program. The vision states that the County will be forward
thinking, understand and embrace the open space, park and trail needs of current residents, and define a
harmonious relationship between people and nature in the County for future generations. The vision for the
Program is summarized as: Healthy Lands, Healthy Communities, and Healthy People.
The Hosanna Synthetic Turf Field project aligns with the mission of the Arapahoe County Open Space Plan.
• Acquire, conserve and protect open space -Shareback Funds will be used in this project.
• Build county open space parks and trails -With the completion of this project It will refurbish an
unusable space and create a permanent athletic field space that will be available year round as well as
provide field space for an underserved neighborhood of residents in Arapahoe County.
• Cooperative partnership work -Partnerships between ACOS, Englewood School District, City of
Englewood, Englewood Soccer Association, Englewood Youth Sports Association and neighbors have
bound together with the goal of providing a needed space that will be utilized by residents as well as
surrounding communities.
• Leverage funding for open space, parks and trails -This Hosanna Synthetic Turf Field project will
leverage a number of funding sources including ACOS Grant Funds, Shareback Funds and Englewood
Schools Funds.
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Discuss the community benefits and enhancement to quality of life to result from the completion of this project (both
for the immediate community and the wider public in the surrounding region):
This synthetic field will provide more space for the annual district-wide field day event. There will be 900 •
students In three schools on the same campus, necessitating more space for PE and sports. It is also a
beautification project on the property as it enhances the entrance to the school and to the stadium venue. It
creates additional outdoor space for those looking for a park-like atmosphere in the commons area. During
lunch and breaks, students will be able to walk and enjoy the open space. In addition, the immediate
community will have access to the field for drop in play during times when the field isn't scheduled. This
field will help create much needed open space in a section of the City where there Isn't much open space
available. Currently, there is a new apartment home complex being constructed and a large apartment
complex that is being refurbished just blocks away from this site.
Describe relationship of the project to any local, regional, state or system wide master plan . Give the name of each
plan and list related element(s) within the plan -DO NOT attach any plan beyond a one-page rendering :
The new synthetic turf field fills a void left when the School District was required to build a new softball field
on the site of an existing athletic field at the Hosanna Athletic Field Complex located adjacent to the
proposed synthetic turf field. The construction of the new field will allow the School District, youth sports
associations, adult sports teams and community members to have a surface even better that the one
surrendered to the girls' high school softball program. The field fits within the master plan of the
construction of the new Englewood Junior High and High School campus.
The Englewood Parks and Recreation Master Plan was approved in 2006 and funded In part by Conservation
Trust Funds. The Master Plan was then adopted by ordinance into the City of Englewood Comprehensive
Plan. It is important to note that at the time (2005/2006) of the Master Planning process, it was unknown that
the Englewood School District would be required to build a softball field causing the reduction in athletic
field space. With the completion of this project Englewood would still have a deficit of two athletic fields as
noted on page 3-29 of the Master Plan based upon our current population.
Describe the steps taken to date to make this project ready for implementation, and how, if funded your agency will
complete the project within one to two years after the receipt of funds:
The City understands the shovel ready requirements of the ACOS grant process. City Council and
Englewood Schools have committed to completing the project within months of the ACOS grant award. As •
our timeline indicates, in 2014, the City and Schools will immediately begin the construction process. Final
design has been completed and construction documents have been finalized. The project design and
architecture plans will be paid for by the School District with bond funds. The field fits within the master
plan of the construction of the new Englewood Junior High and High School campus.
Describe the process you will use to choose consultants and/or contractors who will be paid during this project:
Saunders Construction and MOA Architecture are currently conducting a design/build for the new junior
high-high school project on site. In order to control costs, the School District will be using the same
design/build team to construct the synthetic turf field. Englewood Schools had developed a solid
relationship with Saunders Construction and MOA Architecture and to maintain continuity of the project, a
change order has been implemented for design and construction of the synthetic turf field.
List any permits that will need to be obtained for implementation of the project and existing status of obtaining those
permits. (Clean Water, Federal 404, County Planning or Public Works, City Planning or Public Works). On the
budget page, itemize expected costs for permits, government fees and consultants:
The synthetic field project is being constructed by Englewood Schools. They are under the jurisdiction of
the State of Colorado. An overall building permit from the State Department of Fire Safety will be required
along with permits from the State Department of Regulatory Agencies (DORA) for any electrical or plumbing
work. The Department of Fire Safety permit will be pulled by the design/builder, while individual sub-
contractors will be required to pull the DORA permits for their portions of the project. All permits were
submitted and paid by Englewood Schools as the school campus project began.
Does the present zoning of the site permit the suggested use? If not, what changes will need to be accomplished?
What is the timeline to accomplish any required changes?
Current zoning for the area is R-1-C. The site is on school property and is designated as School
Facility/Field/Playground. The present zoning for the site allows for the suggested use as a recreational
athletic field.
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Discuss any efforts to obtain public input , disseminate public information, develop partnerships for cash funding or
in-kind contributions, and garner community support specifically related to this project:
The project is a partnership between the City of Englewood, Englewood School District and youth sports
organizations. Public input was sought and received formally and informally by phone, email and at the
eight community meetings held to discuss the Englewood School campus construction project. The School
District is committed to paying the difference between the grant funds and the remainder of the project.
Describe ownership or legal access to the site , including right of access without trespassing on adjacent property . If
the agency does not have fee simple ownership of the site, attach letter with Part F below , from property owner(s)
granting access and support for this project:
The entire campus site and public right of way is owned by Englewood Schools. There is paved street
access that leads directly to the synthetic field and public parking for the facility.
Describe long-term maintenance of project I site . Attach with Part F below , a letter of commitment or evidence of
agreement from the management/maintenance agency addressing long-term maintenance I funding for completed
project:
Englewood Schools Department of Operations and Maintenance will be responsible for the overall
maintenance of the site and facility. The department is staffed by a full time grounds keeper. The nature of
the project is such that the site will actually require less day to day maintenance than in its current
condition. The addition of synthetic turf will drastically reduce the need for irrigation and eliminate the need
for mowing, fertilizer and vegetation control. Daily clean-up of the site will be the responsibility of the user
of the site with both the Englewood High School custodial staff and the operations and maintenance staff as
back up.
Describe how this project addresses inclusivity per the Americans with Disabilities Act guidelines :
The synthetic turf field will be constructed using the 2010 ADA Standards for Accessible Design. The
following elements have incorporated into the design throughout the complex and comply with a fully
accessible ADA park.
• Remove all barriers to access
• Provide an accessible route of travel and accessible route of travel to the play equipment
The development will provide the following park amenities: an athletic field accessible by exterior sidewalks,
and concrete sidewalk all ADA compliant. The field, parking and walkways are all designed to be ADA
accessible. This project is located on school property; therefore, during school events ADA restrooms will
also be available.
If successful in obtaining this grant , how will the agency use this project to inform citizens about the value of the
Arapahoe County Open Space sale tax? Address public outreach plan , signage plan , celebration, etc .
Temporary signage announcing the construction project will be installed on site. The signage will identify all
funding partners for the project and list the project timeline. Permanent signage identifying ACOS support
and funding will be installed at the main entrance to the park once the project has been completed.
Information will also be added to the City of Englewood's web site identifying the project and funding
sources during and following construction. The Englewood Herald will run information and a news story
related to the project as construction commences and before the ribbon cutting ceremony . Social media
such as Facebook and Twitter will be used to provide project updates, recognize accomplishments and
promote funding partners.
A ribbon cutting celebration will be scheduled at the completion of this project as a way to recognize the
partnerships, funding agents, citizens, county and local dignitaries that assisted with this project.
Standard Grant Application
Page 9 of 32
Driving Directions from Arapahoe County
• Open Space Office :
Take Lima St. north to Arapahoe Rd . and turn left on to
•
und Arapahoe Rd . Continue west to the 1-25
j and make a right hand turn on to north-bound 1-25
C e north to the US 285 Hampden Avenue exit,
and make a left turn onto west bound Hampden Avenue .
Continue west to Clarkson Street and make a left turn on to
sou th-bound C !arkson St. Continue south to the Lehigh
Ave . entrance to Englewood High School on your right.
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PART D -Photos
Standard Grant Application
Page 13 of 32
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100 CAMPUS TURF FIELD &
School District De-cem:>e~ 5, 2013 Scalo : i · =-40'-0'
•
Hosanna Practice Field (current conditions)
•
• Task
Grant Notification
Site Demolition
Earthwork
Site Utilities
Retaining Wall
Field Underdrains
Site Concrete
Turf Sub-Grade
Landscape and Irrigation
Synthetic Turf • Nett ing
Fencin g
Ribbo n Cutting/Grand Opening
Estimated TOT AL Hours and/or
Final Date of Completion
•
PART E -Project Timeline
Estimated Hours
and/or Responsible
Date to Complete Person/Group
June 2014 ACOS
June 6, 2014 Saunders
Construction
June 13, 2014 Saunders
Construction
June 20 ,2014 Saunders
Construction
June 27 , 2014 Saunders
Construction
June 27, 2014 Academy
Sports Turf
July 14 , 2014 Saunders
Construction
July 14 , 2014 Academy
Sports Turf
July 21 , 2014 Saunders
Construction
August 4 , 2014 Academy
Sports Turf
August 11 , 20 14 Saunders
Construction
August 18 , 2014 Saunders
Construction
September 2014 Englewood
August 18 , 2014
Standard Grant Application
Page 16 of 32
Measurable Objective/Deliverable
Award Grant Funding
Demolition or removal of existing
infrastructure
Site excavation
Water and electrical
Retaining wall construction
Field dra inage system installation
Concrete construction work
Sub-grade preparation and
installation
Installation of irrigation and
landscaping
Synthetic turf installation
Install netting behind goals
Install fencing around field
Opening Ceremony and
Recognition
'--~~~~~~~~P-A~R_T_F_-~L-ett_e_r_s_o_f_c_o_m~m-it_m_e_n_t_a_n_d_s_u_p_p_o_rt~~~~~~~~__.1 .
1. Resolution
2 . City of Englewood Letter of Commitment
3 . Englewood Schools Letter of Commitment
4. Englewood Schools -Brian Ewert, School Superintendent
5 . Englewood Board of Education -Duane Tucker, President
6 . Englewood Youth Sports Assoc . -Debbie Penn , Member At Large, Community Liaison
7 . Englewood High School Band -Tyler Hastings , Student
8. Haley Ebert -8th Grade Student
Standard Grant Application
Page 17 of 32
•
•
•
•
•
ORDlNAi\lCE NO. ~ /J
SERIESOF2013 -
BY AUTHORJTY
COUNCll. Bil.L NO. 59
INTRODUCED BY COUNCD..
MEMBER GILUT
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETIVEEN
THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY SCHOOL DISTRICT NO . 1
CONSOLIDATING PREVIOUS Sl-L.\RED SERVICE AND JOINT ACTCVITY
INTERGOVERNMENTAL AGREEMENTS BETWEEN THE TWO PARTIES; MODIFYL\l'G
AGREEMENTS CONCERNING HOSANNA FIELD A'N'D AtrrllORIZTKG APPLICATIONS
FOR GRANTS .
WHEREAS, shared service and joint activity intergo\'enunental agreements have been
identified betweeu the: Englewood Parks and Recreation Department and the Englewood School
District; and
WHEREAS, many of the agreements shall remain in place and do not need to be modified;
and
'\VHEREAS, Ordinance No . l, Series of 1998/1999 pertaining to the City hosting the
Englewood Schools Website has terminated because Englewood Schools now have their own
website; and
\VHEREAS, an Intergovernmental Agreement dated July 15, 1974 pertaining to tennis and
handball courts is tenninatcd because the handball couns now belong to the School District and
the termis courts were removed and replaced with an inline hockey rink; and
WHEREAS, Ordinance No. 41, Series of 1984 pertaining to Maddox Elementary Use space
for Nature Center has terminated because the Nature Center no longer exists; and
WHEREAS. Ordinance No . 6, Series of 1984 pertaining to the Englewood High School
Swimming Pool Use has tenninatcd because the EHS swinuning pool has been tom do\\11 as pan
of the new 7-12 Campus Project; and
WHEREAS, a Joint Responsibility Letter regarding Englewood High School Tennis Courts
has temtinated because the EHS tennis courts have been tom down as part of the new 7-12
Campus Project; and
\VHEREAS, Ordinance No. 17, Series of 1983 and Ordinance No. 12, Series of 1987,
concerning the Hosanna Complex need to be modified so as to reflect the current agreement
between the parties; and
WHEREAS, the parties wish to share in the development of a synthetic field at the 7-12
Campus and desire to set forth their understanding in that regard .
l
9 b ii
NOW, THEREFORE, BE IT ORD.'1J.'\l"ED BY THE CITY COUNCll. OF THE CITY OF
ENGLEWOOD, COLOR.A.DO, THAT:
Section l . The following Agreements shall remain :
Ordinance No . 57, Series of 2012-New 7-12 Campus Projects for Bldg. Use Tax
• The following project;) were identified and ha ve been completed asp.in of the
sales ta:< rebate : Altemate 2 (includes $24,000 for intersection impro\'ements);
Parking along Lehigh (not less than 40 spaces); Mansfield Parking (not less
1han 29 spaces); Traffic Signal lmproYements at Logan/Mansfield.
Ordinance No . 38, Series of 2005 -Intine Hockey, Joint Respons ibility of
Rink/Basketball Court at Sinclair ~IS (AltcmaliYe High School}
Ordinance No . 37, S~ries of2011 -Community Gardens at ChMles Hay /Clayton
Ordinance No . 36, Series of! 99S -Cla:,.1on Elementnry .-\.thkric Field
Ordin:mce No . 14, Series of 2013 -CFAHS ·'Gyms Use of Gymnasiums b;-City IGA
Ord inance No . 66 , Series of 2011 ·Flat 14ers Project to keep kid:; healthy/active IGA
All Schools Memorandum of Understanding Distribut ion of Program Flyers .
Section 2 . The follow i ng Agreements shall be terminated:
Ordinance No. 1, Series of 1998 '1999-City to Host School Website
lntergovenunental Agreement dated July 15, 1974 -Tennis & Handball Courts
Ordinance No. 41, Series of 19S4-Maddox Elementary Use space for Nature Center
Ordinance No . 56, Series of 1999-Flood Middle School Beautification Project
Ordinance No . 6, Series of 1984 -Englewood High School Swinuning Pool Use
Joint Responsibility Letter-Englewood High School Tennis Courts .
Section 3. The follow ing Agreements shall be modified as follows :
Ordinance No . 1 7, Series of 1983 -Hosanna Complex Detention Pond Intergovernmental;
Agreement and Ordinance No. 12, Series of 1987-Hosanna Complex Detention Pond;
Intergovernmental Agreemem Shared Maintenance Adjustment shall be modified as
follows :
• School District and City will share the annual maintenance costs at a 50 ;'50
split less any revenues received from the rental of the site (Athletic Fields,
Baseball field and Softball Field).
2
•
•
•
•
•
•
• All scheduling of the complex will continue to be administered by the City.
• Englewood Schools will continue to have first priority on usage. The City
will receive second priority regarding usage. After City use, the City will
rent the facilities out to the public to hdp offset the total maintenance cost.
(Revenues generated from rentals will be deducted from the total
maintenance: cost before the maintenance expenditures arc split between
both parties).
• The School District will be responsible for school acti\ity functions (lining
fields, field set up, restrooms, access, etc .). The City will be responsible for
City and rental activities (field set up, restrooms, access, etc .).
• Englewood Schools will maintain and be responsible for all above ground
facilities at the Hosanna Athletic Complex. These are items such as:
buildings, fencing, dugouts, bleachers, goals, etc.
• Parks and Recreation will maintain and be responsible for all below ground
facilities at the Hosanna Athletic Complex. This i5 10 include: mowing,
aeration, fertilization, irrigation. pesticide application, tree maintenance,
infield and wanung track amendments and maintenance and all ball
field/athletic field maintenance (sod, infield edges, mounds, warning track,
bases and anchors).
• Each organization shall be responsible for the activities and functions which
they schedule on the fields. This includes field lining, restrooms, access,
trash disposal, etc. During the remainder of the year, Parks staff will empty
trash receptacles when there are no functions scheduled.
• Supplies for the restrooms will be supplied by the Schools (TP, paper towels,
soap). Snow removal will be completed by Parks staff throughout the
complex, up to but not including the stairs on the southern portion of the
complex.
• It ii also agreed upon that Parks staff and School staff will conduct a
monthly meeting in order to further communication on the scheduling of
events at the complex, field striping and any other maincenance related
issues that arise. Monthly meetings will occur between February and
September on a mutually agreed upon day and time for the season.
Section 4. Englewood Schools and the City of Englewood will share in the development of a
synthetic field at the 7 -12 Campus.
• City Council authorizes the City Manager or designce to apply for grants to
help fund the construction of the new field.
• The School District will fund any additional costs beyond the grant amounts
received by the City.
• The School District will maintain the field and will assume all costs related
to maintenance.
• The City will schedule all activities on the site. Englewood Schools will
continue to have first priority on usage. The City will receive second
priority regarding usage.
• A.II re\·enues recei\'ed from rental of the site will be deposited in a capital
rep1acemem fund account . This fund will be used strictly for replacement of
the turf at the end of its life span .
3
Section S. The Agreement Between the City of Englewood and the Arapahoe County School
District No. l is attached hereto as Exhibit A.
Introduced, read in full, and passed on first reading on the 4th day of November, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of
No\'ember, 2013.
Published as a Bill for an Ordinance on the City's official website begiMing on the 6th day of
November, 2013 for thirty (30) days .
Read by title and passed on final reading on the 18th day ofNo\·cmbcr, 2013.
Published by title in thi:: City's official newspaper as Ordinance No. ~3. Series of 2013, on
the 22"d day of November, 2013.
Published by title on the City's official website beginning on the 20111 day of
November, 20 I 3 for thirty (30) days .
l, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the
above and foregoing is; Ji!C copy of rhe Ordinance passed on final reading and published by
title as Ordinance No . ~Series of2013.
4
•
•
•
•
•
•
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. l
This agreement, entererl into this /f ..ti'liay olJH~'}-20 ~by and between the City
of Englewood, a Colorado Home Rule Municipality (herein called "City"} and the Englewood
School District.
