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Home My WebLink About2022-09-19 (Regular) Meeting Agenda Packet 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. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, September 19, 2022 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. Study Session will be held from 6:00 pm - 6:30 pm Regular Council Meeting, including public comment, will begin at 7:00 pm To view the meeting, please follow this link to our YouTube live stream link:https://www.youtube.com/watch?v=gt1XPZXFDFc 1. Study Session Topic a. Executive Director Lindsey Gorzalski Hocking will be present to provide an update on Innovative Housing Concepts. 6:00pm to 6:30pm Information Presentation: 15 minutes Discussion: 15 minutes 1a b. Break 6:30pm to 7:00pm 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of September 6, 2022. 5a 6. Appointments, Communications, Proclamations, and Recognition a. Appointment of EEF Board Member 6a 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. 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. Written materials for presentation to Council may be submitted to the City Clerk. a. Danna Liebert, an Englewood resident, will address Council regarding water efficiency plans. Page 1 of 276 Englewood City Council Regular Agenda September 19, 2022 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. b. Susan McRae will address Council. c. Pamela Beets, an Englewood resident, will address Council regarding development. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment at the upcoming City Council meeting on Monday, September 19th, please visit the public comment link to register, or plan to attend the meeting in person at 1000 Englewood Pkwy, Second Floor- Council Chambers. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m Tuesday, September 20th. 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. The Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 50 - Add section of municipal code specifically designating City park properties 9ai Staff recommends City Council approve a Bill for an Ordinance adding Englewood Municipal Code Section 11-4-6, designating park properties within the City. Staff: City Attorney Tamara Niles ii. CB 52 - IGA regarding Hosanna Complex 9aii Staff recommends City Council approve a Bill for an Ordinance Approving Englewood Schools IGA regarding jointly-used property. Staff: City Attorney Tamara Niles iii. CB 53 - Amending EMC so reclassified misdemeanors can be filed and prosecuted in Englewood Municipal Court. 9aiii Staff recommends City Council approve a Bill for an Ordinance amending Englewood Municipal Code to add public offenses reclassified as misdemeanors under Colorado law. Staff: City Attorney Tamara Niles Page 2 of 276 Englewood City Council Regular Agenda September 19, 2022 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. iv. CB 39 - Amending EMC Sections 7-1A-5, 7-1A-9 and 7-1A-16 regarding animal impoundment. 9aiv Staff recommends City Council approve a Bill for an Ordinance Amending Title 7, Chapter 1A, Sections 7-1A-5, 7-1A-9 and 7-1A-16 Of Englewood Municipal Code Regarding Animal Impoundment. Staff: City Attorney Tamara Niles b. Approval of Ordinances on Second Reading. i. CB 45 - IGA with the City of Centennial to provide interconnectivity between traffic signal systems for public benefit. 9bi Staff recommends City Council approve an Ordinance authorizing an Intergovernmental Agreement (IGA) between the City of Centennial and the City of Englewood to fund a portion of the System-to-System Traffic Signal Communication Project. Staff: Deputy Director of Public Works - Engineering and Asset Management Tim Hoos ii. CB 47 - Acceptance of ACOS grant for Bates Logan Park improvements. 9bii Staff recommends City Council approve an Ordinance approving an IGA with Arapahoe County accepting the grant from ACOS for Bates Logan Park Improvements. Staff: Director of Parks, Recreation, Library and Golf Christina Underhill, Communications Coordinator Julie Madden and Manager of Open Space Adrian Torres iii. CB 48 - Amending EMC 5-3B-4 to comply with State Law by eliminating alcohol licensee manager registration. 9biii Staff recommends City Council approve an Ordinance Amending Englewood Municipal Code Section 5-3B-4. Staff: Senior Deputy City Clerk Jackie McKinnon c. Resolutions and Motions 10. Public Hearing Items a. Proposed 2023 Budget Public Hearing 10a 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 51 - Amendment to Fire Code to expand authorized usage of temporary emergency shelters during severe weather. 11ai Staff recommends City Council approve a Bill for an Ordinance amending Englewood Municipal Code Title 8 Chapter 2 Section 8-2-A(B)(9) to amend temporary emergency winter weather sheltering regulations. Staff: City Attorney Tamara Niles Page 3 of 276 Englewood City Council Regular Agenda September 19, 2022 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. ii. CB 49 - Amending EMC regarding solicitation from vehicles and obstructions on streets and sidewalks. 11aii Staff recommends City Council approve a Bill for an Ordinance amending EMC 7-6B-6 regarding solicitation from vehicles, and sidewalk/right of way obstructions. Staff: City Attorney Tamara Niles b. Approval of Ordinances on Second Reading c. Resolutions and Motions 12. General Discussion a. Mayor's Choice i. Consensus to bring forward Proclamation for Emergency Management Month (September) 12ai ii. Consensus to bring forward Proclamation for Conflict Resolution Month (October) 12aii b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 4 of 276 STUDY SESSION TO: Mayor and Council FROM: Lindsey Gorzalski Hocking DEPARTMENT: DATE: September 19, 2022 SUBJECT: Innovative Housing Concepts update to Council DESCRIPTION: Innovative Housing Concepts update RECOMMENDATION: N/A SUMMARY: N/A COUNCIL ACTION REQUESTED: N/A FINANCIAL IMPLICATIONS: N/A Page 5 of 276 Englewood Housing Authority dba Innovative Housing Concepts Lindsey Gorzalski Hocking, Executive Director lgorzalski@innovativehousingconcepts.org Page 6 of 276 Authority Updates •Addition of new Housing Choice Vouchers through the Consolidated Appropriations Act 2022 (P.L. 117-103) •Six vouchers in Englewood program; four in Sheridan •Starting development process for properties in Sheridan •Four plots of land with hopes to build 20-30 affordable units •Partnership with Cohen-Esrey on the LIHTC property on W. Lehow, Trails at Lehow •Development broke ground in September •82 units with a mix of affordability •Partnership with Medici Consulting Group on Bonsai Flats LIHTC development in Sheridan •149 units with a mix of affordability •The Next Step 2-Gen Homelessness Prevention grant with Sheridan School District extended to March 31, 2023 •Currently helping 15 families at-risk of experiencing homelessness; have helped over 40 families to date •Working with Mike Sandgren on implementation of various pieces of the Tri-Cities Homeless Action PlanPage 7 of 276 MINUTES City Council Regular Meeting Tuesday, September 6, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Englewood Work Force Update a) Economic Development Manager Darren Hollingsworth and Stephanie Mufic, Business Services Manager with Arapahoe/Douglas Work were present to provide an overview of key workforce and employment data for Metro Denver. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 6:29 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Joe Anderson Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Cheryl Wink Council Member Jim Woodward COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Clerk Sara Harkness Assistant City Manager Dodd Director of Community Development Power Director of Parks, Recreation, Library, and Golf Underhill Deputy Director of Public Works - Engineering and Asset Management Hoos Deputy Director of Utilities - Operations and Maintenance Roach Page 1 of 10 Draft Page 8 of 276 City Council Regular September 6, 2022 Finance Manager Engel, Finance Department Economic Development Manager Hollingsworth, Community Development Manager of Open Space Torres, Parks, Recreation, Library, and Golf Communications Coordinator Madden, Malley Recreation Center Budget Administrator Nolan, Finance Department Engineer II McCarl, Utilities Sustainability Coordinator Englund, Administration Department Senior Technical Support Specialist Ramirez, Information Technology Officer Lutz Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of August 15, 2022. Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 15, 2022. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Workforce Development Month Proclamation - presented by Mayor Sierra. A Proclamation declaring September 2022 as Workforce Development Month in Englewood, Colorado b) National Hispanic Heritage Month Proclamation -presented by Mayor Sierra. A Proclamation declaring September 15 through October 15 as National Hispanic Heritage Month. 7 Recognition of Scheduled Public Comment Page 2 of 10 Draft Page 9 of 276 City Council Regular September 6, 2022 a) Jacob Gilbert, an Englewood resident, was scheduled to address Council regarding the Chenango lot at Belleview Park but was not present. b) Kathleen Bailey, an Englewood resident, addressed Council regarding the Police Department, flood risk, homelessness and the vesting policy. 8 Recognition of Unscheduled Public Comment a) C.A. Dickerson, an Englewood resident, addressed Council regarding 5G cell towers. b) Steven Kelly, an Englewood resident, addressed Council regarding off-leash dog parks and 5G cell towers. c) Wallace Lukouski, an Englewood resident, addressed Council regarding Jason Park. Council Member Wink responded to Public Comment. The meeting recessed at 7:00 p.m. for a break. The meeting reconvened at 7:10 p.m. with all Council Members present. 9 Consent Agenda Items Council Member Woodward removed Agenda Item 9(b)(iii) from Consent Agenda Council Member Russell removed Agenda Items 9(c)(i-iii) from Consent Agenda. Moved by Council Member Ward seconded by Council Member Nunnenkamp to approve Consent Agenda Items 9(a)(i-ii) and 9(b)(i-ii). a) Approval of Ordinances on First Reading i) CB 45 - Intergovernmental Agreement with the City of Centennial to provide interconnectivity between traffic signal systems for public benefit. COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF CENTENNIAL AND THE CITY OF ENGLEWOOD REGARDING SYSTEM TO SYSTEM COMMUNICATION PROJECT FUNDING. ii) CB 48 - Amending Englewood Municipal Code Section 5-3B-4 COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER WARD Page 3 of 10 Draft Page 10 of 276 City Council Regular September 6, 2022 A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTION 5-3B-4 TO COMPLY WITH STATE LAW BY ELIMINATING ALCOHOL LICENSEE MANAGER REGISTRATION b) Approval of Ordinances on Second Reading. i) CB 40 - Amending Englewood Municipal Code Title 1, Chapter 7, Sections 1-7a-5 And 1-7a-9 ORDINANCE NO. 39, SERIES OF 2022 (COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 1-7A- 5 AND 1-7A-9 OF THE ENGLEWOOD MUNICIPAL CODE TO REDUCE ARRESTS AND IMPROVE EFFICIENCY IN THE SERVICE OF PROCESS FOR MUNICIPAL COURT. ii) CB 44 -Amending Englewood Municipal Code Title 4, Chapter 1, Section 4-1-2 ORDINANCE NO. 40, SERIES OF 2022 (COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 4, CHAPTER 1, SECTION 4-1-2 CONCERNING THE ANNUAL REQUIRED ADOPTION OF THE CITY’S INVESTMENT POLICY. iii) CB 46 - Updating the current off-leash ordinance [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Jim Woodward Seconded by Council Member Cheryl Wink ORDINANCE NO. 40 SERIES OF 2022 (COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP) AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, ARTICLE A, SECTION 7-1A-3 OF ENGLEWOOD MUNICIPAL CODE REGARDING FENCING AT JASON PARK FOR OFF-LEASH DOG PRIVILEGES. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell x Page 4 of 10 Draft Page 11 of 276 City Council Regular September 6, 2022 Cheryl Wink (Seconded By) x Jim Woodward (Moved By) x 6 1 0 Motion CARRIED. c) Resolutions and Motions i) Resolution adopting the Investment Policy Statement (IPS) for the City's 401(a) and 457 Retirement Plan. [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward RESOLUTION NO. 30, SERIES OF 2022 A RESOLUTION AUTHORIZING THE ADOPTION OF THE 401a AND 457 RETIREMENT PLANS INVESTMENT POLICY STATEMENT. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Cheryl Wink x Jim Woodward (Seconded By) x 6 1 0 Motion CARRIED. ii) Resolution to revise vesting period for the 401a retirement plan [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] RESOLUTION NO. 29a, SERIES OF 2022 A RESOLUTION AMENDING THE CITY OF ENGLEWOOD’S ICMA-RC MONEY PURCHASE RETIREMENT PLAN FOR MANAGEMENT STAFF (PLAN), NUMBER 108369. RESOLUTION NO. 29b, SERIES OF 2022 Page 5 of 10 Draft Page 12 of 276 City Council Regular September 6, 2022 A RESOLUTION AMENDING THE CITY OF ENGLEWOOD’S ICMARC NONEMERGENCY EMPLOYEES MONEY PURCHASE PLAN (PLAN), NUMBER 108371. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Cheryl Wink For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink (Seconded By) x Jim Woodward x 5 2 0 Motion CARRIED. iii) Contract with Bridge House [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Approval of a contract between the City of Englewood and Bridge House for capital needs related to the build out of a Ready to Work program site at 4675 South Windemere Street in Englewood, Colorado. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward x 6 1 0 Motion CARRIED. Moved by Council Member Steven Ward Page 6 of 10 Draft Page 13 of 276 City Council Regular September 6, 2022 Seconded by Council Member Chelsea Nunnenkamp Motion to approve Consent Agenda items9(a)(i-ii) and 9(b)(i-ii). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Cheryl Wink x Jim Woodward x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 47 - IGA with Arapahoe County accepting a grant from ACOS for Bates Logan Park Improvements Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY OPEN SPACE (ACOS) GRANT IN THE AMOUNT OF $500,000 FOR BATES LOGAN PARK RENOVATION. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Page 7 of 10 Draft Page 14 of 276 City Council Regular September 6, 2022 Cheryl Wink x Jim Woodward (Moved By) x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. (See Agenda Items 9(b)(i-iii).) c) Resolutions and Motions i) GoEV presentation to Council regarding sustainability Moved by Council Member Cheryl Wink Seconded by Council Member Jim Woodward Motion to approve Agenda Item 11(c)(i). Discussion ensued. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward Motion to amend the GoEV Resolution by removing the bullet point - Work with and encourage taxis and transportation network companies (TNCs), like Uber and Lyft, to transition ride-hailing services to zero- emission vehicles and replace the word "chair" with the word "member" for the Diversity, Equity, and Inclusion Committee. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Cheryl Wink x Jim Woodward x 6 1 0 Motion CARRIED. Moved by Council Member Cheryl Wink Seconded by Council Member Steven Ward Page 8 of 10 Draft Page 15 of 276 City Council Regular September 6, 2022 RESOLUTION ESTABLISHING AN ELECTRIC VEHICLE (EV) ACTION PLAN FOR THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Cheryl Wink (Moved By) x Jim Woodward x 3 4 0 Motion DEFEATED ii) Electrical, Instrumentation, and Control improvements at the City’s Water System Facilities Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward Approval of a series of contracts with contractors in three distinct fields for Electrical, Instrumentation, and Control improvements at the City’s Water System Facilities, including the Allen WTP and remote pump stations For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Cheryl Wink x Jim Woodward (Seconded By) x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report Page 9 of 10 Draft Page 16 of 276 City Council Regular September 6, 2022 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 9:05 p.m. Senior Deputy City Clerk Page 10 of 10 Draft Page 17 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Shawn Lewis DEPARTMENT: City Manager's Office DATE: September 19, 2022 SUBJECT: Appointment of EEF Board Member DESCRIPTION: Approval of EEF Board Member RECOMMENDATION: Staff recommends that Council consider, by vote, appointment of a member of the board of the Englewood Environmental Foundation, Inc. (EEF). PREVIOUS COUNCIL ACTION: • January 22, 2019- Study Session on EEF board membership • March 15, 2021- Approval of board membership for EEF and EMRF SUMMARY: Maria D'Andrea, former Director of Public Works, served concurrently as the President of EEF during her time of employment with the City. Given that she left employment with the City at the end of August and her former seat on the board of EEF is now vacant, staff requests that, compliant to the EEF bylaws, Council consider appointing Tim Dodd, Assistant City Manager and Interim Public Works Director, to this position. ANALYSIS: The fourth amendment to the EEF by-laws, modify paragraph 10 of the bylaws adopted on December 29, 1998, relative to the filling of vacancies on the EEF board. The amendments: • Changed Paragraph 4-G in its entirety to read: "4-G. Vacancy. Any vacancy occurring in the Corporation's Board of Directors shall be filled by the City Council of the City of Englewood"; and • Changed Paragraph 5-E in its entirety to read "5-E. Vacancy. Should a vacancy exist in the Board of Directors, the position shall remain unfilled until such position is filled on a permanent basis by the City Council of the City of Englewood." Traditionally, the Public Works Director served as the President of EEF, and this role is included in the job description for the director position. Former Public Works Director Maria D'Andrea ended employment with the City the last week in August, and her seat on the EEF board has remained vacant since. Appointing Tim Dodd to the EEF board will: • Ensure that the Public Works Department retains a presence on the board; and • Allow for the implementation of a strategic plan goal to dissolve EEF. If appointed and unless directed otherwise by Council, Assistant City Manager Dodd will serve until EEF is dissolved. Page 18 of 276 COUNCIL ACTION REQUESTED: Staff requests that Council consider appointing Tim Dodd, Assistant City Manager and Interim Public Works Director, as a member of the board of EEF. FINANCIAL IMPLICATIONS: No fiscal implications are related to the replacement of a seat on the board of EEF. CONNECTION TO STRATEGIC PLAN: Outcome Area: Infrastructure and Transportation Goal: Sustainable Infrastructure funding Project: Dissolve the Englewood Environmental Foundation (EEF) and pay off debt OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: EEF Bylaws- Fourth Amendment Page 19 of 276 FOURTH AMENDMENTTO THE BY-LAWS OF THE ENGLEWOOD ENVIRONMENTAL FOUNDATION,INC. (“the Corporation”) Pursuant to the provisions of the Colorado Revised Non-Profit Corporation Act,and Paragraph 10 of these By-Laws as approved on December 29,1998,the undersigned corporation adopts the following Amendments to its Bylaws: 1.Title.Such amended by-laws shall be known as the Fourth Amended Bylaws of Englewood Environmental Foundation,Inc. 2.Paragraph 4-G is hereby amended in its entirety to read as follows: 4-G.Vacancy.Any vacancy occurring in the Corporation’s Board of Directors shall be filled by the City Council of the City of Englewood. 3.Paragraph 5—Eis hereby amended in its entirety to read as follows: 5—E.Vacancy.Should a vacancy exist in the Board of Directors,the position shall remain unfilled until such position is filled on a permanent basis by the City Council of the City of Englewood. AS APPROVED BY THE BOARD OF DIRECTORS OF ENGLEWOOD ENVIRONMENTAL FOUNDATION,INC.,ON THE 9th DAY OF APRIL,2021. M Z7 By:a ,President 2‘ Effective date:'77 ,2021 Page 20 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: September 19, 2022 SUBJECT: CB 50 - Approve a bill for an ordinance Adding Englewood Municipal Code Section 11-4-6, designating park properties within the City DESCRIPTION: CB 50 - As directed by Citizen Ballot Initiative 300 adopted in 2013, add section of municipal code specifically designating City park properties RECOMMENDATION: Approve a bill for an ordinance Adding Englewood Municipal Code Section 11-4-6, designating park properties within the City SUMMARY: On the 5th day of November, 2013, Englewood voters approved an Initiated Ballot Question designating certain parks within the City by a vote of 6,366 in favor and 972 against. The approved ballot question mandated inclusion of park designations within Englewood Municipal Code. It appears that through an oversite, these park designations were not implemented into Municipal Code immediately after the vote. The proposed Council Bill creates Municipal Code Section 11-4-6, and mirrors the specific language of the Initiated Ballot Question. The ballot question also stated that parks listed in the 2006 Parks Master Plan be included in Municipal Code, and after a review of the 2006 Master Plan, we confirmed that all parks listed in the new proposed Section 11-4-6 include all of the parks described in the plan. COUNCIL ACTION REQUESTED: Approve a bill for an ordinance Adding Englewood Municipal Code Section 11-4-6, designating park properties within the City FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Council Bill Page 21 of 276 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 50 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO ESTABLISH DESIGNATED PARKS WITHIN THE CITY OF ENGLEWOOD WHEREAS, on the 5th day of November, 2013, Englewood voters approved an Initiated Ballot Question designating certain parks within the City by a vote of 6,366 in favor and 972 against; and WHEREAS, the ballot question mandated inclusion of park designations within Englewood Municipal Code; and WHEREAS, as directed by the provisions of the approved ballot question, designated parks are hereby incorporated into Englewood Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Title 11, Chapter 4, Section 11-4-6 of Englewood Municipal Code is hereby created to read as follows (new provisions in italics): 11-4-6 Designated Park Properties. In addition to land dedicated as a City park, the following is designated as park property within the City of Englewood in order to protect the people of Englewood and their right to vote on the sale of park property: Baker Park, 2200 W. Wesley Ave. Barde Park, 3150 S. Downing St. Bates-Logan Park, 2938 S. Logan St. Belleview Park, 5001 S. Inca Dr. Centennial Park, 4630 S. Decatur St. Clarkson Park, 2795 S. Clarkson St. Cushing Park, 700 W. Dartmouth Ave. Depot Park, 601 W. Dartmouth Ave. Duncan Park, 4880 S. Pennsylvania St. Emerson Park, 2929 S. Emerson St. Page 22 of 276 2 Hosanna Athletic Complex, 3700 S. Logan St. Jason Park, 4299 S. Jason St. Miller Fields, 3600 S. Elati St. Romans Park, 1800 E. Floyd Ave. Rotolo Park, 4401 S. Huron St. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to Page 23 of 276 3 execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 19th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of September, 2022 for thirty (30) days. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 19th day of September, 2022. Stephanie Carlile Page 24 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: September 19, 2022 SUBJECT: CB 52 - Approve a bill for an ordinance authorizing Englewood Schools Intergovernmental Agreement (IGA) regarding jointly- used property DESCRIPTION: CB 52 - IGA replaces November 2020 agreement that did not include joint responsibilities for Hosanna Complex RECOMMENDATION: Approve a bill for an ordinance authorizing an IGA with Englewood Schools SUMMARY: The City and Englewood Schools have entered into multiple Agreements for the shared use, service, maintenance and joint activities utilizing District properties. In November, 2020, the Parties entered into an Intergovernmental Agreement, consolidating the Parties’ multiple past agreements into a single agreement describing their respective obligations regarding jointly- utilized real property. That agreement, however, excluded the parties’ agreements regarding Hosanna Complex, so an additional IGA is required to address Hosanna Complex. This IGA is identical to the November 2020 IGA and repeals and replaces a series of prior IGAs with a single IGA, except that it also provides the parties’ agreement regarding Hosanna Complex as follows: The Parties’ Agreement, Storm Water Detention Area dated June 6, 1983, authorized by Ordinance 17, Series of 1983, creates a perpetual easement for a stormwater detention area, and the Parties recognize and agree that the easement and that Agreement remain in full force and effect except as specifically amended herein. Paragraph 5(B)(including subsections 1-5) of the Agreement is repealed and amended to read as follows: The City shall maintain, at its sole cost and expense, the portions of the stormwater detention area constituting the gravity outfall pipe and headwalls on either end of the pipe including cleaning the pipe and removing debris that may block it, and other concrete/rock elements constituting the gravity drainage system and intended to prevent the City of Englewood from experiencing a significant stormwater/flooding event. Except as specifically listed above, all other obligations, maintenance, repairs, and other costs for Hosanna Complex and its use as a stormwater detention area, including maintenance or replacement of structures, landscaping, mowing (including in the overflow spillway area to prevent excessive soil erosion), keeping the area clear of any structures or obstructions that would interfere with stormwater detention or overflow, and equipment (such as dewatering pumps connected to the underdrain system Page 25 of 276 beneath the playing fields and used to dewater the area during dry times), shall be at the sole cost and expense of District. The City shall obtain the District’s consent prior to making a major repair or reconstruction of a stormwater detention element for which it is responsible, if it may interfere with the District’s use of Hosanna Complex. The City's standard agenda practice is to attach the proposed IGA, already executed by the other party. The City has not yet received the executed IGA from Englewood Schools, but staff has been advised that it has been approved and signed. COUNCIL ACTION REQUESTED: Adopt council bill approving Intergovernmental Agreement with Englewood Schools FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Council Bill #52 IGA Page 26 of 276 1 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 52 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 (ENGLEWOOD SCHOOLS) WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, on the 2nd day of November, 2020, the City of Englewood adopted Ordinance No. 47, Series of 2020, approving a comprehensive Intergovernmental Agreement with Englewood Schools for the shared use, service, maintenance and joint activities utilizing District properties; and WHEREAS, that Intergovernmental Agreement did not address the parties’ joint use rights and obligations regarding Hosanna Complex; and WHEREAS, the parties desire to enter into a new comprehensive Intergovernmental Agreement for the shared use, service, maintenance and joint activities utilizing District properties, including Hosanna Complex. 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 execution of an Intergovernmental Agreement by and between the CITY OF ENGLEWOOD and the ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, also known as Englewood School District, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. General Provisions Applicable to this Ordinance. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: Page 27 of 276 2 A. 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 its application to other persons or circumstances. B. 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. C. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. D. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 19th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of September, 2022. for thirty (30) days. Othoniel Sierra, Mayor Page 28 of 276 3 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 19th day of September, 2022. Stephanie Carlile Page 29 of 276 1 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, is entered into this ____ day of ________________, 2022, by and between the CITY OF ENGLEWOOD, a Colorado Home Rule Municipality, (“City”) and the ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 (“Englewood School District” or “District”). W I T N E S E T H WHEREAS, the Parties entered into multiple Agreements for the shared use, service, maintenance and joint activities utilizing District properties; and WHEREAS, in November, 2020, the Parties entered into an Intergovernmental Agreement, consolidating the Parties’ multiple past agreements into a single agreement describing their respective obligations regarding jointly-utilized real property; and WHEREAS, that Agreement did not include the Parties’ agreements regarding Hosanna Complex; and WHEREAS, the Parties desire to enter into a new Intergovernmental Agreement to replace the November 2020 agreement, describing their respective obligations regarding jointly-utilized real property, including Hosanna Complex. NOW THEREFORE, in consideration of the mutual agreements and promises herein contained, and subject to the terms and conditions hereinafter stated, City and District understand and agree as follows: 1. PURPOSE AND SCOPE OF AGREEMENT: The purpose of this Agreement is to memorialize the understandings between City and District for the shared provision of recreational services and facilities to benefit the community. 2. TERMINATED AGREEMENTS: The following Agreements are recognized as either expired or repealed by separate action: a. Ordinance 66, Series of 2013 – Flat 14ers Initiative Project, which was a movement-based initiative to challenge individuals to virtually climb Colorado’s 14ers by designating Englewood Parks, paths, walking trails and Englewood School spaces. Participants would walk a designated space a certain number of times gathering enough steps to climb a designated 14er. The initiative is no longer in operation at City or District properties. b. Ordinance 37, Series of 2011 – Community Gardens at Charles Hay and Clayton Elementary Schools. City, through an IGA with District, assisted District in grant funding and implementation. City no longer has a role in the grant funding and implementation, in addition District currently manages these gardens, and City has no continuing role in the garden operations. c. Ordinance 36, Series of 1998 – Clayton Elementary Athletic Field. Prior to the school being reconstructed City utilized the athletic field for various sports league use. Since the reconstruction of the elementary school, the athletic field was reduced in size and now contains a slope for storm water run-off. These changes make it undesirable for team functions. d. Ordinance 38, Series 2005 – Defining the joint responsibility between City and District for the use of the Sinclair Basketball and Inline Hockey Rink areas. The Inline Hockey Rink is being used for pickle ball and is no longer used for inline hockey. The project was funded in part by Open Space funds which are no longer available. Page 30 of 276 2 e. Ordinance 14, Series of 2013 – Provided City would contribute funds for improvements to the gymnasium at Colorado’s Finest Alternative High School (CFHSC). In exchange, City would be allowed first priority use of the facility outside of school hours, and all fees and costs would be waived for City. City no longer utilizes the facility. f. Ordinance 63, Series of 2013 - Consolidated previous shared service and joint activity intergovernmental agreements, modified existing agreements concerning Hosanna Complex, and authorized applications for grants. The Parties’ Agreement, Stormwater Detention Area, authorized by Ordinance 17, Series of 1983 and creating a perpetual easement for a stormwater detention area, is not amended or repealed, except as specifically provided below. g. Ordinance 47, Series of 2020 – Intergovernmental Agreement detailing comprehensive agreement of the Parties, replaced by this Intergovernmental Agreement. 3. DUTIES OF ENGLEWOOD: a. City agrees to cover all damages caused by City programs and not caused by normal wear and tear to the CFHSC gymnasium used for its summer youth programs. b. City will improve and maintain the athletic field on the East side of CFHSC at no cost to District, and any revenues earned from field rentals will belong solely to City. c. City will continue to maintain and schedule the use of the outdoor basketball and pickleball courts at CFHSC. d. City will maintain the adjacent CFHSC parking lot at no cost to District including any required resurfacing. e. City agrees to cover the cost of any damage when using the Auditorium during the summer months and not caused by normal wear and tear to the Fisher Auditorium for a summer drama program at the Englewood Campus. f. City shall not use any materials or leave sets or equipment at the Auditorium or shop area at the end of the summer drama program. g. City shall pay for its use of any and all other District facilities, based on the attached fee schedule for youth or adult participation as appropriate. Said fee schedule shall be made available when it is completed. 4. DUTIES OF DISTRICT: a. District will provide full access as required by City for its program needs and provide custodial services for the use of the CFHSC gymnasiums. b. District grants City full use of the athletic fields on the East side of CFHSC outside of regular school hours. c. All associated utilities and water usage expenses from the use of the athletic fields will be paid by District. Page 31 of 276 3 d. District grants to City the full use of the Fisher Auditorium at the Englewood Campus during the summer months at established youth rates in order to facilitate a successful summer drama program. e. District shall provide City access to the shop area at the Fisher Auditorium for the construction of sets for the summer drama program. 5. MUTUAL DUTIES OF DISTRICT AND CITY: a. City and District personnel will work together to develop a property status checklist for the CFHSC gymnasium no later than June 1 of each year. b. City and District personnel will work together to develop a property status checklist for the Fisher Auditorium no later than June 1 of each year. c. City and District personnel will meet at least every other month in each calendar year to discuss logistics, expectations and to ensure positive and productive communications in support of this Agreement. 6. AMENDMENT OF AGREEMENT STORMWATER DETENTION AREA, HOSANNA COMPLEX: The Parties’ Agreement, Storm Water Detention Area dated June 6, 1983, authorized by Ordinance 17, Series of 1983, creates a perpetual easement for a stormwater detention area, and the Parties recognize and agree that the easement and that Agreement remain in full force and effect except as specifically amended herein. Paragraph 5(B)(including subsections 1-5) of the Agreement is repealed and amended to read as follows: The City shall maintain, at its sole cost and expense, the portions of the stormwater detention area constituting the gravity outfall pipe and headwalls on either end of the pipe including cleaning the pipe and removing debris that may block it, and other concrete/rock elements constituting the gravity drainage system and intended to prevent the City of Englewood from experiencing a significant stormwater/flooding event. Except as specifically listed above, all other obligations, maintenance, repairs, and other costs for Hosanna Complex and its use as a stormwater detention area, including maintenance or replacement of structures, landscaping, mowing (including in the overflow spillway area to prevent excessive soil erosion), keeping the area clear of any structures or obstructions that would interfere with stormwater detention or overflow, and equipment (such as dewatering pumps connected to the underdrain system beneath the playing fields and used to dewater the area during dry times), shall be at the sole cost and expense of District. The City shall obtain the District’s consent prior to making a major repair or reconstruction of a stormwater detention element for which it is responsible, if it may interfere with the District’s use of Hosanna Complex. 7. TERM OF THE AGREEMENT: This Agreement shall be effective upon mutual execution and shall be in effect for a period of five (5) years. 8. RENEWAL OF THE AGREEMENT: This Agreement may be renewed for five (5) additional years at the end of the current period. All renewals must be in writing and executed by both parties. Each party reserves the right to elect not to renew the agreement after expiration of Page 32 of 276 4 the current term. If either party intends not to renew the Agreement it shall give notice of such intent at least ninety (90) days prior to expiration of the then current term of the Agreement. 9. 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 shall be interpreted in conformance with TABOR. 10. NOTICE: All notices concerning this Agreement shall be made: To Englewood Public Schools attn: Superintendent of Schools 4101 S. Bannock St. Englewood, CO 80110 To City of Englewood attn: City Manager 1000 Englewood Parkway Englewood, CO 80110 11. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance by one Party constitute or be construed to be a waiver by that Party of any breach of a term, covenant, or condition or any default which may then exist on the part of another Party. When any such breach or default shall exist, it shall not impair or prejudice any right or remedy available to the non-breaching Party with respect to such breach or default; and no assent, expressed or implied to any breach of any one or more terms, covenants, or conditions of the Agreement shall be construed as a waiver of any succeeding or other breach. 12. VENUE, GOVERNING LAW: Each and every term, condition, or covenant of this Agreement is subject to and shall be construed in accordance with the provisions of the laws of the state of Colorado and any rules and regulation enacted in conformance therewith, including any applicable federal law, municipal charter, ordinance, rule or regulation. 13. INSURANCE: Each Party may be self-insured as required by Colorado law, or may acquire insurance to insure the activities undertaken in this Agreement. The cost of any such insurance shall be borne exclusively by the Party obtaining such insurance and each Party shall determine what coverage if any is required. 14. COLORADO GOVERNMENTAL IMMUNITY ACT: The Parties agree that the Parties are relying upon, and have not waived, the monetary limitations and all other rights, immunities and protection provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq. 15. INDEMNIFICATION AND LIABILITY OF PARTIES: Each of the Parties shall be responsible for any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees, incurred as a result of any act or omission by that Party, or its officers in connection with the subject matter of this Agreement. 16. BEST EFFORTS: The Parties agree to work diligently together and in good faith, using their best efforts to resolve any unforeseen issues and disputes, to expeditiously review and approve submittals and effect the orderly execution of the above-listed services. Page 33 of 276 5 17. CONFIDENTIAL INFORMATION; OPEN RECORDS: No Party shall at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm or corporation in any manner whatsoever any information concerning any matters which are not subject to public disclosure. The Parties shall comply with all applicable state laws and requirements pertaining to maintenance and disclosure of information pursuant to the Colorado Open Records Act. Such records or data may be in hardcopy, printed, digital or electronic format. 18. PARAGRAPH HEADINGS: The captions and headings set forth in this Agreement are for convenience only, and shall not be construed so as to define or limit the terms and provisions hereof. 19. SEVERABILITY: The Parties agree that if any part, term, or provision of this Agreement is held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 20. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS: All terms, conditions and covenants of this Agreement, (including any exhibits and attachments), which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Agreement (including confidentially), shall survive such expiration or termination and shall continue to be enforceable as provided herein. 21. AGREEMENT AS COMPLETE INTEGRATION - AMENDMENTS: This Agreement is intended as the complete integration of all understandings between the Parties as to the subject matter of this Agreement. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other Agreement properly executed by the Parties. Amendments to this Agreement will become effective when approved by all Parties and executed in the same manner as this Agreement. This Agreement and any amendments shall be binding upon the Parties, their successors and assigns. 22. NO THIRD-PARTY BENEFICIARY: Enforcement of the terms of the Agreement and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Parties hereto receiving services or benefits pursuant to this Agreement is an incidental beneficiary only. 23. LEGAL AUTHORITY: a. Each Party assures and guarantees the others that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. b. The person signing and executing this Agreement on behalf of each Party represents that they have been fully authorized by their respective Party to execute this Agreement on its behalf and to validly and legally bind their respective Party to all the terms, performances and provisions of this Agreement. c. Each of the Parties shall have the right to either temporarily suspend or permanently Page 34 of 276 6 terminate this Agreement, if there is a dispute as to the legal authority of the other Party or the person signing the Agreement on behalf of the other Party to enter into this Agreement. The suspending or terminating Party shall not be obligated to pay the other Party for any performance of the provisions of this Agreement after that Party has suspended or terminated this Agreement as provided in this Article. In the event of any such suspension or termination the remaining Party may elect to immediately terminate this Agreement. FOR THE CITY OF ENGLEWOOD Othoniel Sierra, Mayor Attest: Stephanie Carlile, City Clerk FOR THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 ENGLEWOOD PUBLIC SCHOOLS INSERT NAME Title: President, Board of Education Page 35 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: September 19, 2022 SUBJECT: CB 53 - Approve a bill for an ordinance amending Englewood Municipal Code to add public offenses reclassified as misdemeanors under Colorado law DESCRIPTION: CB 53 - Colorado statute was amended to re-classify several offenses as misdemeanors. This ordinance amends Municipal Code so that those misdemeanors can be filed and prosecuted in Englewood Municipal Court. RECOMMENDATION: Approve a bill for an ordinance amending Englewood Municipal Code. SUMMARY: On March 1, 2022, Colorado Revised Statutes reclassified multiple offenses to be misdemeanors, so that they could now be prosecuted now only in Arapahoe District Court but also in Englewood Municipal Court. After consultation with Englewood Police Department and the Municipal Prosecutor, multiple newly-classified misdemeanors could be successfully filed and prosecuted in Municipal Court. In order to do so, Englewood Municipal Code must be amended to mirror state law. The proposed ordinance incorporates the following misdemeanor offenses under state law into various sections of Englewood Municipal Code: Unlawful Acts- Theft Detection Devices C.R.S. § 18-4-417, Criminal Impersonations C.R.S. § 18-5-113, Contributing to the Delinquency of a Minor C.R.S. § 18-6-701, Tampering with Physical Evidence C.R.S. § 18-8-610, Hindering Transportation C.R.S. § 18-9-114, Unlawful Conduct on Public Property C.R.S. § 18-9-117, and Trespass and Interference upon Public Buildings C.R.S. § 18-9-110. COUNCIL ACTION REQUESTED: Approve Council Bill amending Englewood Municipal Code FINANCIAL IMPLICATIONS: No substantial financial implications anticipated; the Court could see a slight increase in revenue from additional fines and costs that are currently paid to District Court for the misdemeanor violations ATTACHMENTS: Council Bill #53 Page 36 of 276 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 53 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE THROUGH THE ADDITION OF NEW CRIMINAL OFFENSES THAT MAY BE PROSECUTED IN MUNICIPAL COURT WHEREAS, Englewood Municipal Code (EMC) § 1-7-2(A) authorizes the City to prosecute misdemeanor violations in Englewood Municipal Court; and WHEREAS, Colorado Revised Statutes reclassified multiple offenses to be misdemeanors, so that they could now be prosecuted not only in Arapahoe District Court but also in Englewood Municipal Court; and WHEREAS, after consultation with Englewood Police Department and the Municipal Prosecutor, multiple newly-classified misdemeanors could be successfully filed and prosecuted in Municipal Court; and WHEREAS, in order to do so, Englewood Municipal Code must be amended to mirror state law; and WHEREAS, the newly-reclassified misdemeanor offenses under Colorado state law include Unlawful Acts- Theft Detection Devices C.R.S. § 18-4-417, Criminal Impersonations C.R.S. § 18-5-113, Contributing to the Delinquency of a Minor C.R.S. § 18-6-701, Tampering with Physical Evidence C.R.S. § 18-8-610, Hindering Transportation C.R.S. § 18-9-114, Unlawful Conduct on Public Property C.R.S. § 18-9-117, and Trespass and Interference upon Public Buildings C.R.S. § 18-9-110. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 7, Chapter 6 of the Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 7-6A-6: Impersonations. A. Impersonating a Public Servant. No person shall It shall be unlawful for a person to falsely pretend to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense. B. Impersonating an Officer. No person, It shall be unlawful for a person to other than an official police officer of the City, shall to wear the uniform, apparel or any other insignia of Page 37 of 276 2 office like or similar to, or a colorful imitation of that adopted and worn by the official police officers of the City. C. Assuming False Identity. No person shall assume a false or fictitious identity or capacity, legal or other, and in such identity or capacity perform an act: 1. That, if done by the person falsely impersonated, might subject the person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or 2. With intent to unlawfully gain a benefit for themselves or another, or to injure or defraud another. 7-6B-14: Hindering Transportation No person shall knowingly and without lawful authority forcibly stop or hinder the operation of any vehicle used in providing transportation services of any kind to the public or to any person, association, or corporation. 7-6E-13: Contributing to Delinquency of a Minor No person shall induce, aid, or encourage a person under the age of 18 to violate Englewood Municipal Code or ordinance, or a Municipal Court order. 7-6F-2-1: Public Building Trespass, Interference A. No person shall so conduct themselves at or in any public building owned, operated, or controlled by the City as to willfully deny to any public official, public employee, or invitee on such premises the lawful rights of such official, employee, or invitee to enter, to use the facilities of, or to leave any such public building. B. No person shall, at or in any such public building, willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof. C. No person shall willfully refuse or fail to leave any such public building upon being requested to do so by the City Manager or designee charged with maintaining order in such public building, if the person has committed, is committing, threatens to commit, or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in the public building. D. No person shall, at any meeting or session conducted by any judicial, legislative, or administrative body or official at or in any public building, willfully impede, disrupt, or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting the meeting or session or by any act designed to intimidate, coerce, or hinder any member of such body or official engaged in the performance of duties at such meeting or session. 7-6F-2-2 Unlawful Conduct on Public Property Page 38 of 276 3 A. No person shall enter or remain in any public building or on any public property or conduct themselves in or on the same in violation of any order, rule, or regulation concerning any matter prescribed in this subsection (A), limiting or prohibiting the use or activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management, or supervision of the building or property. In addition to any authority granted by any other law, the City Manager and City Departments may adopt such orders, rules, or regulations as are reasonably necessary for the administration, protection, and maintenance of public buildings and property, specifically, orders, rules, and regulations upon the following matters: 1. Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and grounds, and other structures, and any object of scientific, historical, or scenic interest; 2. Restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities; 3. Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance or which may interfere with, impair, or disrupt a funeral or funeral procession; 4. Necessary sanitation, health, and safety measures; and 5. Camping and picnicking, public meetings and assemblages, and other individual or group usages, including the place, time, and manner in which such activities may be permitted. B. No conviction may be obtained under this section unless notice of such limitations or prohibitions is prominently posted at all public entrances to such building or property or unless such notice is actually first given to the person by the officer or agency, including any agent thereof, or by any peace officer having jurisdiction or authority to enforce this section. 7-6F-4-1 Unlawful Acts, Theft Detection Devices A. No person shall knowingly manufacture, distribute, or sell a theft detection shielding device or a theft detection deactivating device with the knowledge that some person intends to use the device in the commission of an offense involving theft. B. No person shall possess a theft detection shielding device or a theft detection deactivating device with the intent to use the device possessed, or with the knowledge that some person intends to use the device possessed, in the commission of an offense involving theft. C. No person shall knowingly deactivate or remove a theft detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase. D. Definitions a. “Theft detection deactivating device” means any tool, instrument, mechanism, or other article adapted, designed, engineered, used, or operated to inactivate, incapacitate, or remove a theft detection device without authorization. “Theft Page 39 of 276 4 detection deactivating device” includes, but is not limited to, jumper wires, wire cutters, and electronic article surveillance removal devices. b. “Theft detection device” means an electronic or magnetic mechanism, machine, apparatus, tag, or article designed and operated for the purpose of detecting the unauthorized removal of merchandise from a store or mercantile establishment. c. “Theft detection shielding device” means any tool, instrument, mechanism, or article adapted, designed, engineered, used, or operated to avoid detection by a theft detection device during the commission of an offense involving theft. “Theft detection shielding device” includes, but is not limited to, foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices. 7-6F-15: Tampering with Physical Evidence No person shall tamper with physical evidence, including any article, object, document, record, or other thing of physical substance, by, believing that an official proceeding is pending or imminent and acting without legal right or authority, destroying, mutilating, concealing, removing, or altering physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or knowingly making, presenting, or offering any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. C. 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. Page 40 of 276 5 D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 19th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of September, 2022. for thirty (30) days. Othoniel Sierra, Mayor Page 41 of 276 6 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 19th day of September, 2022. Stephanie Carlile Page 42 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: September 19, 2022 SUBJECT: CB 39 - Approve a bill for an Ordinance Amending Title 7, Chapter 1A, Sections 7-1A-5, 7-1A-9 and 7-1A-16 Of Englewood Municipal Code Regarding Animal Impoundment. DESCRIPTION: CB 39 - City staff requested an ordinance amending Sections 7-1A-5, 7-1A-9 and 7-1A-16 to resolve ambiguity in prior language, to mirror state law provisions for animal impoundment, and to provide a single, consistent section of Municipal Code regarding animal impoundment. RECOMMENDATION: Approve a bill for an ordinance amending EMC Sections 7-1A-5, 7-1A-9 and 7-1A-16 to resolve ambiguity in prior language, to mirror state law provisions for animal impoundment to ensure compliance, and to provide a single municipal code section for animal impoundment. SUMMARY: Englewood Police Department Code Enforcement division requested this revision to Englewood Municipal Code regarding animal impoundment. The proposed bill for an ordinance amends Englewood Municipal Code on animal impoundments for clarity and brevity, mirrors state law on animal impoundment time frames and procedures, and implements amendments to accomplish the following: removes requirement that payment of fines be made to Municipal Court for an owner to get an animal back, which would prohibit retrieving an animal after business hours on Friday until court opens on Monday (thus increasing the shelter costs and delaying reuniting the owner and animal even though the shelter is open 7 days per week); shortens the time frame to claim an animal to mirror state law to 5 days when the shelter is open instead of 6 days; provides a framework for an impound hearing; provides a framework to pre-pay care costs when an animal is held pending disposition of criminal charges, mirroring state law; authorizes a veterinarian to euthanize terminal animals without court order, to mirror state law; clarifies when impound fees and costs are and are not payable by the defendant; and removes impound provisions from two additional sections of municipal code to provide a single, consistent section that governs all animal impoundments. Municipal Court Administrator Kennetha Julien requested the opportunity to review and provide comment on the proposed draft ordinance regarding animal impound. A draft version of the ordinance was provided to her on August 25, 2022, with comments requested within a week. She provided comments at end of day on Friday, September 2, 2022, and requested her comments be provided to City Council when considering this proposed ordinance. The City Attorney provided those comments to Englewood Police Department Code Enforcement division and the City Prosecutor for review and response the next business day. Below are the five Page 43 of 276 comments received by Julien, immediately followed in italics by staff's response and direction regarding the proposed ordinance: 1) Potential confusion between the term “Impound Fee” (city) of $254.58 per animal that exists in current code to cover flat rate of securing animal and transporting to HSSPV and the new proposed “Impound Cost” (shelter or daily Boarding Rate plus other expenses like rabies or vet care) so we suggest a new term if imposing a new cost like “shelter fee”. After forwarding this concern to the requesting department, the proposed term "shelter fee" was inserted to replace the prior term "impound cost". 2) Does the proposed language contemplate release prior to or only after payment of specific costs? Does this contemplate they pay to HSSPV or to the Court? Maybe this should be detailed given that many will not be able to pay, including the forfeiture of ownership if unpaid for some specified time if contemplating no release prior to payment in full? If to be collected by the Court, what are the costs contemplated to be imposed and how will that be memorialized and updated? The proposed ordinance provides for the payment of shelter fees to the shelter. The City Attorney requested clarification from Code Enforcement regarding this process, given it is currently in effect and followed: when a person appears at the shelter to pay the shelter's incurred fees for food, shelter, and care and thereby recover an impounded animal, the shelter contacts Code Enforcement to determine if a citation is appropriate. If Code Enforcement has issued a citation, it appears at the shelter and serves the citation to the person when they retrieve their animal. The Court is not otherwise involved in this process, unless (a) the owner requests a hearing with the Court , or (b) the owner appears in court on a citation. If a citation, the Court follows its established process for all citations: arraignment, plea, imposing fines, court costs, and if appropriate, the impoundment fee set by City Council. 3) We have concerns regarding proper equal protections and due process for what is proposed as an extrajudicial and not specifically legislated in muni code process for the release of some animals to their identified owner but not all, and the claim and ultimate forfeiture of property rights on an action initiated by a municipal summons and complaint. After the dog is gone, the Court has no remedy and limited ability to verify the actions of the government are appropriate under the law so the defendant’s only potential recourse may be civil litigation? The City Attorney's office consulted with the department that requested this code revision, to determine if they request further revision in response to this concern. They did not request further revisions for the following reasons: Current Municipal Code, EMC Section 7-1A-5(B), already allows the shelter to release animals without a judicial order if impounded for certain reasons, such as running at large. As currently written though, EMC Section 7-1A-5(B) requires payment of "fines and fees" at municipal court to get their animal back, but this can extend the time an animal is impounded and thus, extend the accrual of shelter fees. The proposed revisions benefit the owner, because they can recover possession of their animal at nights and on the weekends when the court is closed by paying only the costs of care directly to the shelter, thus expediting the return, reducing the amount of costs incurred by the shelter and required to be reimbursed by the owner, and allowing the owner to delay paying court costs and fines if a court citation has been issued. For dangerous dogs, rabies, or cruelty/neglect cases, the proposed revisions require the owner to make a claim for the animal within five days, otherwise the shelter may adopt out the animal. This is current state law, CRS Section 35-80-106.3, which states "any pet animal held by or in the custody of a licensed animal shelter ... and not reclaimed by the owner shall be held by the animal shelter for a minimum of five days ... before it may become available for adoption." If the owner makes a claim for the animal within five days, the Court must then schedule a hearing to determine whether the animal should be returned to the owner or Page 44 of 276 continue to be held by the shelter. CRS Section 35-80-106.3 further immunizes the shelter from liability for adopting out an animal after five days, if the owner does not make a claim of ownership. Finally, CRS Section 18-9-202.5 also provide provisions for disposition of animals by a shelter for neglect, cruelty and dangerous dogs, and require the owner to request a hearing or pre-pay all costs of care to avoid adopting out by the shelter (except that the statute requires requesting a hearing or payment within 10 days, and the proposed ordinance changes that from the current Municipal Code's 6 days to 5 days for consistency with CRS Section 35-80-106.3). Because the proposed ordinance provisions mirror established state law (and also would apply to provide immunity for the shelter's actions), the potential of a successful civil action to challenge the ordinance on this basis is low. 4) We have concern about fundamental fairness of forfeiting a pet for conviction under the Care and Maintenance portions of Cruelty/Neglect as these can be minor offences like hot car for a few minutes. Maybe consider those as separate offences or clarify if no judicial discretion on that conviction? This section basically makes owning a dog and being homeless difficult and we think the Council should reconsider the appropriate policy on that and release considerations back into those conditions. The proposed ordinance as written provided an avenue to alleviate this concern. It authorizes the Court to order a pre-trial release of the animal back to the owner “upon a finding that neither the animal nor the public is endangered by the release”. If an animal was temporarily left in a car on a single occasion, the judge could conclude neither the animal nor the public faces danger if the owner receives custody, and order the return of the animal. 5) The recent issues you are raising are due to how the city wants to handle dog impounds and forfeitures on homeless defendants and their inability to pay costs and that is pretty clear on day 1. We think more detailed legislation on these issues would be helpful regarding the mandatory payment and forfeiture or if judicial discretion on these issues is more appropriate given the unique circumstances of each defendant and animal in each case. The City Attorney's office consulted with the department that requested this code revision, to determine if they request further revision in response to this concern. The required payment provisions are also required by state law, specifically CRS Section 18-9-202.5, without reference to ability to pay--so the proposed ordinance mirrors established state law on this issue. In addition, if the animal owner does not pay for the costs of the animal's care, either the non-profit shelter has to raise funds to feed, care, and house the animal, or City taxpayers are required to pay it. Therefore, the originating department did not support a revision to the proposed ordinance. COUNCIL ACTION REQUESTED: Approve a bill for an ordinance amending EMC 7-1A-5 7-1A-9 and 7-1A-16 to resolve ambiguity in prior language, and to mirror state law provisions for animal impoundment. FINANCIAL IMPLICATIONS: None anticipated. ATTACHMENTS: Council Bill #39 Page 45 of 276 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 39 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTIONS 7-1A- 5, 7-1A-9, AND 7-1A-16 OF ENGLEWOOD MUNICIPAL CODE REGARDING ANIMAL IMPOUNDMENT. WHEREAS, Englewood Municipal Code establishes procedures and costs for animal impoundment and release in Sections § 7-1A-5, 7-1A-9 and 7-1A-16; and WHEREAS, Englewood Police Department’s Code Enforcement Department requests revision to ensure statutory consistency and compliance, specifically with CRS § 18-9-202 et seq. and CRS § 35-80-106.3 et seq., and to consolidate various and inconsistent impound provisions into a single code section; and WHEREAS, in a continuing effort to update Municipal Code sections for clarity and brevity, and to comport with best practices, in addition to amendments to mirror state impound laws and payment of required impound costs, Municipal Code amendments contained herein establish expedited procedures whereby animal owners may recover possession to reduce the amount of shelter cost accruals; and WHEREAS, the City contracts with Humane Society of the South Platte Valley, Inc. (the “shelter”) to house impounded animals; and WHEREAS, the shelter—a non-profit organization—occasionally incurs significant costs housing animals pending extended disposition of cases in Englewood Municipal Court, and the Municipal Code revisions herein are intended to ensure the shelter is reimbursed for those costs; and WHEREAS, under the City’s contract with the shelter, the City is required to pay an owner’s shelter costs if they fail to do so; and WHEREAS, the proposed municipal code provisions provide clarity to ensure shelter costs are paid by the owner when an animal was impounded upon probable cause, rather than requiring payment of those costs by taxpayer funds. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 7, Chapter 1A, Section 7-1A-5 of Englewood Municipal Code is hereby amended to read as follows (new provisions bold/italics, deleted provisions struck through): Page 46 of 276 2 7-1A-5: Impoundment of Animals; Notice, Disposition. A. Any domesticated animal found running at large, subjected to cruelty or neglect (EMC § 7- 1A-9), that are dangerous (EMC § 7-1A-16), suspected of rabies infection (EMC § 7-1A- 11), caused injury to any person or domestic animal, or animal kept in violation of this Code may be taken by the City and impounded in a City-designated animal shelter designated by the City. B. Except for domesticated animals subjected to cruelty or neglect (EMC 7-1A-9), or that are dangerous or caused injury to any person or domestic animal (EMC 7-1A-16), or suspected of rabies infection (EMC 7-1A-11), any impounded domesticated animal may be claimed by and released to its owner by the shelter upon production of proof of ownership and rabies vaccination, and payment in full to the shelter of the shelter’s daily costs associated with the animal’s impoundment, care and provision (collectively “shelter costs”).payment of fines and fees at the Violations Bureau. C. Impounded domesticated animals voluntarily surrendered by the owner or not claimed by the owner within fivesix (56) business days in which the shelter is open to the public or may be disposed of by the City in any suitable manner. may become available for adoption or subject to other disposition at the shelter’s discretion. D. Evidence of current rabies vaccination is required prior to release of impounded dogs or cats. E. When a domesticated animal is found running at large and If ownership of an such animal is known to City personnel, the City may return the animal to its owner in lieu of impoundmentsuch animal need not be impounded, but such personnel may cite and return the animal to the owner. If not returned to its owner, F. Immediately upon impounding a domesticated animal, the City shall make a reasonable effort to notify the owner of impoundment and how to recover custody.such animal and inform such owner of the conditions whereby the owner may retain custody of such animal. G. Impoundment fees for domesticated animal(s) shall be set by City Council Resolution. E. If an owner makes a claim of ownership within five days but is not entitled to a release of the animal under sub-section B, notice of the claim shall be forwarded to Englewood Municipal Court for an expedited hearing. 1. If the owner fails to appear at the hearing, regardless of filing a claim of ownership, the animal shall be subject to immediate disposition as provided in sub-section C without further notice to the defendant or owner. 2. If the owner appears at the hearing, the court shall determine: a. Whether there was sufficient probable cause for the underlying charge leading to impoundment; and b. Whether the animal should be released to the owner’s custody. 3. If probable cause is found at the hearing: Page 47 of 276 3 a. And the court orders the animal may be released to the owner, the owner shall pay to the shelter within five days all incurred shelter costs before the animal is released to the owner, or if not paid, the shelter may adopt or take other disposition action without further notice to the owner or defendant. b. If impounded for cruelty or neglect, dangerous animal, or rabies, the Court may order the animal released to the owner only upon a finding that neither the animal nor the public is endangered by the release; alternatively, the Court may order the shelter continue to hold the animal pending disposition of charges, as long as the owner or defendant pre-pays to the Court 30 days’ of shelter costs at the hearing, and at subsequent 30-day intervals until final disposition of charges. Failure to pay such shelter costs when due will result in the shelter adopting out or taking other disposition action without further notice to the owner or defendant. 4. If probable cause is not found at the hearing, the court may order the animal be immediately released to the owner or defendant. If not claimed by the owner or defendant within five days, the shelter may adopt or take other disposition action without further notice to the owner or defendant. F. If a licensed veterinarian determines an impounded animal is experiencing extreme pain or suffering or is severely injured, disabled, or diseased past recovery, the animal may be euthanized without a court order. G. Regardless of any other provision herein, the Court shall order the defendant to pay all shelter costs incurred while the shelter was required to impound an animal under this code, unless the court finds the impoundment lacked probable cause in a hearing under sub-section E. H. Upon a finding or plea of guilty or no contest: 1. the ownership rights to an animal shall be permanently severed if impounded for EMC § 7-1A-9(A); 2. the ownership rights to an animal shall be permanently severed for other sub- sections of EMC § 7-1A-9, EMC § 7-1A-16, or EMC § 7-1A-11, unless the Court specifically finds that neither the animal nor the public is endangered by releasing the animal to the defendant; 3. the Court shall assess the City impoundment fee, fines, and court costs against the defendant; and 4. the Court further may consider destruction of the animal pursuant to EMC § 7- 1A-17. Section 2. Amendment of Englewood Municipal Code Title 7, Chapter 1A, Section 7-1A-9 of Englewood Municipal Code is hereby amended to read as follows (new provisions bold/italics, deleted provisions struck through): Page 48 of 276 4 7-1A-9: Cruelty to or Neglect of Domesticated Animals. A. No person shall It shall be unlawful for any person to kill, maim, disfigure, torture, torment, neglect, beat, burn or scald with any substance a domesticated animal, or cause a domesticated animal to endure unreasonable or unjustifiable pain, suffering or injury. B. No person shall It shall be unlawful for any person to antagonize, intimidate, threaten, abuse or verbally harass any domesticated animal. C. Care and Maintenance. No person It shall be unlawful for any person keeping or harboring any domesticated animal shallto fail or refuse to provide such domesticated animal with proper food, drink, shade and shelter. Proper food, drink, shade and shelter shall require that: 1. Each domesticated animal shall receive an adequate daily supply of clean, fresh food suitable for its physical condition and age sufficient to maintain a healthy level of nutrition. 2. Each domesticated animal shall, at all times, have an adequate and accessible supply of clean, fresh, potable water and such water shall be provided either free-flowing or in a clean, stable receptacle. 3. Each domesticated animal housed outdoors or tethered outdoors shall have convenient access to appropriate weather and temperature resistant shelter throughout the year. Any shelter shall be structurally sound, clean, adequately sized, and maintained in good repair to protect the domesticated animal from injury and from the elements. 4. The living area for the domesticated animal shall have adequate drainage such that domesticated animal shall be free to walk, sit, stretch or lie down on a dry surface. 5. If a domesticated animal is housed outdoors, in addition to a shelter, it shall be provided with an enclosure to minimize risk of injury and to provide sufficient space to enable freedom of movement and exercise. 6. A domesticated animal may not be placed or confined, or allowed to be placed or confined or allowed to remain in an unattended vehicle without sufficient ventilation or under conditions or for such period of time as may be expected to endanger the health or well-being of [the] domesticated animal due to heat, lack of water or such other circumstances as may be expected to cause suffering, injury or death. A Code Enforcement Officer or Police Officer who finds a domesticated animal in a vehicle in violation of this Section may enter the vehicle by using the amount of force reasonably necessary to remove the domesticated animal. D. The City may take and impound any domesticated animal found to be subjected to prohibited treatment described in this Section. If the owner has not submitted a request to reclaim the domesticated animal within six (6) business days, the City may dispose of the domesticated animal in any suitable manner. If a claim is made by the Municipal Court for the domesticated animal, the domesticated animal shall be held by the City or by a shelter designated by the City until the Municipal Court enters an order finding either: Page 49 of 276 5 1. Charges under this Section cannot be proven beyond a reasonable doubt, or 2. The Municipal Court finds that care and maintenance issues under Paragraphs B and C above have been satisfactorily remedied. The domesticated animal may be released upon payment of any fines, fees and shelter costs. A domesticated animal impounded under the provisions of Paragraph A of this Section shall not be returned to its owner, but may be disposed of in any suitable manner at the discretion of the City. Section 3. Amendment of Englewood Municipal Code Title 7, Chapter 1, Article A, Section 7-1A-16 of Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 7-1A-16: - “Dangerous” Animals Prohibited. A. No person shall It shall be unlawful for any person to own or harbor a "Dangerous" animal, except as provided in Subsection F belowH of this Section. B. An owner of a domesticated animal that has been adjudicated as having committed acts that would be deemed "dangerous" as set forth in this Chapter in any other jurisdiction shall register said animal with the City as a "dangerous animal." C. The owner of any domesticated animal shall be responsible for any damage committed by that domesticated animal against any property, real or personal, live or inanimate, or any person or domesticated animal. D. It is an affirmative defense to the charge of "At-Risk" or "Dangerous" animal that the person or animal that was attacked by the "Dangerous" animal was: 1. Other than in self-defense or defense of others, attacking the animal or engaging in conduct reasonably calculated to provoke the animal to attack or bite; or 2. Unlawfully engaging in entry into or upon the premises or containment within which the animal was lawfully kept; or 3. Unlawfully engaging in entry into or in or upon a vehicle in which the animal was confined; or 4. Harassing the animal; or 5. Assaulting another person; or 6. Attempting to stop a fight between the animal and any other animal; or 7. Attempting to aid the animal when it was injured; or 8. Attempting to capture the animal in the absence of the owner; or 9. A veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, Code Enforcement or Police Officer or other professional acting in the performance of his or her respective duties. E. Exemption. Employees or agents of the City or any local, state or federal governmental entity, using animals within the course of their duties or employment shall be exempt from the provisions of Paragraphs A, B and C above. Page 50 of 276 6 F. Impoundment. Any animal which has caused injury to any person or domestic animal or which has committed any behavior defined as "Dangerous" herein, may be seized and impounded as provided for in this Chapter. G. Impoundment Hearing. Any animal impounded pursuant to this Chapter may be held for a hearing before the Municipal Court to determine the disposition of such animal. Domesticated animal(s) not claimed by their owners before the expiration of six (6) business days may be disposed of at the discretion of the City. The City shall notify, when ascertainable, the owner of the animal in writing of the date, time, place and purpose of the hearing. The Court may conduct such hearing at the earliest date available to the Court. If, on the date of the hearing, the duly notified owner does not appear, the Court may proceed with the hearing. The hearing may take place regardless of any pending municipal charge pertaining to the animal. The Court may order the animal to remain impounded at the owner's expense until final disposition of any pending municipal charges. The owner shall bear all costs of impounding the animal regardless of the results of any municipal charges. If the Court determines that it is not appropriate to order the animal impounded the Court may order the animal returned to the owner and to be kept under such circumstances as will ensure the safety of persons, property or other animals. FH. Conditions for Keeping an Animal Classified as "Dangerous." 