WHEREAS, shared services and joint acti\itics have been identified between the Englewood
Parks and Recreation Department and the Englewood School District.
Section l. The following Agreements shall remain in place:
Ordinance No. 57, Series of 2012-New 7·12 Campus Projects for Bldg. Use Tax
• The following projects were identified and have been completed as part of the
sales tax rebate: Alternate 2 {includes $24,000 for intersection improvements);
Parking along Lehigh (not less than 40 spaces); Mansfield Parking (not less
than 29 spaces); Traffic Signal Improvements at Logan/Mansfield.
Ordinance No. 38, Series of 2005-Inline Hockey, Joint Responsibility of
Rink/Basketball Court at Sinclair MS (Alternative High School)
Ordinance No. 37, Series of 2011 -Community Gardens at Charles Hay/Clayton
Ordinance No. 36, Series of 1998 -Clayton Elementary Athletic Field
Ordinance No . 14, Series of 2013 -CF AHS/Gyms Use of Gymnasiums by City IGA
Ordinance No. 66, Series of2011· Flat 14crs Project to keep kids healthy/active IGA
All Schools Memorandum of Understanding Distribution of Program Flyers
Section 2. The following Agreements shall be tenninatcd:
Ordinance No. l, Series of 1998/1999-Cityto Host School Website
Intergovernmental Agreement dated July ts. 1974-Tennis & Handball Courts
Ordinance No. 41, Series of 1984-Maddox Elementary Use space for Nature Center
Ordinance No. 56, Series of 1999 -Flood Middle School Beautification Project
Ordinance No. 6, Series of 1984 -Englewood High School Swimming Pool Use
Joint Responsibility Letter -Englewood High School Tennis Courts
Secuon 3. Ordinance !'\o. Ii, Series of 198 3 -· HosaM:l Complex Detention Pond
lntergo\ emmemal Agreement and Ordinance No . 12, Series oft 987 -Hosanna Complex
Detention Pond lntergo\'emmental :\grel!tnent Shared Maimenancl': Adjustment shall be modified
as follows :
• School District and City will share the annual maintenance costs at a SO . 50
split less an:; fl~\ enues rec eh ed from the rent:il of the site (Athletic Fields ,
Baseball Field and Softball Field).
• Alt >chedulmg of the cornple~ \\ill continue to be adntinistered by the City.
• Englewood Schools will continue rn h:ive first priority on usage . The City
\'ill recei\ e second priorit} regarding u:ia£e. After Cit; U:ie. the City\\ ill
rem the f'acil111es out to the public 10 help off>et 1he total maimennnce cost.
(Re\enues generated from remal:i \\HI be dedu.:ted from the 101al
m:unten:mce cost before the ma1menance exp-:nd11ure;; ;ire spltt bem een
ooth parnes).
• The School Dimict will be responsibk for sc:hool a.:ti\ ity functions (lining
fields . tield set up, restrooms. access . etc .). The City\\ ill be responsible for
Cit)' and rental a.:ti\·mes (field set up, restrooms, access, etc.).
• Englewood Schools\\ ill maintain ond be responsible for all above ground
facilities at the Hosanna Athletic Complex. These are items such as:
buildings, fencing, dugouts, bleachers, goats, etc .
• Parks and Recreation will maintain and be responsible for all below ground
facilities at the Hosanna Athletic Comple:t. This is to include : mowing,
aeration, fertilization, irrigation, pesticide application, 1ree maintenance,
infield and warning track amendments and maintenance and all ball
fieldlathletic field maintenance (sod, infidd edges, mounds, warning track,
bases and anchors).
• Each organization shall be responsible for the activities and functions which
they schedule on the fields. This includes field lining. restrooms, access.
trash disposal, etc. During the remninder of the year. Parks staff will empty
trash receptacl~ when there are no functions scheduled.
• Supplies for the restrooms will be supplied by the Schools (TP, paper towels.
sonp}. Snow rcmo\'nl \\itl be completed by Parks staff throughout the
complex, up to but not including the stairs on the southern portion of the
complex.
• lt is aho agreed upon that Parks staff and School staff will conduct a
monthly meeting in order to funher conununkation on the scheduling of
e\ ems at the comph~x. field striping and any ether maintenance related
issues that arise Momhly meetings will occur between February and
September on a mutually agreed upon day and time for the season.
•
•
•
•
•
•
Section 4. Englewood Schools and the City of Englewood will share in the development of a
synthetic field at the 7 -12 Campus.
• City Council authorizes the City Manager or designee to apply for grants to
help fund the construction of the new field.
• The School District will fund any additional costs beyond the grant amounts
received by the City.
• The School District will maintain the field and will assume all costs related
to maintenance .
• The City will schedule all 11ctivities on the site. Englewood Schools will
continue to have first priority on usage. The City will receive second priority
regarding usage.
All revenues received from rental of the site will be deposited in a capital
replacement fund account This fund wilJ be used strictly for replacement of
the turf at the end of its I ife span.
rN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above .
CITYOFf>-~
\ l ..--.. ,--. ----
RlCT
l
Englewood Schools
A Relentless Focus On Learning
Arapahoe County Open Spaces
6934 South Lima Street, Suite A
Centennial, CO 80112
Dear ACOS Board:
BRIAN K. EWERT
Superintendent of Schools
December 8, 2013
I would like to thank you for your consideration of Englewood Schools and the
City of Englewood for a $250,000 open spaces grant that will assist us in building
a new, synthetic turf practice field for our students and a space for the City and
citizens of Englewood to use outside of school hours.
This field will fill a tremendous gap for our students and community as we
recently transformed some of our multi-use practice space into a girls' softball
field. In addition, it will improve the look and utility of a piece of land that has
mostly been barren and unusable for quite some time.
Because of the importance of this field to our students and the community, the
school district will provide any remaining funding necessary to transform the
space that the grant will not cover, including all pre-design and architectural
plans. In addition, the district will provide all necessary funds and/or labor for
ongoing maintenance, including eventual replacement of the turf after such time
has passed that it requires replacing.
Thank you again for your consideration as Englewood Schools and the City of
Englewood further our partnership to better serve the youth and adults of this
community.
Sincerely,
Brian Ewert
Superintendent
Englewood Schools
Roscoe L. Davidson Administration Building • 4101 S. Bannock St. • Englewood, CO 80110 • Phone: 303-761-7050
•
•
•
Englewood Schools
A Relentless Focus On Learning
November 27, 2013
Duane Tucker
4101 S. Ba1mock St.
Englewood, CO 80110
November 25, 2013
Arapahoe County Open Spaces
6934 South Lima Street, Suite A
Centennial, CO 80112
Dear ACOS Board:
Brion Ewert
Supe1inlendent
On behalf of the Englewood Schools Board of Education, I would like to voice my
support for a grant that would help the school district transform an unusable piece of land
into a multi-use practice field for the schools and the community. This is by far the best
• use this piece of land could provide.
•
Having use of another quality practice field would ease the burden on our sports teams in
finding practice space. We recently used the space on one of our fields to create a girls'
softball facility. We are happy to offer a home field for our girls' softball, but changing
the composition of the space eliminated many of the other uses the field previously
provided.
Our footbal I teams, marching band, lacrosse teams, soccer teams and PE classes would
make great use of a high-quality, synthetic turf field available for their use. In addition, it
would restore our facilities to the same amount of space we previously offered for
community use before the addition of the softball field.
Thank you for your consideration of Englewood Schools for this grant.
7l}k
Duane Tucker
President, Board of Education
Englewood Schools
Brion K. Ewert • Superintendent of Schools
Roscoe l. Davidson Administration Building • 4101 S. Bannock St . • Englewood. CO 80110 • Phone: 303-761-7050 • Fox 303-806-2064
£ nglewOOtL Youi1ttSportl-AHQdat:'W111
www.engtewoodysa.com
November 19, 2013
Arapahoe County
Open Space, Parks and Trails
10730 E Briarwood Ave, Suite 100
Centennial, CO 80112
Dear Board Members,
Thfs letter is written on behalf of Englewood Youth Sports Association (EYSA), I am writing this
letter to support a grant a pp If cation for a turf field in conjunction with Englewood Parks and
Reaeatlon and Englewood Schools.
EYSA fs non-profit, all volunteer organization that serves the youth of Englewood by providing
competitive sports for boys and girls, second through eighth grade.
We support this request as we are continually Jookln1 for space to meet the needs of our youth
athletes. Our organization Js very fortunate to have a cooperative, working partnership with
Englewood Parks and the Englewood School District. Both of these groups provide our
•
organization with practice and playing flefds for all our sporting events. They have the difficult •
task of scheduling both practice and same venues for a variety of groups which includes EYSA.
The process in Itself requires a dedicated effort on behalf of all the orpnizations to get
adequate fleld availability In order to service everyone's needs. The demands for fields are very
difficult to meet when youth and adult organizations as well as the schools are vying for the
same fields. The addition of a turf field would certainly ease some of the problems we
encounter, especially with Inclement weather. When the weather prevents us from using the
grass fields we only have one field to meet everyone's needs. An additional turf field would
provide us with another option to fulfill the obligations of field availability. Turf facilities also
reduce maintenance costs and help conserve water which Is a real need in today's
environment.
Having an additional playing field would certainly extend the athletic opportunities for children
in our city. As a community we want to be able to offer as many programs as possible and this
request would assist us Jn achieving that goal. Thank you for your consideration of our request.
Sincerely, d1 ,. IA 1~. :. ~
Debbie Penn, ~
Member at Large-Community Ualson
Englewood Youth Sports Association •
•
November 25, 2013
To Whom It May Concern :
Englewood High School Bands
Englewood Leadership Academy Bands
Phil Emery, Director
3800 S. Logan Street
Englewood, Colorado 80113
(303) 806-2231
philip_emery@englewood.kl2.co.us
As an Englewood High School student involved in multiple activities that use our current
turf field , I see obtaining grant money for a new synthetic turf to be an item of inunense
worth. I am involved in marching band, as well as soccer and lacrosse. Since all three of
those activities and others often use the field at the same time, there is incessantly a space
conflict.
With the addition of a new field, various sports and activities can all have usage of a turf
field without having to stress over being in the way of someone else . Sports could run
practices that utilize the full field width and teams could still practice with another having
a game.
• Once we have EMS, EHS, and ELA on campus, P .E. classes could each use a separate
turf and not have conflicts with each other. Now. on the other side of utilization is the
fact that our current turf is fairly run-down. Over the years since it has been installed, a
notable amount of wear and tear has naturally befallen it. There are patches throughout it
where it is mashed down to the point that it is nearly wom through.
•
With a new field and renovated stadium, we could hold sporting events, band
competitions, and anything of the like on a brand new field to match our beautiful new
school. Having these activities here would mean more money for said activities, meaning
they would not have to obtain so much using other means. I think a new field would pay
for itself in no time both monetarily and academically.
Thanks you, !~~
Tyler Hastings
Englewood High School
"Believe in the Blue"
a• Englewood Schools
A Relentless Focus On Learning
January 17, 2014
Arapahoe County Open Space
6934 South Lima St., Suite A
Centennial, CO 80112
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Roscoe L. Davidson Administration Building • 4101 S. Bannock St. • Englewood, CO 80110 • Phone : 303-761-7050
•
•
•
-
_L(1:__~filci __ bt~e. mnrLJfme to ___ ------··-
(2Ll\_cl~0.t-_ _ru_rl __ J)JD~lli~-~roc±?. t~ ...... ______ -··-
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ffit_ -~l:d __ 'Qd:k;C ~()~ :b ~h bO \
.(\6. __ GJl . _e:fu \rJ:a _____ .. ____ .... .. .. . ... .. .. . . . ........ .
anna Synthetic Turf Field
Date
>ace June 2014
June 2014
June 2014
•oject) June 2014
s June 2014
itures Projected Date
Fees Jun -Aug 14
1trols Jun -Aug 14
June 2014
Jun -Aug 14
June 2014
Jun -Aug 14
June 2014
July 2014
August 2014
August 2014
July 2014
August 2014
:>n July 2014
June 2014
Jun-Aug14
Jun-Aug14
~ing install upon
completion
PART G -Budget
Name of City I District __ C_ity_o_f .... E.._ng_l .... ew ......... 00....,d.___ __
County Grant Request Cash Match
$250,000 n/a
n/a $25,000
$382,000
-not from County grant -$65,700
$ 250,000 $472,700
From County Grant Cash Match
$250,000
minimum $400 required
budget expense line item
Standard Grant Application
Page 31 of 32
$18,300
$4,400
$4,900
$500
$85,500
$1,900
$12,300
$15,200
$107,800
$18,800
$38,000
$8 ,000
$57,000
$18 ,600
$1,500
$13,900
$400
In-Kind Match Total Project Funds
n/a $250,000
$25,000
$382,000
$ other cash/in-kind
$65 ,700
$ Other match $722,700
In-Kind Match Total Project Costs
$18,300
$4,400
$4,900
$500
$85,500
$1 ,900
$12,300
$15,200
$357,800
$18,800
$38,000
$8 ,000
$57,000
$18,600
$1 ,500
$13 ,900
$ 400 required budget
expense
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Costs $250,000 $407,000 $657,000
~ -not charged to County -$65,700 $65 ,700
ency $250,000 $472,700 $ total in-kind $722,700
IGHT COLUMN JMust equal grant request+ cash match+ in-kind match(= subtotal)+ contingency} $722.700 ,...--· ...
•
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Standard Grant Application
Page 32 of 32
ARAPAHOE COUNTY, COLORADO
AUTHORIZATION AGREEMENT
FOR AUTOMATIC DEPOSITS (ACH CREDITS)
I (we) hereby authorize Arapahoe County Government to initiate credit entries,
and if necessary, reverse any incorrect ACH credit entries made in error to our
bank account indicated below.
ENTITY NAME: -------------------
FEDERAL E.l.N. __________________ _
ADDRESS:
STREET ____________________ ~
CITY, STATE, ZIP __________________ _
DEPOSITORY NAME _________________ _
ADDRESS:
STREET --------------------------
CITY, STATE, ZIP __________________ _
DEPOSITORY TRANSIT NUMBER ----------------
DEPOSITORY ACCOUNT NUMBER ----------------
CHECKING D SAVINGSO
This agreement is to remain in full force and effect until Arapahoe County Government has
received written notification from the ENTITY of its termination in such time and manner to afford
Arapahoe County Government and DEPOSITORY a reasonable opportunity to act on it. It is the
responsibility of ENTITY to fill out a new agreement if the ENTITY changes banks or accounts.
Date _____ Phone _______ Email address ________ _
Authorized Signature
---------------------~
Title
--------------------------~
Authorized Signature
---------------------~
Title
--------------------------~
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
July 7, 2014 9 a iv Red Rocks Community College Affiliation Agreement to
Permit Clinical Training
Initiated By: Staff Source:
Fire Department Andrew Marsh, Fire Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This is a renewal of an agreement that has been in place since 2011 . City Council has approved this
agreement by ordinance in the past.
RECOMMENDED ACTION
Staff seeks City Council approval o f an affiliation agreement with Red Rocks Community College to allow
the Fire Department to provide clinical training to students of the College.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• Red Rocks Community College (RRCC) provides training in emergency medical services, including a degree
program in the field. As a part of that training, students are required to complete clinical experience
supervised by a preceptor. The RRCC Dean of Instruction and the Assistant Professor of EMS selected our
Fire Department as a clinical rotation site due to the volume of calls and the expertise of our preceptors.
FINANCIAL IMPACT
None. The clinical training is provided by on-duty Fire Department personnel.
LIST OF ATTACHMENTS
Bill for an Ordinance
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ORDlNANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 40
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDlNANCE AUTHORIZlNG THE lNTERGOVERNMENTAL AGREEMENT ENTITLED
"AFFILIATION AGREEMENT TO PERMIT CLINICAL TRAINING-ENGLEWOOD FIRE
DEPARTMENT" BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Englewood City Council approved an affiliation agreement with Red Rocks
Community College allowing the Englewood Fire Department to provide clinical training to Red
Rocks Community College students with the passage of Ordinance No. 15, Series of 2011; and
WHEREAS, Red Rocks Community College provides training and a degree in emergency medical
services; and
WHEREAS, as part of that training, students are required to complete clinical experience,
supervised by a preceptor; and
WHEREAS, the Dean of Red Rocks Community College and the Assistant Professor of EMS
approached the Englewood Fire Department requesting that their students be permitted to work with
the Fire Department to gain some of that clinical experience due to the volume of calls and the
expertise of the preceptors of the Englewood Fire Department;
NOW, THEREFORE, BE IT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the IGA
entitled "Affiliation Agreement to Permit Clinical Training-Englewood Fire Department" between
the State of Colorado and the City of Englewood, Colorado, as attached hereto as Exhibit A.
Section 2 . The Mayor is authorized to execute 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 July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
July, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Randy P. Penn, 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 July, 2014.
Loucrishia A. Ellis
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Contract# CA140225
(.OMMlfNITY COi i fl.i i
AFFILIATION AGREEMENT TO PERMIT CLINICAL TRAINING
Englewood Fire Dcpnrtmcnt
TffiS AFFILIATION AGREEMENT by and between the State of Colorado, Department
of Higher Education, by the State Board for Community Colleges and Occupational Education for
the use and benefit of RED ROCKS COMMUNITY COLLEGE, located at 13300 West Sixth
Avenue, Lakewood , CO 80228-1255 (hereinafter referred to as "RRCC"), and Englewood Fire
Department, located at 361 S S Elati Street, Englewood, CO 80110 (hereinafter referred to as the
"I nsti tu ti on").