1. The owner of the classified animal shall comply with all of the following conditions: a. The owner of the "Dangerous" animal shall pay a permit fee to be set by City Council Resolution. Said permit shall not be issued until inspection and approval of the Escape-Proof Enclosure. b. Only one (1) "Dangerous" animal may be permitted, per residence. c. The owner of the "Dangerous" animal shall keep current the permit for such "Dangerous" animal through annual renewal. Such permit is not transferable or renewable except by the holder of the permit or by a member of the immediate family of such permitee. A "Dangerous" animal permit tag will be issued to the owner at the time of issuance of the permit. Such permit tag shall be attached to the "Dangerous" animal by means of a collar or harness which must be worn by the animal at all times. It should be clearly visible, and shall not be attached to any "Dangerous" animal other than the "Dangerous" animal for which the permit was issued. d. The owner of a "Dangerous" animal must be at least eighteen (18) years of age. e. The Court may require proof of liability coverage which will cover any damage or injury caused by a "Dangerous" animal. f. The owner of a "Dangerous" animal shall, at the owner's own expense, have the "Dangerous" animal spayed or neutered and shall present to the City Manager or designee documentary proof from a licensed veterinarian that this sterilization has been performed. g. The owner of a "Dangerous" animal shall, at the owner's own expense, within ten (10) business days, have a microchip containing an identification number implanted into the "Dangerous" animal. The City Manager or designee shall maintain a file containing the registration numbers and shall coordinate that list with the State. The owner shall notify the City Manager or designee of any change of address within fifteen (15) working days. h. The owner must confine the "Dangerous" animal in a building or enclosure designed to be escape-proof and, whenever the animal is outside of the building or enclosure, keep the animal under the owner's control by use of a leash. The owner shall post a conspicuous warning Page 51 of 276 7 sign on the building or enclosure notifying others that a "Dangerous" animal is housed in the building or enclosure. In addition, if the conviction is for a second or subsequent offense, the "Dangerous" animal shall also be muzzled whenever it is outside of the building or enclosure. i. The owner shall immediately notify the City Manager or designee in the event that the "Dangerous" animal is loose, stolen, at large, unconfined, has mauled, bitten, attacked, threatened, or in any way menaced another domesticated animal or human. The owner shall also notify the City Manager or designee in the event the "Dangerous" animal is sold, disposed of, or has died. j. Failure to comply with any of these conditions may result in the impoundment of the animal, subject to disposition pursuant to EMC § 7-1A-16(F)., Section F, EMC GI. Declassification. A declassification fee in an amount to be set by City Council Resolution will be assessed when the classification period begins. Declassification shall occur pursuant to this Chapter. The following conditions must be met: 1. Animals that have been classified as "At-Risk" for one (1) year without further violation, and two (2) years without further violation for any animal classified as "Dangerous", since the most recent citation by such animal, and 2. Written certification of satisfactory completion of approved obedience training, AKC "Canine Good Citizen" program or equivalent for the classified animal, with the owner, and 3. Any additional condition ordered by the City Manager or his designee or the Municipal Court. HJ. Euthanization. Upon a classification of "Dangerous" animal, the Court, in addition to the requirements set forth in this Chapter and the penalties set forth in the Code, may hold a hearing to determine if the animal should be euthanized, and, if so, the animal shall be euthanized under the supervision of a veterinarian. IK. Authority for Immediate Destruction. After making reasonable attempts to control an animal, if a Code Enforcement Officer or Police Officer determines that the animal presents a danger to any person or domestic animal, it shall be lawful for the officer to destroy the animal without notice to the animal owner. Section 4. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. Page 52 of 276 8 C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 19th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of September, 2022 for thirty (30) days. Page 53 of 276 9 Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 19th day of September, 2022. Stephanie Carlile Page 54 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Hoos DEPARTMENT: Public Works DATE: September 19, 2022 SUBJECT: CB 45 - IGA with the City of Centennial for a Traffic Signal System-to-System Communication Project DESCRIPTION: CB 45 - Intergovernmental Agreement with the City of Centennial to provide interconnectivity between traffic signal systems for public benefit. RECOMMENDATION: Staff recommends that the City Council approve an ordinance authorizing an Intergovernmental Agreement (IGA) between the City of Centennial and the City of Englewood to fund a portion of the System-to-System Traffic Signal Communication Project. SUMMARY: The City of Centennial is undertaking a project to provide enhanced communication and management of traffic signal systems to provide interoperability between neighboring agencies via a System-to-System Traffic Signal Communication Project. Englewood wishes to participate in this project which will provide improved traffic operations resulting in reduced congestion and, thus, improved air quality within the region. The project will also increase the ability of each agency to monitor and manage controller systems in real-time, through resource sharing. It will also allow improved staff oversight to change signal timing operations in the event of an incident that causes congestion on local roads in participating agency jurisdictions, including across jurisdictional boundaries The city's contributory share towards the project is $40,000. Funds are available in the 2022 Capital Improvement Fund for these expenditures. The project is scheduled to be completed by the end of 2023. This IGA with Centennial was initially approved by City Council on first reading at the August 15, 2022 meeting. The IGA document included an additional provision #7 in Exhibit B related to IT security as recommended by IT Director Jeromy King. The City of Centennial was in agreement with the additional provision but had requested that the word “adopt” be omitted from item #7 in Exhibit B of the agreement where it initially stated each party shall incorporate, adopt and design best practice considerations. This was done so as not to imply that the standards referenced would be formally adopted by this City Council action but rather incorporated into the work for the referenced standards and guidance The word inadvertently did not get omitted from the final Council packet that was originally approved by City Council. Therefore, this item is being recommended for approval on first reading again with the second reading now scheduled for the September 19th City Council meeting. Page 55 of 276 ANALYSIS: Englewood utilizes Econolite Centracs brand controllers at most of the city's traffic signals. As the name implies, the controller houses the controls and the computerized components, at each signalized intersection, to manage operations of the traffic signal. The City of Centennial, as well as other neighboring communities, use the same brand of controllers. Centennial solicited grant funding to connect their controllers with other agencies in an effort to provide more seamless traffic management across jurisdictional boundaries. As motorists drive throughout the metro area, a particular roadway can cross into multiple cities. The traffic signals on that roadway are managed and owned by various entities depending on the location of the signal and the ownership of the road. For example, all signals within the boundaries of Englewood are owned and managed by the city except for signals located on Colorado Department of Transportation (CDOT)-owned roads such as US 85 and US 285. Signals on border streets can be owned & maintained by either entity. For example, the signal at Yale Avenue & Broadway is owned and maintained by the City and County of Denver. Traffic backups or crashes in one location can cause disruption in other jurisdictions. Therefore, there is public benefit in providing improved traffic signal operations among agencies. This project will connect the participating agencies' Econolite Centracs controllers to allow information sharing and increase situational awareness beyond agency boundaries. Improving traffic operations will result in reduce congestion and thus fewer greenhouse gas emissions thereby improving air quality within the region. The project will also increase the ability of each agency to monitor and manage controller systems in real-time, through resource sharing. It will also increase the timeframe that systems have staff oversight to change signal timing operations in the event of an incident that causes congestion on local roads in participating agency jurisdictions, including across jurisdictional boundaries The City of Centennial will manage the project with input from CDOT and the other participating agencies including: Englewood, Greenwood Village, Littleton, and Arapahoe County. Centennial will administer the funding through an IGA with CDOT. The Econolite Centracs controllers offer a Server-to-Server functionality that enables cross- jurisdictional information sharing and control of Intelligent Transportation Systems (ITS) devices. This system requires establishment of business rules and jurisdictional permissions between agencies. Therefore, a significant element of the project will be establishing these rules. The new system and a regional map will be documented in a formal report, which will detail the system configuration, functionalities, and use cases. Consideration shall be taken for potential future expansions as well as interoperability with the pending Denver Regional Council of Governments (DRCOG) Regional Data Platform and CDOT Statewide Data Platform, in addition to any other regional integration identified during the Systems Engineering process. The resulting ITS applications that will be enabled by the systems interface will be defined during the project process based on the needs of each participating agency. COUNCIL ACTION REQUESTED: Staff recommends that the City Council approve an ordinance authorizing an Intergovernmental Agreement (IGA) between the City of Centennial and the City of Englewood to fund a portion of the System-to-System Traffic Signal Communication Project. FINANCIAL IMPLICATIONS: Page 56 of 276 Centennial received a federal grant for this project utilizing Congestion Mitigation and Air Quality (CMAQ) funds. The grant required a 20% local match of funds to 80% federal funding. Besides Englewood, Centennial, Littleton, Greenwood Village, and Arapahoe County are all participating in the project and sharing the local match costs equally (5 agencies at $40,000 each). Federal Funds (80%) $800,000 Local Match (20%) $200,000 Total $1,000,000 Englewood's share of the project is $40,000 and will be funded from the Capital Project, Signal Equipment-Upgrade/Replace, 30-1001-013. The current project balance is $266,996.27. Therefore, there is adequate funding available for the city's contribution. CONNECTION TO STRATEGIC PLAN: Sustainability A city that stewards its resources for the benefit of current and future generations Air Quality: Improve public health outcomes through better air quality Infrastructure and Transportation A city that proactively and in a cost-effective manner invests in, maintains, improves, and plans to protect its infrastructure Transportation Infrastructure: Invest in protecting transportation infrastructure in an innovative, sustainable, and cost-effective manner OUTREACH/COMMUNICATIONS: Details of this project will be added to the city's website. No specific public outreach is planned. ATTACHMENTS: Council Bill #45 Intergovernmental Agreement Exhibit A: Centennial CDOT Agreement Page 57 of 276 1 BY AUTHORITY ORDINANCE NO. __ COUNCIL BILL NO. 45 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF CENTENNIAL AND THE CITY OF ENGLEWOOD REGARDING SYSTEM TO SYSTEM COMMUNICATION PROJECT FUNDING. WHEREAS, the City Of Centennial, home rule municipality of the State of Colorado (the "Centennial"), received federal Congestion Mitigation and Air Quality ("CMAQ") improvement funds from the Colorado Department of Transportation ("CDOT") to design and implement infrastructure system improvements for multiagency operations using Centracs signal control systems to share information, increase situational awareness, and improve real-time incident management (the "S2S Communication Project"); and WHEREAS, the S2S Communication Project will be implemented using the systems engineering analysis process, generally as described in 23 C.F.R. §940.11, and will be primarily funded with federal funds with some contributions from Centennial and other participating jurisdictions; and WHEREAS, the S2S Communication Project may require acquisition of improvements including, for example, software, communication devices, communication media, fiber connections, cabinets, and related improvements (the “Improvements”); and WHEREAS, Centennial is the lead agency on the S2S Communication Project and will be responsible for its completion including producing the reports necessary to meet CDOT’s grant requirements and acquiring Improvements through its procurement process; and WHEREAS, any Improvements needed by a participating jurisdiction to participate in the S2S Communication Project will, unless otherwise limited, become the property and maintenance responsibility of that jurisdiction; and WHEREAS, the City of Englewood desires to participate in the S2S Communication Project including the preparation of any reports necessary to ensure Centennial can meet its obligations to CDOT; and WHEREAS, the City and Centennial are authorized by § 29-1-203, C.R.S. as amended, to enter into contracts or agreements for the sharing of costs for any function, service, or facility authorized to each of the cooperating or contracting parties; and Page 58 of 276 2 WHEREAS, the passage of this ordinance approves an intergovernmental agreement for the City’s participation in the S2S Communication Project and contribute $40,000.00 to the S2S Communication Project costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement (IGA) between the City of Centennial and the City of Englewood, Colorado, for System to System Communication Project in the amount of $40,000.00, a copy of which is attached hereto as Exhibit A. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Page 59 of 276 3 E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, including correcting any nonsubstantive typographical or scrivener’s error in the IGA. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 6th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of September, 2022 for thirty (30) days. Read by Title and passed on final reading on the 19th day of September, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 22nd day of September, 2022. Published by title on the City’s official website beginning on the 21st day of September, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk Page 60 of 276 4 I, Stephanie Carlile, 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 2022. Stephanie Carlile Page 61 of 276 INTERGOVERNMENTAL AGREEMENT SYSTEM TO SYSTEM COMMUNICATION PROJECT FUNDING THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into this ___ day of _______________, 2022, by and between City of Englewood, a home rule municipality of the State of Colorado ("Englewood"), and City of Centennial, a home rule municipality of the State of Colorado ("Centennial"). Englewood and Centennial are individually referred to herein as "Party" and collectively as the "Parties". RECITALS WHEREAS, the Parties are authorized by § 29-1-203, C.R.S. as amended, to enter into contracts or agreements for the sharing of costs for any function, service, or facility authorized to each of the cooperating or contracting parties; and WHEREAS, in accordance with the intergovernmental agreement in Exhibit A ("CDOT Funding Agreement"), Centennial received federal Congestion Mitigation and Air Quality ("CMAQ") improvement funds from the Colorado Department of Transportation ("CDOT") to design and implement infrastructure systems improvements for multiagency operations using Centracs signal control systems to share information, increase situational awareness, and improve real-time incident management as described in Exhibit A (the "S2S Communication Project"); WHEREAS, the S2S Communication Project will be implemented using the systems engineering analysis process, generally as described in 23 C.F.R. §940.11, and will be primarily funded with federal funds with some contributions from Centennial and other participating jurisdictions; and WHEREAS, the S2S Communication Project may require acquisition of improvements including, for example, software, communication devices, communication media, fiber connections, cabinets, and related improvements (the “Improvements”); and WHEREAS, Centennial is the lead agency on the S2S Communication Project and will be responsible for its completion including producing the reports necessary to meet CDOT’s grant requirements and acquiring Improvements through its procurement process; and WHEREAS, any Improvements needed by a participating jurisdiction to participate in the S2S Communication Project will, unless otherwise limited, become the property and maintenance responsibility of that jurisdiction; and WHEREAS, Englewood desires to participate in the S2S Communication Project including the preparation of any reports necessary to ensure Centennial can meet its obligations to CDOT. Page 62 of 276 2 NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, which the Parties agree is sufficient, it is hereby agreed that: 1. Incorporation of Recitals. The Recitals are incorporated into the IGA. 2. Purpose. The purpose of this IGA is to identify the Parties’ obligations to participate in the S2S Communication Project including how cross-jurisdictional data sharing and cost sharing will be accomplished. 3. Term. This IGA shall be effective September 1, 2022, ("Effective Date") and terminate on December 31, 2025 or on a date prior as agreed to by the Parties. 4. Project Representatives. (a) Englewood Representative. Englewood hereby designates Tim Hoos (thoos@englewoodco.gov) as the Englewood Representative to coordinate all communication with Centennial related to the S2S Communication Project and issues arising under this IGA. (b) Centennial Representative. Centennial hereby designates Anna Bunce (abunce@centennialco.gov) 303-325-8036) as Centennial Representative to coordinate all communication with Englewood related to the S2S Communication Project and issues arising under this IGA. 5. Centennial Obligations. Centennial will: (a) Lead the systems engineering analysis to identify Improvements and other requirements to complete the S2S Communication Project. (b) Acquire Improvements using appropriate and approved procurement processes to comply with the CDOT Funding Agreement. (c) Complete the S2S Communication Project elements under its approved local agency certification acceptance process. (d) Obtain Improvements on behalf of Englewood and other participating jurisdictions. (e) Coordinate with the Denver Regional Council of Governments to submit federally required CMAQ reporting information to CDOT. (f) Establish and manage the funds for the S2S Communication Project. (g) Establish and maintain a method of prompt and efficient communication concerning the S2S Communication Project to the Englewood representative. (h) Establish a working group that includes Centennial, Englewood, and other participating jurisdictions to complete the S2S Communications Project. Page 63 of 276 3 (i) Provide Englewood with access to Centennial's Centracs system during the project development and implementation phases of the S2S Communication Project in accordance with the data and systems access principles described in Exhibit B. 6. TOWN/CITY/COUNTY Obligations. Englewood will be responsible for the following in participating in the S2S Communication Project: (a) Participate in the systems engineering analysis to identify Improvements, system configurations, and other needs for Englewood to connect its Centracs system to Centennial and other participating jurisdictions. (b) Participate in the multi-jurisdiction working group for the S2S Communication Project. (c) Contribute its share of costs for any Improvements within sixty (60) days after receiving an invoice from Centennial in an amount not to exceed $40,000.00. Englewood must authorize Centennial to acquire Improvements on its behalf. Such authorization will be made in writing (including electronic mail) to the Centennial Representative. (d) Accept ownership and maintenance responsibility for any Improvements purchased by Centennial on behalf of Englewood. (e) Provide Centennial with data as requested by the Centennial Representative. (f) Provide Centennial access to its Centracs system during the project development and implementation phases of the S2S Communication Project in accordance with the data and systems access principles described in Exhibit B. 7. CDOT Funding Agreement. The Parties understand and agree that any work under this IGA that will receive reimbursement through the CDOT Funding Agreement must comply with state and federal procurement requirements. 8. Notice. Except as otherwise provided herein, any notice required or permitted by this IGA shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, or by other courier agreed to by both Parties, postage and fees prepaid, addressed to the party to whom such notice is to be given, at the address set forth below, or at such other address as has been previously furnished in writing, to the other party. Such notice shall be deemed to have been given when deposited in the United States mail. TOWN/CITY/COUNTY: With a copy to: Page 64 of 276 4 City of Centennial: City Manager City of Centennial 13133 E. Arapahoe Road Centennial, Colorado 80112 With a copy to: Centennial City Attorney Widner Juran LLP 13133 E. Arapahoe Road, Suite 100 Centennial, Colorado 80112 9. Miscellaneous Provisions. (a) This IGA contains all of the terms agreed upon by the Parties related to the cost sharing of the S2S Communication Project. Any amendments or modifications to this IGA must be in writing executed by the Parties in order to be valid and binding. (b) No Party to this IGA shall assign or transfer any of its rights, duties or obligations hereunder without prior written consent of the other Party which consent may be withheld for any or no reason. (c) The provisions of this IGA shall bind and inure to the benefit of the Parties and to their respective permitted assigns. (d) The Parties agree and acknowledge that this IGA may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. (e) Except as otherwise stated herein, this IGA is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as parties, nor to limit in any way the powers and responsibilities of the Parties. Nothing contained in this IGA shall give or allow any such claim or right of action by any other or third person or entity under or pursuant to this IGA. It is the express intention of the Parties hereto that any person or entity, other than the Parties to this IGA, receiving services or benefits under this IGA shall be deemed to be incidental beneficiaries only. (f) Each and every covenant, promise or term contained in this IGA shall not merge in any other document executed by either or both Parties to effect or implement the provisions of this IGA but shall survive such instrument. (g) This IGA constitutes the entire agreement of the Parties hereto. The Parties agree that there have been no representations made other than those contained herein, that this IGA constitutes their entire Page 65 of 276 5 agreement, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration for one another. (h) Article X, Section 20/TABOR: The Parties understand and acknowledge that Centennial is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Centennial does not intend to violate the terms and requirements of TABOR by the execution of this IGA. It is understood and agreed that this IGA does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this IGA to the contrary, all payment obligations of the Parties are expressly dependent and conditioned upon the continuing availability of funds for such Party beyond the term of the Party’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the individual paying party and other applicable law. Upon the failure to appropriate such funds, this IGA shall be terminated. (i) This IGA may be executed in one or more counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument. (j) The Parties agree to execute any additional documents or take any additional action that is necessary to carry out the intent of this IGA. (k) No waiver of any of the provisions of this IGA shall be deemed to constitute a waiver of any other of the provisions of this IGA, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. (l) No elected official, officer, agent or employee of TOWN/CITY/COUNTY or Centennial shall be charged personally or held contractually liable under any term or provision of this IGA, or because of any breach thereof or because of its or their execution or approval of this IGA. (m) The Parties and their respective elected officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this IGA the monetary limitations or any other rights, immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as the same may be amended from time to time. (n) The Parties enter into this IGA as separate, independent governmental entities and shall maintain such status throughout. Page 66 of 276 6 IN WITNESS WHEREOF, the Parties have executed this IGA to be effective as of the Effective Date set forth above. [signature page to follow] CITY OF ENGLEWOOD ATTEST: By: City Clerk By: Mayor Othoniel Sierra APPROVED AS TO FORM: By: ________________________________ City Attorney’s Office CITY OF CENTENNIAL ATTEST: By: City Clerk or Deputy City Clerk By: Matt Sturgeon, City Manager pursuant to the authority provided by Resolution 2021-R-53 APPROVED AS TO FORM: By: ________________________________ City Attorney’s Office Page 67 of 276 EXHIBIT A CDOT FUNDING IGA Page 68 of 276 EXHIBIT B Data – Systems Access Sharing Standards 1. The Party's computer system used to manage its transportation system shall be firewalled off from other computer systems maintained by the Party. 2. Data shared with the other Party or other participating jurisdictions shall only be used for traffic management purposes and to complete the reporting required to complete the S2S Communication Project. 3. Each Party shall maintain, enforce, and follow security requirements for the data to ensure integrity. 4. Each Party shall retain custody and control over data shared by the other Party or other participating jurisdictions. 5. No Party shall share the data from the other Party or any participating jurisdiction with the public without that entity's consent or knowledge. 6. Each Party will use trusted systems and devices that are configured with security software (i.e., anti-virus, anti-malware, encryption, etc.). Devices must be periodically scanned for restricted/prohibited software. 7. Each party shall incorporate and design best practice considerations as recommended in the National Institutes of Standards and Technology (NIST), A guide to Operational Technology (OT) Security 800-82. Page 69 of 276 Page 70 of 276 Page 71 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 2 of 26 TABLE OF CONTENTS 1. PARTIES ................................................................................................................................................. 2 2. TERM AND EFFECTIVE DATE ............................................................................................................ 2 3. AUTHORITY .......................................................................................................................................... 3 4. PURPOSE ................................................................................................................................................ 4 5. DEFINITIONS ......................................................................................................................................... 4 6. STATEMENT OF WORK ....................................................................................................................... 6 7. PAYMENTS ............................................................................................................................................ 9 8. REPORTING - NOTIFICATION .......................................................................................................... 14 9. LOCAL AGENCY RECORDS.............................................................................................................. 14 10. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................................... 15 11. CONFLICTS OF INTEREST ................................................................................................................ 16 12. INSURANCE ......................................................................................................................................... 16 13. BREACH ............................................................................................................................................... 18 14. REMEDIES............................................................................................................................................ 18 15. DISPUTE RESOLUTION ....................................................................................................................... 19 16. NOTICES AND REPRESENTATIVES .................................................................................................. 20 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ....................................................... 20 18. GOVERNMENTAL IMMUNITY ......................................................................................................... 21 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................................... 21 20. GENERAL PROVISIONS ..................................................................................................................... 21 21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ....................................... 23 22. FEDERAL REQUIREMENTS .............................................................................................................. 25 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ....................................................................... 25 24. DISPUTES ............................................................................................................................................. 26 EXHIBIT A, STATEMENT OF WORK EXHIBIT B, SAMPLE OPTION LETTER EXHIBIT C, FUNDING PROVISIONS EXHIBIT D, LOCAL AGENCY RESOLUTION EXHIBIT E, LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST EXHIBIT F, CERTIFICATION FOR FEDERAL-AID AGREEMENTS EXHIBIT G, DISADVANTAGED BUSINESS ENTERPRISE EXHIBIT H, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES EXHIBIT I, FEDERAL-AID AGREEMENT PROVISIONS FOR CONSTRUCTION AGREEMENTS EXHIBIT J, ADDITIONAL FEDERAL REQUIREMENTS EXHIBIT K, FFATA SUPPLEMENTAL FEDERAL PROVISIONS EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT FORM EXHIBIT M, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS 1. PARTIES This Agreement is entered into by and between Local Agency named on the Signature and Cover Page for this Agreement (“Local Agency”), and the STATE OF COLORADO acting by and through the State agency named on the Signature and Cover Page for this Agreement (the “State” or “CDOT”). Local Agency and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be expended within the dates shown in Exhibit C for each respective phase (“Phase Performance Period(s)”). The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date of this original Agreement; 2) before the encumbering document for the respective phase and the official Page 72 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 3 of 26 Notice to Proceed for the respective phase; or 3) after the Final Phase Performance End Date, as shown in Exhibit C. Additionally, the State shall have no obligation to pay Local Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required billing deadline specified in §7.B.i.e., the expiration of Multimodal Transportation Options Funding (“MMOF”) if applicable, whichever is sooner. The State’s obligation to pay Agreement Funds exclusive of MMOF will continue until the Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no payments will be made after expiration of Agreement Funds. B. Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Effective Date shown on the Signature and Cover Page for this Agreement and shall terminate on October 12, 2031 as shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by §14.A.i. i. Method and Content The State shall notify Local Agency of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject to §14.A.i.a iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Local Agency hereunder. 3. AUTHORITY Authority to enter into this Agreement exists in the law as follows: A. Federal Authority Pursuant to Title I, Subtitle A, of the “Fixing America’s Surface Transportation Act” (FAST Act) of 2015, and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the “Federal Provisions”), certain federal funds have been and are expected to continue to be allocated for transportation projects requested by Local Agency and eligible under the Surface Transportation Improvement Program that has been proposed by the State and approved by the Federal Highway Administration (“FHWA”). B. State Authority Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for the general administration and supervision of performance of projects in the Program, including the administration of federal funds for a Program project performed by a Local Agency under a contract with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2- Page 73 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 4 of 26 101(4)(c) and 43-2-104.5. 4. PURPOSE The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship Agreement with the FHWA. 5. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Agreement Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. C. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. D. “Budget” means the budget for the Work described in Exhibit C. E. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. F. “Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product. G. “Contractor” means the general construction contractor hired by Local Agency to construct the Work. H. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. I. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature and Cover Page for this Agreement. J. “Evaluation” means the process of examining Local Agency’s Work and rating it based on criteria established in §6, Exhibit A and Exhibit E. K. “Exhibits” means the following exhibits attached to this Agreement: i. Exhibit A, Statement of Work. ii. Exhibit B, Sample Option Letter. iii. Exhibit C, Funding Provisions iv. Exhibit D, Local Agency Resolution v. Exhibit E, Local Agency Contract Administration Checklist vi. Exhibit F, Certification for Federal-Aid Contracts vii. Exhibit G, Disadvantaged Business Enterprise viii. Exhibit H, Local Agency Procedures for Consultant Services ix. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts x. Exhibit J, Additional Federal Requirements xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental Federal Provisions xii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards (the “Uniform Guidance”) L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Page 74 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 5 of 26 N. “FHWA” means the Federal Highway Administration, which is one of the twelve administrations under the Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides stewardship over the construction, maintenance and preservation of the Nation’s highways and tunnels. FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. O “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Local Agency in connection with the Services. P. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. Q. “Initial Term” means the time period defined in §2.B R. “Multimodal Transportation Options Funding” or “MMOF” means money transferred from the general fund to the fund pursuant to C.R.S. §§24-75-219 (5)(a)(III) and (5)(b)(III) and any other money that the general assembly may appropriate or transfer to the fund. S. “Notice to Proceed” means the letter issued by the State to the Local Agency stating the date the Local Agency can begin work subject to the conditions of this Agreement. T. “OMB” means the Executive Office of the President, Office of Management and Budget. U. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA. V. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency. W. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501 C.R.S. X. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award. Y. “Services” means the services to be performed by Local Agency as set forth in this Agreement, and shall include any services to be rendered by Local Agency in connection with the Goods. Z. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII and State personnel records not subject to disclosure under CORA. AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24- 30-202(13)(a). BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. “State Purchasing Director” means the position described in the Colorado Procurement Code and its implementing regulations. DD. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. EE. “Subcontractor” means third-parties, if any, engaged by Local Agency to aid in performance of the Work. FF. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. GG. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Page 75 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 6 of 26 Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. HH. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s Local Agency Manual described in this Agreement. II. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 6. STATEMENT OF WORK Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement. Work may be divided into multiple phases that have separate periods of performance. The State may not compensate for Work that Local Agency performs outside of its designated phase performance period. The performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time, at its sole discretion, to extend the period of performance for a phase of Work authorized under this Agreement. To exercise this phase performance period extension option, the State will provide written notice to Local Agency in a form substantially equivalent to Exhibit B. The State’s unilateral extension of phase performance periods will not amend or alter in any way the funding provisions or any other terms specified in this Agreement, notwithstanding the options listed under §7.E A. Local Agency Commitments i. Design If the Work includes preliminary design, final design, design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), Local Agency shall ensure that it and its Contractors comply with and are responsible for satisfying the following requirements: a. Perform or provide the Plans to the extent required by the nature of the Work. b. Prepare final design in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by the State. c. Prepare provisions and estimates in accordance with the most current version of the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by the State. d. Include details of any required detours in the Plans in order to prevent any interference of the construction Work and to protect the traveling public. e. Stamp the Plans as produced by a Colorado registered professional engineer. f. Provide final assembly of Plans and all other necessary documents. g. Ensure the Plans are accurate and complete. h. Make no further changes in the Plans following the award of the construction contract to Contractor unless agreed to in writing by the Parties. The Plans shall be considered final when approved in writing by CDOT, and when final, they will be deemed incorporated herein. ii. Local Agency Work Page 76 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 7 of 26 a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA) 42 U.S.C. § 12101, et. seq., and applicable federal regulations and standards as contained in the document “ADA Accessibility Requirements in CDOT Transportation Projects”. b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans and/or construction administration. Provided, however, if federal-aid funds are involved in the cost of such Work to be done by such Consultant, such Consultant contract (and the performance provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as provided by the State, including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work: 1) Local Agency shall submit a certification that procurement of any Consultant contract complies with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract, subject to the State’s approval. If not approved by the State, Local Agency shall not enter into such Consultant contract. 