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS the Institution has the facilities to provide the necessary learning experiences
desired,
WHEREAS the parties concur that it is to their mutual advantage and benefit that students
enrolled at RRCC utilize the Institution during their Clinical experiences; and,
• WHEREAS students and faculty of RRCC provide a source of stimulus and an example of
•
excellent patient care,
WITNESSETH, that the Parties above-named, in consideration of the mutual promises contained
herein and other good and valuable consideration, hereby agree as follows:
THE CLINICAL SITE SHALL BE: Englewood Fire Department
TERMS AND CONDITIONS
I. Definitions. The following definitions apply.
a. "Clinical" means a program of study as part of a RRCC course or degree
requirement, conducted in cooperation with the Institution, whereby Clinical
Students under the supervision of a preceptor receive experience and instruction in a
professional setting.
b. "Preceptor" means that person employed or retained by either RRCC or the
Institution to supervise the clinical experience.
c. "Clinical Student" means a person enrollaj at RRCC who is to complete the
Clinical. A clinical student includes, but is not limited to students enrolled in a
Health Careers, Emergency Medical Services or Fire Science program such as
Advanced Emergency Medical Technician, Diagnostic Medical Sonography,
I! x
H
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B
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T
A
2.
3.
Emergency Medical Technician, Medical Assisting, Nursing, Phlebotomy,
Physician Assistant, and Radiologic Technology.
Purpose.
a. As part of RRCC educational requirements or as required for the award of a degree
or certificate in a particular area of study, students must complete a Clinical
experience supervised by a preceptor.
b. The lnstitution has facilities and professional staff appropriate for this Clinical.
c. By entering into this Agreement, the parties hereto do not intend that any of the
RRCC staff or any Clinical Student is to be an employee of the Institution's for any
purpose, except that to the extent that the activities perfonned hereunder are subject
to the provisions of the Healthcare Insurance Portability and Accountability Act of
1996 ("HIPAA"), the Clinical Student shall be deemed a member of the Institution's
workforce at all times while performing the Clinical duties and activities. RRCC
staff and Clinical Students shall not act as the Institution's agents or representatives
in any capacity, and shall not make any commitments on behalf of the Institution.
The Parties hereto are not partners, agents nor principals of one another. ·
Term. This contract takes effect on the date signed by the College President. It shall
renew annually for a maximum of three (3) consecutive years unless either Party gives
written notice to the other Party ninety (90) days prior to the renewal date. This contract
may be terminated at any time by mutual consent of the parties hereto in writing, and
signed by the authorized representative of each Party. In the event that a notice to
terminate is given by either Party, this Agreement shall continue in full force and effect
so as to permit the completion of all Clinicals that began prior to the Contract End Date,
and with respect to such Clinicals, all terms and conditions of this Agreement shall
apply until the last such Clinical is completed.
4. RRCC Obligations.
a. RRCC acknowledges its sole responsibility for the planning and execution of the
educational program through its program personnel and community faculty.
b. RRCC shall be responsible for academic administration, curriculum content and
programming, Clinical Student recruitment, admission, promotion and graduation,
maintenance of all Clinical records and reports, and final detennination of all grades
to be awarded to Clinical Students for Clinical participation.
c. RRCC shall ensure that all Clinical Students have completed all applicable
prerequisite courses and any other requirements necessary prior to Clinical
placement.
d. RRCC hereby agrees to apprise Clinical Students of the confidential nature of client
information.
e. RRCC will require Clinical Students to comply with rules and regulations of the
lnstitution while present within the Institution;
f. RRCC will assure that each Clinical Student and faculty member will maintain
appropriate current immunizations and evidence of the absence of tuberculosis;
Rev . 10/16/2013 Page 2 of7
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g. RRCC will engage in cooperative planning with appropriate Institution personnel
for the selection and assignment of student Clinical learning experiences;
h. RRCC will infonn Clinical Students of their responsibility to provide any
transportation, meals, and lodging related to the Clinical rotation.
i. RRCC will assure that Clinical Students will be responsible for their own medical
care while within the Institution, although the Institution may be asked to render
emergency care in appropriate and extraordinary circumstances;
j. RRCC recognizes the authority of the Institution to refuse the use of its facilities to
any Clinical Student who does not meet the standards of the Institution;
5. The Institution's Obligations.
a. The Institution will provide for the orientation of Clinical Students at the Institution,
and will make available to them all of the Institution's pertinent policies, rules and
regu la ti ons;
b. The Institution will allow access to the facilities of the Institution for the clinical
training of Clinical Students, including the participation of the Clinical Students in
the delivery of medical services under the supervision of assigned preceptors;
c. The Institution shall have sole authority and control over all aspects of client
services, including those activities wherein Clinical Students may be exposed to or
interrelate with clients .
d. The Institution shall, in consultation with appropriate RRCC faculty and the
Preceptor, designate those clients to whom Clinical Students may be exposed for
their Clinical experience. The Institution shall determine the dates of Clinical
assignments for specific duties related to the Clinical rotations.
e. The Institution, in its discretion, may at any time exclude from participation
hereunder any Clinical whose performance is detennined to be detrimental to the
Institution's clients, who fails to comply with proper channels of communication or
the Institution's established policies and procedures, or whose performance is
otherwise unsatisfactory.
f. The Institution will render emergency care to Clinical Students in appropriate and
extraordinary circumstances, including the use of CDC -consistent guidelines after
exposure to blood or bodily fluids .
6. Both Parties agree that:
a. they will cooperate in the coordination of Clinical Students placement at the
Institution;
b. they will notify one another of any issues involving the safety of patients, staff,
Clinical Students, or faculty ;
c. they will inform one another of changes in personnel, curriculum or the availability
of learning opportunities at the earliest possible time;
Rev. 10/16/2013 Page 3 of7
d. upon its request, the Institution shall enjoy representation on the curriculum
committee and advisory board of the program;
e. any preceptors who are employed by the Institution shall be given "Clinical
Instructor" appointments within RRCC, but shall not receive financial compensation
or workers' compensation coverage from RRCC as the result of their service;
7. Liability and Insurance; Governmental Immunity.
a. RRCC, as an entity of the State of Colorado, is entitled to certain immunities under
Colorado law, including the Colorado Governmental Immunity Act, C.R.S. §§ 24-
10-101, et seq., and is self-insured as more fully set forth in Risk Management laws,
C.R.S. §§ 24-30-150 I, et seq. The parties agree that such insurance shall satisfy all
insurance requirements of this Agreement except as otherwise specified herein.
b. The Colorado Constitution prohibits the State of Colorado and RED ROCKS
COMMUNITY COLLEGE from agreeing to indemnify any other party, public or
private. In addition, the Colorado Governmental Immunity Act limits the tort
liability of public entities and their employees and authorized volunteers acting in
the course of authorized governmental undertakings. Any provision of this
Agreement, whether or not incorporated herein by reference, shall be controlled,
limited and otherwise so modified by statute. Parties to this Agreement should seek
liability protection through their own insurance or otherwise.
c. Workers' Compensation insurance coverage for Clinical Students participating
under this Agreement shall be provided by RRCC.
d. Clinical Student liability insurance shall be provided by RRCC in the amount of
$1,000,000 each incident or occurrence and $3,000,000 in the aggregate.
8. HIPAA Compliance.
a. The parties agree that to the extent required under the provisions of the Health
Insurance Portability and Accountability Act (HIPAA) of 1996 as that act may be
amended from time to time, and regulations promulgated hereunder, RRCC and
Institution hereby assure they will appropriately safeguard protected health
information (PHI) made available to or obtained pursuant to this Agreement.
Without limiting obligations otherwise set forth in this Agreement or imposed by
applicable law, the parties agree to comply with applicable requirements of law
relating to PHI and shall:
Rev. 10/16/2013
• Not use or further disclose PHI other than as permitted or required by this
Agreement or as required by law;
• Use appropriate safeguards to prevent use or disclosure of PHI other than
as provided for by this Agreement;
• Report to both parties of this agreement, any use or disclosures of PHI not
provided for by this Agreement of which s/he becomes aware;
• Ensure that any subcontractors or agents to whom RRCC or Institution
provides PHI agree to the same restrictions and conditions that apply to
them with respect to PHI;
• Make available PHI in accordance with applicable law;
• Make available to the Secretary of the United States Health & Human
Services, RRCC or Institution's internal practices, books, and records
Page 4 of7
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relating to the use and disclosure of PHI received pursuant to this
Agreement for purposes of detennining compliance with applicable law;
• Provide infonnation required to make an accounting of disclosures
pursuant to applicable law;
• At the termination of this Agreement, return or destroy all PHI in any
form received pursuant to this Agreement and retain no copies of the said
PHI; and
• This Agreement may be amended from time to time, if and to the extent
required by the provisions of HIPAA and the regulations promulgated
there under, so that this Agreement is consistent therewith.
9. Termination. This Agreement may be terminated as follows:
10.
11.
12.
13.
14.
a. For Convenience. Either Party may terminate this Agreement for any reason by
providing ninety (90) days written notice to the other Party of its intention to
tenninate, provided that Clinical Students shall be permitted to complete Clinicals
that began prior to the termination notice.
b. For Default. A Party will be considered in default of its obligations under this
Agreement if such Party should fail to observe, to comply with, or to perform any
term, condition, or covenant contained in this Contract and such failure continues
for ten ( 10) days after the non-defaulting Party gives the defaulting Party written
notice thereof. In the event of default, the non-defaulting Party, upon written notice
to the defaulting Party, may tenninate this Contract as of the date specified in the
notice, and may seek such other and further relief as may be provided by law. To the
extent reasonable, the Parties shall endeavor in good faith to prevent the early
termination of any ongoing Clinical as a result of the termination of this Agreement
under this section.
No Third Party Beneficiaries. It is expressly understood and agreed that enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement shall be strictly reserved to the parties and nothing contained in this
Agreement shall give or allow any such claim or right of action by any other or third
person. It is the express intention of the parties that any person other than a party to this
Agreement receiving services or benefits under this Agreement shall be deemed to be an
incidental beneficiary only.
Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in the
County of Denver, State of Colorado.
Assignment. No assignment of this Agreement or the rights and obligations hereunder
shall be valid without the prior written approval of the parties.
Waiver. The waiver by either Party of a breach or violation of any provision of this
Agreement shall not operate as or be construed to be a waiver of any subsequent breach
of the same or other provision hereof.
Anti-Discrimination. The parties agree that in the performance of this Agreement,
there will be no discrimination against Clinical Students, employees, or other persons
related to race, color, sex, religion, creed, age, national origin, sexual orientation, or
disability .
Rev. 10/16/2013 Page 5 of7
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any previous contracts, understandings, or agreements of the
parties, whether oral or written, concerning the subject matter of this Agreement.
16 . Amendment. Any amendment to this Agreement must be in writing and must be signed
by the parties.
17. 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.
RRCC:
Clinical Representative
Barbara Eagleman
Clinical Site Coordinator
Red Rocks Community College
13300 W. 61h Ave ., Box 34
Lakewood, CO 80228
303-914-6461
barbara.eagleman@rrcc.edu
Institution Representative:
Stephen Green
Englewood Fire Department
3615 S Elati Street
Englewood, CO 80110
303-762-2476
303-762-2406 Fax
sgreen@englewoodgov.org
Business Services
Lynn Beltran
Coordinator of Purchasing I
Red Rocks Community College
13300 W. 61h Ave., Box 30
Lakewood, CO 80228
303-914-6344
lynn.beltran@rrcc.edu
18. Severability. Jn the event that any provision of this Agreement is held unenforceable
for any reason, the remaining provisions of this Agreement shall remain in full force and
effect.
19. Commencement. This contract shall commence on the date signed by the College
President.
Rev. 10/16/2013 Page 6 of7
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By:
Title :
By:
Title:
•
THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT
* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalhnd
acknowledge that the State is relying on their representations to that effect •
CONTRACTOR STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
State of Colorado, Department of Higher Education, State
Randy Penn Board for Community Colleges and Occupational Education,
for the use and benefit of Red Rocks Community College
Mayor
By: C. Michele Haney, President
*Signature
Date: Date:
2nd Contractor Signature (if needed) LEGAL REVIEW
John W. Suthers, Attorney General
NOT REQUIRED FOR THIS CONTRACT
By:
•signature Signature -Assistant Attorney General
Date: Date:
Rev. 10/1612013 Page 7 of7
• COUNCIL COMMUNICATION
Date Agenda Item Subject
July 7, 2014 9av Intergovernmental Agreement
with Arapahoe County for
Coordinated Election Services
INITIATED BY STAFF SOURCE
Election Commission /City Clerk's Office Frank Gryglewicz, Director of Finance and
Administrative Services
Loucrishia A. Ellis, City Clerk/Election Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County in conducting coordinated elections for
every City of Englewood General Municipal Election since 1993.
RECOMMENDED ACTION
Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe
• County for the November 4, 2014 Coordinated Election.
•
Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters
in 1992, coordinated elections are to be conducted throughout the State by County Clerks. The County
has the capability of coordinating this election and including the City of Englewood.
The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future
elections jointly with the other political entities within the County. In order to participate in the 2014
Coordinated Election, the City of Englewood must enter into an intergovernmental agreement with
Arapahoe County.
Staff has reviewed the proposed intergovernmental agreement and concurs with the Commission's
recommendation.
FINANCIAL IMPACT
Since costs are based on several variables, e.g. the number of registered electors in the City of Englewood
at the time of the election, the number of ballot questions, the number of entities participating in the
election, the financial impact is only an estimate. Based on the known facts, the cost of the 2014 Municipal
Election has been budgeted at $25,000.00.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
•
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 42
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND
THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF
ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON
NOVEMBER 4, 2014.
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections
in order to reduce taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in conducting
coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the
best interest of the taxpayers and the electors to conduct a Coordinated Election on November 4,
2014;and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective
responsibilities for the Coordinated Election pursuant to the Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement for Coordinated Election is attached hereto as
"Exhibit A". The Intergovernmental Agreement for Coordinated Election is hereby accepted and
approved by the Englewood City Council.
Section 2. The Mayor is authorized to sign said Agreement for and on behalf of the City of
Englewood.
Introduced, read in full, and passed on first reading on the 7th day of July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
July, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Randy P. Penn, 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 July, 2014.
Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
FOR GENERAL ELECTION
ARAPAHOE COUNTY
NOVEMBER 4, 2014
(Coordinated Election)
This Intergovernmental Agreement is entered into by and between the Board of County
Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and
Recorder (hereinafter jointly referred to as the "County") and the City of Englewood (hereinafter
referred to as the "Political Subdivision" and/or "jurisdiction").
WHEREAS, pursuant to the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1,
C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in
order to reduce taxpayer expenses; and
WHEREAS, the County and the Political Subdivision have determined that it is in the best
interest of the taxpayers and the electors to conduct a General Election on November 4, 2014; and
WHEREAS, the Colorado Constitution, Article X, Section 20, ("TABOR") requires the
production of a mailed notice ("TABOR Notice") concerning certain ballot issues and/or ballot
questions that will be submitted to the electors of the County and the Political Subdivision; and
WHEREAS, the County and the Political Subdivision have determined that it is in the best
interest of the taxpayers and the electors for the County to print the TABOR Notice for the
November 4, 2014 election; and
WHEREAS, the TABOR Notices of several jurisdictions are to be sent as a package where
jurisdictions overlap; and
WHEREAS, when appropriate there should be county-wide coordination of the production
and mailing of the TABOR Notice package to effectuate the purposes of said constitutional section;
and
WHEREAS, the County and the Political Subdivision desire to set forth their respective
responsibilities for the General Election pursuant to this Intergovernmental Agreement.
NOW, THEREFORE, IT IS AGREED by the County and the Political Subdivision as
follows:
1. Coordinated Election: The November 4, 2014 election shall be conducted as a Coordinated
Election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1,
C.R.S .) ("Coordinated Election" or "Election"). The election participants shall be required to
execute agreements with Arapahoe County for this purpose and may include municipalities,
school districts and special districts within the Arapahoe County limits and the State of
Colorado.
2. Title 1: The November 4, 2014 election shall be conducted by the County pursuant to and in
accordance with Title 1 C.R.S .
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3. Election Officials: The Arapahoe County Clerk and Recorder shall be designated as the
Coordinated Election Official and the Political Subdivision hereby identifies the City Clerk as
its Designated Election Official.
4. County Clerk Duties: The County shall perform the following tasks in relation to the Coordinated
Election, to wit:
a. Negotiate an agreement for the printing of the official ballots.
b. Provide a copy of the ballot layout and the text of the official ballot to the Designated
Election Official for proofreading prior to the authorizing of the printing of all ballots.
c. Provide a copy of the Political Subdivisions' legal boundaries as defined in the
Arapahoe County Street List Locator no later than August 1, 2014.
d. Certify the complete, "as of' number of registered electors within the Arapahoe County
portion of the Political Subdivision no later than October 03, 2014.
e. Deliver a proposed election plan to the Secretary of State no later than 90 days prior to
the Election (August 6, 2014).
f. Provide mail ballots, affidavits, certificates, envelopes, instruction cards, replacement
ballots, and other necessary supplies to eligible voters.
g. Appoint, compensate, instruct and oversee the Board of Canvassers.
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h. Appoint, compensate, instruct and oversee the judges of the Election, including counting
judges. •
i. Publish and post the required legal notice pursuant to C.R.S. §l-7.5-107(2.5)(a)(I) no
later than 20 days before the Election.
J. Publish and post the required legal notice pursuant to C.R.S. § 1-5-205 that is published no
later than 10 days prior to the Election for the jurisdiction's ballot issues, ballot questions
and/or candidates.
k. Provide support on the date of the Election by telephone and in person, should the need
arise, until counting of the ballots is completed.
l. Supervise delivery of ballots to judges, distribution, handling and counting of ballots and
the survey of returns.
m. Provide unofficial results of the Election via www.arapahoevotes.com.
n. Prior to tabulation of voted ballots, provide the participating jurisdiction test ballots of the
jurisdiction's ballot style(s) to allow for testing of electronic vote-counting equipment.
o. Designate and operate Voter Service Polling Centers as required by and in conformance
with Title 1.
p. Establish and maintain mail ballot drop-off locations as required by and in conformance
with Title 1.
q. Maintain a list of names and precinct numbers of eligible electors together with the date
on which the mail ballot was sent and the date on which the mail ballot was returned or
cast.
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r . Maintain a list of actual voters from the Election, and upon request, generate a printed list
of the persons who voted following the Election. The cost will be $.005 (1/2 cent) per
name .
s. Store all voted ballots for a minimum of 25 months after the Election, and all other
materials required by law to be saved, in such a manner that they may be accessed by the
participating jurisdiction, if necessary, to resolve any challenge or other legal questions that
might arise regarding the Election.
t. Keep a careful and accurate accounting of time, supplies, printing costs and salaries
attributable to the County's administration of the Election for the jurisdiction. The
participating jurisdiction's proportional share of actual costs shall be based on County
expenditures relative to the Election.
5. Political Subdivision Duties: The Political Subdivision shall perform the following tasks in
relation to the Coordinated Election, to wit:
a. Certify the candidates, if applicable, and the list of ballot issues and/or ballot questions
on a portable data storage device or by email (with receipt confirmed by the County
Election Department) in Microsoft Word format along with a paper copy no later than
4:00 p .m. on September 5, 2014. The ballot content must be certified in the order in
which it will appear on the ballot. The jurisdiction shall be solely responsible for the
accuracy of the information contained in the certificate. The certified list of candidates,
ballot issues and/or ballot questions shall be final and the County will not be responsible
for making any changes after certification.
b. Within one day of receipt, proofread the layout and the text of the jurisdiction's portion
of the official ballots before authorizing the printing of all ballots .
c. Publish and post any required legal notices for the jurisdiction's candidates, ballot issues
and/or ballot questions, other than the notice required by C.R.S. §§ 1-5-205 and 1-7.5-
107(2 .5)(a)(I) that is published no later than 10 days prior to the election. A copy of such
published legal notice shall be submitted to the County for its records.
d. Prepare , hand-count and deliver to the County Clerk, the required test deck of ballots for
testing the electronic vote counting equipment. Participate in logic and accuracy test,
date to be determined.
e. Remit payment directly to Arapahoe County within 60 days of billing for its prorated
share of ALL COSTS relating to the printing and mailing of ballots and all other
election expenses described in Section 4.
f. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of
Title 1, C .R.S.), and the time guidelines schedule as attached hereto as these relate to the
November 4, 2014 election. The Political Subdivision shall notify the County of any
exception no later than 29 days prior to the Election.
g. The Political Subdivision shall defend and resolve at its sole expense all challenges
relative to the candidates, ballot issues and/or ballot questions as certified to the County
for inclusion in the November 4 , 2014 Coordinated Election.
h. Submit to the County a map identifying the participating jurisdiction's boundaries no
later than July 28, 2014 .
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i. Certify to the County, no later than August 18, 2014, the Political Subdivision's legal
boundaries from the Street List Locator provided to the Political Subdivision on August •
1, 2014.
J. Obtain and deliver a certified copy of the property owners' list for the Political
Subdivision, (if deemed applicable), that has been reviewed against the voter registration
records in the office of the Arapahoe County Clerk and Recorder.
6. TABOR: If the Coordinated Election includes a ballot question and/or issue. governed by
Colorado Constitution, Article X, Section 20, ("TABOR"):
a. The County shall perform the following tasks in relation to the TABOR Notice:
i. Certify the complete number of registered electors and/or household addresses
with one or more active registered voters, within the Arapahoe County portion
of the Political Subdivision no later than October 03, 2014.
11. Determine the "least cost" method for mailing the TABOR Notice package.
Nothing herein shall preclude the County from sending the TABOR Notice or
Notice package to persons other than electors of the Political Subdivision if
such transmittal arises from the County's efforts to mail the TABOR Notice
package at the "least cost."
111. Include the text, and provide a proof as written and in the order submitted, in
accordance with the TABOR requirements for the TABOR Notice.
Coordinate and mail the TABOR Notice package in the time frame as required
by law.
lV. Keep a careful and accurate accounting of time, supplies, printing costs and
salaries attributable to the County's TABOR Notice services for the Political
Subdivision. The Political Subdivision's proportional share of actual costs shall
be based on the County's total expenditures relative to the 2014 TABOR Notice.
b. The Political Subdivision shall perform the following tasks in relation to the TABOR Notice:
i. Publish all required legal notices for the jurisdiction's ballot questions/ballot
issues, other than the notice that is required by C.R.S. § 1-5-205 that is published
no later than 10 days before the election, which covers all pertinent information
required by statute. A copy of such published legal notice shall be submitted to
the County for its records.
11. Comply with the provisions of the Uniform Election Code of 1992 (Articles
1-13 of Title 1, C.R.S.), and the time guidelines schedule, as these relate to
the Election in the Political Subdivision, unless superseded by other legal
authority.
111.
lV.
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Receive petition representative's written summary of comments relating to
ballot issues/ballot questions.
The Political Subdivision shall certify a final and exact text and summary of
comments concerning its ballot issues and/or ballot questions, along with the
required fiscal information to the County, on portable data storage device or
email (with receipt confirmed by the Election Department) in Microsoft
Word and with a paper copy, no later than 4:00 p .m. on September 23, 2014
for inclusion in the TABOR Notice mailing as required by Section 20 of
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Article X of the Colorado Constitution. The process of receiving written
comments relating to ballot issues/ballot questions and summarizing such
comments. as required by Section 20 of Article X of the Colorado
Constitution. is the sole responsibility of the Political Subdivision. The
certified text, summary of comments and fiscal information shall be final and
the County will not be responsible for making any changes after the
certification.
Political Subdivision shall defend and resolve, at its sole expense, all
challenges relative to the TABOR Notices certified to the County for
inclusion in the TABOR Notice package or its November 4, 2014
Coordinated Election.
Remit payment to the County within 60 days of billing for the prorated cost
relating to the printing and mailing of the TABOR Notice package and all
other expenses described in Section 6.
7. Entire Agreement: This IGA constitutes the entire agreement between the Parties as to the
subject matter hereof and supersedes all prior or contemporaneous agreement, proposals,
negotiations, understandings, representations and all other communications both, oral and
written, between the Parties.
8. Sufficient Funds: The Political Subdivision avers that it has sufficient funds available in its
approved budget to pay its prorated expenses for the November 4, 2014 Coordinated Election.
9. Governing Law; Jurisdiction and Venue. Unless otherwise agreed in writing, this
Intergovernmental Agreement and the interpretation thereof shall be governed by the laws of
the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the
District Court in and for the County of Arapahoe, State of Colorado .
10. Severability: Should any provision of this Intergovernmental Agreement be determined by a
court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent
of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be
of full force and effect.
11. Notices: Notices to be provided under this Intergovernmental Agreement shall be given in
writing either by hand delivery or deposit in the United States mail, certified mail, return
receipt requested, with sufficient postage, to the following persons:
Matt Crane DEO Name: Loucrishia A. Ellis
Arapahoe County Clerk and Recorder Title: City Clerk
5334 South Prince St. Address: 1000 Englewood Parkway
Littleton, Colorado 80166-0211 City, St, Zip: Englewood, Colorado 80110
12. Amendment: This Intergovernmental Agreement may not be modified, amended or otherwise
altered unless mutually agreed upon in writing by the parties hereto.
13. Immunities Preserved: It is the intention of the parties that this IGA shall not be construed as
a contractual waiver of any immunities or defenses provided to the County Clerk and his
employees by the Colorado Governmental Immunities Act, C.R.S. §24-10-101. et seq .
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ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Nancy Doty, Chair Date
Matt Crane, Coordinated Election Official Date
JURISDICTION NAME: CITY OF ENGLEWOOD
By: Loucrishia A. Ellis
Title: City Clerk
Date
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I C~ordinating Jurisdiction Calendar for November 4, 2014 General Election
Date Event Reference
17-July Last day for write in candidate to file intent 1-4-1102(1)
Thursday (110 days prior)
... uly Last day to notify county clerk of intent to participate in the General 1-7-116(5)
ay election IGA Agreement
28-July Jurisdiction to provide copy of legal boundaries to County Clerk IGA Agreement
Monday
I-August County Clerk to provide copy of legal boundaries to jurisdiction IGA Agreement
Friday
18-August Jurisdiction to certify legal boundaries to County Clerk IGA Agreement
Monday
26-August Last day to sign IGA 1-7-116(2)
Tuesday
5-September Coordinating jurisdictions to certify ballot content and order ( 60 l-5-203(3)(a)
Friday days prior)
19-September Deadline for filing Tabor pro/con statements with DEO (Friday Art X, Sec. 20(3)(b)(v)
Friday before the 45th day before the election) 1-7-901(4)
20-Sep UOCAVA ballot mailing deadline (45 days prior) 1-8.3-110(1)
Saturday Rule 16
23-September Tabor notices filed with County Clerk (42 days prior) 1-7-904
Tuesday
1-0ct (Subject to Change) Public Test Arapahoe County
Wednesday
3-0ctober Last day to mail Tabor notices Art. X, Sec . 20(3)(b)
Friday
14-0ctober Last day to register to vote via Voter Registration Drives 1-2-201 (3)(b )(I)
Tuesday
.October Ballot drop off locations open & Mail Ballots Mailed 1-7 .5-107(3)(a)(I)
sday
15-0ctober Notice of election to be published (20 days before) 1-7 .5-107(2.S)(a)(I)
Wednesday
20-0ctober Early Voting begins at Voter Service and Polling Centers 1-5-102.9(2)
Monday
27-0ctober Last day to register to vote via Online submissions, Mail, and 1-2-201 (3)(b )(III)
Monday Agency forms in order to receive a mail ballot
28-0ctober Last day to apply for mail in ballot if mailed 1-7.5-116(3)
Tuesday (7th day prior)
31-0ctober Last day to request an in-person absentee ballot 1-7.5-116(3)
Friday
4-November Election Day 1-1-104( 17)
Tuesday 1-4-20 I
Rule 7.8.l(b)
12-November Last day to receive UOCA VA ballots 1-8.3-113
Wednesday Rule 16 .1.6
12-November Last day to cure any signature and ID discrepancies 1-7.5-107(3 .5)( d)
Wednesday 1-7 .5-107.3(2)(a)
1-8.5-105(3)(a)
Rule 7 .6.2
21-November Deadline for Canvass Board and official abstract (l 7Ul day after) 1-10-102( 1)
Friday Rule 10
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 34
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF
COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR FUND
ADMINISTRATION ACTIVITIES FOR THE ARAPAHOE COUNTY ENTERPRISE ZONE.
WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of Local
Affairs and was granted, Enterprise Zone status for a majority of the industrially and
commercially zoned property in the City of Englewood; and
WHEREAS, the City of Englewood is the administrator for the Arapahoe County Enterprise
Zone for the cities of Sheridan, Littleton and Englewood; and
WHEREAS, this year the State of Colorado Economic Development Commission issued an
unsolicited grant to the City of Englewood to reimburse the City for the administration of the
Enterprise Zone
WHEREAS, the State Economic Development Commission has a grant program for
administrative support of Enterprise Zones; and
WHEREAS, the Enterprise Zone is used in the City to initiate business retention business
expansion and business attraction activities; and
WHEREAS, the Colorado State Economic Development Commission requires that the City
provide matching funds to meet Grant requirements; and
WHEREAS, the Grant and related Agreement between the State of Colorado Economic
Development Commission and the City of Englewood pledges $16,300.00 in local matching
funds to meet this obligation; and
WHEREAS, matching funds have been allocated in Community Development's budget; and
WHEREAS, this Grant and the matching funds will be used for Enterprise Zone
administrative activities and will reimburse the City of Englewood for staff time and
expenditures .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
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Section 1. The State of Colorado, Economic Development Commission Colorado Purchase
Order #PO EDA 14-176 for the Grant of $16 ,300.00 to be used for Enterprise Zone Marketing
and Administrative activities, attached hereto as Exhibit A, is hereby accepted.
Introduced, read in full , and passed on first reading on the 16th day of June, 2014.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 20th day of
June, 2014.
Published as a Bill for an Ordinance on the City 's official website beginning on the 18th day of
June, 2014 for thirty (30) days.
Read by title and passed on final reading on the 7th day of July, 2014.
Published by title in the City's official newspaper as Ordinance No ._, Series of 2014, on
the 11th day of July, 2014 .
Published by title on the City 's official website beginning on the 9th day of
July, 2014 for thirty (30) days .
Randy P . Penn, 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 2014 .
Loucrishia A. Ellis
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OFFICE OF ECONOMIC
DEVELOPMENT AND
INTERNATIONAL TRADE
.Buyer: Frank Tamayo
Phone Number: 303-866-3141
Agency Contact: SONYA GU RAM
Phone Number: 303-892-3840
FEIN: 846000583 Phone
Date: 3/26/14
IMPORTANT
The PO# and Line# must
appear on all invoices, P.O.# PO EDA 14-176
packing slips, cartons and
correspondence CMS#
State Award#
ACC: BID#
Invoice in Triplicate To:
PURCHASE
ORDER
ST ATE OF COLORADO
Vendor Contact: Nancy Fenton
OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE
(OEDIT)
Purchase Requisition#:
V City of Englewood
e n 1000 Englewood Pkwy
d Englewood, CO 80110
0
INSTRUCTIONS TO VENDORS:
1. If for any reason, delivery of this order is delayed beyond the
delivery/installation date shown, please notify the agency contact named at
the top left. (Right of cancellation is reserved in instances in which timely
delivery is not made.)
2. All chemicals, equipment and materials must conform to the standards
required by OSHA .
3. NOTE: Additional terms and conditions on reverse side .
SPECIAL INSTRUCTIONS:
I625 BROADWAY, STE. 2700
DENVER , CO 80202
Pa ment will made b this a enc
Ship To:
OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE
(OEDITJ
1625 BROADWAY, STE. 2700
DENVER, CO 80202
Delivery/Installation Date:
F.o.n. STATE PAYS NO FREIGHT
•r--:-Ll~N~E~~~~~~--;C~O~M~M~O~D~IT=Y~/l=T~EM:-:-~~~~UN~l=r~o=F,--~~~-,,,Q~UA~N~T~IT=Y.,..-~~~~7U~N~IT~C~O~S=T,--~~~--::T~O=T-AL-=1r=EM-,-c~o~s=r~~
ITEM CODE MEASUREMENT
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001 $16,300.00
I.General Description
This purchase order grants funds for local administration or the Enterprise Zone Program in calendar year 2014. Enterprise Zone
administrative agencies arc designated by the Economic Development Commission. This funding shall be applied to direct
administrative costs for the Program including personnel, over-head, and Enterprise Zone marketing materials. A dollar-for-dollar
match of the award by the Grantee for Program administration is required
2. Definitions
A. "Economic Development Commission" means the body authorized under C.R.S . 24-46-102.
B . "Enterprise Zone" and "EZ" means the Colorado Enterprise Zone program authorized under C.R .S. 39-30-10 I to 112 .
C. "Grantee" is City of Englewood
D. "Program" means the Enterprise Zone program
3. Obligations
A. Grantee shall administer the Enterprise Zone Program locally, and may request reimbursement for direct administrative costs
including personnel, over-head, and marketing materials .
B . Administration includes at a minimum:
i. Pre-Certifying and Certifying all EZ tax credits using the State's systems and/or forms,
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ii. Acting as the local resource for questions and implementation of the Program,
iii. Managing any authorized Contribution Projects as allowed by the Statutes, and
iv. Reporting data to the Stale as required.
C. Grantee must expend an equal amount from local funds as the amount requested from OEDIT.
4. Personnel
Grantee's performance hereunder shall be under the direct supervision of Nancy Fenton, an employee or agent of the Grantee,
who is hereby designated as the responsible administrator of this Purchase Order.
5. Payments and Budget
A. The Grantee will be reimbursed for actual costs up to a maximum amount of$16,300.00 which OEDIT agrees to pay for
completion of the Obligations outlined herein.
B . Grantee shall invoice OEDIT via a signed lcller staling the total amount spent for Program Administration (half of which will be
reimbursed under this Purchase Order. Grantee shall auach an accounting report lo the leller identifying the direct Program
administrative costs.
C. Grantee may submit invoices as frequently as quarterly, for expenses incurred during the calendar quarter, within 60 days
following the quarter end-dale. Otherwise, invoices may cover any combination of quarters in the calendar year, but must be
submilled al least annually by 2/28/2015 for expenses incurred in calendar year 2014.
D. Grantee expenditures for Program administration from 111/2014 may be used lo fulfill the required match for the award.
Expenditures made following the date of the Purchase Order may be reimbursed by the Stale.
E . The State is prohibited by law from making commilmenls beyond the term oflhe State's current fiscal year. Therefore,
Grantee's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of Stale
appropriations as provided in the Colorado Special Provisions.
6. Remedies
Should the Obligations outlined in 3 above nol be fulfilled in full, OEDIT may withhold payment in full or in part as determined
by OEDIT.
7. Administrative Requirements • Accounting
A. Payee shall maintain properly segregated books to identify the work associated with this purchase order.
B. All receipts and expenditures associated with the work shall be documented in a detailed and specific manner.
C. Payee shall make and maintain accounting and financial books and records documenting its performance hereunder in a form
consistent with good accounting practices.
TOT AL $16,300.00
THIS PO IS ISSUED IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS FOR THE
This PO is effective on the date signed by the authorized individual.
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 35
INTRODUCED BY COUNCIL
MEMBER -------
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA)
ENTITLED "CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD" FOR REIMBURSEMENT
TO THE CITY OF ENGLEWOOD, COLORADO FOR THE COST OF 2014 TRAFFIC SIGNAL
SYSTEM EQUIPMENT PURCHASE.
WHEREAS, the Englewood City Council previously approved Ordinances to enter into
agreements with Denver Regional Council of Governments (DRCOG) to allow DRCOG to
reimburse the City of Englewood for 2004, 2005, 2007, 2008, 2009 and 2010 miscellaneous traffic
signal equipment purchases; and
WHEREAS, DRCOG received U.S. Department of Transportation Congestion Mitigation/Air
Quality (CM/AQ) funds through the Colorado Department of Transportation (CDOT) to carry out
traffic signal system improvements and purchases in the Denver metropolitan region; and
WHEREAS, the City of Englewood submitted an application to DRCOG for the 2014 Traffic
Signal System Equipment Purchase Program; and
WHEREAS, DRCOG desires to contract with the City for the purchase of miscellaneous traffic
signal equipment consistent with the Traffic Signal System Equipment Purchase Program; and
WHEREAS, DRCOG is responsible for monitoring and administering this federal program; and
WHEREAS, these funds are Colorado Department of Transportation (CDOT) pass-through of
federal funds; and
WHEREAS, the passage of this Ordinance authorizes the intergovernmental agreement allowing
DRCOG to reimburse the City of Englewood for the cost of traffic signal system equipment, which
will be purchased by the City in 2014/2015, in an amount up to $129,000;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of Englewood, Colorado, hereby authorizes an intergovernmental
agreement (IGA) entitled "Contract by and Between the Denver Regional Council of Governments
(DRCOG) and the City of Englewood" for reimbursement to the City of Englewood, Colorado for
the cost of traffic signal system equipment, which will be purchased by the City in 2014/2015, in
an amount up to $129,000, a copy of which is attached hereto as Exhibit 1.