2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by the State and FHWA and that they are in writing. Immediately after the Consultant contract has been awarded, one copy of the executed Consultant contract and any amendments shall be submitted to the State. 3) Local Agency shall require that all billings under the Consultant contract comply with the State’s standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. 4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the CDOT procedures described in Exhibit H to administer the Consultant contract. 5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant contract by submitting a letter to CDOT from Local Agency’s attorney/authorized representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d). 6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) The design work under this Agreement shall be compatible with the requirements of the contract between Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third-party beneficiary of this agreement for that purpose. (b) Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. (c) The consultant shall review the construction Contractor’s shop drawings for conformance with the contract documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work. (d) The State, in its sole discretion, may review construction plans, special provisions and estimates and may require Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements. iii. Construction If the Work includes construction, Local Agency shall perform the construction in accordance with the approved design plans and/or administer the construction in accordance with Exhibit E. Such administration shall include Work inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for Page 77 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 8 of 26 contract modification orders and minor contract revisions; processing construction Contractor claims; construction supervision; and meeting the quality control requirements of the FHWA/CDOT Stewardship Agreement, as described in Exhibit E. a. The State may, after providing written notice of the reason for the suspension to Local Agency, suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. b. Local Agency shall be responsible for the following: 1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall administer the Work in accordance with this Agreement, the requirements of the construction contract and applicable State procedures, as defined in the CDOT Local Agency Manual (https://www.codot.gov/business/designsupport/bulletins_manuals/2006-local-agency- manual). 2) For the construction Services, advertising the call for bids, following its approval by the State, and awarding the construction contract(s) to the lowest responsible bidder(s). (a) All Local Agency’s advertising and bid awards pursuant to this Agreement shall comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim, into any subcontract(s) for Services as terms and conditions thereof, as required by 23 C.F.R. 633.102(e). (b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on which competitive bids have been received. Local Agency must accept or reject such bids within 3 working days after they are publicly opened. (c) If Local Agency accepts bids and makes awards that exceed the amount of available Agreement Funds, Local Agency shall provide the additional funds necessary to complete the Work or not award such bids. (d) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the State. (e) The State (and in some cases FHWA) must approve in advance all Force Account Construction, and Local Agency shall not initiate any such Services until the State issues a written Notice to Proceed. iv. Right of Way (ROW) and Acquisition/Relocation a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency shall convey the ROW to CDOT promptly upon the completion of the project/construction. b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and regulations, including but not limited to, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24), CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives. c. The Parties’ respective responsibilities for ensuring compliance with acquisition, relocation and incidentals depend on the level of federal participation as detailed in CDOT’s Right of Way Manual (located at http://www.codot.gov/business/manuals/right-of-way); however, the State always retains oversight responsibilities. d. The Parties’ respective responsibilities at each level of federal participation in CDOT’s Right of Way Manual, and the State’s reimbursement of Local Agency costs will be determined pursuant the following categories: Page 78 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 9 of 26 1) Right of way acquisition (3111) for federal participation and non-participation; 2) Relocation activities, if applicable (3109); 3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way – 3114). v. Utilities If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any utility company that may become involved in the Work. Prior to the Work being advertised for bids, Local Agency shall certify in writing to the State that all such clearances have been obtained. vi. Railroads If the Work involves modification of a railroad company’s facilities and such modification will be accomplished by the railroad company, Local Agency shall make timely application to the Public Utilities Commission (“PUC”) requesting its order providing for the installation of the proposed improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC’s order. Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects involving railroad facilities, and: a. Execute an agreement with the railroad company setting out what work is to be accomplished and the location(s) thereof, and which costs shall be eligible for federal participation. b. Obtain the railroad’s detailed estimate of the cost of the Work. c. Establish future maintenance responsibilities for the proposed installation. d. Proscribe in the agreement the future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. e. Establish future repair and/or replacement responsibilities, as between the railroad company and the Local Agency, in the event of accidental destruction or damage to the installation. vii. Environmental Obligations Local Agency shall perform all Work in accordance with the requirements of current federal and State environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as applicable. viii. Maintenance Obligations Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and regulations pertaining to maintaining such improvements. The State and FHWA may make periodic inspections to verify that such improvements are being adequately maintained. ix. Monitoring Obligations Local Agency shall respond in a timely manner to and participate fully with the monitoring activities described in §7.F.vi. B. State’s Commitments i. The State will perform a final project inspection of the Work as a quality control/assurance activity. When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212. ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable or responsible in any manner for the structural design, details or construction of any Work constituting major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E. 7. PAYMENTS A. Maximum Amount Page 79 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 10 of 26 Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the Agreement Maximum set forth in Exhibit C. B. Payment Procedures i. Invoices and Payment a. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in Exhibit C. b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Local Agency and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Local Agency shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement. e. If a project is funded in part by the State with MMOF there is an expiration date for the funds. The expiration date applies to grants and local funds used to match grants. In order to receive payment from the State or credit for the match, Work must be completed prior to the expiration date of funding and invoiced in compliance with C.R.S. §§24-75-102(a) and 24-30-202(11). Billing for this work must be submitted 30 days prior to the end of the State Fiscal Year which is June 30th. ii. Interest Amounts not paid by the State within 45 days after the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30- 202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Payment Disputes If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Local Agency and may make changes to its determination based on this review. The calculation, determination, or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination a. The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Agreement Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Agreement Funds, the State’s obligation to pay Local Agency shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Agreement Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Agreement Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and Page 80 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 11 of 26 this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.C. b. If the agreement funds are terminated, the State can terminate the contract early. Payment due for work done to the date of termination will be processed in a manner consistent with §2.C. v. Erroneous Payments The State may recover, at the State’s discretion, payments made to Local Agency in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Local Agency. The State may recover such payments by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Local Agency, or by any other appropriate method for collecting debts owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period (as defined below in §9.A.). C. Matching Funds Local Agency shall provide matching funds as provided in §7.A. and Exhibit C. Local Agency shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Local Agency’s obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s treasury. Local Agency represents to the State that the amount designated “Local Agency Matching Funds” in Exhibit C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit D. Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes, or penalties of any nature, except as required by Local Agency’s laws or policies. D. Reimbursement of Local Agency Costs The State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount described in Exhibit C and §7. The applicable principles described in 2 C.F.R. Part 200 shall govern the State’s obligation to reimburse all costs incurred by Local Agency and submitted to the State for reimbursement hereunder, and Local Agency shall comply with all such principles. The State shall reimburse Local Agency for the federal-aid share of properly documented costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. Local Agency costs for Work performed prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. Local Agency costs for Work performed after any Performance Period End Date for a respective phase of the Work, is not reimbursable. Allowable costs shall be: i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided. ii. Actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency that reduce the cost actually incurred). E. Unilateral Modification of Agreement Funds Budget by State Option Letter The State may, at its discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub-sections B and C of the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized delegate. Modification of Exhibit C by unilateral Option Letter is permitted only in the specific scenarios listed below. The State will exercise such options by providing Local Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B. Such Option Letters will be incorporated into this Agreement. Page 81 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 12 of 26 i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount The State may require by Option Letter that Local Agency begin a new Work phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option Letters may not modify the other terms and conditions stated in this Agreement, and must decrease the amount budgeted and encumbered for one or more other Work phases so that the total amount of budgeted Agreement Funds remains the same. The State may also issue a unilateral Option Letter to simultaneously increase and decrease the total encumbrance amount of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). ii. Option to Transfer Funds from One Phase to Another Phase. The State may require or permit Local Agency to transfer Agreement Funds from one Work phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit (Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. iii. Option to Exercise Options i and ii. The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. iv. Option to Update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C. The State may update any information contained in Exhibit C, Sections 2 and 4 of the Table, and sub-sections B and C of the Exhibit C. F. Accounting Local Agency shall establish and maintain accounting systems in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme). Such accounting systems shall, at a minimum, provide as follows: i. Local Agency Performing the Work If Local Agency is performing the Work, it shall document all allowable costs, including any approved Services contributed by Local Agency or subcontractors, using payrolls, time records, invoices, contracts, vouchers, and other applicable records. ii. Local Agency-Checks or Draws Checks issued or draws made by Local Agency shall be made or drawn against properly signed vouchers detailing the purpose thereof. Local Agency shall keep on file all checks, payrolls, invoices, contracts, vouchers, orders, and other accounting documents in the office of Local Agency, clearly identified, readily accessible, and to the extent feasible, separate and apart from all other Work documents. iii. State-Administrative Services The State may perform any necessary administrative support services required hereunder. Local Agency shall reimburse the State for the costs of any such services from the budgeted Agreement Funds as Page 82 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 13 of 26 provided for in Exhibit C. If FHWA Agreement Funds are or become unavailable, or if Local Agency terminates this Agreement prior to the Work being approved by the State or otherwise completed, then all actual incurred costs of such services and assistance provided by the State shall be reimbursed to the State by Local Agency at its sole expense. iv. Local Agency-Invoices Local Agency’s invoices shall describe in detail the reimbursable costs incurred by Local Agency for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and Local Agency shall not submit more than one invoice per month. v. Invoicing Within 60 Days The State shall not be liable to reimburse Local Agency for any costs invoiced more than 60 days after the date on which the costs were incurred, including costs included in Local Agency’s final invoice. The State may withhold final payment to Local Agency at the State’s sole discretion until completion of final audit. Any costs incurred by Local Agency that are not allowable under 2 C.F.R. Part 200 shall be Local Agency’s responsibility, and the State will deduct such disallowed costs from any payments due to Local Agency. The State will not reimburse costs for Work performed after the Performance Period End Date for a respective Work phase. The State will not reimburse costs for Work performed prior to Performance Period End Date, but for which an invoice is received more than 60 days after the Performance Period End Date. vi. Risk Assessment & Monitoring Pursuant to 2 C.F.R. 200.331(b), – CDOT will evaluate Local Agency’s risk of noncompliance with federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete a Risk Assessment Form (Exhibit L) when that may be requested by CDOT. The risk assessment is a quantitative and/or qualitative determination of the potential for Local Agency’s non-compliance with the requirements of the Federal Award. The risk assessment will evaluate some or all of the following factors: • Experience: Factors associated with the experience and history of the Subrecipient with the same or similar Federal Awards or grants. • Monitoring/Audit: Factors associated with the results of the Subrecipient’s previous audits or monitoring visits, including those performed by the Federal Awarding Agency, when the Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single audit, where the specific award being assessed was selected as a major program. • Operation: Factors associated with the significant aspects of the Subrecipient’s operations, in which failure could impact the Subrecipient’s ability to perform and account for the contracted goods or services. • Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with financial requirements of the Federal Award. • Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable and timely financial and management information, and ensuring adherence to its policies and plans. • Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the overall success of the program objectives. • Program Management: Factors associated with processes to manage critical personnel, approved written procedures, and knowledge of rules and regulations regarding federal-aid projects. Following Local Agency’s completion of the Risk Assessment Tool (Exhibit L), CDOT will determine the level of monitoring it will apply to Local Agency’s performance of the Work. This risk assessment may be re-evaluated after CDOT begins performing monitoring activities. G. Close Out Page 83 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 14 of 26 Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. Close out requires Local Agency’s submission to the State of all deliverables defined in this Agreement, and Local Agency’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If FHWA has not closed this Federal Award within 1 year and 90 days after the Final Phase Performance End Date due to Local Agency’s failure to submit required documentation, then Local Agency may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 8. REPORTING - NOTIFICATION A. Quarterly Reports In addition to any reports required pursuant to §19 or pursuant to any exhibit, for any contract having a term longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five (5) Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Local Agency is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s principal representative identified in §16. C. Performance and Final Status Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an Evaluation of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder. D. Violations Reporting Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321). 9. LOCAL AGENCY RECORDS A. Maintenance Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period (the “Record Retention Period”) of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local Agency in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Local Agency shall permit the State to audit, inspect, examine, excerpt, copy, and transcribe Local Agency Records during the Record Retention Period. Local Agency shall make Local Agency Records available during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon Page 84 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 15 of 26 times or locations, upon no fewer than 2 Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures as determined by the State. The State shall monitor Local Agency’s performance in a manner that does not unduly interfere with Local Agency’s performance of the Work. D. Final Audit Report Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Local Agency or a third party. 10. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the State, use for Local Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Local Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon request. C. Use, Security, and Retention Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Local Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall return State Records provided to Local Agency or destroy such State Records and certify to the State that it has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which Page 85 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 16 of 26 may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. 11. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Local Agency shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. Officers, employees and agents of Local Agency may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. B. Apparent Conflicts of Interest Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Local Agency’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. 12. INSURANCE Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies with an AM Best rating of A-VIII or better. A. Local Agency Insurance Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10- 101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. B. Subcontractor Requirements Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA, maintains at all times during the terms of this Agreement, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all times during the terms of this Agreement all of the following insurance policies: i. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Local Agency or Subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial general liability insurance written on an Insurance Services Office occurrence form, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a. $1,000,000 each occurrence; b. $1,000,000 general aggregate; Page 86 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 17 of 26 c. $1,000,000 products and completed operations aggregate; and d. $50,000 any 1 fire. iii. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Protected Information Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows: a. $1,000,000 each occurrence; and b. $2,000,000 general aggregate. v. Professional Liability Insurance Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: a. $1,000,000 each occurrence; and b. $1,000,000 general aggregate. vi. Crime Insurance Crime insurance including employee dishonesty coverage with minimum limits as follows: a. $1,000,000 each occurrence; and b. $1,000,000 general aggregate. C. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Local Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier shall provide at least 10 days prior written notice to CDOT. D. Primacy of Coverage Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self- insurance program carried by Local Agency or the State. E. Cancellation All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local Agency’s receipt of such notice. F. Subrogation Waiver All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. G. Certificates For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement within 7 Business Days following the Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within 7 Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective Page 87 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 18 of 26 Date, Local Agency shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within 7 Business Days following Local Agency’s execution of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within 7 Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this §12. 13. BREACH A. Defined The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Local Agency, or the appointment of a receiver or similar officer for Local Agency or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement in order to protect the public interest of the State. 14. REMEDIES A. State’s Remedies If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §13.B, shall have all of the remedies listed in this §14.A. in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Local Agency shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Local Agency shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State all of Local Agency's rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of Local Agency but in which the State has an interest. At the State’s request, Local Agency shall return materials owned by the State in Local Agency’s possession at the time of any termination. Local Agency shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Local Agency was not in breach or that Local Agency's action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.C. Page 88 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 19 of 26 c. Damages and Withholding Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the State for any damages sustained by the State in connection with any breach by Local Agency, and the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Local Agency is determined. The State may withhold any amount that may be due Local Agency as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Local Agency’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Local Agency after the suspension of performance. b. Withhold Payment Withhold payment to Local Agency until Local Agency corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal from the Work of any of Local Agency’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right, Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or Local Agency; (b) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (c) remove any infringing Work and refund the amount paid for such Work to the State. B. Local Agency’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency, following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies available at law and equity. 15. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Local Agency for resolution. B. Resolution of Controversies If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement Official of CDOT as Page 89 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 20 of 26 described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, 24- 109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-109-501 through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. 16. NOTICES AND REPRESENTATIVES Each individual identified below shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (i) by hand with receipt required, (ii) by certified or registered mail to such Party’s principal representative at the address set forth below or (iii) as an email with read receipt requested to the principal representative at the email address, if any, set forth below. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth below. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §16 without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. For the State Colorado Department of Transportation (CDOT) Chris Vokurka, P.E., PTOE Engineering 2829 W. Howard Place Denver, CO 80204 303-512-4058 Christopher.Vokurka@state.co.us For the Local Agency City Of Centennial Anna Bunce, P.E., PTOE 7272 S. Eagle St. Centennial, CO 80112 303-325-8036 ABunce@centennialco.gov 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or not Local Agency is under contract with the State at the time, Local Agency shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for hire. i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights Page 90 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 21 of 26 or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency cannot make any of the assignments required by this section, Local Agency hereby grants to the State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license. ii. Patents In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials, data, and information shall be the exclusive property of the State (collectively, “State Materials”). Local Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. 18. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Local Agency under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply with the provisions of §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 C.R.S. regarding the monitoring of vendor performance and the reporting of contract performance information in the State’s contract management system (“Contract Management System” or “CMS”). Local Agency’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS, and State Fiscal Rules and State Controller policies. 20. GENERAL PROVISIONS A. Assignment Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the State shall be subject to the provisions of this Agreement B. Subcontracts Local Agency shall not enter into any subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Local Agency shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Local Agency in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. C. Binding Effect Except as otherwise provided in §20.A. all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. Page 91 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 22 of 26 D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H. Jurisdiction and Venue All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. I. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than contract amendments, shall conform to the policies promulgated by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K. Order of Precedence In the event of a conflict or inconsistency between this Agreement and any exhibits or attachment such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions in the main body of this Agreement. ii. The provisions of the other sections of the main body of this Agreement. iii Exhibit A, Statement of Work. iv. Exhibit D, Local Agency Resolution. v. Exhibit C, Funding Provisions. vi. Exhibit B, Sample Option Letter. vii. Exhibit E, Local Agency Contract Administration Checklist. viii. Other exhibits in descending order of their attachment. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of the Agreement. M. Survival of Certain Agreement Terms Page 92 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 23 of 26 Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other Party. N. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §20.C, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. O. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. P. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-103.5-101 C.R.S., if any, are subject to public release through the CORA. Q. Standard and Manner of Performance Local Agency shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Local Agency’s industry, trade, or profession. R. Licenses, Permits, and Other Authorizations. Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. 21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Page 93 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 24 of 26 Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due Page 94 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 25 of 26 under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. R e vi s e d 11 - 1 - 18 22. FEDERAL REQUIREMENTS Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of this Agreement 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. A summary of applicable federal provisions are attached hereto as Exhibit F, Exhibit I, Exhibit J, Exhibit K and Exhibit M are hereby incorporated by this reference. 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) Local Agency will comply with all requirements of Exhibit G and Local Agency Contract Administration Checklist regarding DBE requirements for the Work, except that if Local Agency desires to use its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the execution of this Agreement. If Local Agency uses any State- approved DBE program for this Agreement, Local Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for DBE goals and good faith efforts. State approval (if provided) of Local Agency’s DBE program does not waive or modify the sole responsibility of Local Agency for use of its program. Page 95 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 PO # / OLA #: 331002623 Routing #: 22-HA1-XC-00229 Document Builder Generated Rev. 04/22/2020 Page 26 of 26 24. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 96 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 EXHIBIT A STATEMENT OF WORK System-to-System (S2S) Communication AQC M193-021 24737 This project will connect the participating agencies Centracs systems to permit information sharing and increase situational awareness beyond agency boundaries. Increase ability to monitor and control Centracs systems in real-time, through resource sharing with other agencies, and increase timeframe that systems have operation-staff oversight to change signal timing operations in the event of an incident that causes congestion on local roads in participating agency jurisdictions, including across jurisdictions. This project will follow the Systems Engineering Analysis Process. The design element will include a regional map. The new system and map will be evaluated in a formal report, which will detail the system configuration, functionalities, and use cases. The City of Centennial will complete the project elements under its approved LACA process. All improvements, including software, communications devices, communication media, cabinets, etc. installed within a participating agency will become the property and maintenance responsibility of the respective participating agency. FHWA requires benefits be reported for projects that receive CMAQ funds. The Local Agency shall coordinate with the State’s Metropolitan Planning Organizations (MPO), or Transportation Planning Region (TPR), to submit the federally required CMAQ reporting information to CDOT. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. Exhibit A – Page 1 of 1 Page 97 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 EXHIBIT B SAMPLE IGA OPTION LETTER Date State Fiscal Year Option Letter No. Project Code Original Agreement # Vendor Name: Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). Option to unilaterally transfer funds from one phase to another phase. Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and to unilaterally transfer funds from one phase to another phase. Option to unilaterally extend the performance of this Agreement and/or update a Work Phase Performance Period. Option A In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency), the State hereby exercises the option to authorize the Local Agency to add a phase and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Option B In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to transfer funds based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Option C In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from phases based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Exhibit B - Page 1 of 2 Page 98 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. Option D In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option extend the performance of this Agreement and/or update a Work Phase Performance Period. The total encumbrance as a result of this option and all previous options and/or amendments is now $0.00, as referenced in Exhibit C-1. The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: as referenced in Exhibit C-1. The effective date of this option letter is upon approval of the State Controller or delegate. STATE OF COLORADO Jared S. Polis Department of Transportation By: Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date: ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: Exhibit B - Page 2 of 2 Page 99 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit C – Page 1 of 2 EXHIBIT C FUNDING PROVISIONS EXHIBIT C – FUNDING PROVISIONS AQC M193-021 (24737) A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $1,000,000.00, which is to be funded as follows: 1. BUDGETED FUNDS a. Federal Funds (80.00% of Participating Costs) b. Local Agency Matching Funds (20.00% of Participating Costs) $800,000.00 $200,000.00 TOTAL BUDGETED FUNDS $1,000,000.00 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): b. Federal Award Date (also Phase Performance StartDate): c. Amount of Federal Funds Obligated: d. Total Amount of Federal Award: e. Name of Federal Awarding Agency: f. CFDA # Highway Planning andConstruction g. Is the Award for R&D? h. Indirect Cost Rate (if applicable) TBD See Below $0.00 $800,000.00 FHWA CFDA 20.205 No N/A 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted b. Less Estimated Federal Share of CDOT-Incurred Costs $800,000.00 $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $800,000.00 4. FOR CDOT ENCUMBRANCEPURPOSES a. Total Encumbrance Amount b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $1,000,000.00 $0.00 Net to be encumbered as follows: $1,000,000.00 Note: No funds are currently available. Design and Construction funds will become available after execution of an Option letter (Exhibit B) or formal Amendment. WBS Element 24737.20.10 Performance Period Start*/End Date TBD / TBD Const. 3301 $0.00 *The Local Agency should not begin work until all three of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three milestones are achieved will not be reimbursable. Page 100 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit C - Page 2 of 2 B. Matching Funds The matching ratio for the federal participating funds for this Work is 80.00% federal-aid funds to 20.00% Local Agency funds, it being understood that such ratio applies only to the $1,000,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $1,000,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20.00% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $1,000,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $800,000.00 (for CDOT accounting purposes, the federal funds of $800,000.00 and the Local Agency matching funds of $200,000.00 will be encumbered for a total encumbrance of $1,000,000.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid andaward. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency’s awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. E. of this contract. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving $750,000 or more from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of $750,000 or more-Highway Funds Only If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. iii. Expenditure of $750,000 or more-Multiple Funding Sources If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Page 101 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit D - Page 1 of 3 EXHIBIT D -- LOCAL AGENCY RESOLUTION Page 102 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit D - Page 2 of 3 City of Centennial Resolution No. 2021-R-53 Page 2 Project as long as the aggregate compensation payable by the City for all contracts so executed are within the amounts budgeted and appropriated for the S2S Communication Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Centennial, Colorado that: Section 1. The City Council hereby (a) adopts the above recitations as findings of the City Council; (b) authorizes the City Manager and the City Attorney, in consultation with the Mayor, to make such changes as may be needed to the IGA for the S2S Communication Project in order to correct any nonmaterial errors or language that will not increase the financial obligations of the City; and (c) authorizes the City Manager to execute the IGA with COOT following review by the City Attorney's Office; and (d) authorizes the City Manager to execute any and all other necessary letters, orders, or documents as may be required to facilitate the completion of the S2S Communication Project identified in this Resolution. Section 2. The City Council authorizes the City Manager to execute on behalf of the City of Centennial such construction contracts, letters, orders and other documents necessary or desirable to complete the S2S Communication Project within the budget therefor as set forth and identified in the City's budget, as the same may be amended from time to time (the "Project Budget"). If costs and expenses associated with completing the S2S Communication Project exceed the Project Budget, such that a supplemental appropriation is required to be approved by City Council following a public hearing thereon, the signature authority set forth in this Resolution shall be temporarily suspended until such time as the City Council has considered and approved the supplemental appropriation(s) approving the funding necessary to complete the S2S Communication Project. Section 3. During the pendency of the S2S Communication Project, the City Manager shall provide periodic updates to City Council regarding the status thereof, if and as requested by City Council. Section 4. The City Council shall indemnify, hold harmless, and defend the City Manager in the exercise of the powers granted by this Resolution provided that such exercise is made in a reasonable and good faith reliance on the authority granted by this Resolution and such exercise is within the scope of the City Manager's duties and authorities as the chief administrative official of the City of Centennial. Section 5. adoption. Effective Date. This Resolution shall be effective immediately upon Page 103 of 276 Page 104 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Previous editions are obsolete and may not be used. Exhibit E- Page 1 of 4 CDOT Form 1243 7/15 Page 1 of 4 EXHIBIT E - LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST Project No. AQC M193-021 STIP No. Project Code 24737 Region R1 Project Location City of Centennial Date 09/26/21 Project Description Develop a multiagency operations concept for jurisdictions with Centracs signal control systems. Design and implement infrastructure and systems improvements to close identified gaps to achieve concept, which is largely envisioned as SPM and incident management. Local Agency City of Centennial Local Agency Project Manager Thomas Udell CDOT Resident Engineer Ben Kiene CDOT Project Manager Chris Vokurka INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must concur or approve. Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist. Note: Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in funding. NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT TIP / STIP AND LONG-RANGE PLANS 2.1 Review Project to ensure it is consist with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA concurrence/involvement) X PROJECT DEVELOPMENT 5.1 Prepare Design Data - CDOT Form 463 X 5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X 5.3 Conduct Consultant Selection/Execute Consultant Agreement • Project Development • Construction Contract Administration (including Fabrication Inspection Services) X X 5.4 Conduct Design Scoping Review Meeting X 5.5 Conduct Public Involvement X 5.6 Conduct Field Inspection Review (FIR) X 5.7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X Page 105 of 276 Page 106 of 276 Page 107 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit E- Page 4 of 4 NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA CDOT • Hot mix asphalt N/A 9.9 Check Final Materials Documentation N/A 9.10 Complete and Distribute Final Materials Documentation N/A CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements X 10.2 Process CDOT Form 205 - Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to EEO/Civil Rights Specialist X 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete CDOT Form 280 X 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the “Commercially Useful Function” Requirements X 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200 - OJT Training Questionnaire X 10.6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X 10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report X FINALS 11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final Acceptance Report (Resident Engineer with mandatory Local Agency participation.) X X 11.2 Write Final Project Acceptance Letter X 11.3 Advertise for Final Settlement X 11.4 Prepare and Distribute Final As-Constructed Plans X 11.5 Prepare EEO Certification X 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications X 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X 11.8 Obtain CDOT Form 1419 from the Contractor and Submit to the Resident Engineer X 11.9 (FHWA Form 47 discontinued) X 11.10 Complete and Submit CDOT Form 1212 – Final Acceptance Report (by CDOT) X 11.11 Process Final Payment X 11.12 Complete and Submit CDOT Form 950 - Project Closure X 11.13 Retain Project Records for Six Years from Date of Project Closure X 11.14 Retain Final Version of Local Agency Contract Administration Checklist X cc: CDOT Resident Engineer/Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Local Agency Project Manager Previous editions are obsolete and may not be used. CDOT Form 1243 7/15 Page 4 of 4 Page 108 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit F - Page 1 of 1 EXHIBIT F CERTIFICATION FOR FEDERAL-AID CONTRACTS The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that: 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, Agreement, loan, or cooperative agreement. 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 of Congress, or an employee of a Member of Congress in connection with this Federal contract, Agreement, 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. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly. Page 109 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit G - Page 1 of 1 EXHIBIT G DISADVANTAGED BUSINESS ENTERPRISE SECTION 1. Policy. It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 26. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2. DBE Obligation. The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all participants or contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3 DBE Program. The Local Agency (sub-recipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from and will be mailed to the Local Agency upon request: Business Programs Office Colorado Department of Transportation 2829 West Howard Place Denver, Colorado 80204 Phone: (303) 757-9007 REVISED 1/22/98 REQUIRED BY 49 CFR PART 26 Page 110 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit H - Page 1 of 2 EXHIBIT H LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded Local Agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states “The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost” and according to 23 CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a Local Agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting Local Agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting Local Agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30- 1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The Local Agency shall not advertise any federal aid contract without prior review by the CDOT Regional Civil Rights Office (RCRO) to determine whether the contract shall be subject to a DBE contract goal. If the RCRO determines a goal is necessary, then the Local Agency shall include the goal and the applicable provisions within the advertisement. The Local Agency shall not award a contract to any Contractor or Consultant without the confirmation by the CDOT Civil Rights and Business Resource Center that the Contractor or Consultant has demonstrated good faith efforts. The Local Agency shall work with the CDOT RCRO to ensure compliance with the established terms during the performance of the contract. 5. The Local Agency shall require that all contractors pay subcontractors for satisfactory performance of work no later than 30 days after the receipt of payment for that work from the contractor. For construction projects, this time period shall be reduced to seven days in accordance with Colorado Revised Statute 24-91-103(2). If the Local Agency withholds retainage from contractors and/or allows contractors to withhold retainage from subcontractors, such retainage provisions must comply with 49 CFR 26.29. 6. Payments to all Subconsultants shall be made within thirty days of receipt of payment from [the Local Agency] or no later than ninety days from the date of the submission of a complete invoice from the Subconsultant, whichever occurs first. If the Consultant has good cause to dispute an amount invoiced by a Subconsultant, the Consultant shall notify [the Local Agency] no later than the required date for payment. Such notification shall include the amount disputed and justification for the withholding. The Consultant shall maintain records of payment that show amounts paid to all Subconsultants. Good cause does not include the Consultant’s failure to submit an invoice to the Local Agency or to deposit payments made. 7. The analysis and selection of the consultants shall be done in accordance with CRS §24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, Page 111 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit H - Page 2 of 2 b. Approach to the Work, c. Ability to furnish professionalservices. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budgetrequirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 8. Once a consultant is selected, the Local Agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 9. A qualified Local Agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the Local Agency prepares a performance evaluation (a CDOT form is available) on the consultant. CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1, PROVIDE ADDITIONAL DETAILS FOR COMPLYING WITH THE PRECEEDING EIGHT (8) STEPS. Page 112 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 1 of 11 FHWA-1273 -- Revised May 1, 2012 EXHIBIT I FEDERAL-AID CONTRACT PROVISIONS FOR CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: AccidentPrevention VIII. False Statements Concerning HighwayProjects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Government wide Suspension and DebarmentRequirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a constructioncontract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension/debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: Page 113 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 2 of 11 a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under thecontract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- jobtraining." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken asa minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policyand its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty withthe contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities andwomen. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscriminationprovisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed withemployees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wagepractices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training andPromotion: The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. a. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). b. The contractor will advise employees and applicants for employment of available training programs and entrance requirements foreach. c. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. Page 114 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 3 of 11 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higherpaying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contractingagency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of thiscontract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor 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 the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and theFHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the- job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period precedingthe end of July. III. NONSEGREGATEDFACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single- user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACTPROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. Page 115 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 4 of 11 The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wagedetermination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time isnecessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time isnecessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program. Page 116 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 5 of 11 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basicrecords a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicableprograms. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5(a)(3) (ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5 12. 4. Apprentices andtrainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. Page 117 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 6 of 11 The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicablewage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in thiscontract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Page 118 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 7 of 11 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS ANDSAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in suchworkweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of thissection. VI. SUBLETTING OR ASSIGNINGTHECONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leasedemployees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. Page 119 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 8 of 11 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENTPREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by thecontract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representativethereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily availabletoallpersonsconcerned with theproject: 18 U.S.C. 1020 reads as follows: Page 120 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 9 of 11 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans,maps,specifications, contracts, orcostsof construction on any highway or related project submitted for approval to the Secretary of Transportation;or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related projectapproved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT ANDFEDERAL WATER POLLUTION CONTROLACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification– First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. Page 121 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 10 of 11 The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering intothis transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of businessdealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause ordefault. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,orreceivingstolenproperty; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - LowerTier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providingthecertificationset out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 122 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 11 of 11 c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such assubcontractorsand suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactionsexceedingthe$25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 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. 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 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 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. 2. 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 31 U.S.C. 1352. 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 suchfailure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page 123 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit I - Page 12 of 11 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the AppalachianRegionalDevelopment Actof1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State whereinthecontract work issituated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of thecontractwork. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as providedin subparagraph(4) below. 2. The contractor shall place a joborder with the State Employment Service indicating(a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participantestimatessuchemployeeswillbe required, and (d) any other pertinent information required by the State Employment Service to completethe job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptlynotify the StateEmploymentService. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normallyreside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph(1c)above. 5. The provisions of 23 CFR 633.207(e) allow the contractingagency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Page 124 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 1 of 11 EXHIBIT J ADDITIONAL FEDERAL REQUIREMENTS Federal laws and regulations that may be applicable to the Work include: Executive Order 11246 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 the Local Agencys and their contractors or the Local Agencys). Copeland "Anti-Kickback" Act The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or repair). Davis-Bacon Act 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 the Local Agencys and the Local Agencys when required by Federal Agreement 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). Contract Work Hours and Safety Standards Act 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 the Local Agency’s in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). Clear Air Act Standards, orders, or requirements issued under section 306 of the Clear 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 sub-Agreements of amounts in excess of $100,000). Energy Policy and Conservation Act 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). OMB Circulars Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. Hatch Act The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. Nondiscrimination The Local Agency shall not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color national origin, sex, age or disability. Prior to the receipt of any Federal financial assistance from CDOT, the Local Agency shall execute the attached Standard DOT Title VI assurance. As appropriate, the Local Agency shall include Appendix A, B, or C to the Standard DOT Title VI assurance in any contract utilizing federal funds, land or other aid. The Local Agency shall also include the following in all contract advertisements: The [Local Agency], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, DBEs will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for any award. Page 125 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 2 of 11 ADA In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall require the federal- aid recipient or contractor to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. Uniform Relocation Assistance and Real Property Acquisition Policies Act The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91- 646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of the Agreement). Drug-Free Workplace Act The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84. 23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions". Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof. Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: i. Compliance with Regulations The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. ii. Nondiscrimination The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. iv. Information and Reports The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. Page 126 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 3 of 11 v. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. Incorporation of Provisions §22 The Contractor will include the provisions of this Exhibit J in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 127 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 4 of 11 SAMPLE The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances for Local Agencies DOT Order No. 1050.2A The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Aviation Administration (FAA), is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA, or FAA. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: 3. "The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fairopportunity Page 128 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 5 of 11 4. to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 5. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 6. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 7. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 8. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 9. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 10. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the followingperiods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of theproperty. 11. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 12. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub- grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review Page 129 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 6 of 11 upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. [Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. (Name of Recipient) by (Signature of Authorized Official) DATED Page 130 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 7 of 11 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, FHWA, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or nationalorigin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the [Local Agency], CDOT or FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWA may determine to be appropriate, including, but not limitedto: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or inpart. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 131 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the [Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the [Local Agency] its successors and assigns. The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Exhibit J - Page 8 of 11 Page 132 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 9 of 11 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the [Local Agency] pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of saidfacilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued. * C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency] will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. * (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Page 133 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 10 of 11 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by [Local Agency] pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in thisAssurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued. * C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency] will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and its assigns. * (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Page 134 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit J - Page 11 of 11 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs andprojects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, andsex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 135 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit K - Page 1 of 4 EXHIBIT K FFATA SUPPLEMENTAL FEDERAL PROVISIONS State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non- Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu ofmoney; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform. 15. “Entity” means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization, which is a State, local government, or IndianTribe; 1.5.2. A foreign public entity; 1.5.3. A domestic or foreign non-profit organization; Page 136 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit K - Page 2 of 4 1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federalentity. 1.6. “Executive” means an officer, managing partner or any other employee in a management position. 1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency Act.” 19. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award. 110. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the performance of all or any portion of the substantive project or program for which the Award was granted. 111. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non- Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term “Subrecipient” includes and may be referred to as Subgrantee. 1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award Management (SAM) profile, if applicable. 1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 114. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 116. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. Page 137 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit K - Page 3 of 4 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor’sinformation. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 42.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. Page 138 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit K - Page 4 of 4 7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following dataelements: 7.2.1 Subrecipient’s DUNS Number as registered in SAM. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award” may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reportingrequirements for Vendors. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. Page 139 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit L - Page 1 of 3 EXHIBIT L SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT Page 140 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit L - Page 2 of 3 Page 141 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit L - Page 3 of 3 Page 142 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit M - Page 1 of 5 EXHIBIT M - OMB Uniform Guidance for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), Federal Register, Vol. 78, No. 248, 78590 The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control. 9. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 9.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38 9.2. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiaryof a Federal program. 9.3. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. 2 CFR §200.37 9.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. 9.5. “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an Award. The term does not include an agreement that provides only direct Federal cash assistance to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR §200.51. 9.6. “OMB” means the Executive Office of the President, Office of Management and Budget. 9.7. “Recipient” means a Colorado State department, agency or institution of higher education that receives a Federal Award from a Federal Awarding Agency to carry out an activity under a Federal program. The term does not include Subrecipients. 2 CFR §200.86 9.8. “State” means the State of Colorado, acting by and through its departments, agencies and institutions of higher education. 9.9. “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part of a Federal program. The term does not include an individual who is a beneficiary of such program. 9.10. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 9.11. “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from relevant Federal agencies or the Colorado State Controller. 10. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance, including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions Page 143 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit M - Page 2 of 5 automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 11. Procurement Standards. 3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPAguidelines. 4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass- through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5). 5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501. 5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with §200.507 (Program-specific audits). Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit. 5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit Requirements. 6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant Agreement. Page 144 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit M - Page 3 of 5 6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” “During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants foremployment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.” 4.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- Page 145 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit M - Page 4 of 5 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwiseentitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 4.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 4.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 4.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 4.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- Federalaward. 7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 1. 8.Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may terminate the Grant upon 30 Page 146 of 276 DocuSign Envelope ID: 23D384DD-8DC0-41F6-8E83-280063DBC943 Exhibit M - Page 5 of 5 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 9. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014. 10. Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards. Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help the Federal awarding agency and other non-Federal entities to improve program outcomes. The Federal awarding agency is required to provide recipients with clear performance goals, indicators, and milestones (200.210). Also, must require the recipient to relate financial data to performance accomplishments of the Federal award. Page 147 of 276 Page 148 of 276 DocuSign Envelope ID: 63ECBBA3-8886-4362-B34E-4BA3FF6A862B Federal $ LA Work EXHIBIT C-1: FUNDING PROVISIONS City of Centennial & Project # AQC M193-021 (24737) A. Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $1,000,000.00, which is to be funded as follows: 1. BUDGETED FUNDS a. Federal Funds (80% of Award) $800,000.00 b. Local Agency Funds (20% of Award) $200,000.00 TOTAL BUDGETED FUNDS $1,000,000.00 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): TBD b. Name of Federal Awarding Agency: FHWA c. Local Agency Unique Entity Identifier TBD d. Assistance Listing # Highway Planning and Construction ALN 20.205 e. Is the Award for R&D? No f. Indirect Cost Rate (if applicable) N/A g. Amount of Federal Funds Obligated by this Action: $340,000.00 h. Amount of Federal Funds Obligated to Date (including this Action): $340,000.00 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $800,000.00 b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $800,000.00 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount $1,000,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $1,000,000.00 _ Note: Only $425,000.00 in design funds are currently available. Further Design and Construction funds may become available after execution of an Option letter (Exhibit B) or formal Amendment. WBS Element 24737.10.30 Performance Period Start*/End Date Design 3020 $425,000.00 04/12/2022 / 09/30/2025 WBS Element 24737.20.10 Performance Period Start*/End Date Const. 3301 $0.00 TBD - TBD *The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable. Exhibit C-1 Page 1 of 2 Page 149 of 276 DocuSign Envelope ID: 63ECBBA3-8886-4362-B34E-4BA3FF6A862B B. Matching Funds The matching ratio for the federal funds for this Work is 80% federal funds to 20% Local Agency funds, and this ratio applies only to the $1,000,000.00 that is eligible for federal funding. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $1,000,000.00, and additional federal funds are available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal funding and 100% of all other costs. If additional federal funds are not available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than$1,000,000.00, then the amounts of Local Agency and federal funds will be decreased in accordance with the funding ratio described herein. This applies to the entire scope of Work. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $800,000.00. For CDOT accounting purposes, the federal funds of $800,000.00 and the Local Agency funds of $200,000.00 will be encumbered for a total encumbrance of $1,000.000.00, unless this amount is increased by an executed amendment before any increased cost is incurred. The total cost of the Work is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. The maximum amount payable will be reduced without amendment when the actual amount of the Local Agency’s awarded Agreement is less than the budgeted total of the federal funds and the Local Agency matching funds. The maximum amount payable will be reduced through the execution of an Option Letter as described in Section 7. E. of this contract. This applies to the entire scope of Work. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving $750,000 or more from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. `Expenditure of $750,000 or more-Highway Funds Only If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. iii. Expenditure of $750,000 or more-Multiple Funding Sources If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C-1- Page 2 of 2 Page 150 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Adrian Torres DEPARTMENT: Parks, Recreation & Library DATE: September 19, 2022 SUBJECT: CB 47 - Approve an ordinance authorizing an IGA with Arapahoe County accepting the grant from ACOS for Bates Logan Park Improvements. DESCRIPTION: CB 47 - The Parks Department applied for a grant with Arapahoe County Open Space (ACOS) for replacement of shelter, restrooms, and site improvements at Bates Logan Park. Parks was awarded the full amount of $500,000 on July 26, 2022. Council ordinance to accept Intergovernmental Agreement for the grant. RECOMMENDATION: Staff recommends City Council approve an ordinance authorizing an IGA with Arapahoe County accepting an open space grant in the amount of $500,000 for Bates Logan Park improvements. PREVIOUS COUNCIL ACTION: Council previously approved a Resolution No. 11, Series of 2022 on March 21, 2022, to apply for the grant. SUMMARY: The City of Englewood Parks, Recreation, Library, and Golf Department applied for a grant through Arapahoe County Open Space for $500,000 for Bates Logan Park improvements and was awarded the full amount on July 26, 2022. This will include a new restroom, pavilion, picnic tables, ADA Parking updates, and landscape restoration. COUNCIL ACTION REQUESTED: Staff recommends City Council approve a bill for an ordinance authorizing an IGA with Arapahoe County accepting an open space grant in the amount of $500,000 for Bates Logan Park improvements. FINANCIAL IMPLICATIONS: Matching funds for the project are included in the 2022 Open Space Fund under Grant Matching Funds in the amount of $239,815. CONNECTION TO STRATEGIC PLAN: Safety – Protecting our citizens, infrastructure, and environment by providing a safe and accessible park. Infrastructure – Updating, improving, and investing in City’s infrastructure. Page 151 of 276 Governance – Accountable, effective, and efficient with the funding that is provided for these improvements. ATTACHMENTS: Council Bill #47 Award Letter Bates Logan Park Renovation Grant Packet Intergovernmental Agreement Page 152 of 276 1 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 47 SERIES 2022 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY OPEN SPACE (ACOS) GRANT IN THE AMOUNT OF $500,000 FOR BATES LOGAN PARK RENOVATION. WHEREAS, in 2003 Arapahoe County voters approved a ten (10) year, quarter-of-a- penny sales and use tax to pay for preservation of open space, protect lands, preserve water quality and provide, maintain and improve neighborhood parks, sport fields, picnic facilities and trails; and WHEREAS, in 2005 Arapahoe County set aside a portion of the revenues to fund competitive grant projects; and WHEREAS, the City will utilize 2022 ACOS Grant funds for improvements to the amenities at Bates Logan Park including the pavilion, restrooms, picnic area, play area equipment, basketball court, and landscaping; and WHEREAS, the City of Englewood, through the 2017 Parks and Recreation Master Plan, has identified renovations needed at Bates Logan Park; and WHEREAS, the City commits to completing the Bates Logan Park Renovation; and WHEREAS, the project site is owned by the City of Englewood and is an outdoor public facility open to the public; and WHEREAS, the City of Englewood acknowledges responsibility of cost overruns for the Bates Logan Park Renovation; and WHEREAS, the total project costs for these improvement to Bates Logan Park Renovation is estimated at $739,815, to include $500,000 in grant funds requested from ACOS, and $239,815.00 provided by the City as part of the Grant Matching Funds project; and WHEREAS, the City’s matching funds will be coming from the Open Space Fund 2022 budget in the amount of $239,815.00; and WHEREAS, City staff seeks Council approval of an Ordinance authorizing the Intergovernmental Agreement and accepting the 2022 ACOS grant in the amount of $500,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 153 of 276 2 Section 1. The City Council for the City of Englewood, Colorado, hereby accepts the City’s Arapahoe County Open Space grant award in the amount of $500,000 for Bates Logan Park Amenity Improvement project, attached hereto as Exhibit A. Section 2. The City Council of the City of Englewood, Colorado hereby approves the Intergovernmental Agreement with Arapahoe County, attached hereto as Exhibit B. Section 3. The City Council for the City of Englewood certifies that the Bates Logan Park Renovation project will be open to the public and serve a public purpose upon completion. Section 4. The City Council of the City of Englewood, Colorado has appropriated $239,815.00 in matching funds for said Arapahoe County Open Space grant and authorizes the expenditure of funds necessary to meet the terms and obligations of the awarded grant. Section 5. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. C. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. D. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take Page 154 of 276 3 additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of September, 2022. Read by Title and passed on final reading on the 19th day of September, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 22nd day of September, 2022. Published by title on the City’s official website beginning on the 21st day of September, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, 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 2022. Stephanie Carlile Page 155 of 276 July 26, 2022 Julie Madden City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Julie, Arapahoe County Open Spaces is pleased to inform you that your recent grant application for Bates Logan Park Renovation has been approved for funding in the amount of $500,000. All grant awards are subject to the execution of an Intergovernmental Agreement (IGA) between the County and grantee. Please return the following documents via email to sbottoms@arapahoegov.com. Alternatively, you may mail original documents to my attention at Arapahoe County Open Spaces, 6934 S. Lima Street, Suite A, Centennial, CO 80112. • A signed, dated, and attested copy of the IGA • A completed ACH Funds Transfer form Please notify me if any information in the IGA needs to be corrected. IGAs must be executed by all parties within 60 days of award notification. Please note that the effective date of the IGA is the date of the grantee’s signature. A digital copy of the fully executed IGA will be returned to you for your records. Congratulations on your grant award! Please don’t hesitate to reach out if you have questions. Sincerely, Sandy Bottoms Grants Program Administrator 303-921-5041 sbottoms@arapahoegov.com Page 156 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 1 Bates/Logan Park Renovation Grant 2022 Standard and Small Grant Application City of Englewood Ms Julie Madden M: 303-332-9683 Ms Julie Madden 1155 W Oxford Ave Englewood, CO 80110 jmadden@englewoodco.gov O: 303-762-2665 M: 303-332-9683 Page 157 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 2 Application Form Application Summary Primary Contact Information* Please provide information for the primary contact for this project in the following format. Agency: Name: Title: Telephone: Email: City of Englewood Julie Madden Communications Coordinator 303.762.2665 jmadden@englewoodco.gov Grant Category* Select One: •Standard Grant: $100,001 - $500,000, requiring a minimum of 25% total project cost cash match •Small Grant: $1,000 - $100,000, requiring a minimum of 10% total project cost cash match Standard Grant Project Type* Select One: •Trail Project: Trail/trailhead construction or improvement, including stream/road crossings and trailhead amenities (such as parking or shelters) •Site Improvement Project: New construction, improvement, repair, or replacement of outdoor recreation facilities or amenities (such as playgrounds, shelters, sports fields, restrooms, or interior trail connections) •Environmental/Cultural Education Project: Eligible projects include outreach materials (such as printed materials, video, or displays), installations (such as signage), or associated outdoor amenities (such as shelters or native landscaping) •Acquisition Project: Eligible projects include fee simple acquisition of land for public open space, parks, or trails; or acquisition of a trail or conservation easement. Additional application materials are required. •Other Project: Other allowable projects include stream/habitat restoration, natural re-vegetation, and water quality improvement Site Improvement Project Project Title* Bates/Logan Park Renovation Grant Page 158 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 3 Project Address* 2983 South Logan Street Project Location* Select a Jurisdiction or Unincorporated Arapahoe County: Englewood GPS Coordinates (Latitude in Decimal Degrees)* Example: Dove Valley Regional Park Latitude: 39.577303 39.663458 GPS Coordinates (Longitude in Decimal Degrees)* Example: Dove Valley Regional Park Longitude: -104.828850 -104.981725 Grant Request Amount* $500,000.00 Cash Match Amount* $239,815.00 Total Project Amount* Total project amount includes grant request and cash match only. Please do not include in-kind match. $739,815.00 Cash Match Percentage* Calculate cash match as % of total project cost. 32 Project Partners List partner agencies if applicable. None Executive Summary* Highlight key points of your proposal, such as project description, goals, need, partnerships, deliverables, etc. Page 159 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 4 Bates/Logan Park, 6.84 acres, includes a pavilion, picnic area, playground, restroom, basketball court, drinking fountain, and athletic/playing fields. The park is heavily used by local neighbors, surrounding communities, and Arapahoe County residents for a wide range of uses. Built in the early 1970’s, Bates/Logan Park is a neighborhood park and represents a historically lower income level within Englewood. The houses in this neighborhood are small, single family bungalows approximately 1000-1500 SF and built in the 1950’s. Park users include families, children, young adults, adults and seniors that might be running, walking, playing, dog walking, relaxing, and simply enjoying being outdoors within an urban environment. The primary project components and budgetary needs support constructing a new pavilion and a new restroom to replace the outdated structures (1970’s). These new structures will be constructed close together to allow for movement between the pavilion, restrooms, and park amenities. This will provide guests more mobility between them and benefit families with small children. The closer connection will increase visibility among users which will enhance the safety of families and guests with limited capacity. The City of Englewood's goal is to begin initial renovations (Phase I) at Bates/Logan Park to spark future phases of park enhancements. Constructing a new pavilion and restroom to replace the current well-used and worn structures is the first step of the initial renovation project. The City has retained a consultant that has completed design and construction documents. This project is “shovel ready.” The proposed project includes replacing the outdated pavilion and restroom as well as moving them closer together for accessibility. Importantly, these structures and pathways do not meet current ADA and safety requirements and guidelines for park users. The proposed project includes ADA picnic tables, wider restroom stalls, and wide connected pathways; all of these components will increase accessibility. Specifically, as part of this project the restrooms, pavilion, and parking area will include ADA upgrades increasing accessibility and safety. Proposed site elements to support this project include installing 5 picnic tables, 2 trash receptacles, 2 bike racks, and a drinking fountain. These site elements will greatly enhance the experience for park visitors and have been requested by the community. The City of Englewood’s goal is to provide nearby recreation and leisure opportunities within walking distance (one-half mile) of residential areas which will be met by completing this project. The total project budget is $739,815 and the City of Englewood’s request is for $500,000 from the Arapahoe County Open Spaces grant program. The City of Englewood has committed and secured $239,815 reflecting a 32% cash match (7% over the 25% required) using ACOS Shareback funds. We do not want to miss this opportunity as it would impact the neighboring communities by limiting their recreational and outdoor needs. There are no identified partnerships with this project. Minimum Qualifications and Eligibility Question 1* Is the applicant in good standing with Arapahoe County Open Spaces? Please list your agency's ongoing Arapahoe County Open Spaces grant projects. The applicant is in good standing with the Arapahoe County Open Space Department. For the past 8+ years, Englewood has provided all the required reporting documents (progress and final) per the grant agreement according to the time schedule. Page 160 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 5 The applicant has one open project with Arapahoe County which is Jason Park Amenity Improvements with final construction completed by August 2022. This project is on track within the designated time frame and within the approved budgets. There are no outstanding funds or required documentation specific to Arapahoe County Open Space Grants. Question 2* How does this project align with the Arapahoe County Open Space Master Plan, Arapahoe County Bicycle and Pedestrian Master Plan, an agency master plan, or other approved planning documents? The updated 2021 Arapahoe County Open Space Master Plan vision continues to highlight “Healthy Lands, Healthy Community, Healthy People.” The Bates/Logan Park Renovation project specifically meets OBJECTIVE 1: PROVIDE EQUITABLE ACCESS TO NATURE (page 107) and Priority A (page 109). Priority A includes: Prioritize partnerships with other entities or direct acquisition of lands to provide parks or pockets of nature experiences in urban areas that are currently deficient in providing residents close-to- home nature and outdoor recreation opportunities within ¼ mile of their homes. Priority Areas: Four Square Mile, Aurora, Littleton, Englewood. A funding commitment for Bates/Logan Park from Arapahoe County Open Spaces aligns with the 2021 Master Plan and meets the stated priority. Question 3* Describe how this project addresses specific objectives in the Arapahoe County Open Space Resolution #21- 263. The resolution is available on the Open Space website. Please note that this resolution replaces the previous Open Space Resolutions #030381/110637. The proposed project and applicant meet the current objectives of the Arapahoe County Open Space Resolution Resolution #21-263 adopted August 2021. Specifically, this project meets the approved resolution section 12 (e) Additional Guidelines for Use of Funds: i. Revenues collected from the Open Space Sales and Use Tax may be used in the following manner: j. To improve, restore and/or protect open space lands as provided herein; k. To manage, patrol and maintain those lands as provided herein; l. To pay for related acquisition, construction, equipment, and/or improvements; m. To allow for the funding of environmental education programs in a manner consistent with the purposes of this Resolution; n. To implement and effectuate the purposes of the Open Space Program. Construction of the new pavilion and restroom meet these resolution items. This project will enhance an under-served neighborhood and area visitors park experience and improve the safety and accessibility for all park users. Improvements made by this project will enhance the outdoor experience while encouraging children, youth, families, and seniors to engage in outdoor activities. Certification and Authorized Signature Form* Please attach completed Certification and Authorized Signature Form as a PDF document. Form must be signed by highest authority in agency or authorized individual. Required forms are available on the Open Space website. Page 161 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 6 Please name your file as follows: Applicant_SignatureForm.pdf Englewood_SignatureForm.pdf Project Timeline Project Timeline Form* Please attach completed Project Timeline Form as a PDF document. Required forms are available on the Open Space website. Please name your file as follows: Applicant_TimelineForm.pdf Applicant_TimelineForm.pdf.pdf Project Budget Budget Narrative* Provide a clear and concise budget narrative. Include details about expenses in each budget category, justification for any unusual line items, and an explanation of how you arrived at these estimates. Include amount and sources of matching funds. The total project budget is $739,815 and the City of Englewood’s request is for $500,000 from the Arapahoe County Open Spaces grant program. The City of Englewood has committed and secured $239,815 reflecting a 32% cash match (7% over the 25% required) using ACOS Shareback funds. The City of Englewood will be responsible for any overages associated with the project costs. - General Requirements: $98,642 (general conditions and mobilization) - Site Demolition: $16,265 (demolition of restroom, drinking fountain, and concrete; earthwork) - Restroom: $394,541 (CXT Montrose 2-stall/multi-user - $250,000; Fixtures - 24,345; plans, freight, base - $95,966; electrical, irrigation, utility updates - $24,230) - Pavilion: $186,309 (ICON Shelter 20’ x 35’ - $125,000; installation and flatwork - $61,309) - Site Amenities: $22,910 (5 picnic tables – $16,200; 2 trash receptacles – $4,710; 2 bike racks - $2,000) - ADA Parking Updates: $1,830 (striping and signage) - Landscape Restoration: $19,318 (turf replacement, irrigation updates, tree trimming) Budget Forms* Please attach completed Summary Budget Form and Detailed Expense Budget Form as a single PDF document. Required forms are available on the Open Space website. Page 162 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 7 Please name your file as follows: Applicant_BudgetForms.pdf Englewood_BudgetForms.pdf Project Narrative Question 1* Describe the project goals, scope, expected results, and deliverables. Describe project elements, including useful life. Discuss the current condition of the project site and what improvements are proposed. Discuss how this project improves access to the outdoors, connectivity, and/or educational opportunities. Bates/Logan Park (6.84 acres) is classified as a Neighborhood park and was built in the early 1970’s. Nestled in a residential area, the park is used for walking, jogging, playing, and relaxing by local residents. Additionally, the park provides a pavilion rental, athletic fields (2), basketball court and restrooms benefitting county wide community members. This variety of space and uses within the park support a wide range of users and abilities. There are areas for play, athletics, group gatherings, quiet time, and pathways that meander through older tree canopies. This park is definitely an urban oasis for residents and area visitors. The amenities that exist today were originally constructed in the early 1970’s. The proposed project goals (Phase I) include constructing a new pavilion, a new restroom, new pathway connections, and site amenities improvements which will replace the dated amenities. This park is desperately in need of installing a new pavilion/shelter, restroom and park amenities to meet safety and accessibility guidelines as well as enhance the recreational needs of today’s park visitors. The primary project components and budgetary needs support constructing a new pavilion and a new restroom to replace the outdated structures. These new structures will be constructed close together to allow for movement between the pavilion, restrooms, and park amenities. This will provide guests more mobility between them and benefit families with small children. The closer connection will increase visibility among users which will enhance the safety of families and guests with limited capacity. The proposed pavilion, approximately 20 ft. x 35 ft., will include lighting for safety and lockable outlets for security with a 40 guest capacity. In 2021, the City's Police Department hired a consultant to complete a safety audit for all the facilities within the city. Based on their report, the pavilion at Bates/Logan was identified as an unsafe structure due to the poor lighting and lack of peripheral visibility. The lockable outlets will increase safety from potential fingers, sticks, rocks, and other things being pushed inside the sockets as well as decrease lingering visitors who are using the electrical outlets without permission. Significantly, the new pavilion will be more open to allow for more light, views, and visibility to increase user safety. The current pavilion back wall lacks peripheral visibility which can be potentially detrimental to guests and participants. As discussed, the proposed pavilion will include ADA accessible tables and entrances which the outdated structure does not provide. The pavilion will be completely constructed to meet current standards designated by federal guidelines. The pavilion is open to the public yet also provides an option for the community to rent/reserve as well as a revenue stream for the City. We anticipate the proposed pavilion providing the same benefits to the community and the City. Page 163 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 8 The proposed restroom (CXT Montrose Model) includes a 2 multi-user, fully ADA accessible, flush toilets. This model meets UFAS, ADA and Title 24 requirements. Due to the age of the current restroom, accessibility is limited and it does not meet ADA guidelines. Importantly, the proposed restroom structure is vandal resistant; will not rot, rust or burn; and, is engineered to withstand extreme conditions caused by snow, water, wind, and zone-4 seismic loads. Part of the restroom installation project includes reinstalling the irrigation controller and wiring to continue the irrigation schedule for the park. In addition, a new drinking fountain will be installed on the outside of the restroom. Proposed site elements to support Phase I include installing 5 picnic tables, 2 trash receptacles, and 2 bike racks. These site elements will greatly enhance the experience for park visitors and have been requested by the community during an open house meeting. Lastly, minimal landscape, pathway, and parking lot improvements will further enhance the overall use of the park for all area and regional visitors. The proposed project will immensely improve access to passive and active outdoor activities. All of the project elements will elevate the park to engage additional users from Englewood as well as the entire county. Since the athletic fields are used county wide, participants will benefit from these improvements since they will use the restroom, book the shelter, and meander on the pathways. Question 2* Describe the community/neighborhood and user groups the project will serve. Discuss the type of users (children, families, seniors, sports leagues, etc.), and estimate the number of users that will benefit annually. How did you arrive at this estimate? Include up to five community support letters in the Attachments section. Bates/Logan Park is used by Englewood residents that live directly adjacent to the park as well as within the neighboring communities. Additionally, county wide users visit the park, particularly for sports programs that include a wide range of ages and activities. The houses within the neighborhood are small, single family bungalows approximately 1,000 – 1,500 square feet and built in the 1950’s. Park users include families, children, young adults, adults, and seniors that might be running, walking, playing, dog walking, playing numerous sports and activities for all ages, and enjoying being outdoors within an urban environment. The majority of park visitors live within one-half mile walking distance of the park. The proposed pavilion and restroom will be utilized by a wide range of visitors representing parents, friends, caregivers, grandparents, and neighbors enjoying these facilities for a wide variety of celebrations and life events. Based on current use, park visitors use the park daily for passive and active recreation, fitness, and celebrations. Park improvements will benefit all visitors experiences in multiple ways. Today, you might see youth playing soccer on the athletic field, children playing in the play area, visitors of all ages walking, stretching, and relaxing on the green open space, friends and neighbors playing a friendly game of volleyball, and guests of all ages celebrating at the pavilion. Based on statistics from the 2020 Census, younger families with children are moving into Englewood and having a park with the amenities of Bates/Logan Park is a major draw. Participants from athletic programs that use Bates/Logan Park include toddlers, youths, and adults. Specifically, the groups that use the athletic fields on a scheduled basis include: T-ball (3-6 yrs.; 2 months annually); Soccer (3-14yrs.; 7 months annually); Flag Football (6-12 yrs.; 3 months annually); Lacrosse (10- 18yrs; 8 months annually); and Outdoor Volleyball (18+ yrs.; 5 months annually). More than seven organizations reserve athletic fields at Bates/Logan throughout the year representing a wide range of demographics; local and county wide. These organizations include Pirate Youth Sports (soccer, Page 164 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 9 t-ball, flag football), St. Anne’s Episcopal School (lacrosse), Skyline Soccer, Catholic Sports (outdoor volleyball), Colorado Command Lacrosse, Soccer Shots, and SkyHawks Sports Camps (soccer). Based on our registration numbers, 600+ children and youth participate annually in scheduled programs; 150+ teens participate annually in scheduled programs; and, 150+ adults participate annually in scheduled volleyball programs. These numbers do not include drop-in activities and play from community residents and adjacent neighbors. In addition to all of the organized sports, the park is fully open and the athletic fields are used daily from March 1 to October 31 by community members of all ages and abilities. Specific to pavilion rentals, in 2021 thirty reservations were booked and 900+ guests attended events at the pavilion. Question 3* Discuss the need and urgency for this project. Was the project prioritized in a master plan or other planning document? Is this part of a multiphased project? What opportunities will be lost if this project is not funded now? The City completed a Parks and Recreation Master Plan (2017) which identifies priorities and actions to be used as a guide by elected and appointed officials, and city staff. The recommendations are based on the findings that include the need for budget-friendly renovations, meeting current recreation trends and demographics, improving/completing new park and center amenities. According to the 2017 Plan, nearly 40% of Englewood’s residents polled were not satisfied with the community’s park playgrounds, pavilions, restrooms, basketball courts, and other park amenities. Our assessment is that this poor/fair rating is due to the age, wear, limited use, broken, inaccessibility and uninviting older playgrounds, restrooms, and pavilions. Bates/Logan Park currently has these older amenities. The proposed project is Phase I for long term improvements to Bates/Logan Park. This initial phase will be the mechanism to complete additional phases over the coming years. If funding for this phase is not secured, the entire vision for the park could be delayed or the funds reallocated to other projects. This project is a priority for the community and the City to begin the long term renovations. The restroom and the pavilion are projects that can be completed within the City's schedule and budget with an ACOS grant. These amenities support the overall use of the park and will help "jump start" future projects. As residents and area visitors continue to find and explore Bates/Logan Park, the outdated and accessibility challenges become more prevalent. Completing Phase I will support the continuation of improving the park amenities, accessibility, and diverse uses. The proposed project will be the first step to meet current recreational trends and aesthetic needs requested by our community. Specific to Bates/Logan Park, the Master Plan recommends: replacing the pavilion, restroom, and play area; update the picnic area, basketball courts; provide neighborhood-scale programming, events, and festivals; parking lot improvements; enhance “natural areas” and pedestrian access. The proposed components of this project meet this priority. The City of Englewood has secured $239,815 in matching funds (32% of total project) for this project. However, if this project is delayed, the matching funds might be redirected to another project. We do not want to miss the opportunity to complete the proposed project since we are “shovel ready”. A delay in park improvements would impact the neighboring communities by limiting recreational and outdoor needs as well as limiting safe and accessible use. Importantly, development costs continue to rise and the City’s budgets are challenged to keep up with this inflation. This project is ready to begin construction in May 2023. We anticipate project completion by September 2023. Page 165 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 10 Question 4* Summarize any planning completed prior to submitting this grant proposal. Is design and engineering complete? Does the project necessitate a zoning change? List any permits or approvals that need to be obtained (county or city planning, stormwater, federal 404 permit, etc.) and their status. If applicable, include eligible planning costs in the match section of the Detailed Expense Budget Form (costs must be incurred within 90 days of application submission and pre-approved by grants program staff) and include proof of any such expense in the Attachments section. The design and construction plans for this project have been completed and Em Dub Design, LLC has provided designs, engineering, construction specifications, and budget estimates. Additionally, the City of Englewood held a community open house for Bates/Logan Park on February 23, 2022 and collected public input, shared initial concept plans, and gathered community support for the proposed updates. According to the City’s Parks and Recreation Master Plan, adopted March 2017, major renovations by the community were requested for Bates/Logan Park. Specific to Bates/Logan Park, as previously discussed, the Master Plan recommendations include replacing the pavilion, restroom, and play area; updating the picnic area, basketball courts; provide neighborhood-scale programming, events, and festivals; parking lot improvements; enhance “natural areas” and pedestrian access. The proposed components of this project meet this priority. Amenity improvements will require a building and stormwater permits from the City of Englewood which will be secured by the construction contractor at a minimal cost (approximately $250). A review of the amenity improvement project was conducted by Englewood’s Development Review team. The DRT is comprised of City staff and from various departments for the purpose of reviewing projects that occur within the City and provides recommendations based on impacts to those departments and City Code Regulations. No further revisions or changes were recommended. There are no zoning, or federal 404 changes required for this project. Question 5* Describe how the project will be completed within the required two year timeframe. Discuss the agency's capacity to complete the project, including project management, resources, and experience implementing similar projects. The Bates/Logan Park improvements project is shovel ready. If the grant is approved by ACOS, construction would begin in May 2023 and completed in its entirety by September 2023. The City has retained a consultant to provide conceptual plans, as well as oversee construction. Based from design plans and construction, the pavilion, restroom, and concrete walk connection are at final design. City staff will provide project management. The Bates/Logan Park improvement project will competitively bid out in December 2022 per the City’s policy and charter. Soliciting vendors, project bidding, ordering materials, and site preparation is estimated to take eight months due to inventory and supply chain issues. The City will work closely with the contractor to complete the proposed projects by September 2023. We have successfully completed multiple ACOS projects on time and within budget. Our past ACOS projects including park and open space improvements for Romans Park, Jason Park, Rotolo Park, Northwest Greenbelt, and Belleview Park. For more than 15 years, the City has proven their capacity to complete capital projects. Page 166 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 11 Question 6* Summarize any efforts to obtain public input, disseminate information to the public, develop partnerships, and garner community support for this project. Evidence of a transparent public process will be required. List the stakeholders that are involved. Discuss any known or anticipated opposition to this project and how this will be addressed. If applicable, include letters, petitions, or other documents evidencing opposition in the Attachments section. The City of Englewood held a community open house for Bates/Logan Park on February 23, 2022 to collect public input, share initial concept plans, and gather community support for the proposed updates. The initial open house had to be postponed due to the weather. The rescheduled open house was attended by 12+ local residents and neighbors of the park. City trends demonstrate that a low community turn-out usually supports a very wide consensus. Community members tend to show up when they are in disagreement. Attendees were encouraged to review each design and the associated elements. After review, attendees labeled preferred design of the proposed layout as well as specific project elements (pavilion, restroom, play area, athletic courts). Importantly, the planning and design team from the consulting firm and Parks & Recreation Department were present to answer questions and collect feedback. The community meeting announcements were shared on several social media channels and received 600+ views. In addition, after the meeting there were 2+ weeks to for community input through social media posts and department emails. Very limited input was provided and the input that was provided was shared with the design team who made small changes to accomodate the requests. The City of Englewood’s website and social media channels shared the information about the proposed project. Information shared included proposed site plans, options, updates, and representative contact information. Community members were asked to provide feedback regarding the design selection and preferences for a new pavilion and restroom. During the community planning process, there were no objections to the proposed projects for Phase I. The neighborhood input has truly demonstrated full support of improving this aged and very worn pavilion and restroom in the hopes of improving ADA access, safety and amenities of the park as a whole. There are no known or anticipated opposition to this project at this time. Please see letters of support attached. Question 7* How much of your planned cash match is secured? If applicable, what are your plans for securing additional funds? Describe cash and in-kind match partnerships established for this project. Include partner support letters in the Attachments section and include cash match from partners on the Budget Forms. Grant recipients are responsible for project cost overruns. The cash match ($239,815; 32%) is fully secured for this project using ACOS Shareback funds. This project will not need to raise funds to secure the match. Englewood fully understands that all overruns are the responsibility of the City. At this time, partnerships were not identified as a need to complete this project. Question 8* Describe any scenic, historic, or cultural values associated with the project site. Will they be preserved or restored? Discuss specific natural resources at the site (habitat, water, wildlife, vegetation, etc.) and impacts to these resources as a result of this project. If applicable, discuss environmental sustainability benefits of this project (such as energy or water conservation, water quality improvement, etc.). Page 167 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 12 The Bates/Logan Park Improvement Project will result in little or no impact to the natural resources in the area. There are no native ecosystems that will be impacted by this project and no mitigation is required. Predominant wildlife species include red fox squirrel, rabbit, skunk, raccoon, red fox, coyote and various bird species typical in the urban/suburban setting. Along with the amenity updates, the existing landscape and irrigation system will be modified to accommodate proposed site elements. The irrigation updates will increase efficiency of the watering program and reduce waste. A newer irrigation system will provide more options for timers, amount distributed, and the new heads will reach specific areas as designated. The newer systems include sensors in the ground to measure soil moisture and evaporation to save water. There are no scenic, historic, or cultural values associated with this project. Question 9* Discuss ownership and legal access at the proposed project site. Detail any third-party rights, easements, or other encumbrances that exist. Provide supporting documentation showing ownership, legal access, and/or permission from landowner in the Attachments section. The City of Englewood owns the property designated for the proposed project. During construction, the construction crews will not need to access any other land/property owner for right-of-way. All construction access will be on the City of Englewood’s property. The project site is maintained as open space/park land. Question 10* Describe long-term plans for maintaining the project. Who will be responsible for maintenance? Estimate annual costs to maintain the project site, and explain how maintaining the site will affect your agency’s budget. The City of Englewood Parks Department will continue to maintain the park including the new project elements - pavilion, restroom, plaza, pathways. Since the current facilities are already maintained and budgeted within the Parks Department, the new facilities will continue to be maintained and budgeted within the Parks Department and there will be no additional affects to the budget with these improvements. Importantly, a decrease in maintenance budget is anticipated since the project elements will be new, they require limited maintenance. The original structures currently require more time, funding, and attention to maintain. Similar to housing, an older home takes more time and upkeep yet a new house requires less time and funds. The City of Englewood will manage and complete the ongoing and long-term maintenance of the park including litter control, vandalism repairs, and restroom and shelter cleaning, repair and maintenance. Funding for maintenance of Bates/Logan Park has been budgeted for in the 2022 Parks General Fund Budget. The 2022 Parks division maintenance budget is $2,652,309. Again, it is likely that maintenance costs will decrease because the costs to maintain the older infrastructure continue to rise. Question 11* Describe how this project will address inclusivity per Americans with Disabilities Act guidelines. This project will directly address inclusivity per ADA guidelines since all the proposed components are being completed with the goal of meeting current ADA guidelines. Renovating the pavilion, restroom, and adjacent pathways are designed, and will be constructed, to significantly increase accessibility and meet ADA guidelines. New park amenities (picnic tables, bathrooms, water fountain) will be installed that are compliant with ADA guidelines. The pavilion will include accessible picnic tables and access points. Page 168 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 13 The entrances to both restrooms as well as to designated stalls within the restrooms, will be 3+ feet to allow a wheelchair to access and rotate as needed. The ADA stalls will have a grab bar for support and all of the fixtures heights and clearances (toilets, sinks, hand dryers, etc) meets UFAS, ADA and California Title 24 requirements. In addition, the parking area will be updated to meet ADA guidelines. Specifically, ADA spaces and the installation of accessible parking symbols/signage will be completed. Question 12* 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 Sales and Use Tax? Discuss plans for public outreach, signage, celebration, dedication, etc. The City of Englewood will promote the value of the Open Space and Use tax through a variety of communication channels. The City’s as well as the Parks, Recreation and Library communications departments will share media releases about the completed project highlighting the funding secured by the County. The communication channels will include print (the quarterly Englewood Citizen Magazine and Guide distributed to every Englewood household), electronic (newsletters, bulletins) and all social media channels (Instagram, Twitter, TikTok, Facebook, etc.), and citywide website pages. Additionally, a media release announcing the funding awarded will be shared with local publications (Englewood Herald) and county wide publications. Englewood has demonstrated their support of ACOS programs to the community at prior trail and park openings, ribbon cuttings, and volunteer events. We have installed recognition signs throughout the City’s parks, trails, and open spaces demonstrating the City’s support of ACOS. Similar to past projects, an Arapahoe County Open Space sign will be installed on the site upon project completion. Attachments Attachment 1: Evidence of Support from Highest Authority* Please attach evidence of support from the agency's highest authority (official letter or resolution) as a PDF document. At a minimum, this document must include: project title, amount of grant funds requested, statement that matching funds are secured and/or efforts to secure funds are underway (include the amount of matching funds committed), and certification that the project will be open to the public or serve a public purpose upon completion. A sample resolution is available on the Open Space website. Please name your file as follows: Applicant_SupportHighestAuthority.pdf Englewood_SupportHighestAuthority.pdf Attachment 2: Evidence of Community Support* Please attach up to 5 letters of support from users, working groups, community members, volunteers, schools, etc. as a single PDF document. Letters should be specific to the project and dated within the last 6 months. Please name your file as follows: Applicant_CommunitySupport.pdf Applicant_CommunitySupport.pdf Page 169 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 14 Attachment 3: Documentation of Opposition* Please attach documentation of opposition to the project (such as letters, petitions, articles, etc.) as a single PDF document. If there is no known opposition, please attach a page stating that this section is not applicable. Please name your file as follows: Applicant_Opposition.pdf City of Englewood_Opposition.pdf Attachment 4: Evidence of Commitment from Project Partners* Please attach evidence of commitment from project partners (such as partner support letters, commitment to provide cash/in-kind match, or maintenance agreements) as a single PDF document. There is no maximum allowable number of partner support letters. If there are no partners for this project, please attach a page stating that this section is not applicable. Please name your file as follows: Applicant_PartnerCommitments.pdf City of Englewood_PartnerCommitments.pdf Attachment 5: Primary Project Photo* Please attach one high resolution photo in JPG format. Please choose the photo that provides the best overall representation of your project. This photo will be used for presentations and/or publications. Please name your file as follows: Applicant_PrimaryPhoto.jpg Applicant_PrimaryPhoto.JPG Attachment 6: Photos* Please attach photos of existing conditions at the project site (including captions) as a single PDF document. Include conceptual drawings if applicable. Please name your file as follows: Applicant_Photos.pdf Applicant_Photos.pdf Attachment 7: Maps* Please attach a site map and a vicinity map as a single PDF document. Please name your file as follows: Applicant_Maps.pdf Englewood_Maps.pdf Attachment 8: Site Visit Form* Please attach a completed site visit form as a PDF document. Required forms are available on the Open Space website. Please name your file as follows: Applicant_SiteVisitForm.pdf Englewood_SiteVisitForm.pdf Page 170 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 15 Attachment 9: Evidence of Property Ownership/Access* Please attach evidence of property ownership/legal access (legal documentation, ArapaMAP, etc.) as a PDF document. Please name your file as follows: Applicant_EvidenceofOwnership.pdf Englewood_EvidenceofOwnership.pdf Attachment 10: Other Attachments Please attach additional supporting documentation (news articles, cost estimates, etc.) as a single PDF document. Please name your file as follows: Applicant_OtherAttachments.pdf Confirmation Please click the "I Agree" button below to certify that your application is complete and ready to submit. Once submitted, applications are final and cannot be returned.* I agree Page 171 of 276 Julie Madden City of Englewood Printed On: 19 August 2022 2022 Standard and Small Grant Application 16 File Attachment Summary Applicant File Uploads • Englewood_SignatureForm.pdf • Applicant_TimelineForm.pdf.pdf • Englewood_BudgetForms.pdf • Englewood_SupportHighestAuthority.pdf • Applicant_CommunitySupport.pdf • City of Englewood_Opposition.pdf • City of Englewood_PartnerCommitments.pdf • Applicant_PrimaryPhoto.JPG • Applicant_Photos.pdf • Englewood_Maps.pdf • Englewood_SiteVisitForm.pdf • Englewood_EvidenceofOwnership.pdf Page 172 of 276 Page 173 of 276 Page 174 of 276 Page 175 of 276 Page 176 of 276 Page 177 of 276 Page 178 of 276 Feb 22, 2022 Arapahoe County Open Spaces Open Space and Trails Advisory Board 6934 S. Lima St., Unit A Centennial, CO 80112 Dear Advisory Board/OSTAB, On behalf of Pirate Youth Sports, we fully support the proposed Bates Logan Park improvements. The planned park improvements will benefit all park users including participants in our programs and the adjacent community. The current amenities at Bates Logan Park, built in the 1970’s, are outdated and do not meet current accessibility and safety requirements. Over 40+ years old, the restroom, shelter, paths, playgrounds, and sport courts are dilapidated and in major need of repair. Constructing new restrooms, shelter, pathways, playground and sport courts would meet all current safety and design standards. During team practices, games, and tournaments, local and Arapahoe County visitors not only include participants, but friends, family, and neighbors who come as spectators. We/I believe all park visitors would benefit from the proposed projects. We completely support renovations at the park to meet ADA accessibility and provide safe access between park amenities. We offer soccer, flag football, baseball, volleyball, rugby, basketball, wrestling, cheer and lacrosse. PYS has teams for ages 4-14 participating at Bates/Logan Park for a variety of sports, camps, and clinics. Our programs use the park 8 months per year. Not only is Bates/Logan Park popular for youth sports serving Englewood youth, it also brings thousands of kids and families from all over the Denver Metro area. We encourage the Arapahoe County Open Space Program to fund the Bates Logan improvements. This project will significantly benefit local and county wide visitors. Best Wishes, Allen McGirl-Pirate Youth Sports, President Page 179 of 276 March 2, 2022 Arapahoe County Open Spaces Open Space and Trails Advisory Board 6934 South Lima Street, Unit A Centennial, CO 80112 Dear Open Space and Trails Advisory Board, We are writing this letter in support of the Bates-Logan Park improvements, which we believe will benefit the Englewood community and beyond. We’ve created countless memories at Bates-Logan Park—as a family, with friends, and with members of the greater Englewood community. We visit Bates-Logan on a weekly basis, and often find ourselves there multiple times in one week. Our children zip along the paths on their bikes and scooters while our dogs take in the many smells of the neighborhood. We enjoy picnic meals, swing sessions, monkey bar races, hide and seek, meetups with friends, pick-up basketball games, HIIT workouts, tree climbing, and many other activities at Bates-Logan. Additionally, we have met, and our children have played with, so many great people at this park. It truly is a place that brings together community members from all walks of life! We are especially excited for a renovation/update of the playground. We know the benefits playgrounds bring to a community, and the important impact they can have when it comes to mental, physical, and social development. While our children enjoy playing on the current structures, they are quite basic and geared towards younger children. More play spaces designed for the 7+ age group are especially needed and would help keep Bates-Logan the top-choice park for neighborhood kids. Furthermore, it is our understanding that the current facilities at Bates-Logan Park, built in the 1970s, are outdated and do not meet current accessibility and safety requirements. The restroom, shelter, paths, playgrounds, and sport courts are 40+ years old, dilapidated, and in major need of repair/replacement. We have expressed to the City of Englewood our hope that sustainability and environmental impact are considered in the planning and completion of these projects. Bates-Logan is an amazing space and we look forward to creating many more memories and friendships at the renovated and improved park. We encourage the Arapahoe County Open Space Program to fund the Bates-Logan improvements. This project will significantly benefit Englewood and Arapahoe County-wide visitors alike. Sincerely, The Michels family (Katie, Chad, Vivienne, 7, and Hendrix, 5) The Medved family (Cassie and Willie, 7) Page 180 of 276 Page 181 of 276 Page 182 of 276 Page 183 of 276 Page 184 of 276 Page 185 of 276 Page 186 of 276 Page 187 of 276 Page 188 of 276 Page 189 of 276 Page 190 of 276 Shelter Restroom Bates/Logan Park Current Amenities Page 191 of 276 Bates/Logan Park - Current Restroom Page 192 of 276 Bates/Logan Park Current Shelter Page 193 of 276 Page 194 of 276 Page 195 of 276 Page 196 of 276 Page 197 of 276 Page 198 of 276 Page 199 of 276 Rev. June 2022 1 INTERGOVERNMENTAL AGREEMENT REGARDING 2022 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BATES/LOGAN PARK RENOVATION GRANT _____________________________________________________________________________________________________________ This Intergovernmental Agreement (“Agreement”) is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO (“County”), and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (“Grantee”) (collectively “Parties” and individually a “Party”). RECITALS A. On November 2, 2021, the voters of the County permanently reauthorized, until repeal, a countywide sales and use tax to be deposited in the County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 21-263 (“Open Space Resolution”). B. 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 in the Open Space Resolution. C. On July 26, 2022, the County approved by resolution the Grantee’s grant proposal for the Bates/Logan Park Renovation Grant (“Grant Project”), which is attached as Exhibit A, subject to the execution of an intergovernmental agreement. D. This Agreement is authorized by Article XIV, Section 18 of the Colorado Constitution and C.R.S. § 29-1-203. AGREEMENT NOW, THEREFORE, the County and the Grantee agree as follows: 1. Amount of Grant. The County awards Grantee an amount not to exceed $500,000 (“Grant Funds”) for the Grant Project from the 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. The County shall pay the Grant Funds via ACH transfer to the Grantee on a reimbursement basis upon receipt of the approved status report and documentation of expenditures as required by this Agreement and no more often than bi- annually. No more than 75% of the Grant Funds will be reimbursed prior to the final report approval. The final 25% of Grant Funds will be reimbursed following the Grant Project inspection and review and approval of the final report and Grant Project deliverables. Page 200 of 276 Rev. June 2022 2 4. Time for Use of Grant Funds. The Grantee agrees that the Grant Project must begin within 60 days of the grant award notification. The Grantee agrees that the Grant Project will be completed and the Grant Funds will be expended no later than two years from the Effective Date, unless the County agrees in writing to a longer period of time. The Grantee understands and agrees that, if the Grant Project cannot be completed within the two-year period or by the end of the agreed-upon extension, the County may require that the Grant Funds be refunded to the County Open Space Fund, be re-distributed to another agency, and/or be used for another viable and timely 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. 6. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project, nor shall the County have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the awarded Grant Funds. Grantee also agrees to comply with all local, state, and federal requirements while completing the Grant 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, on-site construction signage, 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. Event information, event materials, and press release information related to the Grant Project must be sent to the County Grants Program Administrator for review and filing. 9. Required Sign at Grant Project Site. The County agrees to provide a standard sign for the Grant Project. Grantee agrees to erect and permanently maintain at least one County sign in a publicly visible area in recognition of the grant from the Arapahoe County Open Space Program. If the Grantee wishes to use its own sign and design, the Grantee must submit the sign location, design, and wording to the County Grants Program Administrator for approval prior to manufacture and/or installation of such sign. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is earlier. 10. Report Requirements. On or before January 31 and July 31 annually, the Grantee agrees to provide the County with Grant Project Progress Reports that conform to the format provided by the County. Each Grant Project Progress Report shall include supporting financial documentation as requested in the form provided. Upon completion of the Grant Page 201 of 276 Rev. June 2022 3 Project, the Grantee also agrees to submit to the County a Final Report that conforms to the format provided by the County; a final spreadsheet comparing the original budget to actual expenses that certifies Grant Funds used in compliance with the Open Space Resolution; 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 Final Report shall be submitted within three months of Grant Project completion unless the County agrees in writing to a longer period of time. The County shall be allowed to use information and images from these reports in publications, public information updates, and on the County’s website. 11. Failure to Submit Required Reports. Upon written notice from the County’s Open Space Grants Program Administrator informing the Grantee that it has failed to submit any required status report and/or final report, the Grantee shall submit such reports to the County’s Open Space Grants Program Administrator within 30 days, and, if it fails to do so, the Grantee shall be deemed to be in violation of this Agreement. 12. 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 that 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 pertinent to the Grant Project for a minimum of three years from the Grant Project completion date. The Grantee agrees to report to the County any unexpended Grant Funds and consult with the County concerning proper accounting for unexpended Grant Funds. 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 written approval. Proposed changes must be formally requested using the applicable Grant Project Modification Form provided by the County. Changes may not begin until the County has issued a written 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, and other projects funded by the Grant Funds. 15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands and agrees that the County may require the Grantee to reimburse the County if any portion of the Grant Funds is not used in accordance with its approved grant proposal and this Agreement. Failure to comply with this Agreement shall result in default, and the Grantee shall be ineligible for any future grants until the violation is remedied or after such other time period as determined by the County in its sole discretion. 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. Page 202 of 276 Rev. June 2022 4 17. No Waiver of Rights. A waiver by either Party 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. Severability. The invalidity or unenforceability of any portion or previous version of this Agreement shall not affect the validity or enforceability of any other portion or provision. Any invalid or unenforceable portion or provision shall be deemed severed from this Agreement and, in such event, the Parties shall negotiate in good faith to replace such invalidated provision in order to carry out the intent of the Parties in entering into this Agreement. 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 Parties. 22. Venue. Venue for any legal action arising out of this Agreement shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 23. Notices. Notices under this Agreement shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, CO 80120-1136 and Arapahoe County Attorney 5334 South Prince Street Littleton, CO 80120-1136 and Arapahoe County Open Spaces Grants Program Administrator 6934 S. Lima St., Unit A Centennial, CO 80112 GRANTEE: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Page 203 of 276 Rev. June 2022 5 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. Assignment. The rights, or any parts of this Agreement, granted to the Parties in this Agreement may be assigned only with the prior written consent of the non-assigning Party. 29. Extent of Agreement. This Agreement constitutes the entire agreement of the Parties related to the Grant Project. The Parties agree that there have been no representations made regarding the subject matter of this Agreement other than those, if any, contained in this Agreement, and the various promises and covenants contained in this Agreement 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. 31. Effective Date. This Agreement will become effective on the date of the Grantee’s signature (“Effective Date”). Signature pages follow Page 204 of 276 Rev. June 2022 6 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the Effective Date. ATTEST: CITY OF ENGLEWOOD By: ____________________________ By: __________________________________ Name: Name: Title: Title: Date: ___________________ COUNTY OF ARAPAHOE STATE OF COLORADO By: __________________________________ Shannon Carter, Director, Open Spaces Pursuant to Resolution No. 22-049 Page 205 of 276 Rev. June 2022 7 EXHIBIT A Page 206 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: September 19, 2022 SUBJECT: CB - 48 - Approve an ordinance amending Englewood Municipal Code Section 5-3B-4 regarding manager registration for liquor licensees. DESCRIPTION: CB 48 - Approve an ordinance amending Englewood Municipal Code Section 5-3B-4 to comply with State Law by eliminating alcohol licensee manager registration. RECOMMENDATION: Staff recommends City Council approve an Ordinance amending Englewood Municipal Code Section 5-3B-4 to comply with State Law by eliminating alcohol licensee manager registration. SUMMARY: Englewood Municipal Code (EMC) § 5-3B-4 currently requires all alcohol licenses to register managers with the City. On June 7, 2022, Governor Polis signed into law HB 22-1415, amending state law to eliminate the requirement of manager registration and instead require reporting of managers for hotel/restaurant, tavern, or lodging/entertainment licensees and setting state and local reporting fees of $30.00 each. In order to comply with this new state law, Englewood Municipal Code must be amended. COUNCIL ACTION REQUESTED: Staff recommends Council adopt the proposed ordinance. FINANCIAL IMPLICATIONS: As of June 7, 2022, State law only allows the City to charge $30.00 for specified liquor licenses. The prior allowable fee for the manager registration for the City was $75.00 for every liquor license. ATTACHMENTS: Council Bill No. 48 House Bill 22-1415 Page 207 of 276 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 48 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTION 5-3B-4 TO COMPLY WITH STATE LAW BY ELIMINATING ALCOHOL LICENSEE MANAGER REGISTRATION WHEREAS, Englewood Municipal Code (EMC) § 5-3B-4 currently requires all alcohol licenses to register managers with the City; and WHEREAS, on June 7, 2022, Governor Polis signed into law HB 22-1415, amending state law to eliminate the requirement of manager registration and instead require reporting of managers for hotel/restaurant, tavern, or lodging/entertainment licensees and setting state and local reporting fees of $30 each; and WHEREAS, in order to comply with this new state law, Englewood Municipal Code must be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Title 5, Chapter 3B, Section 4 of the Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 5-3B-4: - Hotel/Restaurant, Tavern, Lodging/Entertainment Managers License Required. Each licensee, including a A hotel/restaurant, tavern, or lodging/entertainment licensee shall either manage the licensed facility or special event himself/herself or shall report the name of have a separate and distinct manager to who shall be registered by the licensee with the local licensing authority. The licensee shall report any change in manager to When a licensee ceases to be the manager of the facility himself/herself, or his/her manager of record ceases to be the manager of said facility, the licensee shall notify the City Clerk and shall designate a new registered manager within thirty (30) days after the change, accompanied by the state and local reporting fees established by applicable law. It shall be unlawful for the licensee to fail to comply with the requirements of this Section. There will be paid to this City a seventy-five dollar ($75.00) registration fee to defray natural and necessary expenses incurred in establishing the character, record, and reputation of each registered manager. Page 208 of 276 2 Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. C. 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. D. 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. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or Page 209 of 276 3 applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 6th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of September, 2022. for thirty (30) days. Read by Title and passed on final reading on the 19th day of September, 2022. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2022, on the 22nd day of September, 2022. Published by title on the City’s official website beginning on the 21st day of September, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, 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 2022. Stephanie Carlile Page 210 of 276 A7?i:»:: %:3’i> > HOUSE BILL 22-1415 BY REPR.ESENTATIVE(S)Bird and McKean,Bemett,Carver,Geitner, Hooton,Lindsay,McCluskie,Pico,Ricks,Rubens,Sandridge,Snyder; also SENATOR(S)Zenzinger and Lundeen,Holbert,Kirkmeyer, Smallwood,Woodward. CONCERNINGELIMINATION OF Tl-H3 REQUIREMENTTHAT CERTA1'N BUSINESSES LICENSED TO SELL ALCOHOL BEVERAGES I-‘OR CONSUMPTION ON THE LICENSED PREMISES REGISTER A MANAGER OF THE LICENSED PREMISES WITH THE STATE LICENSING AUTHORITY. Be it enacted by the General Assemblyofthe State ofColorado: SECTION 1.In Colorado Revised Statutes,44-3-301,amend (8) as follows: 44-3-301.Licensing in general.(8)Each licensee holding a fermented malt beverage on-premises license or on-and off-premises license,beer and wine license,HOTEL AND RESTAURANT LICENSE,tavern license,lodging and entertainment license,club license,arts license,or racetrack license shall manage the premises himself or herself or employ a separate and distinct manager on the premises and shall report the name of the manager to the state and local licensing authorities.The licensee shall Capital Ieilers or bold &italic numbers indicate new material added in existing law,’dashes through word:or numbers indicate deletion:fromexisting law and such material is hoi par!of the act. Page 211 of 276 report any change in managers to the state and local licensing authorities within thirty days after the change.. ''''WHENA HOTEL AND RESTAURANT,TAVERN,OR LODGING AND ENTERTAINMENT LICENSEE REPORTS A CHANGE IN MANAGER TO THE STATE AND LOCAL LICENSING AUTHORITY,THE LICENSEE SHALL PAY: (3)A THIRTY-DOLLAR FEETO THESTATE LICENSINGAUTHORITY;AND (ID)A THIRTY-DOLLAR FEE TO THE LOCAL LICENSING AUTHORITY. SECTION 2.In Colorado Revised Statutes,44-3-413,amend (10); and repeal (9),(1 1),(12),and (13)as follows: 44—3—4l3.Hotel and restaurant license -de?nitions -rules. (9)...._. ..]g]Hgi H..3}.3} I I“ (10)The registered manager for each hotel and restaurant license, the hotel and restaurant licensee,or an employee or agent of the hotel and restaurant licensee shall purchase alcohol beverages for one licensed premises only,and the purchases shall be separate and distinct from purchases for any other hotel and restaurant license. (11)' msmmmr In .F]....1.5‘mi”. IICVVICgi$tCICd?'ImTageI WIEIIITI?lilty days. PAGE 2—HOUSEBILL 22~1415 Page 212 of 276 SECTION 3.In Colorado Revised Statutes,44-3-414,amend (5); and repeal (4),(6),(7),and (8)as follows: 44-3-414.Tavern license.(4)hdnwar i 1 1..E i I..I I.I E l .I 4 .I i H..i ._N I In .1 3 elxarronrtavenrlieenst (5)The registered manager for each tavem license,the tavern licensee,or an employee or agent of the tavern licensee shall purchase alcohol beverages for one licensed premises only,and the purchases shall be separate and distinct from purchases for any other tavem license. (6)%m.,,....h "SUN.1..‘.3 g “.'l:.”m1:.S‘hm?35 "Eh H 53'Em“:"gmmdmmg" SECTION 4.In Colorado Revised Statutes,44-3-428,amend (4) as follows: PAGE 3~HOUSE BILL 22-1415 Page 213 of 276 44-3-428.Lodging and entertainment license.(4)(a)Each g .g.Inf “"‘.'“‘.3 .1g...I g .g.. ' 5 1"H . '31 .3 I I ...3 g (In)The registered manager for each lodging and entertainment license,the lodging and entertainmentfacility licensee,or an employee or agent of the lodging and entertainment facility licensee shall purchase alcohol beverages for one licensed premises only,and the purchases shall be separate and distinct from purchases for any other lodging and entertainment license. (c) I .I.Ali.‘.E1.1. 116 W I cg‘.Iliail?gct Wlfllitl thil da VS. SECTION 5.In Colorado Revised Statutes,44-3-901,amend (6)(m)as follows: 44-3-901.Unlawful acts -exceptions -de?nitions.(6)It is unlawful for any person licensed to sell at retail pursuant to this article 3 or article 4 of this title 44: PAGE 4-HOUSE BILL 22-1415 Page 214 of 276 (In)To require a wholesaler to make delivery to any premises other than the speci?c hotel and restaurant premises where the alcohol beverage is to be sold and consumed ifthe person is a hotel and restaurant licensee or the registered manager of a hotel and restaurant license requires the delivery; SECTION 6.Safety clause.The general assembly hereby finds, determines,and declares that this act is necessary for the immediate preservation of the public peace,health,or safety. Alec Gamett Steve Fen erg SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE CHIEF CLERK OF TI-I OUSE SECRETARY OF OF REPRESENTATIVES THE SENATE TATE OF COLORADO PAGE 5-HOUSE BIL 22-1415 Page 215 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: September 19, 2022 SUBJECT: Proposed 2023 Budget Public Hearing DESCRIPTION: Proposed 2023 Budget Public Hearing RECOMMENDATION: Staff and City Council welcome public comment during the Public Hearing for the Proposed 2023 Budget. Please note that the public input will be taken into consideration as the 2023 budget is finalized. PREVIOUS COUNCIL ACTION: City Council has been provided the following opportunities to review the preliminary and proposed 2023 operating and capital budget priorities and to provide input to Staff: • January 29, 2022 - Visioning and 2023 City Council Goal Setting Workshop • April 11, 2022 - Study Session on preliminary 2023-2027 revenue and expenditures forecast assumptions • April 25, 2022 - Study Session on preliminary 2023-2027 Capital Improvement Plan at the Joint Study Session with Boards, Commissions and Committees tasked with capital review • June 20, 2022 - The first of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix • June 27, 2022 - The second of two Study Sessions to discuss staff's preliminary 2023 operating budget requests and to review the 2023 Capital Improvement Plan (CIP) request matrix and there was consensus to include the capital projects listed for the following funds in the Draft 2023 Proposed Budget: Conservation Trust Fund, Open Space Fund, Water Fund, Sewer Fund, Stormwater Drainage Fund, Golf Course Fund, Concrete Utility Fund, Servicenter Fund and Capital Equipment Replacement Fund • July 25, 2022 - Study Session to follow-up with City Council regarding additional funding and questions for specific 2023 capital projects for inclusion in the Public Improvement Fund (PIF) and the Capital Projects Fund budgets. City Council directed staff to transfer $1M from the General Fund Unassigned Fund Balance to finance the gap between capital projects requests and monies available after delaying the Fiber Network capital request. • August 8, 2022 - Study Session where staff and City Council reviewed the Draft Proposed 2023 Operating and Capital Budget to incorporate any final changes before Page 216 of 276 printing the Proposed 2023 Budget documents for distribution on Tuesday, September 6, 2022 SUMMARY: The City of Englewood's proposed 2023 budget was submitted on September 6, 2022. The proposed 2023 budget reflects the collaborative work of council, elected officials, the community and staff to balance the requirements of sustainable levels of service with the need for additional investment in infrastructure, technology and other resources. Through the efforts of staff and city council, the proposed budget includes programs, capital and operational costs supporting the high level quality of services that our residents and businesses expect and deserve. The city's fiscal year follows the calendar year. The proposed 2023 budget is in effect for the 2023 calendar year starting on January 1st and ending on December 31st. ALL FUND TYPES Page 217 of 276 GENERAL FUND The estimated 2023 General Fund revenue total approximately $61.3 million - $1.4 million or 2.3% above the 2022 amended revenue budget of $59.9 million. The major revenue assumptions include the following: • Sales & Use Tax Revenue $38.7 million versus 2022 amended budget of $37.0 million; this $1.7 million increase reflects a 4.6% rise over the prior year budget. Based on 2022 collection data, the 2022 estimate was increased by $3.2M. The transfer out in 2022 and 2023 includes the anticipated amounts of $150K and $197K respectively, to be paid to the EDDA for the Tax Increment Financing (TIF), more specifically the Sales Tax requirement. • The proposed 2023 budget does not include a 1.5% increase in the marijuana sales tax rate that is allowable per the citizen initiative passed in 2016; the current 10.0% retail marijuana sales tax rate is the assumption used in revenue projections; the medical marijuana sales tax rate remains at 3.5%. • Property Tax of $5.2 million includes no increase for 2023. 2023 is a real property appraisal year; however, the anticipated increase in property tax will not be realized until 2024. The 2023 property tax estimate reflects Arapahoe County's Certification of Valuation information received on August 25, 2022. • Parks, Recreation, Library and Golf (PRLG) revenues of $3.1 million, is $500k or 19.2% above 2022 amended budget with the expectation that all restrictions due to the pandemic continue are lifted in 2022 and 2023 and operations return to pre-pandemic levels (or a new normal) at all Englewood recreational facilities. • Staff is also estimating lower Licenses & Permits Fees ($1.3 million in 2023 versus $3.0 million per the 2022 amended budget) due in large part to one-time anticipated development projects in 2022 that are not anticipated in 2023 (please note actual development efforts may result in higher or lower amounts received). • Charges for services increase of $552K (16.2%) includes an estimated increase of $241K for the Utilities Administrative Fee; the results of the 2022 administrative fee study are expected by the end of 2022 and this may impact the amount charged to the enterprise funds and component units. • The Highway Use Tax Fund original estimate of $961K was reduced by almost $22K based on the Colorado Municipal League estimate provided on August 23, 2022. The General Fund, accounts for a variety of governmental services from administrative to public safety to parks and recreation, totalling approximately $63.4 million or 34.9% of all funds. The proposed 2023 capital projects budget for the Capital Project Fund and Public Improvement Fund totals approximately $10 million. Enterprise Funds, which include the water, sanitary sewer, stormwater and concrete utilities and the Broken Tee Golf Course, totals $87.4 million. The Englewood sanitary sewer fund supports approximately 50% of South Platte Renew (SPR), the state-of-the art wastewater treatment plant, operated in collaboration with the City of Littleton. Total capital expenditures in the SPR 2023 budget are estimated at $14.5 million. The City of Englewood will fund one half of this capital outlay amount. Overall, the General Fund 2023 expenditures increased by 5% over the 2022 amended budget, as compared with the regional Colorado Price Index (CPI) 2023 forecast of 3.8%. The ten-year (2001-2021) compounded annual growth rate for expenditures is 3.0% as compared to the CPI of 2.5%. The proposed 2023 budgeted salary increase for all employee groups is 5.0%. The city Page 218 of 276 has also been able to negotiate favorable terms for benefits, fulfilling our commitment to provide an overall compensation package that both attracts and retains highly skilled employees. The proposed 2023 budget includes an increase of approximately 3.2 Full-Time Equivalent (FTE) of the following positions which address needs expressed by staff and the community: Personnel Requests – $341,000 will allow the City to hire the following positions: Administration Police • Sustainability Program (.2 FTE) wholly funded by the City Sheridan's share in program • Dispatch Supervisor (1 FTE) • Police Officers (2 FTE) Non-Personnel Requests – $2,246,839 of the operating enhancements supporting the following programs: City Administration Municipal Court • Website accessibility program • Weekend bond hearings (HB22- 1067) Parks, Recreation, Library and Golf Finance • Parks program cost increases • Pirates Cove program cost increases • Malley Center cost increases • Finance program increases for financial advisory services and outsourcing a portion of the year end audit program to a CPA firm Community Development Police Services • CityCenter redevelopment legal and financial services • Building code books • Community outreach • Trolley services • Membership and training • Various police contracted professional services impacted by inflationary price increases • Mental health counseling • Victims assistance-aid to individuals • Denver Fire contract 3% increase Public Works • Various PW Programs impacted by inflationary price increases • Share in asset management system • Increased CERF charges The proposed 2023 budget process began in Q1, 2022 with a proposed 2023 budget preview presentation. Throughout Q2 and Q3, staff has continued to provide updates and seek input from City Council regarding estimated revenues and expenditures. The discussions also included detailed background information related to department priorities. Page 219 of 276 The proposed 2023 budget addresses critical needs, provides adequate funding for city operations, and ensures a reserve balance of $12 million (including both of the TABOR Emergency Reserve and the Unrestricted Reserve) or approximately 19.6% of operating revenues, for contingencies and cash flow requirements. Estimated General Fund Balance (December 31, 2022) consists of: • $15.1 million 2023 Estimated Fund Balance • $ 1.8 million TABOR Emergency Reserve • $10.2 million Unrestricted Reserve - 16.7% of operating revenues • $12.0 million Total Reserve Requirements • $ 3.1 million Unassigned Fund Balance, includes LTAR (Long Term Asset Reserve (LTAR) Balance - $94,869) In 2022, City Council revised the city's General Fund's Fund Balance policy in order to explore the idea of creating an unrestricted reserve based on a fluctuating rate range versus the set rate of 16.7% which was established in 2016. The range enables the unrestricted reserve to rise or fall within a set parameter depending on the General Fund operational needs. The new range for the unrestricted reserve is set between 12% and 21.4% of operating revenues or expenditures whichever is more predictable. The rate range enables the city's unrestricted reserve to ratchet down to no less than 12% to offset the General Fund's operating deficit (where Operating Expenditures exceed Operating Revenues) before the city will need to adjust expenditures to bring the unrestricted reserve to a minimum of 12%. Conversely, when the General Fund has an operating surplus (where the Operating Revenues exceed the Operating Expenditures) the unrestricted reserve may slide up to 21.4% of operating revenues. The General Fund unassigned fund balance (fund balance in excess of restricted and unrestricted reserves) may be appropriated by City Council for one-time operational or capital use/needs ENTERPRISE FUNDS Revenue from all sources decrease in 2023 by approximately 22% over the 2022 amended budget, due in large part to reduced utility requests to issue new debt or borrow additional funds to finance the planned aging infrastructure upgrades. The Water and Sewer Funds' budget include funding for the following 7 FTE positions: Water Fund (3.3 FTEs) Sewer Fund (3.7 FTEs) Water Plant Operator (1 FTE) Senior Billing Specialist (1 FTE) Utility System Tech (1.4 FTEs) Billing Specialists (2 FTEs) Senior Construction Inspector (.9 FTE) Utility System Tech (.6 FTE) Senior Construction Inspector (.1 FTE) The Public Works Department oversees the Stormwater Drainage Fund's 2023 budget which provides for the addition of a Stormwater Engineer (1 FTE). The 2023 planned utility-related rate increases include the following: Water Fund Page 220 of 276 • 4.5% annual rate increase / 3.25% connection fee increase • 4.5% administrative fee increase • $1 monthly increase to the Capital Investment Fee (from $15 to $16 per month) • Revenue increase - $465,694 • Estimated WIFIA Loan Proceeds - $1,350,000 • 2023 estimated year-end funds available balance - $2.5 million Sewer Fund • 4.5% annual rate increase / 3.25% connection fee increase • Revenue increase - $930,937 • Estimated WIFIA Loan Proceeds - $7,500,000 • 2023 estimated year-end funds available balance - $2.2 million Stormwater Drainage Fund • $14.00 quarterly rate increase (from $43.74 to $57.74) • Revenue increase - $800,000 • 2023 estimated year-end funds available balance - $9.8 million In addition to the Water, Sewer and Stormwater Utilities fee and rate increase, the Parks, Recreation, Library & Golf (PRLG) Department proposes increases on green fees, cart fees and driving range fees at Broken Tee, generating approximately $78K. CAPITAL PROJECTS FUNDS (Specifically Public Improvement Fund (PIF) and Capital Projects Fund (CPF)) Capital Projects Funds' estimated expenditures (for general government capital projects) are approximately $10 million. Staff presented a comprehensive 5-year capital improvement plan reviewed by the Planning and Zoning Commission and city council. The initially recommended Tier 1 project list totaled over $8.9 million. The list was increased considering available capital funding plus a City Council approved $1m transfer from the General Fund Unassigned Fund Balance. The PIF and CPF proposed 2023 budget includes the following capital projects: Public Improvement Fund-$8,740,000 Capital Projects Fund-$1,165,540 Pavement Maintenance-$3,000,000 Facilities & Operations General- $664,000 Alley Maintenance-$150,000 Back-Up Generators - $150,000 Road & Bridge Program-$300,000 Network Development IT-$210,000 Concrete Utility City Share-$350,000 PC Replacement Program-$90,000 Concrete Accessible Ramps Program- $350,000 Security Cameras-$25,000 Dartmouth Ave Reconstruction East of Santa Fe-$1,000,000 Feasibility Study for a Single Entry/Exit on east side of Library-$15,000 Old Hampden Ave Complete Streets (Grant Project)-$1,825,000 Art in Public Places 1% of CPF project costs-$11,540 Traffic Signal Program-$150,000 Union Ave Bridge Rehabilitation-$400,000 Walk and Wheel Implementation-$294,000 S Broadway Streetscapes (Grant Project)-$611,000 Broadway Corridor Study-$50,000 Page 221 of 276 ERC Upgrades-$200,000 Parks & Rec Parking Lot Maintenance- $60,000 Please note that the Enterprise Funds account for and collect fees which provide funding for their respective ongoing operations, maintenance and capital needs. ANALYSIS: N/A COUNCIL ACTION REQUESTED: Council can consider information shared during the Public Hearing to provide additional feedback to staff regarding the 2023 budget in advance of the First and Second Readings to be held on October 3, 2022 and October 17, 2022, respectively. FINANCIAL IMPLICATIONS: This field is now required. Please contact City Clerk's office with questions. CONNECTION TO STRATEGIC PLAN: The proposed 2023 budget impacts in part the following community results/outcomes: • Sustainability - A city that stewards its resources for the benefit of current and future generations • Governance - A city government that serves the community by being efficient, effective, accountable, and adaptable • Neighborhoods - Vibrant engaged, and connected neighborhoods as part of the Englewood community • Safety - A city that protects and serves the community and its people with professionalism and responsiveness • Local Economy - A city that that retains and supporting existing businesses while attracting and promoting new business ventures • Infrastructure & Transportation - A city that proactively and in a cost-effective manner invests in, maintains, improves, and plans to protect its infrastructure • Community Wellbeing- A city that provides satisfying opportunities for the vitality, enrichment, welfare, and happiness of the community OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: Public Hearing Presentation Page 222 of 276 Public Hearing: Proposed 2023 Budget September 19, 2022 Presented by Jackie Loh Page 223 of 276 •2023 Budget Calendar •Funds Structure Overview •General Fund Recap •General Fund Enhancements •Other Funds Enhancements •Capital Funds Recap •Appendix Agenda Page 224 of 276 2023 City Council Budget Calendar Q1 Jan-Mar •City Council 2023 Vision/Goal Setting Workshop-Jan 29, 2022 Q2 Apr-Jun •Preliminary 2023 Revenue and Expenditure Underlying Forecast Assumptions–Apr 11, 2022 •Review Preliminary 2023 Capital Projects List with CC* and BC&C*–Apr 25, 2022 •Review Preliminary 2023 Operating & Staff Prioritized Capital Requests–Jun 20 and 27, 2022 Q3 Jul-Sep •Budget Advisory Committee Annual Report Review–Aug 1, 2022 •Draft Proposed 2023 Operating & Capital Budget & Follow-up Discussion as needed–Aug 8 and (if needed) Aug 22, 2022 •Submit Proposed 2023 Budget–Sep 6, 2022 •Proposed 2023 Budget Public Hearing–Sep 19, 2022 •Budget Workshop to finalize 2023 Budget (Placeholder)–Sep 26, 2022 Q4 Oct-Dec •2023 Budget Ordinances First Reading–Oct 3, 2022 •2023 Budget Ordinances Second Reading–Oct 17, 2022 * CC = City Council * BC&C = Boards, Commissions and Committees Other Budget Input •2023-2027 Capital Improvement Plan (CIP) recommended project list to City Manager from the following: Planning and Zoning Commission, Library Board, Transportation Advisory Committee, Parks & Recreation Commission and Budget Advisory Committee -Jun 9, 2022 •BC&C operating budget update: Library Board, Transportation Advisory Committee, Parks & Recreation Commission and Budget Advisory Committee –no later than Aug 1, 2022 Page 225 of 276 Funds Structure Overview Page 226 of 276 All Funds –2023 Sources and Uses (in millions) General Fund $61.4 43% Special Revenue Funds $2.0 1% Debt Service Funds $2.8 2% Capital Projects Funds $10.6 7% Enterprise Funds $53.6 38% Internal Service Funds $12.2 9%General Fund $63.4 35% Special Revenue Funds $2.6 1% Debt Service Funds $2.9 2% Capital Projects Funds $12.1 7% Enterprise Funds $87.4 48% Internal Service Funds $13.3 7% USESSOURCES Page 227 of 276 All Funds –2023 Sources and Uses (in