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Section 2. Federal Department of Transportation funds are the source of these traffic
mitigation funds.
Section 3. The Mayor is hereby authorized to sign and the City Clerk to attest said
intergovernmental agreement (IGA) entitled "Contract by and Between the Denver Regional
Council of Governments (DR COG) and the City of Englewood" for and on behalf of the City of
Englewood.
Introduced, read in full, and passed on first reading on the 16th day of June, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of
June, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of
June, 2014.
Read by title and passed on final reading on the 7th day of July, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 11th day of July, 2014.
Published by title on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Randy P. Penn, 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 of2014.
Loucrishia A. Ellis
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1290 Broadway, Suite 700
Denver, Colorado 80203-5606
("DRCOG")
and
CITY OF ENGLEWOOD
Department of Public Works
1000 Englewood Parkway
Englewood, Colorado 80110-2373
("CONTRACTOR")
for
2014 TRAFFIC SIGNAL SYSTEM EQUIPMENT PURCHASE
Project Number: 543013 Contract Number: EX14006
RECITALS:
A. DRCOG anticipates receiving U.S. Department of Transportation Congestion
Mitigation/Air Quality (CM/AQ) funds through the Colorado Department of Transportation
(Coon, to carry out traffic signal system improvements and purchases in the Denver
metropolitan region .
B. Upon issuance of a Notice to Proceed from DRCOG to Contractor, authority will exist in
the law and funds will have been budgeted, appropriated, and otherwise made available and a
sufficient unencumbered balance thereof will remain available for payment.
C. DRCOG desires to engage the Contractor for the purchase of miscellaneous traffic
signal equipment consistent with the adopted Traffic Signal System Improvement Program
further described in this contract and Exhibit A, conditioned upon funds being made available to
DRCOG for such purposes and issuance of a Notice to Proceed to Contractor.
D. The Contractor agrees to comply with all applicable provisions of the contract between
DRCOG and COOT, which are incorporated herein by reference and made a part of this
contract as if fully set forth and a copy of which contract shall be provided to Contractor in the
monitoring and administration of this contract.
NOW, THEREFORE, it is hereby agreed that:
1. PURCHASE OF THE EQUIPMENT
a. General Requirements. The Contractor shall administer and purchase the equipment
that is described in the attached Exhibit A (the "Project"), which is made a part of this
contract, in accordance with Title 49, Parts 18 and 19, as appropriate, of the Code of
Federal Regulations regarding uniform administrative requirements for state and local
governments and other non-profit organizations .
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b. Submissions of Proceedings. Contract. and Other Documents. The Contractor shall
submit to DRCOG all data, reports, records, contracts, and other documents collected
and developed by the Contractor relating to the Project as DRCOG may require. The
Contractor shall retain intact, for three years following project closeout, all contract
documents, financial records, and supporting documents.
c. Award of Contract. This contract is awarded to the Contractor based upon the
Contractor's Project application, which provides that the Contractor be responsible for all
expenses associated with acquiring,_installing, operating and maintaining the equipment,
excluding the actual purchase cost of the equipment. Contractor agrees that Contractor
costs for staff and subcontractors will not be reimbursable as part of this contract.
d. No DRCOG Obligations to Third Parties. DRCOG shall not be subject to any obligations
or liabilities to any person not a party to this contract in connection with the performance
of this Project pursuant to the provisions of this contract without its specific written
consent. Neither the concurrence in, nor approval of, the award of any contract or
subcontract or the solicitation thereof nor any other act performed by DRCOG under this
contract constitutes such consent. ·
2. ACCOUNTING RECORDS
a. Accounts. The Contractor shall establish and maintain as a separate set of accounts, or
as an integral part of its current accounting scheme, accounts for the equipment
purchases to assure that funds are expended and accounted for in a manner consistent
with the requirements of this contract, the contract between DRCOG and COOT and all
applicable federal and state laws, and their implementing regulations.
b. Funds Received or Made Available. The Contractor shall appropriately record in the
account all reimbursement payments received by it from DRCOG pursuant to this
contract.
c. Allowable Costs. Expenditures made by the Contractor shall be reimbursable as
allowable costs to the extent they meet all of the requirements set forth below. Such
expenditures must:
1) Not be incurred and are not allowable prior to DRCOG's issuance of a Notice to
Proceed to Contractor as described in Section 4 of this contract.
2) Be made in conformance with the description, budget, and all other provisions of this
contract.
3) Be necessary for the accomplishment of this contract, and reasonable in the amount
of goods and services provided.
4) Be actual net costs to the Contractor (i.e., price paid minus any refunds, rebates, or
other items of value received by Contractor that have the effect of reducing the cost
actually incurred).
5) Be incurred for equipment purchased only as described in Exhibit A, after the date of
this contract.
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6) Be treated uniformly and consistently under generally accepted accounting
principles.
7) Be in conformance with the standards for allowability of costs set forth in Office of
Management and Budget Circulars No. A-122 or A-87, as appropriate, regarding cost
principles for nonprofit organizations and state and local governments.
d. Documentation of Costs. Invoices, contracts, and/or vouchers detailing the nature of the
charges shall support all equipment purchase costs charged to this contract.
e. Checks. Orders. and Vouchers. Any check or order drawn up by the Contractor with
respect to any item which is or will be chargeable against this contract will be drawn only
in accordance with a properly signed voucher then on file in the office of the Contractor,
which will detail the purpose for which said check or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole
or in part to the Project shall be clearly identified, readily accessible, and, to the extent
feasible, kept separate and apart from all other such documents.
f. Audits and Inspections. At any time during normal business hours and as often as
DRCOG, COOT and U.S. Department of Transportation (hereinafter, "USDOT"), and/or
the Comptroller General of the United States may deem necessary, there shall be made
available to DRCOG, COOT, USDOT and/or the Comptroller General, or any of their duly
authorized representatives, for examination, all books, documents, papers, and records,
whether in electronic, digital, hard-copy or other form, with respect to all matters covered
by this contract and the Contractor will permit DRCOG, COOT, USDOT, and/or
representatives of the Comptroller General to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this contract.
3. TIME OF PERFORMANCE
This contract shall commence upon execution and shall expire June 30, 2015. No work
shall commence until execution of a Notice to Proceed, as described herein.
4. NOTICE TO PROCEED
Contractor shall not commence the Project or any portion thereof until it receives from
DRCOG a written Notice to Proceed, an example of which is attached hereto and
incorporated herein as Exhibit B, and which may be transmitted to Contractor by electronic
mail. The Notice to Proceed shall include the starting and completion dates for the Project
and any other relevant information, and Contractor shall complete the Project within the
period specified in the Notice to Proceed and in conformance with this contract unless the
period or terms thereof are extended by written amendment. DRCOG shall not be liable to
pay or reimburse Contractor for performance of the Project or any portion thereof until
DRCOG issues a Notice to Proceed to Contractor. If the funding for this contract is not
appropriated, or otherwise becomes unavailable, DRCOG may immediately terminate this
contract as provided herein .
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5. COST OF EQUIPMENT PURCHASES
The cost for equipment purchases in which federal funds are participating shall not exceed
One Hundred Twenty-Nine Thousand Dollars ($129,000.00) as described in the attached
Exhibit A No equipment shall be purchased until a Notice to Proceed has been executed in
accordance with Section 4 of this contract, and costs shall be reimbursed only in
accordance with Section 2.c of this contract.
The Contractor agrees to provide all installation, operation and maintenance of the
purchased equipment at its expense.
6. REQUEST FOR PAYMENT BY THE CONTRACTOR
a. Award. Upon execution of a Notice to Proceed, DRCOG shall reimburse the Contractor
for the purchase of traffic signal equipment as described in the attached Exhibit A and
only in accordance with Sections 2.c, 4, 5 and 6.c herein.
b. Requests for reimbursement shall be addressed to:
Denver Regional Council of Governments
Attention: Accounts Payable
1290 Broadway, Ste. 700
Denver, CO 80203
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c. Payment. Payment shall be made on the following basis: After receipt of the equipment,
the Contractor shall immediately initiate installation of equipment. After the Contractor
has installed the equipment and the equipment is operating as intended, the Contractor •
shall submit to the address in the above section 6.b. both the invoice for reimbursement
and a certification that the equipment has been installed and the equipment is operating
as intended. DRCOG reserves the right to field-verify the equipment and its operation.
Upqn receipt of the required materials, DRCOG will incorporate the invoice into its next
bill to COOT. Upon receipt by DRCOG of payment from COOT, DRCOG will reimburse
the Contractor for the amount of allowable costs of the Contractor's invoice.
7. NOTICE AND REPRESENTATIVE
Each individual identified below is the principal representative of the designating party. All
notices required to be given hereunder shall be delivered electronically to such party's
principal representative at the email set forth below. Either party may from time to time
designate substitute addresses or person to whom such notices shall be sent. Unless
otherwise provided herein, all notice shall be effective upon receipt.
a. DRCOG's Representative:
Greg MacKinnon
Project Manager
DR COG
1290 Broadway, Ste. 700
Denver, CO 80203
(303) 480-5633
gmackinnon@drcog.org
b. Contractor's Representative:
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Ladd Vostry
Project Manager
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-2373
303-762-2511
lvostry@enqlewoodgov.org
8. PERSONNEL
The Contractor represents it will provide and secure the personnel required in installing,
maintaining and operating the equipment listed in Exhibit A. All of the services required
hereunder will be performed by the Contractor or under its supervision, and all personnel
engaged in the work shall be fully qualified and shall be authorized under State and local
law to perform such services. Such personnel shall not be employees of or have any
contractual relationship with ORCOG. Any subcontracts entered into by the Contractor
associated with this Contract shall include a statement that the parties to the subcontract
understand that ORCOG is not obligated or liable in any manner to the subcontractor or for
the performance by -the Contractor of its obligations under the subcontract.
9. TERMINATION
a. Funds not Available . The parties expressly recognize that the Contractor is to be paid,
reimbursed or otherwise compensated with federal and/or state funds which are
available to ORCOG for the Project. In the event that CM/AQ funds are not made
available to ORCOG per Recital A, this contract shall terminate immediately. Contractor
expressly understands and agrees that all of its rights, demands and claims to
compensation arising under this contract are contingent upon availability of such funds
to ORCOG.
b. Termination for Mutual Convenience. The parties may, with the concurrence of COOT,
terminate this contract if both parties agree that the equipment purchases specified in
Exhibit A would not produce beneficial results.
c. Termination of Contract for Cause. If through any cause, excluding force majeure, the
Contractor shall fail to fulfill in timely and proper manner its obligations under this
contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this contract, and has not corrected such breach within ten days of being
given notice by ORCOG, ORCOG shall thereupon have the right to terminate this
contract by giving written notice to the Contractor of such termination for cause, which
shall be effective upon receipt of the written notice.
In that event, ORCOG shall not be required to reimburse the Contractor for any
equipment purchases not yet billed to COOT, and Contractor shall be obligated to return
any payments previously received under the provisions of this contract. Notwithstanding
the above, the Contractor shall not be relieved of liability to ORCOG for any damages
sustained by ORCOG by virtue of any breach of the contract by the Contractor.
d. Termination for the Convenience of ORCOG. ORCOG may terminate this contract at
any time by giving written notice to the Contractor of such termination, which shall be
effective upon receipt of the written notice. If the contract is terminated by DRCOG as
provided herein, the Contractor shall be entitled to receive compensation for any
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equipment purchases made prior to the effective date of such termination, subject to
field verifications being completed to the satisfaction of DRCOG.
10. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Contractor agrees to comply with all federal and
state laws, rule, regulations, and orders regarding equal employment opportunity, including
Executive Order 11256, "Equal Employment Opportunity," as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity In and
as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
11. DISADVANTAGED BUSINESS ENTERPRISE
a. Policy. In accordance with the regulations of the U.S. Department of Transportation
(DOT), 49 CFR Part 26, DRCOG will ensure that DBEs have an equal opportunity to
participate in the performance of contracts and subcontracts receiving DOT funding
assistance. Consequently, the DBE requirements of 49 CFR, Part 26 apply to this
agreement.
b. DBE Obligation. The Contractor and its subcontractors agree to ensure that DBEs as
determined by the Colorado Unified Certification Program have the maximum
opportunity to participate in the performance of contracts and subcontracts receiving
DOT funding assistance provided under this agreement. In this regard, the Contractor
and subcontractors shall take all necessary and reasonable steps in accordance with
this policy to ensure that DBEs have the maximum opportunity to compete for and
perform contracts. The contractor, subrecipient or subcontractor shall not discriminate •
on the basis of race, color, national origin, or sex in the performance of this contract.
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or
such other remedy as DRCOG deems appropriate.
12. INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer, member, or employee of DRCOG and no members of its governing body, and no
other public official of the governing body of the locality or localities in which the Project is
situated or being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Project, shall participate in any decision
relating to this contract which affects his personal interest or the interest of any corporation,
partnership, or association in which he is directly or indirectly interested or have any
personal or pecuniary interest, direct of indirect, in this contract or the proceeds thereof.
13. INTEREST OF THE CONTRACTOR
No officer, member, employee or agent of the Contractor or any other person who is
authorized to exercise any functions or responsibilities in connection with the negotiating,
review or approval of the undertaking or carrying out of any segment of the program
contemplated by this contract shall have any financial or other personal interest, direct or
indirect, in this contract or any subcontract thereunder, or in any real or personal property
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acquired therefore. Any person who shall involuntarily acquire any such incompatible or
conflicting personal interest shall immediately disclose his/her interest to DRCOG in writing.
Thereafter (s)he shall not participate in any action affecting the program under this contract
unless DRCOG shall have determined that, in light of the personal interest disclosed, the
participation in such action would not be contrary to the public interest.
14. INDEMNIFICATION
The Contractor is an independent contractor and not an employee of DRCOG. As an
independent contractor, the Contractor is not entitled to workers' compensation benefits
except as may be provided by the Contractor nor to unemployment insurance benefits
unless unemployment compensation coverage is provided by the Contractor or some other
entity. The Contractor is obligated to pay all applicable federal and state income tax on any
moneys earned or paid pursuant to this contract relationship. The parties agree that the
Contractor is free from the direction and control of DRCOG except such control as may be
required by any state or federal statute or regulation, and that DRCOG does not require the
Contractor to work exclusively for DRCOG; does not establish a quality standard for the
Contractor; does not provide training, or does not provide tools or benefits of performance
by the Contractor except through a completion schedule.
To the extent allowable by law, the Contractor shall indemnify, save and hold harmless
DRCOG, its officers, employees and agents, against any and all claims, damages, liability
and court awards, including all costs, expenses, and attorney fees incurred as a result of
any negligent act or omission of the Contractor, or its employees, agents, subcontractors or
assignees related to this contract. The Contractor shall include language similar to the
foregoing in any subcontract associated with this Contract, stating that the subcontractor
agrees to indemnify, save and hold harmless DRCOG for negligent acts or omissions of the
subcontractor, its employees, agents, subcontractors, and assignees.
The Contractor, as a "public entity" within the meaning of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), shall maintain at all times .·
during the term of this contract such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the GIA The Contractor shall show
proof of such insurance satisfactory to ORCOG and COOT, if requested by ORCOG or
COOT.
15. FEDERAL REQUIREMENTS
The Contractor shall at all times during the execution of this contract strictly adhere to, and
comply with, all applicable federal and state laws, and their implementing regulations, as
they currently exist and may hereafter be amended, which are incorporated herein by this
reference as terms and conditions of this contract. The Contractor shall also require
compliance with these statutes and regulations in subcontract agreements associated with
this contract.
The Contractor agrees to abide by and follow all applicable federal and state guidelines
when expending any funds resulting from this contract. This includes, but is not limited to,
the Procurement Standards set forth in Subpart C of OMB Circular A-110 and the applicable
provisions of the Federal Acquisition Regulation ("FAR"), together with any additions or
supplements thereto promulgated by the Funding Agency. Current regulations can be found
at http://www.acquisition.gov/far/.
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In addition, Contractor shall comply with all federal laws and regulations as may be
applicable to the Project, a list of which is set out in the contract between DRCOG and
COOT and which list includes, without limitation, the following:
a. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (all construction contracts
awarded in excess of $10,000 by grantees and their contractors or subgrantees).
b. The Copeland "Anti-Kickback" Act (18 U.S. C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3)(all contracts and subgrants for construction or repair).
c. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5)(Construction contracts in excess of $2,000 awarded by
grantees and subgrantees when required by Federal grant program legislation. This Act
requires that all laborers and mechanics employed by contractors or sub-contractors to
work on construction projects financed by federal assistance must be paid wages not
less than those established for the locality of the project by the Secretary of Labor).
d. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).
(Construction contracts awarded by grantees and subgrantees in excess of $2,000, and
in excess of $2,500 for other contracts which involve the employment of mechanics or
laborers).
e. Standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and Environmental Protection Agency regulations ( 40 CFR Part 15) (contracts,
subcontracts, and subgrants of amounts in excess of $100,000).
f. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
TO THE EXTENT ALLOWABLE BY LAW, the Contractor agrees to indemnify, save and hold
harmless, DRCOG, its officers, employees, agents, subcontractors, and assignees should
any applicable regulations not be followed.
16. CHANGES
This contract is subject to such modifications as may be required by changes in federal or
state law, or their implementing regulations. Any such required modification shall
automatically be incorporated into and be part of this contract on the effective date of such
change as if fully set forth herein. Except as provided above, no modification of this contract
shall be effective unless agreed to in writing by both parties in an amendment to this
contract that is properly executed and approved in accordance with applicable law. ·
17. GENERAL
This contract represents the entire agreement between the Contractor and DRCOG,
replacing and superseding any previous contract, oral or written, which may have existed
between the parties relating to the matters set forth herein. To the extent that this contract
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may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any
term or provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other term or provision hereof.
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or
requirement, or of any other term, provision or requirement.
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may
require continued performance, compliance or effect beyond the termination date of the
contract shall survive such termination date and shall be enforceable by DRCOG as
provided herein in the event of such failure to perform or comply by Contractor.
18. CERTIFICATION FOR FEDERAL-AID CONTRACTS
For contracts that exceed $100,000, Contractor, by signing this contract, certifies to the best
of its knowledge and belief: ·
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal 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 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. ·
b. 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 Member of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Contractor also agrees that it shall require that the language of this certification be included
in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall
certify and disclose accordingly.
19. DEBARMENT
By signing this contract, the Contractor certifies that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any Federal department or agency .
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20. AUTHORITY
The undersigned signatories of Contractor represent that they have been duly authorized to •
execute this Agreement, have full power and authority to bind Contractor to the terms and
conditions hereof, and certify that their signatures below, whether handwritten, electronic, or
digital, are their own. Contractor further understand and agrees that no further certification
authority or third party verification is necessary to validate any electron ic or digital signature
hereto and that the lack of such certification or verification will not in any way affect the
enforceability of the Agreement.
IN WITNESS WHEREOF, the parties have executed this contract on the ___ _
day of , 2014 and acknowledge that the signatures hereon,
whether handwritten, typed, electronic, or digital or submitted by facsimile or electronic mail, are
sufficient and legally binding .
By :
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schaufele
Executive Director
ATTEST:
By:
Roxie Rensen
Administrative Officer
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CITY OF ENGLEWOOD
By : ______________ ~
Print: __ R_a~n~d..,,y-P~~P~e~n~n~----
Title: Mayor
ATTEST:
By: ______________ ~
Print: LoY.crishi• ll Ellis
Title : -~c ...... i"""t...,}.,..... -tC~l.,...,e-rF-]it'"e-------
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EXHIBIT A
DRCOG SIGNAL EQUIPMENT PURCHASE
SCOPE OF SERVICES
The City of Englewood will purchase an upgraded traffic signal control system. The equipment
to be purchased and the locations for deployment consist of:
Location
Citywide
Anticipated notice to proceed
Procurement Complete and
Equipment Delivered
Installation Complete and
Invoicing Submitted
Equipment Estimated
Cost
Upgraded traffic signal control system
(x1)
Total Estimated Cost $129,000
Project Schedule
July 1, 2014
December 31, 2014
June 30, 2015
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EXHIBIT B
DRCOG SIGNAL EQUIPMENT PURCHASE
SAMPLE NOTICE TO PROCEED
For Contract No. ------
Date: ----------DRCOG Project No.: -------
TO: CONSULTANT
ADDRESS
CITY, STATE ZIP
FROM: Greg MacKinnon, Project Manager, DRCOG
··. _:3. ~-~
i!i_~~i.;.. : ; ·~~:(;.
Dear .,,:h_' ... ,:_~;.+::···
·i·L.. · ·:.-.-.-~.';i ·< ~4.~. ._'/·
In accordance with Contract No. . bet:wee'~. tpe Denver R~gl9pa~ Q_9.iJncil of
Governments and contractor's name ("Contractq~)i this letter $~rves as your not1c.e to proceed
with the purchase of the traffic signal system!P ·~cfuiprn.eht.as d~$prjbed in the atti«::hed Exhibit A
(the "Project"). . _ ''''.'r:~·>,,._ "<;j{)~1 "!•:~1t'.:;;:!:;,,.::::.,:;~;)~~
The maximum amount payable by DRC.QG for the: ~quipoi~nt purchase yiiil be
$ .;;~~~;:~:~brr:~ . ·:::;::_::~~f ~'.~J
•
The Contractor will complete _the Project by; -· ·t \ · 'i£fi!\. •
Thi~ Notice to Proceed is ~~~~~t~~B~r~ua,~l~tq"t~:~g~9.Jra1 '-~~~tract. The parties agree .that the •
Project shall be performed accq.f9J.ng tq ~l~~ .st~.?pards; P,t,ocedur~s, an~ terms set forth in the
contract. In the ey~11~-of ~ny co~fl.1,~ .• ?r 1ncQO~/i~~~~cy between this Notice to Proceed and t.he
contract, such confh9t 9e,1ncons1stency ,shall Be {e$.plved by reference to these documents 1n the
following order: cohfr~ct /¢9rJJract aniend,!)'lents, ·exhibits to the contract, notice to proceed
letter, exhibits to the afqrementipned. ·: \~?\: ..
~ ~:~'·: ~?~:/~ '\~~:.i' .· : .... :?C.\f~;.:;_:,.~--''\•1lf::
Attach.~~>hereto is a cop9' Qf th.'Eontr~Qt .between DRCOG and COOT, which is incorporated
herein and made a part of the contract."'"
:_1~;··•.), ·.;•::.:..~
This N~ticif't~' Pf~~~~d i~ e#~¢tive as of this day of 20_,
which also serves as the'$tarf date for the Project.
.. \~;~~
DENVER REGIONAL. COUNCIL OF GOVERNMENTS
·:·.=~~: ·;_·~,::":;:.:: ~:; :;· .. :
By: ___________ _
Doug Rex
Director, Transportation Planning & Operations
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING TITLE 5, CHAPTER 15, SECTION 4, SUBSECTION G,
ENTITLED PAWNBROKERS AND SECOND HAND DEALERS; TITLE 5, CHAPTER 16,
SECTION 4, SUBSECTION G, ENTITLED AUTOMOBILE PAWNBROKERS; AND TITLE 5,
CHAPTER 23 ENTITLED PURCHASER OF VALUABLE ARTICLES, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
WHEREAS, the City is authorized to license and regulate pawnbrokers, auto pawnbrokers, and
purchasers of valuable articles by 31-15-40(1)(n) and 31-15-501 et. seq. C.R.S.; and
WHEREAS, pawnbrokers, second hand dealers and purchasers of valuable articles are
required to provide information regarding transactions to the Englewood Police Department; and
WHEREAS, historically this information has been delivered on a weekly basis on paper pawn
tickets or reports; and
WHEREAS, as a convenience to both the high volume licenses as well as the Englewood
Police Department, the Englewood Police Department has provided a means for the larger
pawnbrokers to submit this information electronically; and
WHEREAS, as part of the electronic system, web cameras are provided to the pawnbrokers to
capture the image of the customer making the transaction; and
WHEREAS, currently the four major pawnshops in Englewood have voluntarily complied
with the Englewood Police Departments request to participate in this program, however,
compliance in submitting photographs has been sporadic; and
WHEREAS, electronic submission of the transaction information also allows electronic
transmission to Colorado Crime Information Center (CCIC) and National Crime Information
Center (NCIC) by this system; and
WHEREAS, the use of the electronic system greatly enhances the ability of the Englewood
Police Department to investigate property crimes and burglaries; and
WHEREAS, with electronic submission detectives can see the transactions within 24 hours
rather than the two to three weeks for paper pawn tickets and receipts for purchases of valuable
articles.
WHEREAS, the amendment of regulations for purchasers of valuable articles license holders
will create consistency in the reporting process for all similar licenses .
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 5, Chapter 15 , Section 4, Subsection G, entitled Required Acts of the Englewood Municipal
Code 2000, to read as follows :
5-15: PAWNBROKERS AND SECONDHAND DEALERS .
5-15-4: Special Conditions and Restrictions of the License.
In addition to the requirements in Chapter 1 of this Title, the following special conditions or
restrictions apply:
[EDITORS NOTE: Title 5, Chapter 15, Section 4, Subsections A through F contain no
changes and are therefore not included here.]
G. Required Acts:
1. A pawnbroker or secondhand dealer shall keep a numerical register in which shall
be recorded the following information: the name, address, and date of birth of the
customer; the customer's driver's license number or other identification number
from any other form of identification which is allowed for sale of valuable articles
pursuant to Colorado Revised Statutes or this Code, or for the pawning or sale of
secondhand property pursuant to Colorado Revised Statutes or this Code; the date ,
time and place of the contract for purchase or purchase transaction; and an
accurate and detailed account and description of each item of tangible personal
property, including, but not limited to, any trademark, identification number, serial
number, model number, brand name, or other identifying marks on such property.
The pawnbroker shall also obtain a written declaration of the customer's ownership
which shall state that each piece of tangible personal property is totally owned by
the customer, or shall have attached to such declaration a power of sale from the
partial owner to the customer, how long the customer has owned each piece of
property, whether the customer or someone else found the property, and, if the
property was found, the details of the finding .
2 . If the contract for purchase or other purchase transaction involves more than one
item, each item shall be recorded on the pawnbroker's or secondhand dealer's
register and on the customer's declaration of ownership.
3. The customer shall sign his or her name in such register and on the declaration of
ownership and receive a copy of the contract of purchase or a receipt for the
purchase transaction.
4. The customer shall affix a right index fingerprint to the declaration of ownership.
5. The customer shall affix an electronic photo to the declaration of ownership.
~ §,. Such register shall be made available to any local law enforcement agency for
inspection at any reasonable time.
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The pawnbroker or secondhand dealer shall keep each register for at least three (3)
years after the date of the last transaction entered in the register.
+ l A pawnbroker shall hold all contracted goods within his/her jurisdiction for a
period of ten (10) days following the maturity date of the contract for purchase,
during which time such goods shall be held separate and apart from any other
tangible personal property, and shall not be changed in form or altered in any way.
% .2.,. A pawnbroker shall hold all property purchased by him/her through a purchase
transaction for thirty (30) days following the date of purchase, during which time
such property shall be held separate and apart from any other tangible personal
property, and shall not be changed in form or altered in any way.
9 10. Every pawnbroker shall provide the local law enforcement agency, on a weekly
basis, with two (2) copies of the records, on a form to be provided or approved by
the local law enforcement agency Qf all tangible personal property accepted during
the preceding week and one copy of the customer's declaration of ownership form.
The form shall contain the same information required to be recorded in the
pawnbroker's register pursuant to this Section. The local law enforcement agency
shall designate the date day of the week on which the records and declarations
shall be submitted. In addition. if a pawnbroker has over fifty (50) transactions a
week. an electronic record of the transaction including a photo of the customer
shall be submitted daily.
-l-0 11. Every pawnbroker shall clear, through the City, prior to release, all firearms, other
than those which are newly manufactured and which have not been previously sold
at retail.
-1-+ 12. Every pawnbroker shall pay a fee for every transaction form submitted to the City.
This fee is imposed to offset the cost of administering this license. This fee shall
be determined by the City and set by resolution.
~ 13. Every pawnbroker shall, at his/her expense, keep records or provide reports in such
manner and by such methods as may be determined from time to time by the
Licensing Officer.
[EDITORS NOTE: Title 5, Chapter 15, Section 4, Subsections H through K contain no
changes and are therefore not included here.]
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 5, Chapter 16, Section 4, Subsection G, entitled Automobile Pawnbrokers of the Englewood
Municipal Code 2000, to read as follows:
5-16: AUTOMOBILE PAWNBROKERS.
[EDITORS NOTE: Title 5, Chapter 16, Section 4, Subsections A through F contain no
changes and are therefore not included here.]
5-16-4: Special Conditions and Restrictions of the License.
In addition to the requirements in Chapter 1 of this Title, the following special conditions and
restrictions apply:
3
G. Required Acts: • 1. An automobile pawnbroker shall keep a numerical register in which shall be
recorded the following information: the name, address and date of birth of the
customer; the customer's driver's license number or other identification number
from any other form of identification which is allowed for sale of valuable articles
pursuant to Colorado Revised Statutes; or for the sale of secondhand property
pursuant to Colorado Revised Statutes or this Code; the date, time and place of the
contract for purchase or purchase transaction; and an accurate and detailed account
and description of each item of tangible personal property, including, but not
limited to, any trademark, identification number, serial number, model number,
brand name, or other identifying marks on such property. The automobile
pawnbroker shall also obtain a written declaration of the customer's ownership
which shall state that each piece of tangible personal property is totally owned by
the customer, or shall have attached to such declaration a power of sale from the
partial owner to the customer, how long the customer has owned each piece of
property, whether the customer or someone else found the property, and, if the
property was found, the details of the finding.
2. If the contract for purchase or other purchase transaction involves more than one
item, each item shall be recorded on the automobile pawnbroker's register and on
the customer's declaration of ownership.
3. The customer shall sign his or her name in such register and on the declaration of
ownership and receive a copy of the contract of purchase or a receipt for the • purchase transaction.
4. The customer shall affix a right index fingerprint to the declaration of ownership.
5. The customer shall affix an electronic photo to the declaration of ownership.
~,Q . Such register shall be made available to any local law enforcement agency for
inspection at any reasonable time.
6]. The automobile pawnbroker shall keep each register for at least three (3) years
after the date of the last transaction entered in the register.
+~. An automobile pawnbroker shall hold all contracted goods within his/her
jurisdiction for a period of ten (10) days following the maturity date of the contract
for purchase, during which time such goods shall be held separate and apart from
any other tangible personal property, and shall not be changed in form or altered in
anyway.
&2. An automobile pawnbroker shall hold all property purchased by him/her through a
purchase transaction for thirty (30) days following the date of purchase, during
which time such property shall be held separate and apart from other tangible
personal property, and shall not be changed in form or altered in any way.
910 . Every automobile pawnbroker shall provide the local law enforcement agency, on
a weekly basis, with two (2) copies of the records, on a form to be provided or •
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approved by the local law enforcement agency of all tangible personal property
accepted during the preceding week and one copy of the customer's declaration of
ownership form. The form shall contain the same information required to be
recorded in the automobile pawnbroker's register pursuant to this Section. The
local law enforcement agency shall designate the date day of the week on which
the records and declarations shall be submitted. In addition. if an auto mobile
pawnbroker has over fifty (50) transactions a week. an electronic record of the
transaction including a photo of the customer shall be submitted daily .
Every automobile pawnbroker shall pay a fee for every transaction form submitted
to the City. This fee is imposed to offset the cost of administering this license. This
fee shall be determined by the City and set by resolution.
H 12. Every automobile pawnbroker shall, at his/her expense, keep records or provide
reports in such manner and by such methods as may be determined from time to
time by the Licensing Officer.
[EDITORS NOTE: Title 5, Chapter 16, Section 4, Subsections H through J contain no
changes and are therefore not included here.]
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 5, Chapter 23, entitled Purchaser of Valuable Articles of the Englewood Municipal Code
2000, to read as follows:
5-23: PURCHASER OF VALUABLE ARTICLES
5-23-1: Definitions.
For the purpose ofthis Chapter, the following terms, phrases, words and their derivations shall
have the meanings given herein:
Precious or Semiprecious Metals or Stones : This definition includes, but is not limited to gold,
silver, platinum, pewter, alexandrite, diamonds, emeralds, garnets, opals, rubies, sapphires, and
topaz. Also, included under this definition is ivory, coral, pearls, jade and other such minerals,
stones, or gems as are customarily regarded as precious or semiprecious .
Private Collector: Any person who purchases an item for a price greater than the market price of
the item's metallic or stone composition, who has an interest in preserving the item in its unique
or historical form, and whose primary purpose in purchasing is not the immediate resale of the
item.
Purchase : Giving money to acquire any valuable article.
Purchaser: Any person holding himself out to the public as being engaged in the business of
purchasing valuable articles, or any person who purchases five (5) or more valuable articles in
any thirty (30) day period. A purchaser does not include a person purchasing valuable articles
from a retail or wholesale merchant who deals in goods of that kind.
Seller: Any person offering a valuable article for money to any purchaser .
5
Valuable Article : Any tangible personal property consisting, in whole or in part, of precious or
semiprecious metals or stones including collector coins .
5-23-2: License Required.
It shall be unlawful for any person to offer or purchase valuable objects in the City of Englewood
without first obtaining a license except for the following classes of persons:
A. Private collectors purchasing valuable items from other private collectors.
5-23-3 : Applicatio n fo r Licens e.
Purchaser of Valuable Articles Licenses shall be issued in accordance with Chapter 1 of this
Title.
5-23-4: Special License Requirements.
In addition to the requirements in Chapter 1 o f this Title. the following specia l conditio n or
restrictions apply:
A. Licenses issued under this Chapter shall not be transferred to another person or location.
B . Applicants will be subject to a police background investigation as part of the application.
C. Required Acts: A Pl:H'ehaser of Vaffiable Artieles LieeRse holder shall ke@fl a 1*HB:erieal
register whieh vlill ineffide the following infoffflation:
-h The naTRe, address , and date of birth of the Sl:lstomer.
;h The 61:1Stomer's driver's lieense numeer Or other identifieation number from aflJ' other
fofffl of identifieatio·n ·vArieh is allowed for sale of ·;affiaele artieles pl:H'SHant to state
statl:ltes .
~ The date, time and plaee of the pl:H'ehase , and an aeel:H'ate and detailed aeeonnt and
deseription of eaeh valHable artiele, inelHding, bl:lt aot limited to, any identifieation
numeer, serial Rl:lmber, material type, mint date, deaomiaation, or other identifyi:Rg
marks on sHeh property.
4:-The lieease holder shall also obtain a writtea deelaratioa of the eHstomer's ownership
whieh shall state that eaeh valHable artiele is totally owaed by the eHstomer, or shall
have attaehed to sHeh deelaration a power of sale from the partial owner to the
Sl:lstomer, how loag the eHstomer has o·.vned eaeh pieee of property, whether the
Sl:lstomer or someone else fol:lRd the property, and if the property was fol:llld , the
details of the finding.
A purchaser of valuable articles license holder shall keep a numerical register in
which shall be recorded the following information: the name. address. and date of
birth of the customer: the customer's driver's license number or other identification
number from any other form of identification which is allowed for sale of valuable
articles pursuant to Colorado Revised Statutes or this Code. or for the pawning or
sale of secondhand property pursuant to Colorado Revised Statutes or this Code:
the date. time and place of the purchase transaction: and an accurate and detailed
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account and description of each item of tangible personal property. including. but
not limited to. any trademark. identification number. serial number. model number.
brand name. mint date. denomination. or other identifving marks on such property.