millions)Page 228 of 276 General Fund Budget Recap Page 229 of 276 General Fund SummaryProposed 2023 Budget Assumptions 2023 Revenue Sources:Apr 11th Jun 20th Aug 8th Aug 19th Sales and Use Tax Revenue (increase applied to 2022 revenue estimate) Recreational Marijuana Sales/Use Tax Rate remains at 10% Medical Marijuana Sales/Use Tax Rate remains at 3.5% +4.0%4.0%4.5%4.5% Property Tax Revenue *+0.0%0.0%0.0%0.0% All Other Revenue Sources ++2.0%2.0%(3.7%)(1.5%) 2023 Expenditure Uses:+4.0%4.0%14.9%5.0% 2023 Sales Tax related TIF Transfer to EDDA (estimate)$197K $197K * 2023 is an appraisal year and the anticipated increase will impact fiscal/calendar year 2024 + Major decrease ($1.8M) is due to lower licenses and permits revenue estimates in 2023 vs 2022Page 230 of 276 General Fund –Sources of Funds2023 Budget (in millions) Transfer-In Contribution from Component Units Other Income Interest Income Fines & Forfeitures Library Fines Recreation Program Fees Charges for Services Intergovernmental Revenue Licenses & Permits Hotel Franchise Fees Sales & Use Taxes Specific Ownership Tax Property Tax $- $10 $20 $30 $40 Revenue Source 9/6/2022 2023 Proposed % Property Tax 5.2$ 8.4% Specific Ownership Tax 0.5$ 0.9% Sales & Use Taxes 38.7$ 63.0% Franchise Fees 3.9$ 6.3% Hotel 0.0$ 0.0% Licenses & Permits 1.4$ 2.3% Intergovernmental Revenue 1.4$ 2.3% Charges for Services 4.0$ 6.5% Recreation Program Fees 3.1$ 5.0% Library Fines 0.0$ 0.0% Fines & Forfeitures 0.4$ 0.7% Interest Income 0.2$ 0.3% Other Income 0.7$ 1.1% Contribution from Component Units 1.8$ 2.9% Transfer-In 0.1$ 0.2% Total Sources of Funds 61.5$ 100.0%Page 231 of 276 General Fund SummaryProposed 2023 Budget Expenditure Assumptions Expenditure Uses: Salary/Wages +5.0% Medical Insurance +10.0% Non-Personnel (includes enhancements)+7.5% Expenditure Savings Dental Insurance +0.0% Personnel Vacancy Savings Non-Personnel Savings - - 2.4% 0.5%Page 232 of 276 2023 Salary / Wage Increase Overview Employers of choice attract and retain employees, in part, by: Offering competitive compensation Offering competitive benefits Informational Data: •Englewood Employee Groups Salary/Wage Increases Englewood Police Benefits Association –5% Englewood Employee Association –5% Englewood All Others –5% •Colorado State Salary/Wage Increase for Fiscal Year (FY) 2022-2023 –3.0% across the board and no merit increase •Colorado Economic Indicators Wage and Salary Income Percent Change (Public & Private Sectors) 2023 Increase –6.1% 3 Year Average Increase (2021-2023) –8.4% 5 Year Average Increase (2019-2023) –6.9% Sources: Colorado Legislative Council Staff June 2022 Economic & Revenue Forecast, June 21, 2022, pg 66 and Colorado Joint Budget Committee Appropriations Report Fiscal Year 2022/2023 pg C-3Page 233 of 276 General Fund Salary & Benefit Increases 2023 vs 2022 Salaries $29.8 Salaries $27.4 Benefits $9.5 Benefits $8.7 $- $9.0 $18.0 $27.0 $36.0 2023 2022 Benefits Salaries (in millions)Page 234 of 276 General Fund –Uses of Funds2023 Budget (in millions) Expenditure Use 9/6/2022 2023 Proposed % Legislation 0.3$ 0.5% Administration 1.4$ 2.2% City Attorney's Office 1.2$ 1.9% Municipal Court 1.6$ 2.5% Human Resources 0.9$ 1.4% Finance 2.2$ 3.5% Information Technology 4.7$ 7.4% Community Development 3.1$ 4.9% Public Works 9.1$ 14.3% Police 25.6$ 40.3% Parks, Recreation, Library and Golf 8.9$ 14.0% Communications 0.9$ 1.4% Contingency**2.3$ 3.6% Debt Service 0.1$ 0.2% Transfer Out to PIF and EDDA 1.2$ 1.9% Total Uses of Funds 63.5$ 100.0% **Contingency Fund is earmarked for compensation adjustments, IT equipment for new hires, PTO/annual leave payments to employees separating from the City and centralized programs Transfer Out to PIF and EDDA Debt Service Contingency** Communications Parks, Recreation, Library and Golf Police Public Works Community Development Information Technology Finance Human Resources Municipal Court City Attorney's Office Administration Legislation $- $8 $15 $23 $30Page 235 of 276 2023 General Fund (Fund Balance in Millions) As of 8/8/2022 As of 9/6/2022 2022 Estimated Year End Fund Balance +$ 17.1 + $ 17.1 2023 Revenue Budget +$ 60.9 + $ 61.3 2023 Expenditure Appropriation Budget -$ 68.1 -$ 62.2 2023 Adjustments +$ 4.9 + $ 0.0 2023 Net transfer-in(out) from(to) PIF +$ 0.1 -$ 0.9 2023 Net transfer-out to EDDA -$ 0.2 -$ 0.2 2023 Net Change in Fund Balance -$ 2.4 -$ 2.0 2023 Estimated Year End Fund Balance =$ 14.7 = $ 15.1 Please Note:In 2023,due to the Sales Tax TIF, the city is estimating a $197K transfer to EDDAPage 236 of 276 General Fund 2022 vs 2023 D E F 2=D+E-F G H 3= 2+G-H Current Forecast Current Forecast Jan 1, 2022 Estimate Estimate Dec 31, 2022 Proposed Proposed Dec 31, 2023 Balance Sources Uses Balance Sources Uses Balance General Fund 02 General Fund 17,043,292$ 59,588,215$ 59,557,066$ 17,074,441$ 61,436,132$ 63,430,711$ 15,079,862$ Total Revenues/Expenditures 59,454,093$ 59,232,066$ 61,298,315$ 62,233,711$ Total Other Financing Sources/Uses 134,122$ 325,000$ 137,817$ 1,197,000$ Restricted Reserves 1,800,000$ 1,800,000$ 1,800,000$ Unrestricted Reserve 9,928,834$ 10,236,819$ 10,236,819$ Unrestricted Reserve % of Revenues 16.7%16.7%16.7% Unassigned Fund Balance 5,314,458$ 5,037,622$ 3,043,043$ Fund Balance 17,043,292$ 17,074,441$ 15,079,862$ GOVERNMENTAL FUND TYPE (Fund Balance* = Total Assets - Total Liabilities)Page 237 of 276 General FundBudget Enhancements Page 238 of 276 General Fund: Funded Personnel Changes Department Position Title FTE Ongoing One Time Included Administration Sustainability Coordinator 0.2 16,000$ -$ Yes Administration Accessibility Coordinator 0.0 -$ 20,000$ Yes Police Civilian Support Officer 1.0 85,000$ -$ Yes Police Additional Sworn Police Officers 2.0 240,000$ -$ Yes Grand Totals 3.2 341,000$ 20,000$ Continues on next slidePage 239 of 276 Department Enhancement Title Ongoing One Time Included Community Development Building Code Books -$ 4,500$ Yes Community Development CityCenter Redevelopment-Legal Services -$ 75,000$ Yes Community Development CityCenter Redevelopment-Financial Services -$ 25,000$ Yes Community Development Community Outreach -$ 2,500$ Yes Community Development Trolley 69,058$ 20,000$ Yes Community Development Memberships and Dues 3,000$ -$ Yes Community Development Training 1,500$ -$ Yes PRLG Parks Fuels and Lubricants 4,000$ -$ Yes PRLG Parks Bulk Chemicals 3,200$ -$ Yes PRLG Parks Water Charges 5,691$ -$ Yes PRLG Parks R&M Charges 8,960$ -$ Yes PRLG Parks Vehicle Maintenance 102,400$ -$ Yes PRLG Parks Division Total Adjustment 52,075$ 5,000$ Yes PRLG Pirates Cove Bulk Chemicals 6,080$ -$ Yes PRLG Pirates Cove Food 7,520$ -$ Yes PRLG Malley Recreation Center Total Adjustment 43,586$ -$ Yes Page 1 Subtotals 307,070$ 132,000$ Continued from previous slide General Fund: Funded Non-Personnel Changes Page 240 of 276 Department Enhancement Title Ongoing One Time Included Finance Licensing Materials/Mailing Costs 6,650$ -$ Yes Finance Travel for Procurement Division 3,000$ -$ Yes Finance Mileage & Parking for Procurement 200$ -$ Yes Finance Clothing for Procurement 100$ -$ Yes Finance CPA Audit Assistance 900$ 10,000$ Yes Finance Audit Expense 6,000$ -$ Yes Finance Financial Advisory Services -$ 30,000$ Yes Finance Professional Services (26,900)$ -$ Yes Finance 15K Internal Audit - Accounting 15,000$ -$ Yes Finance Finance Department Line Items Affected by Inflationary Price Increases (67,975)$ -$ Yes Municipal Court Weekend Bond Hearings 20,000$ -$ Yes Information Technology Software Maintenance Increases 658,256$ -$ Yes Information Technology Communication 60,000$ -$ Yes Page 2 Subtotals 675,231$ 40,000$ Continued from previous slide General Fund: Funded Non-Personnel Changes Page 241 of 276 Department Enhancement Title Ongoing One Time Included Police Increase to Several G/L Lines 13,556$ -$ Yes Police Mental Health Counseling 26,000$ -$ Yes Police Victim's Assistance - Aid to Individuals 3,440$ -$ Yes Police Increase Professional Services G/L 130,422$ -$ Yes Police Increase Denver Fire Contract (3%)33,158$ -$ Yes Police Increase in Utility Costs 1,546$ -$ Yes Public Works Asset Management -$ 10,000$ Yes Public Works Inflation Request 118,441$ -$ Yes Public Works Sanitation 5,600$ -$ Yes Public Works CERF Vehicle and Equipment Replacement 9,399$ -$ Yes Public Works Increase Professional Services 265,462$ -$ Yes Public Works Inflation Adjustments for the Streets Maintenance Division 195,228$ -$ Yes Public Works Traffic Engineering Division Inflation 198,428$ -$ Yes Public Works Increase to CERF Charges - Streets Maintenance 61,912$ -$ Yes Page 3 Subtotals 1,062,592$ 10,000$ Continued from previous slide General Fund: Funded Non-Personnel Changes Page 242 of 276 Enhancement Title Ongoing One Time Slide 1 Total 307,070$ 132,000$ Slide 2 Total 675,231$ 40,000$ Slide 3 Total 1,062,592$ 10,000$ Grand Total 2,044,893$ 182,000$ Continued from previous slide General Fund: Funded Non-Personnel Changes Page 243 of 276 General Fund: Revenue Changes Department Revenue Source % / $ Increase Ongoing One Time Included Police Plan Review Fees 25.00%25,000$ -$ Yes Administration Annual Marijuana License Fee $500.00 3,000$ -$ Yes Administration Annual Marijuana Application Fee $500.00 3,000$ -$ Yes Finance Waste Transfer Surcharge $0.13/cubic yard 217,086$ -$ Yes PRLG Kids Connection Summer Camp $10/week & $10/day 7,000$ -$ Yes PRLG Excursions 5%3,225$ -$ Yes PRLG Events Application Fee $50 2,000$ -$ Yes PRLG Set-up Rental Fee $5-$50 500$ PRLG General Fitness Classes 3%4,000$ -$ Yes PRLG Pirates Cove Daily Admission $1.00 90,000$ -$ Yes Subtotal Slide 1 354,811$ -$ Page 244 of 276 General Fund: Revenue Changes Department Revenue Source % / $ Increase Ongoing One Time Included Information Technology SPR Internal Charges $117,740 117,740$ $- Yes Information Technology Utilities Internal Charges $118,484 118,484$ $- Yes Information Technology Concrete Utility $191,583 191,583$ -$ Yes Information Technology Servicenter $28,340 28,340$ -$ Yes Information Technology Stormwater $16,705 16,705$ -$ Yes Information Technology Golf $17,947 17,947$ -$ Yes Subtotal Slide 2 490,799$ -$ Subtotal Slide 1 354,811$ -$ Grand Total 845,610$ -$ Continued from previous slidePage 245 of 276 Other FundsBudget Enhancements Page 246 of 276 Water Fund •4.5% annual rate increase / 3.25% connection fee increase •4.5% administrative fee increase •Capital Investment Fee Increase -$1/month (from $15 to $16 per month) •Revenue increase -$465,694 •Estimated WIFIA Loan Proceeds -$1,350,000 •2023 estimated year-end funds available balance -$2.5 million Sewer Fund •4.5% annual rate increase / 3.25% connection fee increase •Revenue increase -$930,937 •Estimated WIFIA Loan Proceeds -$7,500,000 •2023 estimated year-end funds available balance -$2.2 million Stormwater Drainage Fund •$14.00 quarterly rate increase (from $43.74 to $57.74) •Revenue increase -$800,000 •2023 estimated year-end funds available balance -$9.8 million 2023 Enterprise Funds Highlights Supporting Infrastructure Needs WIFIA –Water Infrastructure Finance and Innovation Act of 2014 administered by the Environmental Protection Agency (EPA)Page 247 of 276 Other Funds: Personnel Changes Department Position Title FTE Ongoing One Time Included PRLG - Golf Course Fund Golf Wages for PT/Seasonal Staff 0.0 105,000$ -$ Yes Public Works - Stormwater Fund Stormwater Engineer 1.0 125,000$ 5,000$ Yes Utilities - Sewer Fund 1 FTE Senior Billing Specialist, 2 FTEs Billing Specialists, 0.6 FTE Utility System Tech, 0.1 FTE Senior Construction Inspector 3.7 297,300$ -$ Yes Utilities - Water Fund 1 FTE Water Plant Operator, 1.4 FTEs Utility System Tech, 0.9 FTE Senior Construction Inspector 3.3 477,700$ -$ Yes South Platte Renew Implementation of 2022 Comp/Class Study 0.0 600,000$ -$ Yes Grand Total 8.0 1,605,000$ 5,000$ Continues on next slidePage 248 of 276 Other Funds: Non-Personnel Changes Department Enhancement Title Ongoing One Time Included PRLG-Golf Course Golf Fuels and Lubricants 5,000$ -$ Yes PRLG-Golf Course Golf Bulk Chemicals 3,500$ -$ Yes PRLG-Golf Course Golf Operating Supplies 50,000$ -$ Yes PRLG-Golf Course Golf R&M - General -$ 37,000$ Yes PRLG - Golf Course Golf Course Operations and Maintenance Total 102,497$ 13,500$ Yes Public Works-Servicenter ServiCenter Vehicle Lift Maintenance -$ 110,000$ Yes Public Works-Servicenter Servicenter Inflation Adjustments 41,940$ -$ Yes Public Works-Servicenter Servicenter Garage Inflation 65,590$ -$ Yes Public Works-Stormwater Cartegraph Storm Sewer Module -$ 10,000$ Yes South Platte Renew Treatment Chemicals 915,100$ -$ Yes South Platte Renew Master Plan -$ 500,000$ Yes South Platte Renew Gas and Electric 476,000$ -$ Yes Utilities-Sewer Fund Commodities, Contractural, Capital (Not CIP)955,200$ -$ Yes Utilities-Water Fund Commodities, Contractural, Capital (Not CIP)1,206,601$ -$ Yes Grand Total 3,821,428$ 670,500$ Continued from previous slidePage 249 of 276 Other Funds: Revenue Changes Fund Department Revenue Source % / $ Increase Ongoing One Time Included 42 Public Works Stormwater Maintenance Fees 32.00%1,033,000$ $- Yes 40 Utilities Water Rates 4.50%215,500$ $- Yes 40 Utilities Water Connection Fee 3.25%26,000$ $- Yes 40 Utilities Capital Investment Fee $1.00 160,300$ $- Yes 41 Utilities Sewer Rates 4.50%933,333$ $- Yes 41 Utilities Sewer Connection Fee $3.25 12,000$ $- Yes 43 PRLG Broken Tee Golf Course Green Fees $1-$2 40,000$ $- Yes 43 PRLG Broken Tee Golf Course Cart Fees $1 23,000$ $- Yes 43 PRLG Broken Tee Golf Course Driving Range Fees $1 15,000$ $- Yes Grand Totals 2,458,133$ -$ Page 250 of 276 Capital Projects Fund -$10 million Page 251 of 276 2023 Capital ProjectsPublic Improvement Fund (30) Priority Dept Project Name Request 2023 Tier 1 PW Road & Bridge 300,000$ Tier 1 PW Concrete Utility City Share 350,000$ Tier 1 PW Walk & Wheel Implementation 294,000$ Tier 1 PW Traffic Signal Program 150,000$ Tier 1 PW Dartmouth Ave Reconstruction East of Santa Fe Dr 1,000,000$ Tier 1 PW Union Avenue Bridge Rehabilitation 400,000$ Tier 1 PW Concrete Program Accessible Ramps 350,000$ Tier 1 PW Alley Maintenance 150,000$ Tier 1 PW Pavement Maintenance by Area 3,000,000$ Tier 1 PW Old Hampden Ave Complete Streets (Grant Project)1,825,000$ Tier 1 PW Broadway Corridor Study 50,000$ Tier 1 PW S Broadway Streetscapes (Grant Project)611,000$ Tier 1 PRLG ERC Upgrades 200,000$ Tier 1 PRLG Parks & Rec Parking Lot Maint 60,000$ Total Public Improvement Fund (30)8,740,000$ Main Sources of Funds •Vehicle Use Tax •Building Use Tax •Arapahoe County Road and Bridge Tax Page 252 of 276 2023 Capital ProjectsCapital Projects Fund (31) Priority Dept Project Name Request 2023 Tier 1 PRLG Art in Public Places 1% Recreation 11,540$ Tier 1 PRLG Feasibility Study for a single entry/exit on east side of Library 15,000$ Tier 1 IT Network Development IT 210,000$ Tier 1 IT PC Replacement IT 90,000$ Tier 1 IT Security Cameras 25,000$ Tier 1 PW Facilities and Operations General 664,000$ Tier 1 PW Back-Up Generators 150,000$ Total Capital Projects Fund (31) 1,165,540$ Main Sources of Funds •Transfer-In from General Fund or Public Improvement Fund Page 253 of 276 Capital Projects Funds -$10 million Fund Amount 30 Public Improvement Fund Projects List Subtotal 8,740,000$ 31 Capital Projects Fund Projects List Subtotal 1,165,540$ Grand Total 9,905,540$ D E F 2=D+E-F G H 3= 2+G-H Current Forecast Current Forecast Jan 1, 2022 Estimate Estimate Dec 31, 2022 Proposed Proposed Dec 31, 2023 Balance Sources Uses Balance Sources Uses Balance Capital Projects Funds 30 Public Improvement Fund 18,870,874$ 5,000,000$ 21,731,470$ 2,139,404$ 9,050,000$ 10,394,136$ 795,268$ 31 Capital Projects Fund 2,924,379$ 1,725,642$ 4,270,903$ 379,118$ 1,505,000$ 1,165,540$ 718,578$ 34 Police Building Construction Fd 3,044,149$ -$ 220,000$ 2,824,149$ -$ 500,600$ 2,323,549$ Totals 24,839,402$ 6,725,642$ 26,222,373$ 5,342,671$ 10,555,000$ 12,060,276$ 3,837,395$ GOVERNMENTAL FUND TYPE (Fund Balance* = Total Assets - Total Liabilities)Page 254 of 276 Appendix Page 255 of 276 Governmental Fund Types D E F 2=D+E-F G H 3= 2+G-H Current Forecast Current Forecast Jan 1, 2022 Estimate Estimate Dec 31, 2022 Proposed Proposed Dec 31, 2023 Balance Sources Uses Balance Sources Uses Balance General Fund 02 General Fund 17,043,292$ 59,588,215$ 59,557,066$ 17,074,441$ 61,436,132$ 63,430,711$ 15,079,862$ Special Revenue Funds 03 Conservation Trust Fund 2,353,926$ 310,000$ 2,112,602$ 551,324$ 310,000$ 608,825$ 252,499$ 04 Donors Fund 676,191$ 107,923$ 71,000$ 713,114$ 113,100$ 413,500$ 412,714$ 07 Parks & Recreation Trust Fund 141,096$ 2,000$ 5,500$ 137,596$ 2,500$ 15,000$ 125,096$ 08 Malley Center Trust Fund 457,356$ 3,000$ 35,000$ 425,356$ 3,000$ 35,000$ 393,356$ 10 Open Space Fund 2,455,452$ 1,400,000$ 3,255,096$ 600,356$ 1,552,845$ 1,501,405$ 651,796$ Totals 6,084,021$ 1,822,923$ 5,479,198$ 2,427,746$ 1,981,445$ 2,573,730$ 1,835,461$ Debt Service Funds 20 Rec General Obligation Bond 93,692$ 1,100,200$ 1,101,800$ 92,092$ 550,500$ 626,800$ 15,792$ 25 Police General Obligation Bond 160,958$ 2,150,500$ 2,224,800$ 86,658$ 2,202,000$ 2,232,300$ 56,358$ Totals 254,650$ 3,250,700$ 3,326,600$ 178,750$ 2,752,500$ 2,859,100$ 72,150$ Capital Projects Funds 30 Public Improvement Fund 18,870,874$ 5,000,000$ 21,731,470$ 2,139,404$ 9,050,000$ 10,394,136$ 795,268$ 31 Capital Projects Fund 2,924,379$ 1,725,642$ 4,270,903$ 379,118$ 1,505,000$ 1,165,540$ 718,578$ 34 Police Building Construction Fd 3,044,149$ -$ 220,000$ 2,824,149$ -$ 500,600$ 2,323,549$ Totals 24,839,402$ 6,725,642$ 26,222,373$ 5,342,671$ 10,555,000$ 12,060,276$ 3,837,395$ GOVERNMENTAL FUND TYPE (Fund Balance* = Total Assets - Total Liabilities)Page 256 of 276 Proprietary Fund Types D E F 2=D+E-F G H 3= 2+G-H Current Forecast Current Forecast Jan 1, 2022 Estimate Estimate Dec 31, 2022 Proposed Proposed Dec 31, 2023 Balance Sources Uses Balance Sources Uses Balance Enterprise Funds 40 Water Fund 22,297,097$ 13,180,132$ 18,553,595$ 16,923,634$ 16,736,451$ 31,131,931$ 2,528,154$ 41 Sewer Fund 7,726,230$ 20,701,379$ 26,013,547$ 2,414,062$ 29,443,815$ 29,697,399$ 2,160,478$ 42 Storm Drainage Fund 11,798,792$ 28,975,500$ 12,178,734$ 28,595,558$ 3,399,000$ 22,227,184$ 9,767,374$ 43 Golf Course Fund 1,800,048$ 2,727,783$ 3,720,173$ 807,658$ 2,789,296$ 2,800,248$ 796,706$ 44 Concrete Utility Fund 1,806,951$ 1,002,999$ 1,096,669$ 1,713,281$ 1,057,600$ 1,159,502$ 1,611,379$ 45-46 Housing Rehabilitation Fund 1,216,127$ 125,400$ 490,150$ 851,377$ 133,250$ 350,150$ 634,477$ Totals 46,645,245$ 66,713,193$ 62,052,868$ 51,305,570$ 53,559,412$ 87,366,414$ 17,498,568$ Internal Service Funds 61 ServiCenter Fund 725,215$ 1,279,903$ 1,937,613$ 67,505$ 2,523,961$ 2,560,285$ 31,181$ 62 Capital Equipment Replacement 4,251,353$ 1,334,999$ 3,151,756$ 2,434,596$ 1,360,962$ 1,878,195$ 1,917,363$ 63 Risk Management Fund 1,601,233$ 1,534,429$ 1,888,196$ 1,247,466$ 1,551,187$ 2,062,274$ 736,379$ 64 Employee Benefits Fund 672,312$ 5,447,161$ 5,669,137$ 450,336$ 6,805,381$ 6,832,312$ 423,405$ Totals 7,250,113$ 9,596,492$ 12,646,702$ 4,199,903$ 12,241,491$ 13,333,066$ 3,108,328$ PROPRIETARY FUND TYPE (Funds Available Balance* = Current Assets - Current Liabilities + Current Principal Portion of Debt Service)Page 257 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: September 19, 2022 SUBJECT: CB 51 - Approve a bill for an ordinance amending Englewood Municipal Code Title 8 Chapter 2 Section 8-2-A(B)(9) to amend temporary emergency winter weather sheltering regulations. DESCRIPTION: CB 51 - Amendment to Fire Code to expand authorized usage of temporary emergency shelters during severe weather. RECOMMENDATION: Approve a bill for an ordinance amending Englewood Municipal Code Title 8 Chapter 2 Section 8-2-A(B)(9) to amend temporary emergency winter weather sheltering regulations. SUMMARY: Council Member Anderson requested City staff prepare an ordinance further amending provisions of the International Building Code expanding the authority to allow places of worship to serve as temporary emergency shelters during severe winter weather events. As requested, the proposed ordinance amends EMC 8-2A-2 to allow: Basement sheltering, with two persons on fire watch and sufficient egress 75 total days per year (instead of 45) After consulting with City Fire Marshal staff and Building Division staff, the proposed ordinance also requires certification of compliance with other applicable laws including Americans with Disabilities Act (which are applicable anyway, and cannot be waived); includes a reference to total occupancy limits to ensure the safety of those utilizing an emergency shelter; and it specifically notes that all spaces must comply with International Building Code 1030 to provide emergency escape and rescue openings. COUNCIL ACTION REQUESTED: Consider an Ordinance amending Englewood Municipal Code Title 8 Chapter 2 Section 8-2- A(B)(9) to amend temporary emergency winter weather sheltering regulations. FINANCIAL IMPLICATIONS: None anticipated ATTACHMENTS: Council Bill #51 Page 258 of 276 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 51 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE REGARDING TEMPORARY EMERGENCY WINTER WEATHER SHELTERING WHEREAS, on the 19th day of October, 2020, the City of Englewood adopted Ordinance No. 34, Series of 2020 providing for fire code standards for places of worship providing temporary emergency winter weather sheltering to those without adequate shelter; and WHEREAS, to ensure everyone in the community has access to adequate shelter during times of life-threatening winter weather, the City desires to amend those fire code standards to expand the number of eligible temporary sheltering locations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Englewood Municipal Code Title 8 Chapter 2 Section 8-2A-2(B)(9) is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): (9) 303.1.4 Accessory to places of religious worship shall be amended to add the following after the last sentence in the section: Rooms or spaces within such places providing overnight temporary emergency winter weather sheltering for 49 or less occupants for less than 16 continuous hours and with sleeping rooms or spaces less than 10,000 square feet in aggregate area are not considered separate occupancies. Such uses shall comply with the following: 1. A fire watch shall be provided with at least two (2) people one (1) person on site at all times on each level where shelter is provided to ensure a waking fire watch is maintained during sheltering hours awake at all times. Fire Watch personnel shall be properly trained in fire watch procedures as prescribed by the Fire Marshal. 2. Sheltering is limited to the ground floor, or basement level with a minimum of two operational points of egress, unless a fire suppression and fire alarm system are provided. All sheltering spaces further shall comply with International Building Code 1030 regarding emergency escape and rescue openings for sleeping rooms regardless of occupancy classification. 3. Smoke detectors and Carbon Monoxide alarms must be installed and maintained in working order. Page 259 of 276 2 4. A minimum of two (2) 2A:10BC fire extinguishers shall be installed as required by the International Fire Code. The travel distance to a fire extinguisher shall not exceed 75 feet. 5. Use is limited to seventyforty‐five (4575) total days per designated severe winter weather period (October 1st – May 15th). 6. Sheltering is limited to severe weather (temperatures below 32 degrees and wet, or temperatures below 20 degrees and dry) and between the hours of 6 PM – 8 AM. 7. Panic hardware is required on exit doors or an approved alternative method based on occupancy / egress. 8. A conditional use permit for severe weather sheltering providing maximum occupancy limits must be obtained from the City of Englewood Fire Marshal’s Office. 9. The permitee shall certify that it will comply with all applicable laws, including the Americans with Disabilities Act. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. C. 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. D. 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 Page 260 of 276 3 legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 19th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of September, 2022 for thirty (30) days. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 19th day of September, 2022. Stephanie Carlile Page 261 of 276 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: September 19, 2022 SUBJECT: CB 49 - Amending EMC 7-6B-6 regarding solicitation from vehicles, sidewalk obstructions DESCRIPTION: CB 49 - This ordinance proposes amendments to City Code regarding solicitation from vehicles and obstructions on streets and sidewalks. RECOMMENDATION: Approve a bill for an ordinance amending EMC 7-6B-6 PREVIOUS COUNCIL ACTION: May 23, 2022: City Council study session presentation regarding regulation of right of way in the City SUMMARY: The proposed ordinance accomplishes two things: it ensures compliance with evolving case law regarding solicitations on medians, and it requires unobstructed access to City sidewalks to ensure ADA compliance. First, case law has recently held that cities can no longer have a blanket ban on solicitations from vehicles/medians. The City can prohibit these actions in certain areas, based on public safety and supported by data for that specific location. So, the proposed ordinance removes the blanket ban language. Second, it expands the definition of prohibited obstructions on streets, sidewalks, and rights of way to specifically include sitting/lying on sidewalks and right of way and placement of unpermitted furniture/property except as incidental to a lawful use of the sidewalk. The City received a significant number of complaints in the last few months from pedestrians and businesses because City sidewalks have been blocked. From a legal perspective, for Americans with Disabilities Act compliance, the City must ensure people with limited mobility have full and unimpeded access to use sidewalks and access structures served by those sidewalks. The City’s outside engineering consultant considered the City’s sidewalk inventory and considered regulatory options to ensure ADA-required clearance in light of the fact that City sidewalks already contain various permitted obstructions, including street furniture/seating, lights, poles, and signage. So to ensure everyone has full access to utilize City sidewalks, including those with limited mobility that require a wider and unimpeded travel path, the ordinance simply prohibits sitting and lying on sidewalks and placement of personal property that may impede sidewalks, except on authorized street furniture. Page 262 of 276 Because this is likely to affect some people experiencing homelessness in the community, after consulting with the City’s outside engineering firm, we consulted with the police department’s homelessness liaison Sgt. Reid McGrath to develop appropriate language and ensure a compassionate approach in enforcement. The goal is that this ordinance will encourage those currently obstructing City sidewalks by sitting/lying across them during business hours to utilize the City’s park system instead, which provides shade, cool, and soft areas more conducive to sitting and lying and provide significantly more space for a person to rest and/or place their personal belongings. This ordinance is not a city-wide "camping ban". In its communication efforts to solicit input, revisions, and concerns, City staff received a few questions about where people experiencing homelessness can sleep at night if not on sidewalks and rights of way, given City parks close nightly. Where those experiencing homelessness can and should sleep is very important issue, but it is outside the scope of this ordinance which is intentended to ensure ADA compliance by ensuring unobstructed access on the following: highway, public right of way, street, sidewalk, mail, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances. This ordinance does not prohibit or regulate sleeping on: sidewalk furniture such as benches, given those were placed to ensure ADA compliance; other public property that is not streets/sidewalks/rights of way; or private property, with the permission of the landowner. Thus, those locations are appropriate for sleeping outside under current law, even if this ordinance is adopted. In addition, sleeping is a basic human right, as recognized by case law. Thus, if the City should inadvertently take additional future steps that leave no legal place to sleep in Englewood (such as in a shelter, or in a designated location), then the City would be unable to enforce unless and until it contracted with a shelter or otherwise designated a legal place to sleep. COUNCIL ACTION REQUESTED: Approve a bill for an ordinance amending EMC 7-6B-6 FINANCIAL IMPLICATIONS: None anticipated. OUTREACH/COMMUNICATIONS: The City Attorney’s Office engaged with the community to solicit input and identify alternatives. The City Attorney discussed this issue at meetings of the Tri-Cities Homelessness Committee and Change the Trend; and provided a copy of the proposed ordinance and background information to Englewood Downtown Development Authority. The City Attorney also met one- on-one with several business owners affected by this issue, including Nixon's and Cafe180. None of the organizations voiced opposition to the proposed ordinance, but we did receive inquiries as to the City's future intent to further regulate sleeping and/or provide shelter to those experiencing homelessness. ATTACHMENTS: Page 263 of 276 Council Bill #49 Powerpoint presentation Page 264 of 276 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 49 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS 7-6B-6 REGARDING OBSTRUCTING HIGHWAYS, SIDEWALKS, RIGHTS OF WAY WHEREAS, the City of Englewood is committed to compliance with the American with Disabilities Act (“ADA”), including ensuring those with limited mobility have full and unimpaired access to its public areas and sidewalks; and WHEREAS, the purpose of City sidewalks is to provide a means of pedestrian transportation, including the use of pedestrians with limited mobility; and WHEREAS, the City has recently experienced an increase in the number of people obstructing sidewalks by placing/leaving furniture and personal property on them, and lying or sitting across them; and WHEREAS, those with limited mobility may be unable to walk over or around those obstructions; and WHEREAS, City staff reviewed the City’s sidewalk inventory and were advised by the City’s outside engineering consultant to ensure ADA compliance to provide either a 48-inch wide consecutive sidewalk path or a “detour” around an obstruction; and WHEREAS, the City is unable to provide a “detour” from a temporary obstruction of a person or privately-owned furniture or property sitting or lying across sidewalks; and WHEREAS, the City provides benches and other public seating areas on sidewalks for sitting and/or lying down that do not obstruct pedestrian sidewalk usage; and WHEREAS, sitting and/or lying down is appropriate in public spaces that are not intended for pedestrian or vehicle transportation, such as parks; and WHEREAS, an amendment to Englewood Municipal Code is appropriate to clarify that private furniture, property, and sitting and lying down on sidewalks is a prohibited sidewalk obstruction, to ensure ADA compliance and an open sidewalk path for those with limited mobility; and WHEREAS, new case law also prohibits a blanket prohibition against solicitation from City medians (which instead, should be based on public safety specific to each location), and therefore the same section of municipal code requires an amendment to comply with current law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Englewood Municipal Code Page 265 of 276 2 Title 7, Chapter 6B, Section 6 of the Englewood Municipal Code is hereby amended to read as follows (new provisions in italics, deleted provisions struck through): 7-6B-6: Obstructing Highways and Public Passages. A. No person shall Offenses: An individual or corporation commits an offense if without legal privilege, he/she intentionally, knowingly, or recklessly: 1. Obstructs a highway, public right of way, street, sidewalk, mail, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances (collectively, “passageway”), whether the obstruction was created by the person acting arises from his/her acts alone or with from his/her acts and the acts of others; or and with the exception of sales pursuant to a public sidewalk sale or farmer's market as defined in EMC § 16-11-2; or 2. Disobeys a reasonable request or order to move issued by a uniformed person he/she knows to be a peace officer, emergency medical technician, paramedic, or firefighter, a fireman, or a person with authority to control the use of the premises, to prevent obstruction of a street or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard; or 3. Solicit employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street, highway, or entrance/exit to a highway, where such solicitation or collection has been prohibited by the City and signage at the location so indicates. B. Definition: For purposes of this section, "obstruct" means to: sit on or lie across, except upon authorized street furniture designed for that purpose; render impassable, or to render passage unreasonably inconvenient, or hazardous; place furniture or other personal property unless incidental to the lawful use of the passageway; enter the traveled portion of a street or highway occupied by vehicles except as authorized by law or pursuant to a crosswalk or traffic control device; or cause a violation of other applicable law, such as the Americans with Disabilities Act, on the passageway. C. Prohibited Acts: It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or merchandise, to make any unnecessary sound or noise, to obstruct any sidewalk or other public place, or disturb or impede others. Except sales pursuant to a public sidewalk sale or farmer's market as those terms are defined in E.M.C. Section 16-8-1. Exceptions. This Section shall not apply to obstructions and encroachments specifically authorized by applicable law, this Code, or otherwise specifically permitted by the City, including those authorized under EMC §§ 11-3-3 and 11-3-4. D. Solicitation On or Near Street or Highway: 1. The purpose of this subsection is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Roadways that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning. Sometimes persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights. Page 266 of 276 3 2. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway when such solicitation or collection: a. Causes the person performing the activity to enter onto the traveled portion of a street or highway. b. Involves the person performing the activity to be located upon any median or island area which separates traffic lanes. c. The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction. 3. It shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on any highway included in the State system including any entrance to or exit from such highway. 4. For purposes of this subsection, the traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. 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 its application to other persons or circumstances. B. 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. C. 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. D. 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 Page 267 of 276 4 legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced, read in full, and passed on first reading on the 6th day of September, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of September, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of September, 2022 for thirty (30) days. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 6th day of September, 2022. Stephanie Carlile Page 268 of 276 Proposed Ordinance Sidewalk Obstructions, Solicitation from Vehicles Tamara Niles, City Attorney Page 269 of 276 •Presented to Council on May 23, 2022 regarding law on sidewalk obstructions •Consulted with City outside engineering consultant on ADA compliance, and EPD Homelessness Liaison •Presented to Tri-Cities Homelessness, Change the Trend; sought input from EDDA Background Page 270 of 276 •Case law recently held that cities can no longer have a blanket ban on solicitations from vehicles/medians. •The City can prohibit these actions in certain areas, based on public safety and supported by data for that specific location. •So, the proposed ordinance removes the blanket ban language. Solicitation from Vehicles Page 271 of 276 •Expands the definition of prohibited sidewalk obstructions to specifically include sitting/lying on sidewalks and right of way and placement of unpermitted furniture/property except as incidental to a lawful use of the sidewalk •Ensures compliance with ADA to provide unimpeded sidewalk access to those with limited mobility Obstruction Defined Page 272 of 276 •Benches/Furniture on the Sidewalks/Right of Way •In general, other public places that aren’t streets, sidewalks, City right of way, building entrances, areas used for passage •City’s park system during the day •Significantly more space to rest and/or place personal belongings If Not on the Sidewalks, Then Where?Page 273 of 276 QUESTIONS?Page 274 of 276 P R O C L A M A T I O N WHEREAS, the City of Englewood recognizes the importance of Emergency Preparedness in the community; and WHEREAS, the goal of National Emergency Preparedness Month is to raise awareness about steps individuals, families and communities can take to increase readiness for disasters and emergencies that could happen at any time; and WHEREAS, the safety of our community is the responsibility of each and every one of us and we must prepare now and learn how to secure a strong and healthy tomorrow; and WHEREAS, all residents of the City of Englewood are encouraged to participate in preparedness activities and use resources to ensure their preparedness. This month Ready.gov will be sharing resources to help you prepare for disasters. NOW, THEREFORE, BE IT PROCLAIMED THAT, I Othoniel Sierra, Mayor of the City of Englewood, Colorado (“the City”) and the City Council, hereby proclaim: Emergency Management Preparedness Week as the last week of September in the City of Englewood and urge all citizens to appreciate the contributions of those who chose public service. GIVEN under my hand and seal this 26th day of September, 2022 Othoniel Sierra, Mayor Page 275 of 276 P R O C L A M A T I O N Proclaiming October 2022, as Conflict Resolution Month in Englewood, Colorado Whereas, conflict resolution encompasses mediation, arbitration, facilitation, collaborative decision-making, restorative processes and other responses to difference; and Whereas, the conflict resolution processes empower individuals, families, communities, organizations, and businesses to foster communication and devise solutions that are acceptable to the needs and interests of all parties involved; and Whereas, conflict resolution is taught and practices by citizens in many school systems, universities, and graduate programs throughout Colorado and the world as a way of solving disputes; and Whereas, community-based programs fairly and equitably resolve neighborhood and community conflicts, thereby strengthening local relationships; and Whereas, professional associations of conflict mediators promote peaceful and creative resolutions to disputes. NOW, THEREFORE, I, Othoniel Sierra, Mayor of Englewood, Colorado do hereby proclaim: October, 2022 Conflict Resolution Month In Englewood, Colorado I urge all of our residents to join together to support this effort. GIVEN under my hand this 3rd day of October, 2022. ____________________________________ Othoniel Sierra, Mayor, City of Englewood Page 276 of 276