The license holder shall also obtain a written declaration of the customer's
ownership which shall state that each valuable article is totally owned by the
customer. or shall have attached to such declaration a power of sale from the
partial owner to the customer. how long the customer has owned each piece of
property. whether the customer or someone else found the property. and. if the
property was found. the details of the finding.
If the purchase transaction involves more than one item, each item shall be
recorded on the license holder's register and on the customer's declaration of
ownership.
The customer shall sign his or her name in such register and on the declaration of
ownership and receive a copy of the contract of purchase or a receipt for the
purchase transaction.
The customer shall affix a right index fingerprint to the declaration of ownership.
The customer shall affix an electronic photo to the declaration of ownership .
Such register shall be made available to any local law enforcement agency for
inspection at any reasonable time.
The purchaser of valuable articles shall keep each register for at least three (3)
years after the date of the last transaction entered in the register.
A purchaser of valuable articles license holder shall hold all property purchased by
him or her ef from thirty (30) days following the date of purchase, during which
time such property shall be held separate and apart from any other tangible
personal property, and shall not be changed in form or altered in any way.
Every purchaser of valuable articles license holder shall provide the local law
enforcement agency, on a weekly basis, with two (2) copies of the records , on a
form to be provided or approved by the Local Law Enforcement Agency of all
valuable articles purchased during the preceding week and one copy of the
customer's declaration of ownership form. The form shall contain the same
information required to be recorded in the license holder's register pursuant to
subsection A of this Section. The Local Law Enforcement Agency shall designate
the day of the week on which the records and declarations shall be submitted. In
addition. if a valuable articles license holder or purchaser has over fifty (50)
transactions a week. an electronic record of the transaction including a photo of the
customer shall be submitted daily.
Every purchaser of valuable articles license holder shall pay to the City a fee for
every transaction form . This fee is imposed to offset the cost of administering this
license . This fee shall be determined by the City and set by resolution .
7
-b. 11. Every purchaser of valuable articles license holder shall, at his/her expense, keep
records or provide reports in such manner and by such methods as may be • determined from time to time by the Local Law Enforcement Agency or the
Licensing Officer.
M 12 . No purchaser of valuable articles license holder, employee, or agent of the
purchaser of valuable articles license holder shall purchase any valuable article
from any person under the age of eighteen (18) years or from any person under the
influence of alcoholic beverage or drugs.
N 13. No purchaser of valuable articles license holder, employee, or agent of the
purchaser of valuable articles license holder shall purchase any valuable article
from any person known to be a thief or to have been convicted of larceny or
burglary, without first notifying the Local Law Enforcement Agency. Such notice
shall not be deemed as authorization by the City for the purchaser of valuable
articles to make a purchase from such person.
G 14. No purchaser of valuable articles license holder shall take any valuable article
from a customer on consignment.
p 15 . No purchaser of valuable articles license holder, employee or agent of a purchaser
of valuable articles license holder shall purchase any valuable article wherein the
identification number, serial number, model number, brand name, owner's
identification number or other identifying marks on such property have been
totally or partially obscured.
Q 16. Any police officer may order a purchaser of valuable articles license holder to hold • any valuable article for purposes of further investigation. A hold order shall be
effective upon verbal notification to the purchaser of valuable articles license
holder by any police department. No sale or other imposition may be made of such
property held by any purchaser of valuable articles while the hold order remains
outstanding. A hold order shall supersede all other provisions of this Section, and
any sale or other disposition of the property after the purchaser of valuable articles
has been notified by the Local Law Enforcement Agency of a hold order shall be
unlawful and a violation of this Section.
R 17 . If any police officer determines that any valuable article held by a license holder is
stolen or illegally obtained property, such officer may immediately confiscate such
property and must provide the purchaser of valuable articles license holder with a
receipt and case report number.
,s 18 . A license holder who purchases any valuable article from a customer who is not
the owner thereof obtains no title to the article. Ignorance of the fact that the article
was lost or stolen shall not be construed to have any effect on the title . If the
purchaser of valuable articles license holder shall sell such article to a third person,
the license holder shall recover the article or reimburse the fair market value of the
article. The lawful owner may, upon proof of his or her ownership of the article
lost or stolen, claim the same from the license holder or recover the same by the
appropriate legal means. •
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Section 4. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 6 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 7. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 16th day of June, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of
June, 2014 .
9
Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of •
June, 2014 for thirty (30) days.
Read by title and passed on final reading on the 7th day of July, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 11th day of July, 2014.
Published by title on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Randy P. Penn, 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 2014.
Loucrishia A. Ellis
10
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Date
July 7, 2014
INITIATED BY
COUNCIL COMMUNICATION
Agenda Item
11 a i
STAFF SOURCE
Subject
Ordinance to approve
placement of a ballot question
on the November 2014 ballot
regarding trade of Mclellan
Reservoir property.
Englewood Mclellan Reservoir Foundation Michael Flaherty, EMRF Board
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance 41, Series of 1999, established the creation of the Englewood Mclellan Reservoir Foundation
(EMRF), a non-profit corporation charged with furthering the development of the Mclellan Reservoir
property and transferred the property to EMRF.
BACKGROUND
The Board of Director of the Englewood Mclellan Reservoir Foundation (EMRF) has recently met with
principals of Shea Properties regarding the potential lease of EMRF property. However, there are issues that
make the development of the property difficult, at least as currently configured. Shea principals have stated
• that in the current configuration, they would be unable lease the EMRF property.
Shea has proposed that to facilitate a development plan at this time a trade of property between EMRF and
Shea is necessary. The basic terms of trade involve EMRF trading 12.3 acres for 12.3 acres of adjacent Shea
property. (see attached aerial map)
The City Attorney has advised the EMRF Board that a land trade is equivalent to a sale and as such will
require an affirmative vote of the citizens of Englewood to accomplish.
The City Attorney has drafted language for the proposed ballot language, which was discussed with City
Council during the June 16, 2014 Study Session.
RECOMMENDED ACTION
The EMRF Board recommends that City Council approve the proposed bill for an ordinance authorizing a
ballot question on the November 2014 ballot seeking voter approval of the requested property trade.
FINANCIAL IMPACT
The trade of property has no immediate financial impact. However, future leases resulting from the
proposed trade may bring significant revenues.
LIST OF ATTACHMENTS
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Site map of subject property trade
Proposed bill for an ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 41
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION ON
NOVEMBER 4, 2014, A QUESTION TO EXCHANGE UTILITY DEPARTMENT PROPERTY
HELD IN DOUGLAS COUNTY FOR PROPERTY OF SIMILAR OR GREATER VALUE.
WHEREAS, the City of Englewood ("City") is a home-rule municipality organized and
existing under the provisions of the Colorado Constitution Article XX; and
WHEREAS, the Englewood/McLellan Reservoir Foundation (EMRF) was formed to oversee
the development of the McLellan Reservoir property; and
WHEREAS, the imposition of covenants or use restrictions on all lands within the development
area ensure a consistent high level of development; and
WHEREAS, these use restrictions will provide even greater protection to the McLellan
Reservoir's water quality when compared to development without the restriction; and
WHEREAS, these restrictions will create and maintain a greater value for the land that in turn
ensures a long-term income stream to the City; and
WHEREAS, the Board of Directors of the Englewood McLellan Reservoir Foundation (EMRF)
has recently met with principals of Shea Properties regarding the potential lease of approximately
36 acres of EMRF property in Planning Area 81 (PA 81) fronting Lucent Boulevard, between Plaza
Drive and Town Center Drive; and
WHEREAS, there are issues that make the development of the property difficult, at least as
currently configured; and
WHEREAS, among the issues are fixed access points and future roadways along with
topography (need for over-lot grading) and the shallow depth of the two properties in the northwest
comer of the area that make development, particularly since EMRF properties can only be leased,
extremely difficult; and
WHEREAS, a land trade is equivalent to a sale; and
WHEREAS, an affirmative vote of the citizens of Englewood is required to accomplish a sale
under the Englewood Home Rule Charter; and
1
WHEREAS, the Englewood McLellan Reservoir Board has recommended that the trade be
placed on the November 2014 ballot.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. There is hereby submitted to the registered electors of the City of Englewood at the
next scheduled municipal election on November 4, 2014 a question, to read as follows:
Question No.
Shall the Englewood City Council be allowed, by Ordinance, to
exchange Utility property owned in Douglas County for property of
similar or greater value to promote development opportunities that will
generate long-term revenue for the public?
___ Yes ___ No
Section 2. Each elector voting at said election and desirous of voting shall indicate his/her
choice by depressing the appropriate counter of the voting machine or by the appropriate marking
upon paper ballots where used.
•
Section 3. The proper officials of the City of Englewood shall give notice of said next •
scheduled municipal election, such notice shall be published in the manner and for the length of
time required by law, and the ballots cast at such election shall be canvassed and the result
ascertained, determined, and certified as required by law .
Section 4 . Only if the question is approved by the registered electors of the City of
Englewood shall the Englewood Municipal Code be amended.
Section 5. If any section, paragraph, clause, or other portion of this Ordinance is for any
reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any
of the remaining portions of this Ordinance.
Introduced, read in full , and passed on first reading on the 7th day of July, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
July, 2014.
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Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Randy P. Penn, 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 July, 2014.
Loucrishia A. Ellis
3
COUNCIL COMMUNICATION
Date Agenda Item
July 7, 2014
INITIATED BY
Littleton/Englewood WWTP Supervisory
Committee
11 c i
STAFF SOURCE
Subject
L/E WWTP Network
Infrastructure Project -NetApp
Replacement
Jeff Konishi, Director of Information Technology
Cindy Goodburn, L/E WWTP Business Services
Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approval of IT Network Infrastructure Upgrade -October 21, 2013
Council approval of the 2014 Littleton /Englewood WWTP Capital Infrastructure Budget.
Council approval of the L/E WWTP Network Infrastructure Project-Switch Replacement -April 21, 2014.
RECOMMENDED ACTION
•
Staff recommends Council approval, by motion, of an Information Technology Network Infrastructure
upgrade for replacement of Network Storage Modules with a NetApp storage solution at the
Littleton/Englewood WWTP. Staff further recommends awarding the contract to Lewan and Associates,
taking advantage of State of Colorado contract pricing, with a total hardware cost of $140,208.00 and
professional services costs for engineering and implementation in the amount of $35,750.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The L/E WWTP IT infrastructure is simultaneously undergoing a significant hardware overhaul due in part to
the City of Englewood IT Department enterprise-wide upgrade of the network hardware infrastructure and
also due to existing hardware that has exceeded its serviceable life and is failing.
The L/E WWTP enterprise network utilizes Hewlett Packard (HP) Network Storage Modules (NSMs) for
data storage, including all SCADA historical data and disaster recovery. These modules were purchased
over five years ago and are at the end of their serviceable life and no longer eligible for support. Currently,
the L/E WWTP storage capacity is over the recommended threshold due to the way the NSMs store data,
which can and have affected the integrity of the data causing data loss. Additionally, these modules have
been experiencing failures that have necessitated emergency staff response and installation of temporary
solutions to restore data and keep the network operational.
After collaborating with the City IT Department and evaluating several solutions to replace the failing
modules, it has been determined that the best solution is to replace the L/E WWTP HP Network Storage
Modules with a NetApp data storage solution . This new storage solution will consolidate the current six (6)
NSMs down to two (2) NetApps, and at the same time provide the same redundancy, as well as increase
• storage capacity by 50 percent due to the way the NetApps store data allowing for a five (5) to seven (7)
year lifecycle. In addition, this will allow the L/E WWTP to be uniform with the City's NetApp storage, and
allow Information Technology (IT) and the L/E WWTP to provide better support between the two
departments. This solution will align with the City IT Department specifications for enterprise hardware and •
will provide L/E WWTP IT staff with redundancy for network support from City staff, should a failure occur
when L/E staff is unavailable.
This purchase was approved by the L/E WWTP Supervisory Committee at the June 12 , 2014 meeting.
FINANCIAL IMPACT
Funds for this project are included in the 2014 L/E WWTP budget and as a Capital Infrastructure Project
and will be shared 50/50 by the Cities of Englewood and Littleton .
LIST OF ATTACHMENTS
Lewan NetApp Solution Proposal and Professional Services Contract
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Date :
To:
Qt'.
2
4
4
2
2
2
2
2
2
288
2
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2
LEWAN
6/4/2014 A Xerox Company
Englewood Wastewater Treatment Plant
Shawn Miller
Description
F AS2552,HA ,24x600GB , 1 OG,CTL
DSK SHLF,24x600GB ,10K,1P,SK
Rackmount Kit ,Swift,4-Post,Square-Hole
Power Cable ,In-Cabinet,48-IN,C13-Cl4
Cable,SAS Cntlr-Shel£'Shelf-ShelflHA,2m
Cable,Ethernet,2m RJ45 CAT6
Cable ,Ethernet,5m RJ45 CA T6
FAS2552 High Availability System
SW-2,iSCSl ,2552A,-C
SW-2,NFS,2552A,-C
SW-2,CIFS ,2552A,-C
SW-2,FCP ,2552A,-C
OS Enable ,Per-0 . ITB ,ONTAP ,Perf-Stor,lP,-P
SW-2 ,SnapMirror,2552A,-C
W-2,SnapRestore,2552A,-C
S W-2 ,Flexclone,25 52A,-C
SupportEdge Premium 4 hr Onsite w/out Install -Mths :36
Total:
Please issue purchase order to:
Lewan & Associates
1400 S. Colorado Blvd.
Denver, CO 80222
Please fax PO to Shelby Campbell (303) 759-3896.
Remit to address will be:
Lewan & Associates
PO Box 843838
Dallas, TX 75284-3838
Attn: Deborah Nadjary
Terms : Net 30
Submitted by Shelby Campbell 303-968-2322
Quote ID : Englewood WW-NetApp 2552's 6-4-14
NetApp Inc. WSCA/NASPO Master Price Agreement Number : 827170
State contract number: Colorado WSCA 20511 YYY34M/WSCA
$
Net Price
67,961
Extended Price
$ 67 ,961
$ 67,961
LEWAN
A Xerox Company
Date: 6/4/2014
To: Englewood Wastewater Treatment Plant
Shawn Miller
Qt'.
1
1
Description
F AS2552,HA,24x600GB, 1 OG,CTL
DSK SHLF ,2 4x600GB,10K,1P,SK
2 Rackmount Kit,Swift,4-Post,Square-Hole
4 Power Cable,In-Cabinet,48-IN,Cl3-Cl4
4 Cable,SAS Cntlr-Shelf7Shelf-Shelfi'HA,2m
2 Cable,Ethernet,2m RJ45 CA T6
1 Cable,Ethernet,5m RJ45 CA T6
2 FAS2552 High Availability System
2 SW-2,iSCSI,2552A,-C
2 SW-2,NFS,2552A,-C
2 SW-2,CIFS,2552A,-C
2 SW-2,FCP,2552A,-C
288
2
2
2
2
OS Enable,Per-0. lTB,ONTAP,Perf-Stor, lP,-P
SW-2 ,SnapMirror,2552A,-C
W-2,SnapRestore,2552A,-C
SW-2,0nCommand Balance,2552A,-C
S W-2,Flexclone,25 5 2A, -C
SupportEdge Premium 4 hr Onsite w/out Install -Mths:36
Total:
Please issue purchase order to:
Lewan & Associates
1400 S. Colorado Blvd.
Denver, CO 80222
Please fax PO to Shelby Campbell (303) 759-3896.
Remit to address will be:
Lewan & Associates
PO Box 843838
Dallas, TX 75284-3838
Attn: Deborah Nadjary
Terms: Net 30
Submitted by Shelby Campbell 303-968-2322
Quote ID: Englewood WW-NetApp 2552's 6-4-14
NetApp Inc. WSCA/NASPO Master Price Agreement Number: 827170
State contract number: Colorado WSCA 20511 YYY34M/WSCA
•
Net Price Extended Price
$ 70,826 $ 70,826
•
$ 70,826
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A Xerox Company
Date: 6/4/2014
To: Englewood Wastewater Treatment Plant
Shawn Miller
QU'.
1
Description
Lewan Engineering Services for 2-site NetApp FAS deployment
• Rack and stack equipment
• Initialization of array controllers
• Apply customer licenses and enable and configure NFS/FC/iSCSI
protocols (as needed) on each controller
•Firmware upgrades (validate DOT release loaded at factory is
latest recommended release)
• OnCommand System Manager installation on a management host
•Virtual Storage Console installation on a vCenter or management
host (for VMware vSphere I Citrix XenServer environments)
• Creation of aggregates, volumes and LUNs using System
Manager and/or VSC
•Basic CIFS protocol setup with AD integration (data migration
not in scope)
• Basic snapshot scheduling setup
•Demonstration ofrecovery from snapshots (volume-level, LUN-
level , VM-level, file-level) (pre-sales to set expectations with
customer based on licensing)
• Configuration of NetApp SnapMirror and demonstration of
failover and failback process
• Enable and verify Auto Support
Total:
Please issue purchase order to:
Lewan & Associates
1400 S. Colorado Blvd.
Denver, CO 80222
Please fax PO to Shelby Campbell (303) 759-3896.
Terms: Net 30
Submitted by Shelby Campbell 303-968-2322
Quote ID: Englewood WW-NetApp 2552's 6-4-14
$
Net Price
15,750
Extended Price
$ 15,750
$ 15,750
,,~ ..
LEWAN
A Xemx Company
Date: 6/4 /2014
To : Englewood Wastewater Treatment Plant
Shawn Miller
Qll'.
4
Description
Consulting Day < 6 , ZA Exp . lyr from PO (Unused T&M expires 1 $
year from invoice . All T &M Day purchases require a minimum of 4
hours, and may not exceed 8 hours ,
within a Single Calendar Day . There is no refund or credit for
unused days .)
Total:
Please issue purchase order to:
Lewan & Associates
1400 S. Colorado Blvd.
Denver, CO 80222
Please fax PO to Shelby Campbell (303) 759-3896.
Terms: Net 30
Submitted by Shelby Campbell 303-968-2322
Quote ID : Englewood WW-NetApp 2552's 6-4-14
NetApp Inc . WSCA/NASPO Master Price Agreement Number: 827170
State contract number : Colorado WSCA 20511 YYY34M/WSCA
•
Net Price Extended Price
2,500 $ 10,000
$ 10,000
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THIS CONTRACT IS TO BE USED FOR PROFESSIONAL SERVICES
(PROFESSIONAL SERVICE PROJECTS
TO INCLUDE A STATEMENT OF WORK)
EXAMPLES: ENGINEERS, ARCHITECTS,
AND CONSULTANTS
08/2010
Do not include this cover page *For internal purposes 011/y*
PROFESSIONAL SERVICES AGREEMENT
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 peliorm such services on behalf of City on the terms and conditions
set forth herein.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below
shall be defined as follows:
(a) "Intellectual Property Rights"
shall mean any and all (by whatever name or
term known or designated) tangible and
intangible and now known or hereafter existing
(1) rights associate with works of authorship
throughout the universe, including but not
limited to copyrights, moral rights, and mask-
works, (2) trademark and trade name rights
and similar rights, (3) trade secret rights, (4)
patents, designs, algorithms and other
industrial property rights, (5) all other
intellectual and industrial property rights (of
every kind and nature throughout the universe
and however designated) (including logos,
"rental" rights and rights to remuneration),
whether arising by operation of law, contract,
license, or otherwise, and (6) all registrations,
initial applications, renewals, extensions,
continuations, divisions or reissues hereof now
or hereafter in force (including any rights in any
of the foregoing).
(b) "Work Product" shall mean all
patents, patent applications, inventions,
designs, mask works, processes,
methodologies, copyrights and copyrightable
works, trade secrets including confidential
information, data, designs, manuals, training
materials and documentation, formulas,
knowledge of manufacturing processes,
methods, prices, financial and accounting data,
products and product specifications and all
other Intellectual Property Rights created,
developed or prepared, documented and/or
delivered by Consultant, pursuant to the
provision of the Services.
2. Statements of Work. During the term
hereof and subject to the terms and conditions
contained herein, Consultant agrees to
provide, on an as requested basis, the
consulting services, systems integration
services, data conversion services, training
services, and related services (the "Services")
as further described in Schedule A (the
"Statement of Worln for City, and in such
additional Statements of Work as may be
executed by each of the parties hereto from
time to time pursuant to this Agreement. Each
Statement of Work shall specify the scope of
work, specifications, basis of compensation
and payment schedule, estimated length of
time required to complete each Statement of
Work, including the estimated start/f111ish
dates, and other relevant information and shall
incorporate all terms and conditions contained
in this Agreement
3. Performance of Services.
(a) Performance. Consultant shall
peliorm 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.
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(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, Vendor 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 shaU provide reasonable detail as
to the basis for the dispute. The parties shall
then attempt to resolve the disputed portion of
such invoice as soon as possible. Upon
resolution of the disputed portion, City shall
pay to Consultant the resolved amount.
5. Taxes. City is not subject to
taxation. No federal or other taxes (excise,
luxury, transportation, sales, etc.) shall be
included in quoted prices. City shall not be
obligated to pay or reimburse Consultant for
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income, capital, net worth,
franchise, privilege, any other taxes, or
assessments, nor any of the foregoing
imposed on or payable by Consultant. Upon
written notification by City and subsequent
verification by Consultant, Consultant shall
reimburse or credit, as applicable, City in a
timely manner, for any and all taxes
erroneously paid by City. City shall provide
Consultant with, and Consultant shall accept in
good faith, resale, direct pay, or other
exemption certificates, as applicable .
6. Out of Pocket Expenses. Consultant
shall be reimbursed only for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City, provided Consultant has
furnished such documentation for authorized
expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and
inspectors as City may designate with
reasonable access to all sites from which
Services are performed for the purposes of
performing audits or inspections of
Consultant's operations and compliance with
this Agreement. Consultant shall provide such
auditors and inspectors any reasonable
assistance that they may require. Such audits
shall be conducted in such a way so that the
Services or services to any other customer of
Consultant are not impacted adversely.
8. Tenn and Tennination. The term of
this Agreement shall commence on the
Effective Date and shall continue unless this
Agreement is terminated as provided in this
Section 8.
(a) Convenience. City may, without
cause and without penalty, terminate the
provision of Services under any or all
Statements of Work upon thirty (30) days prior
written notice. Upon such termination, City
shall, upon receipt of an invoice from
Consultant, pay Consultant for Services
actually rendered prior to the effective date of
such termination. Charges will be based on
time expended for all incomplete tasks as
listed in the applicable Statement of Work, and
all completed tasks will be charged as
indicated in the applicable Statement of Work .
(b) No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with at
least thirty (30) days prior written notice of
termination if there are no outstanding
Statements of Work.
(c) Material Breach. If either party
materially defaults in the performance of any
term of a Statement of Work or this Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
terminate this Agreement or any or all
outstanding Statements of Work by providing
ten (10) days prior written notice of termination
to the defaulting party.
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the event the other party: (1)
makes a general assignment of all or
substantially all of its assets for the benefit of
its creditors; (2) applies for, consents to, or
acquiesces in the appointment of a receiver,
trustee, custodian, or liquidator for its business
or all or substantially all of its assets; (3) files,
or consents to or acquiesces in, a petition
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 dismissed
within sixty (60) days after it was filed.
(e) TABOR. The parties understand
and acknowledge that each party is subject to
Article X, § 20 of the Colorado Constitution
("TABOR"). The parties do not intend to
violate the terms and requirements of TABOR
by the execution of this Agreement. It is
understood and agreed that this Agreement
does not create a multi~fiscal year direct or
indirect debt or obligation within the meaning of
TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City's
current fiscal period ending upon the next
succeeding December 31. Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and
otherwise made available in accordance with
the rules, regulations, and resolutions of City
and applicable law. Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated.
(f) Return of Property. Upon
termination of this Agreement, both parties
agree to return to the other all property
(including any Confidential Information, as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations. City will provide
timely access to City personnel, systems and
information required for Consultant to perform
its obligations hereunder. City shall provide to
Consultant's employees performing its
obligations hereunder at City's premises,
without charge, a reasonable work
environment in compliance with all applicable
laws and regulations, including office space,
furniture, telephone service, and reproduction,
computer, facsimile, secretarial and other
necessary equipment, supplies, and services.
With respect to all third party hardware or
software operated by or on behalf of City, City
shall, at no expense to Consultant, obtain all
consents, licenses and sublicenses necessary
for Consultant to perform under the Statements
of Work and shall pay any fees or other costs
associated with obtaining such consents,
licenses and sublicenses.
10. Staff. Consultant is an independent
consultant and neither Consultant nor
Consultant's staff is, or shall be deemed to be
employed by City. City is hereby contracting
with Consultant for the Services described in a
Statement of Work and Consultant reserves
the right to determine the method, manner and
means by which the Services will be
performed. The Services shall be performed by
Consultant or Consultant's staff, and City shall
not be required to hire, supervise or pay any
assistants to help Consultant perform the
Services under this Agreement. Except to the
extent that Consultant's work must be
performed on or with City's computers or City's
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existing software, all materials used in
providing the Services shall be provided by
Consultant.
11. Confidential lnfonnation.
(a) Obligations. Each party hereto
may receive from the other party information
which relates to the other party's business,
research, development, trade secrets or
business affairs ("Confidential Information ").
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act, CRS
Section 24-72-101 et. seq ., each party shall
protect all Confidential Information of the other
party with the same degree of care as it uses
to avoid unauthorized use, disclosure,
publication or dissemination of its own
confidential information of a similar nature, but
in no event less than a reasonable degree of
care . Without limiting the generality of the
foregoing, each party hereto agrees not to
disclose or permit any other person or entity
access to the other party's Confidential
Information except such disclosure or access
shall be permitted to an employee, agent ,
representative or independent consultant of
such party requiring access to the same in
order to perform his or her employment or
services. Each party shall insure that their
employees, agents, representatives , and
independent consultants are advised of the
confidential nature of the Confidential
Information and are precluded from taking any
action prohibited under this Section 11 .
Further, each party agrees not to alter or
remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party. A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession, use or knowledge
of Confidential information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which ( 1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
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 will constitute the legal, valid and
binding obligation of such party, enforceable
against such party in accordance with its
terms; and (4) Consultant acknowledges that
City makes no representations, warranties or
agreements related to the subject matter
hereof that are not expressly provided for in
this Agreement
(b) Service Warranty. Consultant
warrants that its employees and consultants
shall have sufficient skill, knowledge, and
training to perform Services and that the
Services shall be performed in a professional
and workmanlike manner.
(c) Personnel. Unless a specific
number of employees is set forth in the
Statement of Work, Consultant warrants it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth in the Statement of Work ..
During the course of performance of Services,
City may, for any or no reason, request
replacement of an employee or a proposed
employee. In such event, Consultant shall,
within five (5) working days of receipt of such
request from City, provide a substitute
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
applicable City security and safety regulations
and policies.
(d) Compensation and Benefits.
Consultant shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions, and benefits (such as, but
not limited to, workers' compensation benefits)
which an employer is required to pay relating
to the employment of employees . City shall not
be liable to Consultant or to any employee for
Consultant's failure to perform its
compensation, benefit, or tax obligations .
Consultant shall indemnify, defend and hold
City harmless from and against all such taxes,
contributions and benefits and will comply with
all associated governmental regulations,
including the filing of all necessary reports and
returns.
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemnify, defend and hold
harmless City, its directors, officers,
employees, and agents and the heirs,
executors, successors, and permitted assigns
of any of the foregoing {the "City lndemnitees·)
from and against all losses, claims, obligations,
demands, assessments, fines and penalties
(whether civil or criminal), liabilities, expenses
and costs (including reasonable fees and
disbursements of legal counsel and
accountants), bodily and other personal
injuries, damage to tangible property, and
other damages, of any kind or nature, suffered
or incurred by a City lndemnitee directly or
indirectly arising from or related to: (1) any
negligent or intentional act or omission 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
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rights of any third party; provided, however,
that the foregoing indemnification obligation
shall not apply to any alleged infringement or
misappropriation based on: (1) use of the
Work Product in combination with products or
services not provided by Consultant to the
extent that such infringement or
misappropriation would have been avoided if
such other products or services had not been
used; (2) any 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 indemnify
which is set forth in this Section 14 shall apply
unless the party claiming indemnification
notifies the other party as soon as practicable
to avoid any prejudice in the claim, suit or
proceeding of any matters in respect of which
the indemnity may apply and of which the
notifying party has knowledge and gives the
other party the opportunity to control the
response thereto and the defense thereof;
provided, however, that the party claiming
indemnification shall have the right to
participate in any legal proceedings to contest
and defend a claim 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 an
additional Insured. Each certificate of
insurance shall provide that the issuing
company shall not cancel, reduce, or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days'
notice of such cancellation, reduction or
material change has been provided to City.
16. Rights in Work Product
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all Intellectual Property Rights in and to
the Work Product produced or provided by
Consultant under any Statement of Work shall
remain the property of Consultant. With
respect to the Work Product, Consultant
unconditionally and irrevocably grants to City
during the term of such Intellectual Property
Rights, a non-exclusive, irrevocable, perpetual ,
worldwide, fully paid and royalty-free license,
to reproduce, create derivative works of,
distribute, publicly perform and publicly display
by all means now known or later developed,
such Intellectual property Rights.
(b) Know-How. Notwithstanding
anything to the contrary herein , each party and
its respective personnel and consultants shall
be free to use and employ its and their general
skills, know-how, and expertise , and to use,
disclose, and employ any generalized ideas,
concepts, know-how, methods, techniques, or
skills gained or learned during the course of
any assignment, so long as it or they acquire
and apply such information without disclosure
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.
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23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails, postage
prepaid, certified mail, return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery. Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto.
24. Assignment This Agreement may not
be assigned by Consultant without the prior
written consent of City. Except for the
prohibition of an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto.
25. Third Party Beneficiaries. This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confer any
rights upon any person or entity not a party to
this Agreement.
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation.
The recitals set forth on the first page of this
Agreement are incorporated into the body of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28. Force Majeure. If performance by
Consultant of any service or obligation under
this Agreement is prevented, restricted,
delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials,
rationing, utility or communications failures,
earthquakes, war, revolution, civil commotion,
acts of public enemies, blockade, embargo or
any law, order, proclamation, regulation,
ordinance, demand or requirement having
legal effect of any governmental or judicial
authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause,
which are beyond the reasonable control of
Consultant, then Consultant shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference. If
the period of such delay exceeds thirty (30)
days, City may, without liability, terminate the
affected Statement of Work(s) upon written
notice to Consultant.
29. Time of Performance. Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30. Pennits. Consultant shall at its own
expense secure any and all licenses, permits
or certificates that may be required by any
federal, state or local statute, ordinance or
regulation for the performance of the Services
under the Agreement. Consultant shall also
comply with the provisions of all Applicable
Laws in performing the Services under the
Agreement. At its own expense and at no cost
to City, Consultant shall make any change,
alteration or modification that may be
necessary to comply with any Applicable Laws
that Consultant failed to comply with at the
time of performance of the Services.
31. Media Releases. Except for any
announcement intended solely for internal
distribution by Consultant or any disclosure
required by legal, accounting, or regulatory
requirements beyond the reasonable control of
Consultant, all media releases, public
announcements, or public disclosures
(including, but not limited to, promotional or
marketing material) by Consultant or its
employees or agents relating to this
Agreement or its subject matter, or including
the name, trade mark, or symbol of City, shall
be coordinated with and approved in writing by
City prior to the release thereof. Consultant
shall not represent directly or indirectly that any
Services provided by Consultant to City has
been approved or endorsed by City or include
the name, trade mark, or symbol of City on a
list of Consultant's customers without City's
express written consent.
32. Nonexclusive Market and Purchase
Rights. It is expressly understood and agreed
that this Agreement does not grant to
Consultant an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services. Consultant
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions.
Estimates or forecasts furnished by City to
Consultant prior to or during the term of this
Agreement shall not constitute commitments.
33. Survival. The provisions of Sections 5,
8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31
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 Allens:
(a) Employees, Consultants and
Sub-consultants: Consultant shall not
knowingly employ or contract with an illegal
alien to perform work under this Contract.
Consultant shall not contract with a sub-
consultant that fails to certify to the Consultant
that the sub-consultant will not knowingly
employ or contract with an illegal alien to
perform work under this Contract. [CRS 8-
17 .5-102(2)(a)(I) & (11).)
(b) Verification: Consultant will
participate in either the E-Verify program or the
Department program, as defined in C.R.S. 8-
17.5-101 (3.3) and 8-17 .5-101 (3 .7),
respectively, in order to confirm the
employment eligibility of all employees who are
newly hired for employment to perform work
under this public contract for services.
Consultant is prohibited from using the E-Verify
program or the Department program
procedures to undertake pre-employment
screening of job applicants while this contract
is being performed.
(c) Duty to Terminate a
Subcontract: If Consultant obtains actual
knowledge that a sub-consultant performing
work under this Contract knowingly employs or
contracts with an illegal alien, the Consultant
shall;
(1) notify the sub-consultant and
the City within three days that the
Consultant has actual knowledge that
the sub-consultant is employing or
contracting with an illegal alien; and
(2) terminate the subcontract
with the sub-consultant if, within three
days of receiving notice required
pursuant to this paragraph the sub-
consultant does not stop employing or
contracting with the illegal alien; except
that the Consultant shall not terminate
the contract with the sub-consultant if
during such three days the sub-
consultant provides information to
establish that the sub-consultant has
not knowingly employed or contracted
with an illegal alien.
(d) Duty to Comply with State
Investigation: Consultant shall comply with
any reasonable request of the Colorado
Department of Labor and Employment made in
the course of an investigation by that the
Department is undertaking pursuant to C.R.S.
8-17 .5-102 (5)
(e) Damages for Breach of Contract:
The City may terminate this contract for a
breach of contract, in whole or in part, due to
Consultant's breach of any section of this
paragraph or provisions required pursuant to
CRS 8-17.5-102. Consultant shall be liable for
actual and consequential damages to the City
in addition to any other legal or equitable
remedy the City may be entitled to for a breach
of this Contract under this Paragraph 34.
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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:~~~..,..-~~~~~~~~~-
(Slgnature)
(Print Name)
Title: ______________ _
Date: ______________ _
ATTEST:
City Clerk
ddress
~oa
P ntN e)
Title:_...,\/{.....,. ........ ,...\ ec;;;a,o,ok~· --~-C...._\ --
j I Date:---~+-+ ......... !?--+-'-( I~-+---
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
[Identification of parties and date of execution]
[Reference to Professional Services Agreement by date)
2. NAMES OF PROJECT COORDINATORS
3 . SUMMARY OF PURPOSE FOR STATEMENT OF WORK
[General description of work or services]
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
5. OTHER CONSUL TANT RESOURCES
[If desired, provide for the Consultant's commitment of its own staff, facilities, and other
resources by nature or item]
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
[Include functional and technical specifications of Work Product and Documentation, and refer
to any specific enhancements that may be sought.]
[Describe prototype or components to be delivered .]
[Include as Deliverables copies of the reports of all project reviews, inspections , and tests
conducted during the course of performance.]
7. SPECIAL TERMS, IF ANY
8. MODE OF PAYMENT
9. PAYMENT SCHEDULE
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City will pay Consultant for the work in accordance with the following payment schedule . All
payments to Consultant are contingent on Consultant's satisfying the Deliverables/Milestones set forth
in the Payment Schedule. Payments shall be made upon City's written confirmation to Consultant
that the Deliverables-Milestones have been satisfied.
[Insert payment schedule]
10 . SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation and delivery of
the Deliverables by Consultant.
Performance
Milestone
Responsible
Party
11. ACCEPTANCE AND TESTING PROCEDURES
12. LOCATION OF WORK FACILITIES
Target
Date
Substantially all of the work will be conducted by Consultant at its regular office located in
City will provide the City office space and support as it agrees may be appropriate, at its
______ facility .
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement
between the parties hereto dated • 20_, the parties have executed this Statement
of Work as of this day of , 20_.
CITY OF ENGLEWOOD, COLORADO
By: ___ _,,.,---------
(Signature>
(Print Name)
Title:-------------
Date:-------------
Company Name
By:-------------(Signature)
(Print Name)
Title:-------------
Date: